Draft Resolution — Emeryville City Council, March 5, 2024

RESOLUTION NO. 24-
Resolution Of The City Council Of The City Of Emeryville Approving And Adopting A Memorandum of Understanding With The Service Employees International Union Local (SEIU) 1021 Authorizing The City Manager To Execute The Memorandum Of Understanding And Approving An Amendment To The City’s Classification And Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5
WHEREAS, the current Memorandum of Understanding between the City of Emeryville (the “City”) and Service Employees International Union Local 1021 (“SEIU”) expired June 2022; and
WHEREAS, the City and SEIU entered into negotiations for a successor memorandum of understanding; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) and the Emeryville Employer-Employee Organizational Relations Resolution (Resolution No. 86-05), the City Manager or designee, as authorized by the City Council, has met and conferred in good faith with the representatives of SEIU on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and SEIU have reached a tentative agreement to a successor Memorandum of Understanding (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the membership of SEIU ratified the agreement as of February 12, 2024; and
WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Emeryville hereby approves and adopts the MOU for SEIU, effective July 1, 2023 and authorizes the City Manager to execute the MOU and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications.

BE IT FURTHER RESOLVED that if any provisions related to the MOU contained herein are found to be in conflict with provisions of any other previous resolutions related to the MOU, the provisions herein shall prevail.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Resolution No. 24-
SEIU Successor MOU
City Council Meeting | March 5, 2024

Page 2 of 2 ends

ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, March 5, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
 Exhibit A – Memorandum of Understanding track changes  Exhibit B – Memorandum of Understanding clean
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EMERYVILLE
AND
SERVICE EMPLOYEES’ INTERNATIONAL
UNION (SEIU) LOCAL 1021
July 1, 2023 through June 30, 2026
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Table of Contents
Section 1 - General Provisions..................................................................................................................1 Section 2 - Direct Pay for Services ...........................................................................................................3 Section 3 - Hours and Overtime................................................................................................................4 Section 4 - Leave of Absence....................................................................................................................7 Section 5 - Contracting Out.....................................................................................................................13 Section 6 - Employee Rights...................................................................................................................14 Section 7 - Employee Evaluation Procedures ........................................................................................14 Section 8 - Posting and Filling of Temporary Vacancies........................................................................16 Section 9 - Health and Safety..................................................................................................................17 Section 10 - Grievance Procedure...........................................................................................................18 Section 11 - Non-Harassment and Retaliation ........................................................................................21 Section 12 - Layoffs & Resignations. .................................................................................................... 21 Section 13 - Miscellaneous .....................................................................................................................24 Section 14 - Health and Welfare .............................................................................................................25 Section 15 Salary ....................................................................................................................................31 Section 16. Uniform Allowance.............................................................................................................32 Section 17 - Holidays.............................................................................................................................32 Section 18 - Child Safety and Protection ................................................................................................34 Section 19 - Employee Assistance Program............................................................................................35 Section 20 - Concerted Activities............................................................................................................35 Section 21 - Management Rights and Responsibilities...........................................................................35 Section 22 – Direct Deposit ....................................................................................................................35 Section 23 - Severability of Provisions...................................................................................................36 Commented [LN1]: To be finalized once changes are
accepted
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MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY MEMORANDUM OF 0.5 pt

UNDERSTANDING
WITH
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021

MEMORANDUM OF UNDERSTANDING
PREAMBLE - We, the undersigned, duly appointed representatives of the Management of Emeryville Services Authority (EmployerMESA) a political subdivision of the State of California, hereinafter referred to as "City", and Service Employees International Union, Local 1021, a recognized employee organization, hereinafter referred to as "Union", having met and negotiated in good faith, under the authority of the Meyers-Milias Brown Act, do hereby jointly prepare the following written Memorandum of Understanding.

It is therefore agreed as follows:

Section 1 - General Provisions

1.1 Recognition
The Union is formally acknowledged as the Recognized Employee Organization representing the employees occupying those positions set forth in Salaries and Classification, Appendix A, attached to and hereby made a part of this Memorandum of Understanding, as well as any new classifications which may be assigned to this representation unit by the City Manager.

Changes, modifications, additions and/or deletions to the representation unit shall only be made pursuant to the provisions of the Employer-Employee Organization Relations Resolutions of the EmployerMESA.

Appeals from a determination of the Employee Relations Officer may be processed pursuant to Section 10. Grievance Procedure of this Memorandum of Understanding in lieu of the Appeal Procedure set forth in the Employer-Employee Relations Resolution.

1.2 Discrimination Prohibited
The EmployerMESA and Union agree that they shall not discriminate, as defined by law, in any way on account of race, creed, religion, sex, sexual orientation, national origin, political affiliation, disability, or age. The EmployerMESA agrees that there shall be no discrimination, interference, restraint or coercion by the EmployerMESA or any of its agents or employees, on behalf of or against any of its employees because of membership in the Union.

1.3 Union Security
Union Access to New Employee Orientation (AB119)
SEIU Local 1021 shall have access to New Employee Orientation (NEO) sessions, consistent with AB 119. EmployerMESA shall recognize the designated field representatives as the points of contact for NEO related matters. The Union shall be responsible for updating EmployerMESA of any changes to the points of contact. In accordance with the provision of AB119, EmployerMESA shall do the following:

A. Provide the Union’s designated representatives with a scheduled NEO date not less than 10 days’ in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not Formatted: Font: 12 pt
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 2 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026 Formatted: Normal, Indent: Left: 0.01", Space Before:

0.5 pt reasonably foreseeable.

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B. Provide the Union a list of new employees, who are represented by their respective bargaining unit and are scheduled to attend the upcoming NEO session. The list, which shall include each new employee’s name, classification, location, division, and supervisor, shall be provided no later than the Monday before the scheduled NEO date. A shorter notice may be provided under mitigating circumstances, in which case EmployerMESA will provide the information as soon as possible prior to the NEO date.

C. Within 30 days of a the date of hire of each new employee in a classification represented by the Union, the EmployerMESA will provide, via email to a duly authorized Union official, the employee’s name, job title, department, work location, work, home and personal cell phone number, home address, work and personal email address on file with the EmployerMESA. If EmployerMESA does not have the home or personal cell phone number or the personal email address on file, this information shall not be provided.

D. The Union shall be permitted to meet separately with newly hired employees represented by their bargaining unit, and make a presentation of up to 30 minutes at the conclusion of each NEO. The EmployerMESA will provide a space for the Union representative to meet with the new employees during this timeframe. Under no circumstances shall the Union presentation exceed thirty (30) minutes.

E. If for any reason the Union will not be present for a scheduled NEO presentation, the Union shall notify the EmployerMESA at least 10 working days prior to the session.

F. EmployerMESA and the Union agree to handle payroll deductions for Union-represented employees in accord with Government Code section 1157.12.

G. The EmployerMESA shall provide, via electronic format, a list of all existing bargaining unit members on record every 120 days. The list shall be provided to the Union membership department by the last Friday of the month in April, August and December of each year, respectively. The listshall include the following information to the extent it is in the Employer’sMESA’s possession:

1. Name

2. Classification

3. Department

4. Union Code Description

5. Work Address

6. Work, Home and Personal Cellular Telephone Numbers

7. Work and Personal Email Addresses

8. Home Address
If the EmployerMESA does not have the home and personal cell phone number, or the personal email address on file, this information shall not be provided.

Union designee, who is limited to Union Representatives, Union Board Members, Chapter Presidents, and Shop Stewards, shall conduct the presentations covered under this agreement. In the event none of the listed designees are available for a scheduled NEO, a member may be granted release time to be present. Only one employee will be granted release time to be present at each NEO. Release time request must be made by the Union no DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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later than 12:00 p.m. three (3) business days before the scheduled NEO.

The parties will agree to allow an employee Union member designee to be granted release time, including reasonable time for travel, to present at the NEO.

1.4 Bulletin Board Space
The EmployerMESA shall provide reasonable space on bulletin boards for official Union notices at each central work area.

1.5 Meeting Space
The EmployerMESA shall reasonably make available conference rooms and other meeting areas for the purpose of holding Union meetings during off-duty time periods subject to space and security considerations. The Union shall provide timely advance notice of such meetings.

1.6 Union Access to Work Locations
Union officers and representatives shall be granted reasonable access to employee work locations to contact members concerning business within the scope of representation. Union representatives shall reasonably notify the employee's department head or supervisor of their presence and exercise care not to interfere with the performance of duties assigned to the employee. Union members may use the City electronic mail system limited to minimal and incidental use related to notification of meetings.

1.7 Distribution of Information
A. Union representatives shall be allowed a reasonable amount of time, not to exceed one (1) hour, to orient the new employee regarding the Union. Release time for such orientation must be approved by an employee’s immediate supervisor.

B. Union representatives shall be notified within thirty (30) days of any hiring date or separating date of an employee subject to this Agreement, their department, classification and, if known at the time to the Human Resources Department, the new employee’s immediate supervisor.

1.8 Add/Delete of Budgeted Positions
The EmployerMESA shall notify the Union of any proposed additions or deletions to all budgeted positions prior to approval by City Council. Such notification is for information purposes only, and shall not create an obligation for the City to meet and confer over the notification or the substance of the notification.

1.9 Memorandum Agreement Orientation
The City and the Union shall conduct orientation sessions on the MOU for members and Management within three months of signing the Agreement. Additional sessions for stewards and supervisors may also be provided.

Section 2 - Direct Pay for Services

2.1 Initial Salary
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The initial salary of an employee of the EmployerMESA shall be the salary attached to the lowest rate of the salary schedule established for the classification to which the employee is appointed; provided, however, that the appointing authority may appoint a new employee at any step in the applicable salary schedule for the classification involved if there has been unusual difficulty in recruiting competent employees at the lowest rate of said salary schedule or the higher rate is commensurate with the education and experience of the appointee.

2.2 Minimum Salary Increase When Promoted
Whenever an employee is promoted to a position in a classification with a higher salary range maximum, the employee shall receive the step in the new range that is higher than the current pay, provided the new step placement represents at least a 5% increase over the employee’s then-current base pay. The appointing authority, with discretion and for good cause, may provide for compensation at any step in the applicable salary schedule for the classification involved if the employee has demonstrated outstanding achievement in the public service.

2.3 Salary Steps
Advancement within the salary range specified for an employee's classification shall be on the basis of one year's satisfactory service, as evidenced by a performance evaluation, and shall be effective on the first anniversary date of appointment to such classification. An employee who has demonstrated outstanding achievement in the public service may receive a step increase at a shorter interval than set forth above.

Section 3 - Hours and Overtime

3.1 Work Week
The normal schedule of work hours is as follows:

Employee Work Schedule Overtime
1) Eight (8) hours per day Hours in excess of forty (40) hours Five (5) days per week per week or eight (8) hours per day.
2) Seven (7) hours per day, Over thirty-five (35) hours per five (5) days per week. week or seven (7) hours per day.
3) Eight (8) hours per day, Over 171 hours in 28-day work Five (5) day per week, period.
28 days per work period.
4) A flex time schedule Over the prescribed hours approved by the week/day.

City Manager in writing.

The EmployerMESA may allow interested employees the option of establishing flexible schedules if recommended by the Department Head and approved City Manager. Flexible schedules shall include but not be limited to job sharing, four (4) day workweeks, flexible starting times.

3.2 Overtime Work
All work performed in excess of, an employee's normal workday or in excess of an employee's normal workweek shall be considered overtime work. Overtime work may be required of any employee in order to meet special or unusual needs of service beneficial to the EmployerMESA and community. Time spent in any of the leaves listed in Section 4 – Leave of Absence will not DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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count as time worked toward determining an employee’s entitlement to overtime compensation.

Arrangements of overtime work shall rest solely with the Department Head or the designated representative. The EmployerMESA may require employees to work more than their regularly scheduled workday or workweek.

3.3 Compensation for Overtime Work
Employees performing compensable overtime work shall be paid at the rate of time and one-half (1-1/2) of the employee's straight-time hourly rate of pay. Any overtime work performed in excess of four (4) hours of overtime in a day or on the seventh (7th) consecutive day of work in a seven (7) day period shall be paid at double (2x) the regular rate of pay.

An employee, with their supervisor's approval, may elect to receive compensatory time off in lieu of overtime pay. If an employee elects to receive compensatory time in lieu of overtime pay, such request will not be unreasonably denied; provided, however, no employee shall be permitted to accumulate more than 120 hours of compensatory time at any time.

Accrued compensatory time may be used, with supervisory approval, when requested by the employee provided twenty-four (24) hours advance notice is given by the employee involved.

3.4 Assignment of Overtime
The EmployerMESA will provide at least twelve (12) hours advance notice of available overtime work whenever possible.

Overtime will be assigned on a rotational basis among qualified employees who perform the same type of work during the normal workday.

Each department shall permit inspection of its overtime records by the Union.

3.5 Minimum Overtime Guarantee
An employee eligible to receive payment for overtime who is called back to work on a day off, or who is called back to work after their regular working day has been completed and has left the employment site, shall be paid a minimum of three (3) hours at time and one-half of the employee's regular hourly rate of pay. An employee who is required to make a job-related court appearance, on a scheduled day off shall be compensated for a minimum of four (4) hours at the overtime rate.

3.6 Acting Pay
Employees may be assigned to perform the duties of a higher classification on an "acting" basis when a vacancy exists in such higher paid classification for a period in excess of one (1) working day. An "acting" assignment shall only be made by a Department Head and employees shall be provided with a written notice assigning them to the higher classification on an acting basis.

Employees assigned by the Department Head to perform the duties of a higher classification on an "acting" basis, shall receive "acting" pay for each full day of assignment in such higher classification. In the event the employee works more than forty (40) consecutive hours in the higher classification, the employee shall be paid "acting" pay for the entire period worked in the higher classification. Acting pay shall be at that step of the classification in which the employee is acting, which shall result in at least a five percent (5%) increase.

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In the event an employee works continuously for the applicable hourly equivalent of one (1) year that is either one thousand eight hundred-twenty (1,820) hours for those on a thirty-five (35) hour per week schedule or two thousand eighty (2,080) hours for those on a forty (40) hour per week schedule, in the higher classification, the employee will be promoted to that classification. Such promoted employee shall be subject to the regular promotion probation requirements of the City.

3.7 Meal Periods and Rest Periods
Employees, except dispatchers (see Section 3.8), shall be assigned to a one-half (1/2) hour or a one (1) hour unpaid meal period each day within a two (2) hour period at the midpoint of each shift, and a fifteen (15) minute paid rest period during the first half of the work shift, and another fifteen (15) minute paid rest period during the second half of the work shift. Work break periods may not be used for time off at the beginning or end of an employee’s shift.

3.8 Dispatchers Rest Periods
Dispatchers will be eligible to suspend their duties for a paid lunch period of thirty (30) minutes subject to the direction of the Police Services Manager or the Watch Sergeant (in their absence).

In the event of an interrupted lunch break, and if staffing permits, the Dispatcher affected may resume their lunch break.

A. No lunch period will be scheduled at the beginning or end of a tour of duty except in special situations and then only with permission of the Police Services Manager or the Watch Sergeant (in their absence).

B. No lunch period will be granted to Dispatchers working less than five (5) hours.

C. Lunch periods shall be subject to supervision and direction of the Police Services Manager or the Watch Sergeant (in their absence) and shall be scheduled so as to provide uninterrupted service to the public.

D. Dispatchers shall be assigned a fifteen (15) minute paid rest period during the first half of the work shift, and another fifteen (15) minute paid rest period during the second half of the work shift. Work break periods shall not be taken during priority one calls for service or in instances where another Dispatcher is not available to cover; in such instances the employee shall have no remediation. Work break periods may not be used for time off at the beginning or end of an employee’s shift.

3.9 Stand-by Pay
A. The EmployerMESA may assign Crew Leaders and Maintenance Workers to mandatory stand-by status in one week increments on a rotating basis in the order of least to most senior. Maintenance Workers are required to have at least one (1) year of experience in the classification and be deemed by management to be qualified for stand-by assignments. If an employee is absent from work during their turn in the rotation for assigned standby status, the Public Works Supervisor may assign any Maintenance Worker or Crew Leader to assume the stand-by responsibility during the absence. In making such assignment to cover absences, the Public Works Supervisor will make reasonable efforts to solicit a volunteer to cover the absence or holiday period rotation.

If there is no volunteer, the Public Works Supervisor shall distribute the assignments so as to avoid giving any non-volunteering employee an excessive share of such assignments.

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B. The normal standby week rotation will be Monday through Sunday, inclusive. The Public Works Supervisor may deviate from this rotation pattern and staffing levels or may assign in an emergency (e.g., storm conditions) without notice or with thirty (30) days advance written notice if, in their judgment, such deviation would best serve the EmployerMESA’s operational needs.

C. While on stand-by status, the affected employee will be assigned a City truck for the stand-by week and shall carry a City-provided pager, cell phone or other such communication device at all times.

D. A Maintenance Worker assigned to the rotation who is required to report to work from standby status will be compensated for time worked at the third step of the Crew Leader wage range at the appropriate overtime rate if applicable.

E. Employees shall refrain from using alcohol or non-prescribed controlled substances while on stand-by status, and remain able to report to work within one (1) hour, if called to report for duty. If the employee’s residence is more than one (1) hour away from their normal City report location, the EmployerMESA will extend this one (1) hour period by a reasonable period as determined by the EmployerMESA to accommodate the additional necessary travel time. An employee on stand-by status may otherwise freely use such time for their personal activities. When the employee reports to work, stand-by status ends and the City shall thereafter compensate the employee at their base hourly rate or, if applicable, the overtime rate of one and one-half (1½) times their regular rate of pay, for all hours worked after such call until the employee is authorized to terminate the work for which they were called to report, except for the hours between 11 p.m. and 7 a.m. when they will be paid double (2 times) their regular rate of pay for the hours worked. For each hour period spent on stand-by status the employee shall receive six dollars ($6.00). Time in stand-by status is not time worked for pay purposes.

F. In the event there is an unexpected absence on a weekend or holiday, the employee assigned to work standby may be required to report to work, depending on operation and service needs.

G. At any time during the term of this agreement, either party may request to discuss possible modifications of the stand-by procedure to mitigate negative effects for employees or operations. The parties may amend the procedure by mutual written agreement of the Union and the City Manager.

3.10 Shift Differential
For represented employees in the Police Department, the City shall pay a shift differential of five percent (5%) of the employee’s base wage for all hours actually worked on dispatch between the hours of 1750 1800 (5:56:00 p.m.) and 0550 0600 (5:56:00 a.m.).

Section 4 - Leave of Absence

4.1 Status Report of Accrued Leave
The EmployerMESA agrees to regularly provide an official record of the current accrued leave on each employee's paycheck stub. Verification of an employee's official accrued leave record will be provided upon receipt of a reasonable request for such verification by the MESA.

4.2 Vacation Leave
A. Accrual
An employee shall accrue vacation leave from the date of the employee's regular appointment by the EmployerMESA, each month at the rates enumerated below up to the accumulation maximum. For the purpose of determining the amount of vacation DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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entitlement, an employment year is defined as the period of one year from the anniversary date of such appointment by the EmployerMESA.

Employees hired prior to July 1, 1999:

From date of appointment to regular employment through the completion of ten (10) years of service: Fifteen (15) days of vacation per year, (1-1/4 days/month); beginning with the commencement of the eleventh year of service - twenty (20) days vacation per year (1-2/3 days/month); beginning with the commencement of the twenty-first year of service - twenty-five (25) days vacation per year (2.08 days/month).

Employees hired beginning July 1, 1999: 0 – 4 years of service, 10 days vacation per year (.83 days/month); 5 - 10 years of service, 15 days vacation per year (1.25 days/month); 11 - 20 years of service, 20 days vacation per year (1.66 days/month); 21 plus years of service, 25 days vacation per year (2.08 days/month).

B. Minimum Usage
An employee may take vacation leave in increments of not less than one-half (1/2) day.

C. Interruption of Leave
In the event that a holiday occurs during a period of authorized vacation leave, the workday which is the holiday shall be charged as a holiday and not as a day of vacation.

In the event that an employee needs to use sick leave during that employee's scheduled vacation, the full workdays on which such illness occurs shall not be charged to vacation leave, provided that a doctor's certificate or report of treatment is submitted and approved. Vacation leave not used due to the use of sick leave in an authorized vacation period shall be rescheduled for use at a later date, in accordance with established procedure.

D. General

1. If it becomes necessary to call an employee back to work from a scheduled vacation, the employee shall be credited with the unused vacation hours and shall have the opportunity to take such remaining vacation leave at a time of the employee's choosing with the Department Head's approval. The employee’s travel costs incurred for changing travel plans and returning to work shall be reimbursed except in instances of a declared City, State or National emergency.

2. If an employee leaves the EmployerMESA's employment and has unused vacation time, compensation shall be given at the hourly rate times the hours of unused vacation.

3. An employee may elect to take all or part of earned vacation, or may carry over to the next service year all or part of earned vacation. No employee will be allowed to maintain a balance of unused vacation leave in excess of twice their yearly allowance for the forthcoming year. It shall be the responsibility of each employee to insure the full use of vacation leave credits received by scheduling the necessary time off each year. An employee who reaches the accumulation maximum will cease to accrue further vacation until their balance drops below the maximum.

E. Part-Time Employees
All Permanent part-time employees shall receive vacation and sick leave computed at DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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50% of the accrual provided to full-time employees. Any permanent part-time employee working above the 50% threshold shall accrue prorated vacation and sick leave hours based on the full-time equivalent status of the position held. For example, an employee in a budgeted 75% full-time equivalent position would be eligible to accrue vacation and sick leave at 75% of a full-time employee’s accrual level with the same years of service.

F. Vacation Requests
Requests by a represented employee for vacation leave shall be subject to management approval. The department head or designee shall respond to vacation requests in a timely manner and no later than seven (7) working days from the date the request is submitted. Management will consider the time sensitivity of the request, operational needs and staffing considerations in an effort to provide a timely response. The MESA shall consider City seniority as a factor in resolving conflicting requests for vacation leave.

4.3 Sick Leave Accrual
Sick leave shall be accrued monthly for all eligible full-time employees at the rate of one and one quarter (1-1/4) days per month.

Employees may be granted sick leave in increments of no less than one-half (1/2) hour.

C. 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 a person 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’s Human Resources Department 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, 2021.

D.A. Entitlement. An employee may use accrued sick leave for illness in the immediate family. At the MESA's request, the employee will provide satisfactory evidence of the facts justifying such absence.

4.5 Sick Leave Buy-Back
A. Upon retirement from the EmployerMESA for service or disability, a full-time employee may convert accrued but unused sick leave to additional service credit as provided in the EmployerMESA's contract with the Public Employees' Retirement System; or B. For represented employees hired before January 1, 2014, they shall receive payment for DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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that portion of sick leave earned but unused at the time of separation up to a maximum of one hundred twenty (120) days at the rate of sixty percent (60%) of their then current salary, provided the employee separates from the EmployerMESA in good standing. Good standing is defined as retirement or in the case of resignation, the employee has provided at least two (2) weeks notice prior to separation (as provided in Section 12.3).

C. For represented employees hired on or after January 1, 2014, payment of sick leave will be granted to employees with at least ten (10) years of continuous service and shall receive payment for that portion of sick leave earned but unused at the time of separation up to a maximum of one hundred twenty (120) days at the rate of thirty percent (30%) of their then current salary, provided the employee separates from the EmployerMESA in good standing. Good standing is defined as retirement or in the case of resignation, the employee has provided at least two (2) weeks notice prior to separation (as provided in Section 12.3).

4.6 Serious Illness/Injury
An employee who suffers a non-job-related illness or injury may be required to undergo a medical examination to determine fitness for employment prior to return to work. The necessity for such medical examinations shall be determined by the Human Resources Director an individual basis. Such medical examinations shall be conducted by a physician selected by the EmployerMESA. The City shall be responsible for the cost of such examinations.

4.7 Catastrophic Injury/Illness Time Bank
Upon approval of the City Manager or their designated representative, use of Catastrophic Leave from the City of Emeryville/EmployerMESA Catastrophic Leave Bank may be available for the benefit of an non-probationary MESA or City employee suffering from a catastrophic illness or injury either to their self, their spouse, domestic partner, parent or dependent child.

Employees may donate earned vacation, compensatory time and/or sick time on a voluntary basis to another City employee or EmployerMESA employee. The donation and the use of Catastrophic Leave shall be subject to the conditions listed below.

A. The employee requesting Catastrophic Leave must have exhausted all other leave balances available to the employee including earned vacation, earned sick leave and accrued compensatory time before qualifying for catastrophic leave. The employee shall specify in their application the number of leave hours they are requesting. If those are exhausted, the employee may file a new application for a specified number of additional hours.

B. Catastrophic Leave may only be used for a qualifying “medical emergency” as provided under applicable federal and state law. As described in U.S. I.R.S. Revenue Ruling 90- 29 (1990-1 C.B. 11, 1990 I.R.B. 5) a “medical emergency” is defined as a medical condition of the employee or a family member of the employee that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave. A family member of the employee includes a spouse, domestic partner, parent or dependent child. State and federal income tax on the value of leave donated shall be deducted from the receiving employee's pay at the time of payment to the employee.

C. The donation of leave hours shall not be reversible. In the event all hours donated are not used for the catastrophic illness or injury, the balance will remain in the Catastrophic Leave Bank for subsequent use by eligible EmployerMESA or City employees with a qualifying catastrophic emergency.

D. All hours donated to a recipient shall be treated as sick leave and subject to the provisions in this Memorandum of Understanding regarding the use and payment of same.

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E. Donated leave time shall be changed to its cash value and then credited to the City’s Catastrophic Leave Bank. Funds in the Bank will then be available to an eligible recipient in equivalent hours at the recipient's straight time hourly rate of pay.

F. Donating employees may not reduce their balance of earned vacation below eighty (80) hours by reason of such donations.

G. Donating employees may not reduce their balance of earned sick below one hundred and twenty (120) hours by reason of such donations.

4.8 Funeral Bereavement Leave
In the event of a death in the immediate family of a permanent or probationary employee, they shall be granted upon request, paid bereavement leave, such time off with pay as is necessary to make arrangements for the funeral and attend same, not to exceed three (3)five (5) 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 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 Ssection 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 a person 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 or for current employeesthereafter during the medical insurance annual “Open Enrollment” period. This language will expire on June 30, 20261.

At the request of the EmployerMESA, the employee shall furnish a death certificate and proof of relationship.

4.9 Workers’ Compensation
For employee injury or disability falling within the provisions of the State Workers' Compensation Disability Act, disability compensation at the rate allowed under said Act shall be the basic remuneration during the employees' period of disability. In the case of full-time and part-time employees other than temporary and provisional employees, additional compensation equal to the difference between said employees' regular pay and the disability compensation allowance shall be granted for a period not to exceed forty-five (45) calendar days for any one period of incapacity.

The number of hours each day for which a part-time employee is compensated pursuant to the provisions of this Section shall be equivalent to the average daily number of hours worked by DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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the employee during the fifty-two (52) week period or entire period of employment whichever is less immediately preceding their absence because of industrial disability.

Payment under this provision shall be integrated with any benefit which said employee may receive under the Labor Code of the State of California awarded as the result of the same injury.

If, after the period of entitlement, the employee is still disabled, the employee may supplement any benefits paid under the Labor Code with accumulated sick leave and vacation to the extent necessary to make up the difference between the amount of said award and the normal weekly base pay for each week of continuing disability.

The EmployerMESA reserves the right to determine medical fitness for employment prior to the employee being returned to work. Such evaluations shall include a determination that the employee may safely return to work without the likelihood of further injury or illness to the employee. All such evaluations and determinations shall be consistent with workers' compensation law.

If an employee engages in alternate employment during the period of temporary disability the EmployerMESA shall receive a credit against workers' compensation payments made to the employee during said period of temporary disability.

4.10 Jury Duty Leave
Employees who have been summoned for and/or selected to serve on a jury shall receive their regular rate of compensation during such absence from work; provided that any jury fees received by an employee shall be remitted to the City.

Employees with nonstandard hours who have been selected to serve for jury duty on their regularly scheduled work day should be compensated for their regular rate of pay and not be required to work their hours served on jury duty for that day/shift.

4.11 Subpoenaed Court Appearance Leave
Leave of absence shall be granted to an employee who has been served a subpoena to appear in a court case related to their employment with the EmployerMESA. The length of the leave granted shall be for the number of days in attendance in court as certified by the clerk or other authorized officer of the court. The employee shall receive full pay during the leave period provided that the witness fee for such leave is assigned to and the subpoena and court certification is filed with the EmployerMESA. The witness fee assigned to the EmployerMESA does not include reimbursement to the employee for expenses.

4.12 Family Leave
The EmployerMESA shall comply with the provisions of the State and Federal Family Leave Acts as required under the law. In that these two pieces of legislation are conflicted, the Employer MESA will establish a Family Leave Policy that incorporates the governing provisions of the statutes.

This policy will be incorporated into the EmployerMESA Personnel Rules as it applies to all bargaining units.

4.13 Parental Leave
A. Pregnant employees shall be allowed to continue working as long as they are physically capable of performing the duties of their jobs. Absence from work due to pregnancy related disabilities, shall be treated the same as absence from work due to any other physical disability.

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Any pregnancy related disability occurring outside the employees' paid leave period shall be treated the same as any other physical disability and the employee shall be entitled to use any accumulated sick leave during this time. In addition, the employee may utilize any accrued vacation leave, or compensatory time off for any portion of the unpaid leave.

B. Benefits Credits. Credit toward all benefits dependent upon length of service, such as seniority and pension credits, shall be accrued during the first four (4) months of parental leave and retained thereafter.

C. Life and Health Insurance Coverage. The EmployerMESA agrees to maintain life and health insurance coverage during parental leave for four (4) months subject to any regular participation requirement of the employee. Thereafter the EmployerMESA agrees to continue coverage for the employee at the employee's expense.

D. Reinstatement. An employee returning from parental leave shall be reinstated in their former position at the salary they would have received had their employment with the EmployerMESA been continuous, exclusive of step increases.

E. Maternity, Paternity and Adoption Leave. An employee shall have five (5) days off with pay for maternity, paternity or adoption leave. An employee may utilize any accrued vacation leave or compensatory time off for any additional time off for maternity, paternity or adoption leave.

4.14 Leave of Absence Without Pay
A permanent, full-time or permanent part-time employee may be granted a leave of absence without pay of up to one (1) year, upon approval by the EmployerMESA, with no loss of seniority or benefits accrued prior to said leave.

4.15 Union Leave
The City will grant three (3) members of the bargaining unit designated by the Union release from duty with pay for up to sixteen (16) hours each fiscal year to attend labor relations training or attend to union business away from City premises. In either case, such activities must be directly related to City of Emeryville contract negotiations or contract administration or for training but shall not be used to participate in preparation of litigation of any kind against the City, its Councilors, agents, officers, employees, or contractors. The designated employee must give the City at least ten (10) working days advance written notice of the desired work time off to the City Human Resources Director and the employee’s immediate supervisor, or leave will not be allowed. The City may deny or cancel such leave in an emergency or conditions of anticipated severe short-staffing.

4.16 Donor Activities
In the event that an employee participates in organ or bone marrow donation the employee may use sick leave or request catastrophic leave for this purpose.

Section 5 - Contracting Out
The EmployerMESA retains the right to determine if any of the work performed by members of the representation unit shall be performed by outside contract or intra-City transfer of work and to implement such action subject only to the terms of the following paragraph.

The EmployerMESA will provide the Union with forty-five (45) working days advance notice if a decision to sub-contract or transfer outside the bargaining unit work presently performed exclusively and traditionally by EmployerMESA employees will result in the layoff of any such employee(s). Such notice will include a brief statement of the reasons for the sub-contract. Within this forty-five (45) days DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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following notice from EmployerMESA of a decision to sub-contract that will result in a layoff, the Union may request to meet with MEmployerESA to discuss alternatives to the sub-contract. Such meeting shall be scheduled by the City in consultation with the Union and shall occur within seven (7) days after the request for the meeting is delivered to the City.

Section 6 - Employee Rights

6.1 Personnel Files
A. Employees shall be provided with copies of any disciplinary action before it is placed in the employee's personnel file. The employee shall have an opportunity to respond in writing to such disciplinary action and have their written response attached thereto.

B. Material in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the employee involved.

C. An employee, upon reasonable notice to their supervisor, shall have the right without loss of pay to examine and/or obtain copies of any material from their personnel file with the exception of material that includes ratings, reports, or records which were obtained prior to the employment of the employee involved. The employee's personnel file shall be available for examination by the Union Field Representative as authorized by the employee. Employees covered by this Agreement wishing to review their personnel file shall call the Personnel Office in advance and schedule an appointment to inspect their personnel files. This right will be exercised reasonably.

D. All personnel files shall be kept confidential.

E. The official personnel file and the official grievance file shall be maintained separately.

F. Employees or their designated representative may request a review of material contained in their personnel files for possible deletion. Formal letters of reprimand and/or formal counseling memorandum, which did not involve criminal violations will, upon written request of the employee, be removed from the employee’s official personnel file if there have been no other disciplinary actions for a two (2) year period. Materials which would be removed upon an employee’s request that are more than two (2) years old, based on the employee's continuous service for such two (2) year period, will not be used or relied upon to take or support disciplinary action.

6.2 Each new employee shall receive upon employment a copy of the Collective Bargaining Agreement to be provided by the Union at Union orientation.

Section 7 - Employee Evaluation Procedures
The following procedures shall be strictly adhered to:

7.1 Evaluation by First Level Manager
The first level manager shall evaluate the employee by means of a performance evaluation.

7.2 Period of Probation
A. Entry Level Probationary Period. The probationary period of an employee filling a new classification in the competitive service of the City/EmployerMESA shall be of nine (9) months in duration, except that, in the case of a probationary employee requiring further consideration, the EmployerMESA may at its option extend the probationary period by three (3)
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months. In such event, the EmployerMESA agrees to notify the Union of the fact that the period of probation for a person filling an entry level has been extended.

B. Entry Level Probationary Period, Police and Child Development Department Employees. The probationary period of an employee filling a new position in the competitive service of the City/EmployerMESA in the Police Department and those hired into the Teacher classification in the Emeryville Child Development Center shall be of twelve (12) months duration, except that, in the case of a probationary employee requiring further consideration, the EmployerMESA may, at its option, extend the probationary period by three (3) months. In such event, the EmployerMESA agrees to notify the Union of the fact that the period of probation for a person filling an entry level has been extended.

C. Promotional Probationary Period. All employees promoted to a position in the classified service shall serve a probationary period of six (6) months. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the classification from which they were promoted unless the employee is discharged in the manner provided in this Memorandum of Understanding.

7.3 Performance Evaluation
The EmployerMESA agrees that represented employees are entitled to a Performance Evaluation which describes individual performance. The report shall define the standards of acceptable service, serve as a means of recognizing good work, describe deficiencies, if any, and what steps the employee may take to achieve fully effective performance.

Probationary Employees. A new employee shall receive a Performance Evaluation within ten (10) days after the end of the fifth, eight and, in the case of 12 month probationary employees, eleventh months of service.

7.4 Presentation of Report to Employee
Management shall make every effort to provide timely employee performance evaluations.

Human Resources will notify departments of upcoming employee anniversary dates. Such notice will be provided on a monthly basis prior to the last week in the month preceding employee anniversary dates. If an evaluation is untimely and recommends a merit increase, such increase shall be retroactive to the employee’s anniversary date.

Upon completing the performance evaluation report, the evaluator shall present it to the employee and discuss it with the employee. The employee shall then sign the report in order to indicate their receipt and they shall receive a signed copy.

If an evaluation is not presented to the employee within sixty (60) days of the employee's anniversary date, and the employee has not been disciplined within the last six (6) months of the year being evaluated, such employee will be deemed to have had "satisfactory" performance for the year being evaluated and any appropriate merit increase will be paid retroactively to the employee's anniversary date. The evaluation for an employee who has been disciplined within the last six (6) months of the year being evaluated will be completed within ninety (90) days of the employee's anniversary date.

7.5 Petition for Reevaluation
Six (6) months after receiving a below satisfactory evaluation in any category, the employee DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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may petition their Department Head or designee to reevaluate them. If improvement has been shown, an updated evaluation will be completed and placed in the employee’s personnel file.

Section 8 - Posting and Filling of Temporary Vacancies

8.1 A temporary vacancy exists when either of the following circumstances occurs:
(a) An employee in a permanent position is absent due to illness, injury, or leave of absence; or (b) During the interim when a vacant permanent position is being evaluated for a reclassification.

8.2 EmployerMESA/City retains the right to determine whether a temporary vacancy will be filled or not and may fill the temporary vacancy from any resources such as temporary agency personnel except under the following conditions:

Whenever it is determined by the EmployerMESA/City that a vacancy of thirty (30) days of longer is to be filled on a temporary basis, the department with the temporary vacancy to be filled will post the vacancy for application by the employees within that department. Members of the bargaining unit assigned to permanent positions within the department where the temporary vacancy to be filled exists, and members assigned to permanent positions in another department who have obtained their department head's approval to apply for the temporary vacancy, will be considered before the department makes a temporary assignment from any other source.

A member assigned to a permanent position in another department than the department where the temporary vacancy exists will be advised by their department head of the reason(s) when their request for approval to apply for such temporary vacancy is denied. Such reasons may include but are not limited to the following: employee performance concerns, an employee’s probationary status, the lack of available backup, a skills scarcity, or the need to retain a critical job function within the department. The department head's decision to approve or not approve such request to apply for a temporary assignment shall be final and not subject to further appeal through the grievance procedure.

All applicants must meet the minimum requirements for the temporary vacancy. Such temporary vacancy will be posted for seven (7) calendar) days; interviews will be conducted with all eligible employees within the next following seven (7) calendar days; and applicants will be notified within the next following seven (7) calendar days. If no unit member is selected to fill the temporary vacancy, EmployerMESA/City may continue to use non-bargaining unit temporary personnel to fill the vacancy for longer than fifty-one (51) days.

In the case of vacancies occurring under 8.1.b above, the maximum a temporary employee can be assigned shall be six (6) months.

8.3 Filling Permanent Promotional Vacancies
When it is determined by the City that a vacancy will be filled on a permanent basis, the Human Resources Director shall certify the eligibility list to the hiring department for employment consideration. Members of the bargaining unit who are on the certified eligibility list will be interviewed before any other candidates on the certified eligibility lists are interviewed.

If there are three (3) or fewer eligible and available persons on an eligibility list for certification to the hiring department, the Human Resources Director may use discretion by calling for a new examination in order to secure a sufficient number of persons eligible for DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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certification.

8.4 Classification Studies/Job Audits
Classification study/job Audit requests shall be submitted to Department Heads. The Department Head shall review, comment on and forward such requests to Human Resources for consideration and discussion. The Union shall receive written notification of determination from Human Resources.

Section 9 - Health and Safety

9.1 Health and Safety Standard
The EmployerMESA and the Union will make every effort to maintain adequate and satisfactory health and safety standards. No employee shall be required to perform work with unsafe equipment or in situations which are injurious to their health or safety. The EmployerMESA shall conform to and comply with all health, safety and sanitation guidelines.

A Safety and Training Committee consisting of five (5) persons (including one representative from each Bargaining Unit) will meet at regularly scheduled intervals and shall hold safety meetings and inspections to recommend improvements consistent with OSHA and to recommend training programs to the City Manager. The Human Resources Director shall serve as staff to the Committee. Each bargaining unit shall designate one alternate member. Members of the Safety Committee shall be allowed reasonable release time to attend safety committee meetings.

9.2 Safety Committee
The Safety Committee shall be formed with a Union member from each of the below listed sites to review health, safety, sanitation and working conditions. The committee shall make recommendations to the appointed administrator who shall chair the Safety Committee meetings.

Sites: City Administration Offices, Public Works Corporation Yard, Police Department, Child Development Center.

The members of the Committee shall be allowed reasonable release time to attend safety committee meetings.

9.3 Heating, Ventilation and Air Conditioning
The EmployerMESA will make reasonable efforts to maintain building heating, lighting, ventilation and air conditioning systems in proper working order.

9.4 Employees with Chronic Illnesses
A. No employee shall be terminated, suspended with or without pay, solely because they have a chronic, serious or life threatening illness. The EmployerMESA may lawfully justify dismissal only when the disability 1) substantially interferes with the person's ability to perform their job after the EmployerMESA has made a reasonable accommodation for the disability, or 2) the employee would pose a reasonable probability of substantial harm to others.

B. No employee shall be required to be tested for the HIV antibody.

C. The EmployerMESA/Union shall follow the City’s Exposure Control Plan, which is required by OSHA standards, for all City employees that may be expected, on a routine or collateral basis, to be exposed to blood born pathogens or other infectious materials DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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(OPIMs). The text of the plan, which covers handling and training, is maintained in the Human Resources Department.

9.5 Video Display Terminals
The MESA shall endeavor to provide safe and healthy working conditions for employees using video display terminals (VDT's). The EmployerMESA will continue to make a good faith effort to assure safe and healthy working conditions for pregnant employees using VDT's, including provisions of safety equipment, manual performance of the work, and medically recommended restrictions.

Breaks shall be taken in accordance with Federal and/or State law. The EmployerMESA shall advise the Union of any health, safety, and/or ergonomic recommendations developed by the Health and Safety Committee. The EmployerMESA agrees to meet with the Union upon request, to review the findings and receive recommendations for modifications in safety regulations.

The safety committee shall make recommendations regarding the safe use and operation of VDT's.

9.6 Light Duty
The EmployerMESA shall meet and confer with the Union for the sole purpose of developing a light duty policy which shall be incorporated into the Personnel Rules and Regulations.

Section 10 - Grievance Procedure

10.1 Definition
A. A grievance is defined as, and limited to, a written complaint by an individual employee, group of employees, or the Union regarding any dispute involving an alleged violation of specific provisions of this Memorandum of Understanding (MOU) during the term of this MOU, or disciplinary actions.

B. Proposals to modify, amend or terminate this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable.

C. A grievance shall contain a clear and concise statement of the grievance by indicating the issue involved, the relief sought, the date the incident or violation took place and the specific section of the MOU alleged to have been violated.

D. Group grievances are defined as, and limited to, those grievances which cover more than one employee, and which involve like circumstances and facts for the grievance involved. Grievances which are group grievances must be so designated on the grievance form at Step 1. The grievance must describe the group involved.

E. Alleged violations of a specific provision of this MOU may be grieved by the Union and shall be so identified as a Union grievance on the grievance form. Such Union grievances shall be signed by the Field Representative or their designee and shall contain all information as specified above for any other grievance.

F. Working days, for the purpose of this section shall be defined as days during which the City of Emeryville/EmployerMESA's Administrative Offices are open.

10.2 Time Limits And The Grievance Steps
Timely submission of a grievance is established only by postmark or by hand delivery. Faxes DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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or e-mails do not establish proof of service or timeliness. Step 1. (a) The grievance shall be presented in writing, either by the employee or by an authorized union representative to the designated supervisor of the employee within twenty (20) working days after the cause of such grievance occurs or within twenty (20) working days from the date the employee had reason to know of the alleged violation of the MOU that gave rise to the cause of such grievance. Grievances which are not presented within the specified time period shall be deemed to be waived and abandoned. (b) The designated supervisor shall have twenty (20) working days from date of receipt of grievance in which to respond. The designated supervisor shall issue a response, in writing, to the employee and the employee’s representative designated on the original grievance form.
(c) A grievance occasioned by the action (or lack of action) of person(s) other than a management official in the employee’s home department, may be filed at Step 3, as long as said grievance is filed within the time limits specified in Step 1 (a), above.

Step 2.

If the grievance is not satisfactorily resolved at Step 1, the employee or the Union may submit a Step 2 grievance as follows:
(a) The Step 2 grievance shall be submitted in writing either by the employee or by an authorized union representative to the department head or to such representative as they may designate. A grievance may only be submitted to this (and each subsequent) step of the Grievance Procedure by giving written notice of the submission within twenty (20) working days of the expiration of the designated time limits of the EmployerMESA official responsible for the prior response. Deadlines which fall on a non-working day, will automatically be extended to the next business day. (b) The department head or a designated representative shall have twenty (20) working days from date of receipt of grievance in which to respond.

Step 3. Head of Human Resources:
(a) A grievance that remains unresolved following the Union's receipt of the Step 2 written response from the Department Head or their designated representative, and/or an ‘Advanced Level Filing’ grievance, shall be submitted to the Head of Human Resources within twenty (20) working days.
(b) The Head of Human Resources shall meet with the grievant, the steward associated with the grievance, the Chief Steward, and/or the Union Representative, limited to three union representatives total, including the grievant.
(c) The Head of Human Resources will have twenty (20) working days in which to provide a written response to any grievance, unless timelines are extended in accordance with this section.

10.3 Arbitration
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Step 4. Arbitration:
(a) If the grievance remains unresolved at Step 3, either the Union or the EmployerMESA may, by written notice to the other party, advance the grievance to an impartial arbitrator within twenty (20) working days of the Step 3 response. The arbitration shall be selected by mutual agreement within twenty (20) working days from the date the grievance is advanced to arbitration. If agreement is not reached, either party may request the names of five (5) impartial arbitrators from the State Mediation and Conciliation Service. Upon receipt of the list, the Head of Human Resources, or designee, and the designated Union Representative, or designee, shall alternately strike names from the list of arbitrators until one arbitrator’s name remains, whom shall serve as the arbitrator. This process shall occur within twenty (20) working days. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the EmployerMESA. Each party, however, shall bear the cost of its own presentation including, but not limited to, preparation, presentation at hearing, and post hearing briefs, if any. (b) The EmployerMESA and/or the grievant may call witnesses. If an employee covered by this Agreement gives testimony in connection with the grievance procedure during working hours, the employee shall suffer no loss of pay. If the grievant’s hearing is scheduled during working hours, the grievant shall suffer no loss of pay in order to present their grievance.
(c) Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto.

10.4 No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in subsection 10.1.

10.5 No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

10.6 No grievance involving disciplinary action taken against an employee will be entertained unless it is filed in writing with the Head of Human Resources within seven (7) working days of the time at which the affected employee was notified of such action.

10.7 Grievances which allege that employees are not being compensated in accordance with the MOU, shall be initially filed in writing with the Head of Human Resources. In no event shall there be any compensation adjustments that are retroactive prior to the date of the occurrence giving rise to the compensation grievance. Any other matters of compensation are not grievable and are to be resolved in the meeting and conferring process. If these matters are not detailed in the Memorandum of Understanding which results from such meeting and conferring process, they shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion.

10.8 A steward and one (1) alternate steward shall be appointed by the union in each of the following work areas:

City Administrative Office Public Works Department
Police Department Community Services Department
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A. If the aggrieved employee desires the assistance of a steward as provided in Steps 1 through 3 of the grievance procedure, or during the Arbitration process, the MESA shall afford said steward reasonable time off during work hours without loss of compensation or other benefits to investigate and take up said grievance. The grievant and/or the area steward shall obtain the specific approval of the Department and/or division head or, in the latter's absence, another authorized management official, before leaving their duties, work station or assignment for the purpose of investigating and/or processing a grievance.

If at any time during an interview without a steward in attendance, it becomes apparent that disciplinary action may result, either party may adjourn the interview until a steward can be present. The provisions of this paragraph shall not apply to interviews conducted for the purpose of reviewing an employee's performance evaluation.

10.9 Time lines may be extended by mutual agreement of the Union and the Head of Human Resources at any step in this procedure. A request for time line extension and subsequent agreement to a time extension shall be documented in writing by the party requesting the extension.

10.10 With the mutual consent of the parties, the services of a mediator may be employed to help mediate the grievance at any step in this procedure.

Section 11 - Non-Harassment and Retaliation

11.1 No employee shall be subjected to any illegal form of harassment in the course of employment.

Prohibited harassment and retaliation are defined in the EmployerMESA Administrative Instruction 1119 – Non-Harassment and Retaliation.

11.2 Allegations of prohibited harassment and/or retaliation shall be reported promptly to the immediate supervisor, or in accordance with procedures outlined in Administrative Instruction 1119. Should Administrative Instruction 1119 be amended, then the subsequent amendment(s) shall be utilized as the administrative remedy for addressing such complaints.

Section 12 - Layoffs & Resignations

12.1 Layoffs.

Whenever there is a lack of work or a lack of funds requiring reduction in personnel in a department or division of the City government, the required layoffs shall be made in accordance with the following procedures:

A. Employees shall be laid off in inverse order of their length of service within the affected job classification.

1. Length of service for the purpose of this Section 12.1 shall mean an employee's continuous uninterrupted service within a classification from the effective date of their appointment as a probationary or part-time employee in that classification.

2. An interruption in length of service within a classification shall occur as a result of any one of the following:

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(a) Discharge for cause
(b) Voluntary resignation
(c) Retirement for service or disability
(d) Absence from work for thirty-six (36) consecutive months because of layoff
(e) Failure to return from layoff as provided in Section 12.2 (f) Failure to return from an approved leave of absence upon the date specified for return at the time said approval was granted.

Provisional and acting appointments to a classification shall not be construed as service in such classification unless such provisional or acting appointment was contiguous with appointment to such classification in a probationary or part-time status.

3. Whenever the effective date of appointment to a classification is the same for two or more employees, the original date of hire as a probationary or part-time employee with the EmployerMESA shall be used to determine which employee has greater length of service within the classification. The employee with the earlier original date of hire with the EmployerMESA shall be considered to have the greater length of service within the classification in this situation.

In the event two or more employees have exactly the same length of service, the employee whose rank order on the eligibility list for appointment to the current classification was lower shall be laid off first.

B. Within each affected job classification all provisional, temporary and seasonal employees in that classification shall be laid off before probationary employees and all probationary employees shall be laid off before any regular employees provided; however, that part-time employees whose length of service is less than any probationary or regular employee shall be laid off before such probationary or regular employee.

Thereafter, if additional reductions in personnel are required, those employees with the least length of service within the affected classification shall be laid off.

C. As an alternative to layoff, an employee with regular, probationary or part-time status who is displaced from their classification in accordance with the procedures provided in paragraphs (A) and (B) of this Section shall be allowed to bump to a classification at the same salary level or to a classification at the next lower salary level provided the classification to which they bump is one in which they have previously served in a regular, probationary or part-time status and where their original date of appointment to said classification, as defined in Section 8 of the Personnel Rules and Regulations, predates that of at least one employee presently serving therein.

As an exception to the foregoing, an employee may bump into a classification in which they have previously served and where their original date of appointment to that classification predates that of at least one employee presently serving therein and where said classification carries a higher salary level only if such higher salary level resulted solely from the application of an equity salary adjustment.

1. Bumping rights afforded an employee pursuant to this Section shall include access to those classifications in which they have previously served but which may since have been re-titled but where, as determined by the EmployerMESA, no substantive changes have been made in the duties or qualifications for the classification(s) in question. Such determination by the EmployerMESA shall be subject to the grievance procedure of this Memorandum of Understanding.

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2. Prior to employees being laid off the EmployerMESA shall post an official bulletin board and provide the Union with status registers for all affected classifications within the representation unit. Said lists shall include the names of all present employees who have held these classifications and their appointment dates thereto.

3. An employee eligible to bump into another classification pursuant to this paragraph C shall have five (5) work days after notice of assignment by the City Manager to a position in that classification in which to accept such assignment. If the affected employee fails to accept such assignment within said five (5) work day period, they shall be laid off. An employee so assigned shall be placed at a salary step in the range for the classification to which they bump closest to the employee's former rate of pay but which does not exceed the salary step held by the employee in the classification from which the employee was displaced.

4. In the event an employee bumps to an occupied or vacant position that is "flexibly" staffed as reflected in the Positions and Salaries Resolution, assignment to said position shall be at the level at which the position is staffed at the time of layoff.

D. When employees are scheduled for layoff by the EmployerMESA, the affected employee and the Union will be given at least thirty (30) calendar days notice, except in an emergency. For the purposes of this section only, an emergency is defined as, but not limited to: earthquakes, fire, floods, terrorism, nuclear /radiological incidents, hazardous material incidents, disease, civil disturbances or any other emergency requiring a coordinated multi-agency response. The EmployerMESA shall attempt, in so far as is possible, to accomplish any contemplated reduction in personnel by attrition rather than by layoff.

E. In the event employees are scheduled to be laid off, other employees with greater length of service within the same classification may elect to be laid off in lieu of those employees scheduled for such layoff.

12.2 Rights of Return
As position vacancies occur, employees on layoff and those occupying positions to which they have bumped shall be afforded return rights in the order of their length of service in the classification(s) in which such vacancies occur.

A. An employee shall have ten (10) work days from the mailing by certified mail of a notice of return to their address of record on file in the Personnel Department to indicate acceptance of such return and their agreement to report for work as specified in the notice.

B. Employees in layoff status shall retain all credited sick leave earned but unused at the time of layoff. An employee on layoff shall not earn vacation leave credit while in layoff status. Upon an employee's return from layoff the employee shall be credited with proportionate vacation leave for the balance of the calendar year. The amount of such credit shall be based upon their continuous uninterrupted service with the MESA including time spent in layoff status. Use of vacation leave so credited shall be subject to the provisions of Section 4.2(a) of this Memorandum of Understanding.

C. Employees who are displaced from their classifications by virtue of layoff shall be placed on a re-employment register for the classification they held at the time the layoff occurred, hereinafter referred to as the "primary" register. They shall also be placed on re-employment registers for classifications previously served in, hereinafter referred to as "secondary" registers. If an employee fails to respond to such notice of return within the prescribed time period or declines to return from layoff to a secondary register DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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classification their name shall be removed from said secondary register and they shall no longer be eligible for recall to that classification. If an employee fails to respond to notice of return within the prescribed time period or declines return to their primary register classification the employee will be considered to have voluntarily resigned their employment with the EmployerMESA.

D. Full-time employees who have bumped to a part-time position, or who have been recalled from layoff to a part-time position, shall be afforded an opportunity to return to full-time status as position openings become available.

E. Employees who request and are granted voluntary demotion to a vacant position in lieu of layoff shall be afforded the same rights of return as employees who have exercised bumping rights.

F. An employee who, lieu of layoff, was transferred to another position within the same classification shall be notified of an opening in their previous position and shall be afforded an opportunity to apply for reinstatement to that position.

12.3 Resignations
Any employee wishing to leave the employ of the EmployerMESA in good standing shall file with the Department Head at least two (2) weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the City Manager through the Personnel Director with a statement by the Department Head as to the resigned employee's service performance. In the case of any adverse comments, the employee shall be notified in writing and shall be given the opportunity to respond in writing.

Failure of the employee to submit their written resignation as provided herein shall be entered on the service record of the employee and may be cause for denying future employment by the EmployerMESA.

12.4 Non-Discrimination in Workforce Reduction.

Layoffs and demotions resulting there from shall be made without regard to an employee's race, color, creed, political beliefs, national origin, religion, sex, age, sexual orientation, or physical or mental handicap to the extent required by law.

12.5 Alternatives to Layoffs
In the interests of employees who may be adversely affected by a general layoff, arising from the need to reduce the work force, the EmployerMESA will first solicit volunteers for alternative measures such as, but not limited to, early retirement, demotion, job-sharing, reduced work hours and the like in order to reduce the impact of layoffs on employees.

Section 13 - Miscellaneous

13.1 Education and Training
Employees shall be eligible for reimbursement of tuition and textbook expenses for training that is required by the EmployerMESA or for training which is mutually acceptable by the employee and the EmployerMESA. Training that the City may determine it will not require but for which the City may, in its discretion, authorize reimbursement under this section includes, but is not limited to, courses or training programs related to:
(a) improving the employee’s basic skills (e.g. reading, writing, basic mathematics, problem solving, error reduction, etc.);
(b) improving the employee’s knowledge and skills needed to better perform the duties DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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of their current position; or
(c) building on the employee’s existing knowledge and skill base to prepare the employee for possible advancement or lateral job transitions within the City that are logically connected to the employee’s present position.

Nothing in this section is intended to diminish the employee’s opportunity to apply for alternative career training support pursuant to the City’s general personnel policies.

All Police Communications Dispatchers who have obtained a POST Dispatcher Intermediate Certificate shall receive an additional sum per month equal to two percent (2%) of salary.

All Police Communications Dispatchers who have obtained a Dispatcher Advanced Certificate shall receive an additional sum per month equal to three percent (3%) of salary.

13.2 Negotiations Process
The EmployerMESA will allow release time for three (3) employees of the Union's choosing for the purposes of meeting and conferring on the negotiation of this Memorandum of Understanding, consistent with the continued function of the EmployerMESA.

13.3 City Participation in CALPERS - Payment of Employee's PERS Contributions A. The City will provide for the participation of employees in the California Public Employees’ Retirement System (“PERS”) under the PERS Miscellaneous Employee 2% @ 55 (single highest year of compensation earnable and Level III Survivor Benefits plan) retirement formula plan for eligible employees hired before January 1, 2012.

B. Employee hired on or after January 1, 2012, will be enrolled in the 2 @ 60 retirement formula plan (average of highest three years compensation earnable and Level III Survivor Benefits plan).

C. Employees enrolled in the above plans (2% @55 and 2% @ 60) shall contribute to PERS each pay period seven percent (7%) of “PERSable” compensation toward the PERS employee contribution rate.

D. Effective January 1, 2013, newly hired employees that are considered “new members” in accordance with the Public Employee Pension Reform Act (PEPRA) will be enrolled under the PERS Miscellaneous Employee 2% @ 62 retirement formula plan (average of highest three years compensation earnable and Level III Survivor Benefits plan), in accordance with applicable law and PEPRA. Employees enrolled in the 2% @ 62 shall contribute to the PERS each pay period one half the normal cost, which (as of 7/1/16) is six and a half percent (6.5%) of “PERSable” compensation toward the PERS employee contribution rate.

13.4 Use of Personal Autos for EmployerMESA Business
Employees who are authorized by their Department Head to drive their personal automobile in the performance of official EmployerMESA business, shall be reimbursed for each mile so driven at the Internal Revenue Service published permissible mileage rate. The employee involved shall maintain accurate records of miles driven on official EmployerMESA business and submit same to their Department Head for reimbursement.

Section 14 - Health and Welfare

14.1 Medical Benefits
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The MESA Employer shall continue to contract with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical benefits for eligible active employees, eligible retired employees and eligible survivors of retired employees.

The City’s contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA). The City's mandatory contributions shall be adjusted annually by the CalPERS board to reflect any change in the medical care component of the Consumer Price Index and rounded to the nearest dollar.

For the purpose of this section, a dependent is defined as a person who satisfies the definition of dependent in the CalPERS medical plan in which the employee is enrolled. Such dependents must also be enrolled in and covered by the plan. The eligible employee, retiree, or survivor shall be responsible for making any additional contributions needed to pay for this benefit as agreed upon in this Pay and Benefits Plan.

CalPERS may change carriers and plans; the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in this section so long as the City contracts for benefits with CalPERS for medical insurance benefits.

14.2 Section 125 Cafeteria Plan.

The Employer shall provide a contribution to the Section 125 Cafeteria Plan for each full-time active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the Employer.

The Employer Contribution. The Employer shall provide a contribution to the flexible benefits plan (Section 125 Cafeteria Plan) for each full-time active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the Employer.

Effective calendar year 2024, the Employer will pay 90% of the selected plan premium, which includes the minimum contribution amount required by Government Code Section 22892.

Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).

Additional Employee Contributions. The employee will pay 10% of the selected plan premium which shall be withheld from the employee's salary by the Employer on a pretax basis.

14.3 Medical In-Lieu/Alternate Benefit.

Employees shall be allowed an opportunity to select certain options as alternatives to those benefits listed in Section 5 of this Memorandum of Understanding under the following terms.

Eligibility for receipt of alternative benefits is restricted to those employees for whom no Employer contribution is made towards premiums for group medical insurance because of coverage said employees have from a source other than the Employer. Written proof of said coverage is required by the Employer.

Employer Contribution. The Employer shall contribute ninety percent (90%) of the Kaiser - Region 1, single party premium per month for alternate benefits for eligible full-time employees who select medical-in-lieu/alternate benefits.

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Available Benefits. Contributions made by the Employer may be applied by the employee to one or both of the following options:

1. A supplement to the employee's monthly salary. State and Federal taxes will be withheld on any monies applied to this option.

2. Contribution to the Deferred Compensation Plan currently in effect for represented employees, as governed by IRS regulations, must be made on an after-tax contribution basis.

The Employer MESA shall pay directly to PERS one hundred and twenty-five dollars ($125) beginning January 1, 2016 on behalf of each eligible full-time active employee who subscribes for coverage in a PERS Medical plan. The City’s contribution shall increase each year to the extent required by Government Code Section 22892.

These increased City contributions rates shall remain in effect only as long as required by law.

For the purpose of this section, a dependent is defined as a person who satisfies the definition of dependent in the PERS medical plan in which the employee is enrolled. Such dependents must also be enrolled in and covered by the plan. The eligible employee, retiree, or survivor shall be responsible for making any additional contributions needed to pay for this benefit as agreed upon in this MOU.

14.214.4 Dental Benefits
The Employer shall pay the full cost of coverage for employee and eligible dependent up to the family level under the Delta Dental Plan.

The EmployerMESA shall purchase dental insurance coverage for employees and their eligible dependents (including domestic partners). The EmployerMESA's contribution towards the purchase of this insurance shall not exceed the following amounts per employee per month, nor shall the EmployerMESA's contribution towards the purchase of this insurance exceed 100% of the appropriate premium for the dental plan in which such eligible employee is enrolled:

Employee Only $ 56.14
Employee + One Dependent 88.40
Employee + Two or more Dependents 129.86
Dental premium rate increases are governed by the provisions of Section 14.5.A. below.

The EmployerMESA reserves the right to provide dental care benefits under a plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing dental care benefits for employees; or through a program of self-insurance. The EmployerMESA shall offer to meet and confer with the Union regarding such alternate coverage prior to the effective date of such alternate coverage.

14.314.5 Vision Care
The Employer shall pay the full cost of coverage for employee and eligible dependent up to the family level under the Vision Service Plan (VSP).

The EmployerMESA shall continue to provide vision care for employees and their eligible dependents (including domestic partners) only under Vision Service Plan (VSP), with a Twenty-five Dollar ($25.00) deductible. The EmployerMESA's contribution towards the purchase of this insurance shall not exceed the following amounts per employee per month, nor shall the EmployerMESA's contribution toward the purchase of this insurance exceed 100% of the appropriate premium:

Commented [LN2]: Replaced with the PEMHCA
language above so as not to have to update each year. In 2024, PEMHCA is $157 for 2024
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Employee Only $ 23.04
Employee + One Dependent 23.04
Employee + Two or more Dependents 23.04
Vision premium increases are governed by the provisions of Section 14.85.A below.

The MESA reserves the right to provide vision care benefits under a plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing vision care benefits for employees; or through a program of self-insurance. The MESA shall offer to meet and confer with the Union regarding such alternate coverage prior to the effective date of such alternate coverage.

14.414.6 Life Insurance
The EmployerMESA shall pay the entire cost of providing each regular full-time and permanent part- time, and probationary full-time employee with group term life insurance equal to the individual employee's annual salary, to a maximum or of Ffifty Tthousand Ddollars ($50,000), whichever is greater, rounded to the nearest one-thousand-dollar ($1,000) increment. .

Such policy to include accidental death and dismemberment coverage, and the right to conversion at the time of termination of employment to a form of permanent coverage without medical restrictions to the extent allowable by the insurance carrier and the law. The payment for such converted coverage shall be the responsibility of the individual electing such coverage.

Should the IRS increase the non-taxable insurance amount beyond $50,000, then maximum level of insurance coverage may be increased to that limit which is non-taxable under the IRS codes and regulations. In any event the MESA Employer will not provide life insurance beyond the amount of the employee's annual salary.

14.7 Flexible BenefitsSpending (FSA) and Dependent Care (DCAP) Accounts The Employer agrees to allow employees to designate a specific amount of salary, consistent with applicable public law, to be redirected each month to pay for Health Care and Dependent care costs on a pre-tax basis. The Employer will reimburse such employee on a monthly basis for health care and dependent care from such redirected funds, upon presentation to the designated third-party administrator of a claim and receipt for services rendered. Any unused funds will be administered in accordance with applicable Federal law.

Federal law limits the circumstances under which an employee may elect benefits and change an election under the Flexible Benefits Plan.

The Employer shall provide a contribution to the flexible benefits plan (Section Cafeteria 125 plan) for each full-time active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the Employer.

The Employer Contribution. The Employer will pay 90% of the selected plan premium, which includes the minimum contribution amount required by Government Code Section 22892.

Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).

14.5 Additional Employee Contributions. The employee will pay 10% of the selected plan premium which shall be withheld from the employee's salary by the Employer on a pretax basis.

A. Premium Contribution Account. The EmployerMESA shall establish a Flexible Benefits Account for each full-time active employee in regular or probationary status enrolled in one of the PERS medical insurance plans offered by the EmployerMESA.

1. The MESA Contribution. In the event the amount specified in Section 14.1, 14.2, Formatted: No underline, Not Expanded by /
Condensed by
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+ 0.76"
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and 14.3 are insufficient to pay 100% of the premiums required of the corresponding benefit plan in which the employee is enrolled, the EmployerMESA shall make such supplement al payment into the employee's Flexible Benefit Account as is necessary to equal one hundred percent (100%) of the premium of the medical, dental and vision coverage in which the employee is enrolled for their coverage level, up to a maximum monthly premium for medical, dental and vision of:

Medical Effective 1/1/16
Employee Only $661.82
Employee + One Dependent $1,323.64
Employee + Two or more Dependents $1,720.75
In the event that there are any premium rate increases for the medical plan in excess of the above stated amounts, the EmployerMESA agrees to pay 80% of the announced increase in the Kaiser Bay Area premiums, at each respective level, which take effect on January 1, 2017, January 1, 2018 and January 1, 2019.

Permanent Part Time Employees. Represented employees working less than full- time are eligible for EmployerMESA-sponsored health care benefits in accordance with the below tiers:
(a) Tier I – Represented regular part-time employees who are regularly scheduled to work thirty (30) hours or more hours a week but less than fulltime (35 or 40 hours, depending on assigned work schedule) will be eligible for health care benefits and flexible benefit contributions on the same basis as regular full-time employees.
(b) Tier II - Represented regular part-time employees who are regularly scheduled to work at least twenty (20) but less than thirty (30) hours per week will be eligible for the Employer-sponsored health care benefits with the Employer paying flexible benefit contributions up to a maximum of seventyfive percent (75%) of the premium charged for the plan in which the employee is enrolled, up to a maximum of seventy-five percent (75%) of the Bay Area Kaiser premium at the applicable level of plan enrollment (i.e., one party, two party, or family). The balance of the required premium will be paid by the employee by payroll deduction.

Dental Vision
Employee Only $ 56.14 $23.04
Employee + One Dependent 88.40 23.04
Employee + Two or more Dependents 129.86 23.04
If there are any premium rate increases for the dental and vision plans amounts, during the term of this agreement, at the request of the EmployerMESA/City, the parties will re-open negotiations. Such re-opener negotiations shall be limited to the discussion of how such increase(s) will be shared between the EmployerMESA/City and the employee. Absent an agreement between the parties, the above contributions for dental and vision benefits will remain in effect.

2. Additional Employee Contributions. In the event an employee enrolls in a medical plan for which the premium exceeds the EmployerMESA’s contribution for medical insurance and Flexible Benefits as provided herein, such additional sum shall be withheld from the employee’s salary by EmployerMESA on a pre-tax basis.

Health Care and Dependent Care Spending Accounts. The Employer MESA agrees to allow employees to designate a specific amount of salary, consistent with applicable public law, to be redirected each DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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month to pay for Health Care and Dependent care costs on a pre-tax basis. The Employer MESA will reimburse such employee on a monthly basis for health care and dependent care from such redirected funds, upon presentation to the designated third party administrator of a claim and receipt for services rendered. Any unused funds will be administered in accordance with applicable Federal law.

C. Changing Elections. Federal law limits the circumstances under which an employee may elect benefits and change an election under the Flexible Benefits Plan.

1. Premium Contribution Account. Unless the individual employee notifies the Director of Finance in writing prior to May 30 each year, that they elect to have their Flexible Benefits paid into the Deferred Compensation Program, it will automatically be used to pay premium changes for the elected medical insurance program.

Each employee shall be responsible for providing immediate written notification to the Human Resources Director of any change to the number of their eligible dependents (as defined by the summary plan documents) which affects the amount of the MESA's payment to the Flexible Benefits Account. Changes to Flexible Benefit payments required because of a change in an employee's number of eligible dependents shall take effect at the start of the first pay period in the month next following the month in which advice from the employee is received by the Human Resources Director. No retroactive increases to the MESA's payment shall be allowed.

2. Health Care and Dependent Care Spending Accounts. To elect to redirect funds into the Health Care and Dependent Care Spending Accounts, the individual employee must obtain and complete an election form and provide it to the Human Resources Director in accordance with MESA’s procedures, but no later than November 30 each year for the plan year beginning January 1. The prior year election will not be renewed. If the employee makes no election prior to November 30, then the employee will be deemed not to participate in the Health Care and Dependent Care Spending Accounts.

Each employee shall be responsible for providing written notification to the Human Resources Director of any change in health care or dependent care status within 30 days of the change which affects the amount of the MESA’s payment to the Flexible Benefits Account, if any. Changes to Flexible Benefit payments required because of a qualifying change in status shall take effect at the start of the first pay period in the month next following the month in which advice from the employee is received by the Human Resources Director. No retroactive increases to the MESA’s payment shall be allowed. A qualifying change in status includes changes as permitted under the MESA Flexible Benefit Plan in accordance with IRS Regulations.

3. The MESA Allowance. The monies in an employee's Flexible Benefits and Health Care and Dependent Care Spending Accounts allocated by MESA shall be used for one of the following purposes only: (a) payment of premium charges for the PERS medical insurance program, the dental plan, and the vision plan in which the employee is enrolled; or (b) payments to an established Health Care and Dependent Care spending account plan.

14.6 Alternate Benefit
Employees shall be allowed an opportunity to select certain options as alternatives to those benefits listed in Section 14.15 of this Memorandum of Understanding under the following terms.

Formatted: Font: 10 pt
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numbering
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Eligibility. Eligibility for receipt of alternative benefits is restricted to those employees for whom no MESA contribution is made towards premiums for group hospital-medical-surgical insurance because of coverage said employees have from a source other than the MESA. Written proof of said coverage is required by the MESA.

MESA Contribution. The MESA shall contribute one-half (1/2) of the MESA-paid Kaiser Bay Area twoparty premium cap per month for alternate benefits for eligible full-time and Tier I permanent part-time employees who select alternate benefits. For Tier II permanent part-time represented employees, the Employer shall contribute one- third (1/3) of the Employer-paid Kaiser Bay Area two-party premium cap per month for alternate benefits.

1. Available Benefits. Contributions made by the MESA may be applied by the employee to one or both of the following options:

C. A supplement to the employee's monthly salary. State and Federal taxes will be withheld on any monies applied to this option.

1. Contribution to the Deferred Compensation Plan currently in effect for MESA employees, as governed by IRS regulations, must be made on an after tax contribution basis.

14.714.8 Reservation of Rights
The Employer MESA reserves the right to provide medical, dental or vision care benefits under a program other than that offered through the CalPERSPERS or other existing benefit arrangements at any time during the term of this Memorandum of Understanding. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing medical, dental or vision care benefits for employees; or through a program of self-insurance. or through benefit plan options created pursuant to the Patient Protection and Affordable Care Act of 2010.

The MESA City shall offer to meet with the Union to discuss the impact of such alternative coverage before the effective date of such coverage.

14.814.9 Health Care Legislation
If either the State of California or the federal government produces legislation that requires a change in the benefits provided under this MOU, or imposes an employee or an employer contribution requirement toward the cost of such benefits, EmployerMESA shall have the right to adjust its contributions so that its total contribution is no greater than is required under this MOU and shall have a duty to provide any benefits lost through such legislation through a supplemental health plan. If the cost of such additional benefits exceed the total EmployerMESA contribution required by this MOU, the Parties will reopen negotiations for the purpose of determining an alternative plan design which conforms with the legislation and any necessary adjustments in contribution levels for both EmployerMESA and the employees covered hereunder.

14.914.10 Retired Employees
The EmployerMESA shall contribute $16.00 each month on behalf of each eligible retired employee. Employees who retired prior to January 1, 1981 are eligible for medical benefits only.

Employees who retired between January 1, 1981 and January 1, 1984 inclusive are eligible for Medical and Dental benefits only. Employees who retire subsequent to January 1, 1984 are eligible for maximum medical, dental and vision care benefits in the amounts below:

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Medical Dental Vision
Retiree $16.00 $20.00 $ 5.00
Retiree + One Dependent 16.00 35.00 8.68
Retiree + Two or more Dependents 16.00 46.06 8.68
As required by Government Code Section 22892, the City’s contribution toward medical benefits only shall increase as follows:
$125.00 per month for calendar year 2016.

These increased City contributions rates shall remain in effect only as long as required by law.

Retired employees who qualify for the Federal Government Medicare Benefits are eligible for Medicare Supplemental coverage only and may not elect any other medical insurance benefit.

They remain eligible for dental and vision care benefits as provided herein.

14.1014.11 Retiree Supplement Account
The EmployerMESA shall establish a Retiree Supplement Benefit Account on behalf of each retiree with eleven (11) or more years of service. The combination of the EmployerMESA’s minimum employer contribution and Retiree Supplemental Benefit Account shall not exceed the follows:

Medical Dental Vision
Retiree $153.00 $20.00 $ 5.00
Retiree + One Dependent 286.00 35.00 8.68
Retiree + Two or more Dependents 363.00 46.06 8.68
Additionally, in order to be eligible for this benefit, the employee's effective date of retirement must occur within one hundred twenty (120) days of the effective date of their separation from employment with the EmployerMESA and they must be enrolled in a medical, dental and vision care plan offered by the MESA. The surviving spouse of a retired employee who qualifies to receive these benefits is also entitled to receive the benefits in the event (a) they were designated by the employee prior to the employee's retirement, to receive a survivor benefit under the Public Employees' Retirement System (PERS) plan, and (b) they are receiving said survivor benefit, and (c) they are a member of a medical, dental and vision plan offered by the EmployerMESA of Emeryville. In the event a retired employee has designated more than one survivor who satisfy the above criteria, benefit payments made pursuant to this Section shall not exceed the monthly amount recited above for all such eligible survivors of the employee.

Eligible employees are those who retire from the EmployerMESA for service or disability and who have been employed continuously by the EmployerMESA.

14.1114.12 Long Term Disability
The EmployerMESA shall provide and maintain a Long Term Disability plan for all full-time active employees. The premium for such plan shall be paid by the EmployerMESA.

14.1214.13 Health and Wellness
a. Employees shall receive a 15% discount on all current City facilities and current service fees including, but not limited to, childcare services provided by ECDC; facilities, programs and classes provided by the Community Services Department; the Senior Center; and rental facilities.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
34 Formatted: Indent: Left: 0"
b. The EmployerMESA and SEIU representatives shall participate in a city-wide joint labormanagement committee to discuss health and wellness programs for employees. Meetings will be held at mutually agreed upon times and places. Up to two employees may be released from scheduled duty to attend meetings of the committee.

Section 15 Salary

15.1 Rates in AppendixCost of Living Adjustments (COLA) Effective the first full pay period following City Council approval of this agreement, all classifications in the bargaining unit shall receive a salary increase of three and a half percent (3.5%). In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three and a half percent (3.5%) salary increase for the period of July 1, 2023 through the implementation of the three and a half percent (3.5%) salary increase referenced above.

Effective the first full pay period in July 2024 all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).

Effective the first full pay period in July 2025, all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).

15.2 Market Adjustment: Effective the first full pay period following City Council approval of this agreement, the following classifications in the bargaining unit shall receive a concurrent (i.e., noncompounding with the salary increase above) market adjustment to median, over 2 years, as follows:

Code Job Classification
City Proposed
Market Adjustment Year 1 Year 2
1242 Police Communications Dispatcher 11.7% 5.8% 5.8%
1370 Public Works Maintenance Worker 7.4% 3.7% 3.7%
1390 Public Works Crew Leader 7.4% 3.7% 3.7%
1595 Recreation Assistant 2.4% 1.2% 1.2%
1605 Program Coordinator 2.4% 1.2% 1.2%
1234 Police Evidence Technician 1% 0.5% 0.5%
1241 Police Records Specialist 1% 0.5% 0.5%
1321 Engineer, Senior Civil 13% 6.5% 6.5%
1537 Sr. Building Inspector 11 % 5.5% 5.5%
*1325 Environmental Programs Analyst 3.7% 3.745% -
*City agrees to align Environmental Programs Analyst with Administrative Analyst.

In addition, the City will provide bargaining unit employes employed on the date of payment a one-time lump sum payment equivalent to the value of the market adjustment increase for the period of July 1, 2023 through the implementation of market adjustment year 1 referenced above.

15.3 Recruitment and Retention Adjustments
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
35 Formatted: Indent: Left: 0"
Effective the first full pay period following City Council approval of this agreement, all classifications in the bargaining unit shall receive a recruitment/retention market adjustment increase of one and a half percent (1.5%).

In addition to the increase, the City will provide bargaining unit employes employed on the date of payment a one-time lump sum payment equivalent to the value of a one percent (1.5%) salary increase (including all premium pays and overtime) for the period of July 1, 2023, through the implementation of the one and a half percent (1.5%) recruitment/retention market adjustment increase referenced above.

Effective the first full pay period in July 2024 all classifications in the bargaining unit shall receive a recruitment/retention market adjustment of one and a half percent (1.5%). Effective the first full pay period in July 2025, all classifications in the bargaining unit shall receive a recruitment/retention market adjustment of one and a half percent (1.5%).

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; and by three percent (3%) on the first day of the first pay period beginning on or after July 1, 2020.

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 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.

15.4 Police Communications Dispatcher - Training Differential Employees in the classification of Police Communications Dispatcher, who are assigned in writing by the Department Head to train new employees as a "public safety dispatcher", shall be compensated with a premium pay in the amount of six percent (6%).

A. The premium pay is applied to the employee's current base salary step only. There shall be no "pyramiding" of such premium pay, except that this provision shall be in accordance with the provisions of the Federal Fair Labor Standards Act.

B. Parties agree that the application of this premium pay is not precedent setting and does not relieve any employee in the Representation Unit from assisting in the task of training new employees. This additional compensation to a Police Communications Dispatcher assigned by the Department Head to train a new employee in the duties of a public safety agency dispatcher reflects the complexity and scope of such duties.

C. The Employer MESA agrees that employees are entitled to periodic and timely Performance Evaluations which outline performance and progress in their classification.

Accordingly, the parties agree that the Employer MESA may elect to require a Police Communication Dispatcher acting in the capacity of a trainer to prepare a performance evaluation report on the work of the dispatcher trainee under their direction; such reports will satisfy the performance evaluations required by Section 7.3(a) of this Memorandum of Understanding for probationary employees.

Section 16. Uniform Allowance

16.1 Public Works Maintenance
Formatted: Indent: Left: 0", Right: 0"
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
36 Formatted: Indent: Left: 0"
Public Works Maintenance personnel, initially appointed to the position three hundred twentyfive dollars ($325.00) per person per year allowance for the purchase of a uniform and two hundred seventy-five dollars ($275.00) per year for the purchase of safety shoes. Thereafter on the first pay period in October and March of each year, Public Works Maintenance personnel shall receive three hundred twenty-five dollars ($325.00) and two hundred seventy-five dollars ($275.00) respectively for purchase of uniforms and shoes.

16.2 Police Classifications – Uniform Allowance
The MESA Employer will provide represented employees in the Police Department, initially appointed to their position a four hundred twenty-five dollar ($425.00) allowance for the purchase of required articles of uniform. Thereafter on the first pay check in October and March of each year, each represented employee in the Police Department shall receive a uniform maintenance allowance of four hundred seventy-five dollars ($475.00.) Represented employees in the Police Department are eligible for uniform replacement as per Department policy.

16.3 The City shall provide, and Building Inspectors and Senior Building Inspectors shall wear, safety shoes required by Cal OSHA and any other safety equipment required by CAL OSHA regulations of individuals that inspect construction sites. The City shall provide Recreation Assistants and Program Coordinators in Recreation with not less than two (2) pair of work pants, two (2) work shirts and one (1) sweatshirt each fiscal year beginning July 1, 2009. In addition the City shall provide Teachers and Program Coordinators in the Child Development Center with one (1) work jacket and two (2) work smocks each fiscal year beginning July 1, 2009.

Section 17 - Holidays

17.1 The following holidays shall be observed by the MESA Employer with respect to all covered employees:

1. New Year’s Day (January 1)

2. Martin Luther King Jr. Birthday (3rd Monday in January)

3. Washington's Birthday (3rd Monday in February)

4. Memorial Day (Last Monday in May)

4.5. Juneteenth (June 19)

5.6. Independence Day (July 4)

6.7. Labor Day (1st Monday in September)

7.8. Indigenous Peoples’ Day (2nd Monday in October)

8.9. Veterans Day (November 11)

9.10. Thanksgiving Day (4th Thursday in November)

10.11. Day after Thanksgiving (4th Friday in November)

11.12. Christmas Day (December 25)

12. Floating Holiday

13. Floating Holiday

14. Floating Holiday

17.2 If any holiday falls on a Saturday, the preceding Friday shall be observed as the holiday; and if a holiday falls on a Sunday, the following Monday shall be observed as the holiday.

17.3 If a holiday occurs on the Police Department employee's first normal day off, the employee shall be compensated for 8 hours of holiday pay at the straight-time hourly rate of payshall take the preceding day as the holiday; if however, the holiday occurs on the employee's second consecutive normal day off, the employee shall take the following day as the holiday. If the City determines that, due to operational needs, the foregoing requirements cannot be met, the employee and department head may agree to a substitute day off within thirty (30) days of the day on which the holiday would have otherwise been observed.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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17.4 An employee who works on a holiday observed by the MESA Employer shall be compensated for such holiday at the rate of time and one-half (1-1/2) the straight-time hourly rate in addition to regular holiday pay.

In this instance the employee may at the approval of their supervisor elect to have any portion of the compensation for holidays worked credited as compensation time.

Police Communications Dispatchers who are assigned to work on Juneteenth, Independence Day, Christmas and New Year’s Day, the holidays are observed on the actual date of the holiday.

17.5 Floating Holidays. For fiscal year 2023-2024, bargainingEligible unit employees shall be granted three (3) floating holidays each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year and.

Bargaining unit employees shall be granted one (1) additional floating holiday each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year. This additional floating holiday may only be used on the day before the Thanksgiving, Christmas Eve or New Year’s Eve holidays and may be taken in ½ day increments prorated based on the number of hours in the employee’s normal work week.

Effective fiscal year 2024-2025, bargaining unit employees shall be granted four (4) floating holiday each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year.

For employees at ECDC:

1. Members of SEIU who are regularly assigned to the Emeryville Child Development Center (ECDC) (the “Affected Employees”) will work on Veteran’s Day and Indigenous People’s Day, and shall instead receive December 24th and December 26th off as observed holidays.

2. If December 24th and/or December 26th falls on a Saturday, the Affected Employee shall observe the holiday on the preceding Friday. If December 24th and/or December 26th falls on a Sunday, the Affected Employee shall observe the following Monday as the holiday.

3. In addition, affected employees must use one of their four floating holidays on New Year’s Eve on which day the City may close the ECDC. In years in which New Year’s Eve falls on a Saturday or Sunday, employees will be allowed to retain and use a floating holiday in the same manner as other floating holidays.

Section 18 - Child Safety and Protection

18.1 Child Development Center Labor Management Committee A committee consisting of three persons each from the MESA Employer and the Union shall be established to meet at mutually agreeable times to discuss the following issues in Child Development:
- Staff schedules including working hours, lunch breaks, and staff meeting schedules - Training and development, including mandatory and optional training and educational programs
- Other issues that the committee agrees are appropriate for discussion and resolution

18.2 Child Safety
The parties are committed to child safety and have zero tolerance for child abuse or endangerment. For represented employees in any department who work or interact with minors DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
38 Formatted: Indent: Left: 0"
or children as part of their job duties, any instance of observed, reported or reasonably suspected abuse, endangerment or mistreatment of a child or minor shall result in an investigation during which the employee may be placed on temporary leave with pay. Employees who harm, endanger or otherwise mistreat a child of any age will be subject to disciplinary action up to and including discharge from employment.

Represented employees who work or interact with minors or children shall not abuse children, including, but not limited to, the following:
(a) physical abuse—striking, spanking, shaking, slapping; (b) verbal abuse—humiliating, degrading;
(c) sexual abuse—inappropriate touching or verbal exchange; (d) mental abuse—shaming, withholding care, cruelty, threatening; (e) neglect—withholding food, water, basic care, etc.

No type of abuse will be tolerated; and abusive behavior shall be cause for immediate dismissal.

18.3 Mandated Reporting
All employees are expected to comply with Administrative Instruction 1132 Mandated Reporting. Any employee subject to the mandatory report requirement of the California Penal Code, Section 11166.5 reasonably suspects that a child, 18 years or younger, has received a physical injury or injuries which appear to have been inflicted other than accidental means by any person, or that they have been sexually abused, such fact will be reported immediately by the observer by telephone and in writing immediately but in no case longer than thirty-six (36) hours to Child Protective Services (CPS) or the police department in the city of the incident.

If an Employee suspects or has knowledge of child abuse based upon behaviors, physical symptoms or signs, the Employee is required by law to report this immediately to Child Protective Services. Employees are also to report any suspicion of child abuse immediately by sending an “Unusual Incident Report” to Community Care Licensing, as required, with a copy to their direct supervisor. If the direct supervisor is not on duty, the Employee will follow the chain of command up to the next available manager.

In cases where Employees are accused of child abuse the individual will be suspended with DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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pay pending investigation.

Section 19 - Employee Assistance Program
In the event an employee is admitted to the Employee Assistance Program, and at the time of such entry has disciplinary action pending which is related to the cause for entry into the Employee Assistance Program, said disciplinary action shall be held in abeyance during the period the employee is satisfactorily participating in the Program. Upon successful completion of the Program, such disciplinary action will be canceled. The provisions of this Section shall be applicable only on the first occasion an employee is admitted to the Employee Assistance program and shall not apply in the event an employee completes or drops out of the Program and applies for re-admittance.

Section 20 - Concerted Activities
The Union, its members and representatives agree that it and they will not engage in or authorize any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties because of any dispute arising during the term of this Memorandum of Understanding; and neither the Union nor any representative thereof shall engage in job action for the purpose of effecting changes of personnel or operations of management or of employees not covered by this Memorandum of Understanding.

Section 21 - Management Rights and Responsibilities

21.1 The Union recognizes and agrees that the Employer MESA retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of California and of the United States, limited only by Sections of this Agreement.

21.2 The Union recognizes and the Employer MESA agrees that the exercise of the foregoing powers, rights, authority, duties and responsibilities by the adoption of policies, rules, regulations, and practices in furtherance thereof; and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance to the Constitution and laws of the State of California and of the United States.

21.3 The Union recognizes and agrees that the Employer’sMESA's powers, rights, authority, duties, and responsibilities include the exclusive right to manage, plan, organize, staff, direct, and control; to decrease and increase the workforce, to establish and change standards, to determine solely the extent to which the facilities of any department thereof shall be operated and the outside purchase of products, the right to introduce new or improved methods and facilities; and to otherwise take any action desired to run the entire operation efficiently except as modified by this Agreement.

21.4 The Union recognizes and agrees that the EmployerMESA retains its right to amend, modify, or suspend policies and practices referred to in this Agreement in case of emergency. Emergency is to be defined as: An act of God, a natural or man-made disaster, or other dire interruption of the MESA's Employer’s programs. When an emergency is declared the EmployerMESA shall immediately notify and consult with the Union.

Section 22 – Direct Deposit
As a condition of employment, and within one (1) year of the effective date of this Agreement, employees will make the necessary arrangements to have all sums paid pursuant to this Agreement direct deposited into one or more bank accounts as designated by the employee.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
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Section 23 - Severability of Provisions
If any section, clause or provision of this Memorandum of Understanding is declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.

Upon such invalidation the parties agree immediately to meet and negotiate substitute provisions for such parts or provisions rendered or declared illegal or an unfair labor practice. If the parties are unable to agree upon substitute provisions the dispute may, at the request of either the Employer MESA or the Union, be referred to the grievance procedure.

Section 24 - Duration
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, 2021 and shall continue thereafter, from year to year, unless at least thirty (30) days prior to the first day of July, 2021, 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.

Made and entered into this day of , 2024.

FOR EMPLOYER: FOR THE SEIUASSOCIATION:
_______________________________ ___________________________ Gregory Ramirez, Chief Negotiator Ossee Desmangles, Chief Negotiator _______________________________ ___________________________ Lilybell Nakamura, Human Resources Director Navarre Oaks, Interim President Negotiating Team Member Negotiating Team Member
________________________________ ___________________________ Pedro Jimenez, Assistant City Manager Michael Roberts
Negotiating Team Member Negotiating Team Member
___________________________
Jamie Lee
Negotiating Team Member
Approved as to Form:
________________________________
John Kennedy
City Attorney
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
41 Formatted: Indent: Left: 0"
Effective 3/16/2024

JOB CODE JOB CLASSIFICATION A B C D E
Hrs/W
k
1161 ACCOUNTANT 7,639 8,021 8,422 8,844 9,286 35
1160 ACCOUNTANT, SENIOR 8,575 9,006 9,455 9,929
10,42
4 35
1180 ACCOUNTING TECHNICIAN 6,254 6,566 6,894 7,239 7,601 35 1410 ADMINISTRATIVE ANALYST * 7,562 7,940 8,338 8,754 9,192 35 1510 ADMINISTRATIVE SECRETARY 5,710 5,996 6,296 6,611 6,942 35 1501 ASSISTANT PLANNER 6,619 6,950 7,296 7,662 8,045 35 1322 ASSOCIATE CIVIL ENGINEER 9,285 9,749
10,23
6 10,74
8 11,28
4 35
1500 ASSOCIATE PLANNER 8,351 8,769 9,206 9,667
10,15
0 35
1535 BUILDING INSPECTOR 8,264 8,676 9,110 9,564
10,04
2 40
1507 BUILDING PERMIT TECH./PLAN CHECKER 6,860 7,203 7,563 7,941 8,339 35 1453 COMM&ECON DEV COORDR I 7,100 7,454 7,828 8,218 8,630 35 1450 COMM.&ECON. DEV COORDR II 9,064 9,516 9,992
10,49
2 11,01
6 35
1236 COMMUNITY SERVICES OFFICER 6,148 6,455 6,779 7,117 7,474 40 1390 CREW LEADER 7,082 7,436 7,807 8,197 8,608 40
1245 CRIME ANALYST 7,594 7,974 8,373 8,792 9,232 40
1321 ENGINEER, SENIOR CIVIL
10,60
5 11,13
4 11,69
1 12,27
5 12,88
8 35
1325 ENVIRONMENTAL PROGRAMS ANALYST 7,553 7,930 8,328 8,743 9,181 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 5,578 5,857 6,150 6,458 6,780 35 1655 FAMILY SUBSIDY SPECIALIST 5,267 5,529 5,805 6,095 6,401 40 1695 LEAD TEACHER 5,431 5,703 5,987 6,286 6,600 40
1370 MAINTENANCE WORKER-GENERAL 5,961 6,260 6,573 6,902 7,247 40 1710 MEAL HANDLER (Hourly Part-time) 18.44 19.36 20.33 21.35 22.41 hourly 1480 OFFICE ASSISTANT I (Hourly Part-Time) 24.24 25.45 26.72 28.06 29.46 hourly 1470 OFFICE ASSISTANT I * 3,677 3,860 4,053 4,256 4,469 35 1481 OFFICE ASSISTANT II (Hourly Part-Time) 30.40 31.92 33.52 35.19 36.95 hourly 1460 OFFICE ASSISTANT II * 4,612 4,842 5,084 5,338 5,605 35 1190 PAYROLL TECHNICAN 6,577 6,906 7,250 7,614 7,994 35 1505 PLANNING TECHNICIAN 5,924 6,221 6,532 6,860 7,203 35 1232 POLICE ADMINISTRATIVE SPECIALIST 6,455 6,779 7,117 7,474 7,848 40 1242 POLICE COMMUNICATIONS DISPATCHER 7,007 7,357 7,725 8,113 8,518 40 1234 POLICE EVIDENCE TECHNICIAN 6,486 6,811 7,151 7,509 7,885 40 1241 POLICE RECORDS SPECIALIST 6,177 6,486 6,811 7,151 7,509 40 1240 POLICE SERVICES TECHNICIAN 6,148 6,455 6,779 7,117 7,474 40 1605 PROGRAM COORDINATOR 5,753 6,043 6,344 6,661 6,995 40 1595 RECREATION ASSISTANT 5,114 5,371 5,637 5,919 6,215 40 1170 SENIOR ACCOUNTING TECHNICIAN 6,576 6,906 7,250 7,614 7,994 35 1537 SENIOR BUILDING INSPECTOR 9,135 9,593
10,07
1 10,57
4 11,10
3 40
1610 SENIOR CENTER CASE MANAGER 6,715 7,051 7,404 7,773 8,162 40 1503 SENIOR PLANNER 9,243 9,704
10,18
9 10,69
7 11,23
2 35
1665 TEACHER 4,255 4,468 4,690 4,926 5,171 40
1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 18.51 19.44 20.41 - - hourly 1685 TEACHER ASSISTANT 3,209 3,368 3,539 3,715 3,901 40 1675 TEACHER ASSOCIATE 3,539 3,715 3,901 4,096 4,301 40 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 20.41 21.43 22.51 - - hourly DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
42 Formatted: Indent: Left: 0"
Effective 7/1/2024
JOB CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 8,021 8,422 8,843 9,286 9,751 35
1160 ACCOUNTANT, SENIOR 9,004 9,456 9,928 10,425 10,946 35 1180 ACCOUNTING TECHNICIAN 6,566 6,894 7,239 7,601 7,981 35 1410 ADMINISTRATIVE ANALYST * 7,940 8,337 8,755 9,192 9,651 35 1510 ADMINISTRATIVE SECRETARY 5,995 6,295 6,611 6,941 7,289 35 1501 ASSISTANT PLANNER 6,950 7,297 7,661 8,045 8,447 35 1322 ASSOCIATE CIVIL ENGINEER 9,749 10,237 10,748 11,285 11,849 35 1500 ASSOCIATE PLANNER 8,768 9,207 9,667 10,151 10,658 35 1535 BUILDING INSPECTOR 8,677 9,110 9,565 10,043 10,544 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 7,203 7,563 7,941 8,338 8,756 35 1453 COMM&ECON DEV COORDR I 7,455 7,827 8,219 8,629 9,061 35 1450 COMM.&ECON. DEV COORDR II 9,517 9,992 10,491 11,016 11,566 35 1236 COMMUNITY SERVICES OFFICER 6,455 6,778 7,118 7,473 7,848 40 1390 CREW LEADER 7,698 8,083 8,486 8,910 9,357 40
1245 CRIME ANALYST 7,973 8,372 8,791 9,231 9,693 40
1321 ENGINEER, SENIOR CIVIL 11,824 12,415 13,035 13,687 14,370 35 1325 ENVIRONMENTAL PROGRAMS ANALYST 7,931 8,327 8,744 9,180 9,640 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 5,856 6,150 6,457 6,780 7,119 35 1655 FAMILY SUBSIDY SPECIALIST 5,530 5,806 6,096 6,400 6,721 40 1695 LEAD TEACHER 5,702 5,988 6,286 6,601 6,930 40
1370 MAINTENANCE WORKER-GENERAL 6,480 6,805 7,145 7,503 7,878 40 1710 MEAL HANDLER (Hourly Part-time) 19.36 20.33 21.35 22.41 23.53 hourly 1480 OFFICE ASSISTANT I (Hourly Part-Time) 25.45 26.72 28.06 29.46 30.93 hourly 1470 OFFICE ASSISTANT I * 3,861 4,053 4,256 4,468 4,692 35 1481 OFFICE ASSISTANT II (Hourly Part-Time) 31.92 33.52 35.19 36.95 38.80 hourly 1460 OFFICE ASSISTANT II * 4,842 5,084 5,338 5,605 5,885 35 1190 PAYROLL TECHNICAN 6,906 7,251 7,613 7,994 8,393 35 1505 PLANNING TECHNICIAN 6,220 6,532 6,859 7,203 7,563 35 1232 POLICE ADMINISTRATIVE SPECIALIST 6,778 7,118 7,473 7,848 8,240 40 1242 POLICE COMMUNICATIONS DISPATCHER 7,764 8,152 8,559 8,989 9,438 40 1234 POLICE EVIDENCE TECHNICIAN 6,843 7,186 7,544 7,923 8,319 40 1241 POLICE RECORDS SPECIALIST 6,517 6,843 7,186 7,544 7,923 hourly 1240 POLICE SERVICES TECHNICIAN 6,455 6,778 7,118 7,473 7,848 40 1605 PROGRAM COORDINATOR 6,110 6,417 6,738 7,074 7,429 hourly 1595 RECREATION ASSISTANT 5,431 5,704 5,987 6,285 6,600 hourly 1170 SENIOR ACCOUNTING TECHNICIAN 6,905 7,251 7,613 7,994 8,393 35 1537 SENIOR BUILDING INSPECTOR 10,094 10,600 11,128 11,684 12,269 40 1610 SENIOR CENTER CASE MANAGER 7,050 7,403 7,774 8,162 8,570 40 1503 SENIOR PLANNER 9,705 10,189 10,699 11,232 11,793 35 1665 TEACHER 4,467 4,691 4,925 5,172 5,430 40
1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 19.44 20.41 21.43 - - hourly 1685 TEACHER ASSISTANT 3,369 3,537 3,715 3,901 4,096 40 1675 TEACHER ASSOCIATE 3,715 3,901 4,096 4,301 4,516 40 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 21.43 22.50 23.63 - - hourly DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
43 Formatted: Indent: Left: 0"
Effective first full pay period in July 2025
JOB CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 8,422 8,843 9,285 9,751 10,238 35
1160 ACCOUNTANT, SENIOR 9,454 9,929 10,424 10,947 11,493 35 1180 ACCOUNTING TECHNICIAN 6,895 7,239 7,601 7,981 8,380 35 1410 ADMINISTRATIVE ANALYST * 8,337 8,754 9,193 9,651 10,134 35 1510 ADMINISTRATIVE SECRETARY 6,295 6,610 6,941 7,288 7,653 35 1501 ASSISTANT PLANNER 7,298 7,662 8,044 8,447 8,870 35 1322 ASSOCIATE CIVIL ENGINEER 10,237 10,749 11,286 11,849 12,441 35 1500 ASSOCIATE PLANNER 9,207 9,667 10,150 10,658 11,191 35 1535 BUILDING INSPECTOR 9,111 9,565 10,044 10,545 11,072 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 7,563 7,941 8,338 8,755 9,194 35 1453 COMM&ECON DEV COORDR I 7,828 8,218 8,630 9,061 9,515 35 1450 COMM.&ECON. DEV COORDR II 9,993 10,492 11,016 11,567 12,145 35 1236 COMMUNITY SERVICES OFFICER 6,778 7,117 7,474 7,846 8,240 40 1390 CREW LEADER 8,083 8,487 8,910 9,356 9,825 40
1245 CRIME ANALYST 8,372 8,791 9,231 9,693 10,178 40
1321 ENGINEER, SENIOR CIVIL 12,416 13,036 13,687 14,371 15,089 35 1325 ENVIRONMENTAL PROGRAMS ANALYST 8,327 8,743 9,181 9,639 10,122 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 6,149 6,457 6,780 7,119 7,475 35 1655 FAMILY SUBSIDY SPECIALIST 5,807 6,096 6,401 6,720 7,057 40 1695 LEAD TEACHER 5,987 6,287 6,601 6,931 7,277 40
1370 MAINTENANCE WORKER-GENERAL 6,804 7,145 7,502 7,878 8,271 40 1710 MEAL HANDLER (Hourly Part-time) 20.33 21.35 22.41 23.53 24.71 hourly 1480 OFFICE ASSISTANT I (Hourly Part-Time) 26.72 28.06 29.46 30.93 32.48 hourly 1470 OFFICE ASSISTANT I * 4,054 4,255 4,468 4,692 4,927 35 1481 OFFICE ASSISTANT II (Hourly Part-Time) 33.52 35.19 36.95 38.80 40.74 hourly 1460 OFFICE ASSISTANT II * 5,084 5,338 5,605 5,885 6,179 35 1190 PAYROLL TECHNICAN 7,251 7,614 7,993 8,394 8,813 35 1505 PLANNING TECHNICIAN 6,531 6,859 7,202 7,563 7,941 35 1232 POLICE ADMINISTRATIVE SPECIALIST 7,117 7,474 7,846 8,240 8,652 40 1242 POLICE COMMUNICATIONS DISPATCHER 8,152 8,559 8,987 9,438 9,910 40 1234 POLICE EVIDENCE TECHNICIAN 7,185 7,545 7,921 8,319 8,735 40 1241 POLICE RECORDS SPECIALIST 6,843 7,185 7,545 7,921 8,319 40 1240 POLICE SERVICES TECHNICIAN 6,778 7,117 7,474 7,846 8,240 40 1605 PROGRAM COORDINATOR 6,415 6,738 7,075 7,428 7,801 40 1595 RECREATION ASSISTANT 5,702 5,989 6,286 6,600 6,930 40 1170 SENIOR ACCOUNTING TECHNICIAN 7,250 7,614 7,993 8,394 8,813 35 1537 SENIOR BUILDING INSPECTOR 10,599 11,130 11,685 12,268 12,882 40 1610 SENIOR CENTER CASE MANAGER 7,403 7,773 8,162 8,570 8,998 40 1503 SENIOR PLANNER 10,191 10,699 11,234 11,794 12,383 35 1665 TEACHER 4,691 4,926 5,171 5,430 5,701 40
1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 20.41 21.43 22.50 - - hourly 1685 TEACHER ASSISTANT 3,538 3,714 3,901 4,096 4,301 40 1675 TEACHER ASSOCIATE 3,901 4,096 4,301 4,516 4,742 40 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 22.50 23.63 24.81 - - hourly

APPENDIX

BASE MONTHLY SALARY SCHEDULE
Effective July 1, 2019

MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY
LOCAL 1021 BARGAINING UNIT
CLASSIFICATIONS AND SALARIES Effective Date: July 1, 2019 Job Code JOB CLASSIFICATION A B C D E Hrs/Wk Eff.Date
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
44 Formatted: Indent: Left: 0"
1161 ACCOUNTANT 6,724 7,059 7,412 7,784 8,173 35 7/1/2019 1160 ACCOUNTANT, SENIOR 7,548 7,925 8,322 8,738 9,175 35 7/1/2019 1180 ACCOUNTING TECHNICIAN 5,503 5,779 6,068 6,372 6,690 35 7/1/2019 1410 ADMINISTRATIVE ANALYST * 6,655 6,988 7,338 7,705 8,090 35 7/1/2019 1510 ADMINISTRATIVE SECRETARY 5,025 5,277 5,540 5,818 6,109 35 7/1/2019 1705 ASSISTANT COOK 2,315 2,432 2,553 2,680 2,815 40 7/1/2019 1501 ASSISTANT PLANNER 5,825 6,117 6,422 6,743 7,081 35 7/1/2019 1322 ASSOCIATE CIVIL ENGINEER 8,172 8,580 9,009 9,459 9,932 35 7/1/2019 1535 BUILDING INSPECTOR 7,273 7,636 8,017 8,418 8,838 40 7/1/2019 1507 BUILDING PERMIT TECH./PLAN CHECKER 6,037 6,340 6,657 6,989 7,339 35 7/1/2019 1500 ASSOCIATE PLANNER 7,349 7,717 8,103 8,508 8,933 35 7/1/2019 1453 COMM&ECON DEV COORDR I 6,249 6,561 6,889 7,233 7,595 35 7/1/2019 1450 COMM.&ECON. DEV COORDR II 7,977 8,375 8,794 9,234 9,695 35 7/1/2019 1236 COMMUNITY SERVICES OFFICER 5,411 5,682 5,966 6,264 6,578 40 7/1/2019 1700 COOK 2,636 2,767 2,906 3,052 3,204 40 7/1/2019
1390 CREW LEADER 6,021 6,322 6,638 6,969 7,317 40 7/1/2019 1245 CRIME ANALYST 6,683 7,018 7,369 7,738 8,125 40 7/1/2019 1321 ENGINEER, SENIOR CIVIL 8,789 9,227 9,689 10,173 10,682 35 7/1/2019 1325 ENVIRONMENTAL PROGRAMS ANALYST 6,415 6,736 7,073 7,426 7,797 35 7/1/2019 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 4,909 5,155 5,412 5,683 5,967 35 7/1/2019 1655 FAMILY SUBSIDY SPECIALIST 4,635 4,866 5,110 5,365 5,633 40 7/1/2019 1370 MAINTENANCE WORKER-GENERAL 5,069 5,322 5,588 5,868 6,161 40 7/1/2019 1710 MEAL HANDLER (Hourly Part-time) 16.23 17.04 17.89 18.79 19.73 7/1/2019 1470 OFFICE ASSISTANT I * 3,236 3,397 3,567 3,746 3,933 35 7/1/2019 1480 OFFICE ASSISTANT I (Hourly Part-Time) 21.33 22.40 23.52 24.69 25.93 7/1/2019 1460 OFFICE ASSISTANT II * 4,059 4,261 4,475 4,698 4,932 35 7/1/2019 1481 OFFICE ASSISTANT II (Hourly Part-Time) 26.76 28.09 29.50 30.97 32.52 7/1/2019 1190 PAYROLL TECHNICAN 5,788 6,078 6,381 6,701 7,035 35 7/1/2019 1505 PLANNING TECHNICIAN 5,215 5,475 5,750 6,037 6,340 35 7/1/2019 1232 POLICE ADMINISTRATIVE SPECIALIST 5,682 5,966 6,264 6,578 6,907 40 7/1/2019 1242 POLICE COMMUNICATIONS DISPATCHER 5,844 6,136 6,444 6,766 7,105 40 7/1/2019 1234 POLICE EVIDENCE TECHNICIAN 5,682 5,966 6,264 6,578 6,907 40 7/1/2019 1241 POLICE RECORDS SPECIALIST 5,411 5,682 5,966 6,264 6,578 40 7/1/2019 1240 POLICE SERVICES TECHNICIAN 5,411 5,682 5,966 6,264 6,578 40 7/1/2019 1605 PROGRAM COORDINATOR 5,006 5,257 5,521 5,795 6,087 40 7/1/2019 1595 RECREATION ASSISTANT 4,450 4,672 4,905 5,150 5,407 40 7/1/2019 1170 SENIOR ACCOUNTING TECHNICIAN 5,788 6,078 6,381 6,701 7,035 35 7/1/2019 1610 SENIOR CENTER CASE MANAGER 5,910 6,205 6,515 6,841 7,183 40 7/1/2019 1537 SENIOR BUILDING INSPECTOR 7,639 8,021 8,422 8,843 9,285 40 7/1/2019 1503 SENIOR PLANNER 8,135 8,541 8,967 9,415 9,885 35 7/1/2019 1685 TEACHER ASSISTANT 2,824 2,965 3,114 3,270 3,433 40 7/1/2019 1675 TEACHER ASSOCIATE 3,114 3,270 3,433 3,604 3,785 40 7/1/2019 1665 TEACHER 3,745 3,932 4,128 4,334 4,551 40 7/1/2019
1695 LEAD TEACHER 4,779 5,018 5,269 5,533 5,809 40 7/1/2019 1660 TEACHER II 3,496 3,672 3,855 4,048 4,250 40 7/1/2019 1670 TEACHER I 2,637 2,769 2,908 3,053 3,205 40 7/1/2019 1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 16.29 17.11 17.97 - - 7/1/2019 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 17.97 18.86 19.81 - - 7/1/2019 * Positions in the public safety and/or Community Services Departments work a 40 hour/week schedule DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
45 Formatted: Indent: Left: 0"

APPENDIX

BASE MONTHLY SALARY SCHEDULE
Effective July 1, 2020

MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY
LOCAL 1021 BARGAINING UNIT
CLASSIFICATIONS AND SALARIES Effective Date: July 1, 2020 Job Code JOB CLASSIFICATION A B C D E Hrs/Wk Eff.Date
1161 ACCOUNTANT 6,926 7,271 7,634 8,018 8,418 35 7/1/2020 1160 ACCOUNTANT, SENIOR 7,774 8,163 8,572 9,000 9,450 35 7/1/2020 1180 ACCOUNTING TECHNICIAN 5,668 5,952 6,250 6,563 6,891 35 7/1/2020 1410 ADMINISTRATIVE ANALYST * 6,855 7,198 7,558 7,936 8,333 35 7/1/2020 1510 ADMINISTRATIVE SECRETARY 5,176 5,435 5,706 5,993 6,292 35 7/1/2020 1705 ASSISTANT COOK 2,384 2,505 2,630 2,760 2,899 40 7/1/2020 1501 ASSISTANT PLANNER 6,000 6,301 6,615 6,945 7,293 35 7/1/2020 1322 ASSOCIATE CIVIL ENGINEER 8,417 8,837 9,279 9,743 10,230 35 7/1/2020 1535 BUILDING INSPECTOR 7,491 7,865 8,258 8,671 9,103 40 7/1/2020 1507 BUILDING PERMIT TECH./PLAN CHECKER 6,218 6,530 6,857 7,199 7,559 35 7/1/2020 1500 ASSOCIATE PLANNER 7,569 7,949 8,346 8,763 9,201 35 7/1/2020 1453 COMM&ECON DEV COORDR I 6,436 6,758 7,096 7,450 7,823 35 7/1/2020 1450 COMM.&ECON. DEV COORDR II 8,216 8,626 9,058 9,511 9,986 35 7/1/2020 1236 COMMUNITY SERVICES OFFICER 5,573 5,852 6,145 6,452 6,775 40 7/1/2020 1700 COOK 2,715 2,850 2,993 3,144 3,300 40 7/1/2020
1390 CREW LEADER 6,202 6,512 6,837 7,178 7,537 40 7/1/2020 1245 CRIME ANALYST 6,883 7,229 7,590 7,970 8,369 40 7/1/2020 1321 ENGINEER, SENIOR CIVIL 9,053 9,504 9,980 10,478 11,002 35 7/1/2020 1325 ENVIRONMENTAL PROGRAMS ANALYST 6,607 6,938 7,285 7,649 8,031 35 7/1/2020 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 5,056 5,310 5,574 5,853 6,146 35 7/1/2020 1655 FAMILY SUBSIDY SPECIALIST 4,774 5,012 5,263 5,526 5,802 40 7/1/2020 1370 MAINTENANCE WORKER-GENERAL 5,221 5,482 5,756 6,044 6,346 40 7/1/2020 1710 MEAL HANDLER (Hourly Part-time) 16.72 17.55 18.43 19.35 20.32 7/1/2020 1470 OFFICE ASSISTANT I * 3,333 3,499 3,674 3,858 4,051 35 7/1/2020 1480 OFFICE ASSISTANT I (Hourly Part-Time) 21.97 23.07 24.22 25.43 26.70 7/1/2020 1460 OFFICE ASSISTANT II * 4,181 4,389 4,609 4,839 5,080 35 7/1/2020 1481 OFFICE ASSISTANT II (Hourly Part-Time) 27.56 28.94 30.38 31.90 33.50 7/1/2020 1190 PAYROLL TECHNICAN 5,962 6,260 6,572 6,902 7,246 35 7/1/2020 1505 PLANNING TECHNICIAN 5,371 5,639 5,923 6,218 6,530 35 7/1/2020 1232 POLICE ADMINISTRATIVE SPECIALIST 5,852 6,145 6,452 6,775 7,114 40 7/1/2020 1242 POLICE COMMUNICATIONS DISPATCHER 6,019 6,320 6,637 6,969 7,318 40 7/1/2020 1234 POLICE EVIDENCE TECHNICIAN 5,852 6,145 6,452 6,775 7,114 40 7/1/2020 1241 POLICE RECORDS SPECIALIST 5,573 5,852 6,145 6,452 6,775 40 7/1/2020 1240 POLICE SERVICES TECHNICIAN 5,573 5,852 6,145 6,452 6,775 40 7/1/2020 1605 PROGRAM COORDINATOR 5,156 5,415 5,687 5,969 6,270 40 7/1/2020 1595 RECREATION ASSISTANT 4,584 4,812 5,052 5,305 5,569 40 7/1/2020 1170 SENIOR ACCOUNTING TECHNICIAN 5,962 6,260 6,572 6,902 7,246 35 7/1/2020 1610 SENIOR CENTER CASE MANAGER 6,087 6,391 6,710 7,046 7,398 40 7/1/2020 1537 SENIOR BUILDING INSPECTOR 7,868 8,262 8,675 9,108 9,564 40 7/1/2020 1503 SENIOR PLANNER 8,379 8,797 9,236 9,697 10,182 35 7/1/2020 1685 TEACHER ASSISTANT 2,909 3,054 3,207 3,368 3,536 40 7/1/2020 1675 TEACHER ASSOCIATE 3,207 3,368 3,536 3,712 3,899 40 7/1/2020 1665 TEACHER 3,857 4,050 4,252 4,464 4,688 40 7/1/2020
1695 LEAD TEACHER 4,922 5,169 5,427 5,699 5,983 40 7/1/2020 1660 TEACHER II 3,601 3,782 3,971 4,169 4,378 40 7/1/2020 1670 TEACHER I 2,716 2,852 2,995 3,145 3,301 40 7/1/2020 1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 16.78 17.62 18.51 - - 7/1/2020 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 18.51 19.43 20.40 - - 7/1/2020 * Positions in the public safety and/or Community Services Departments work a 40 hour/week schedule DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 45 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 2023-2026
Side Letter of Agreement
Side Letter to the Memorandum of Understanding
Between the
Management of Emeryville Services Authority and the City of Emeryville and
Service Employees International Union (SEIU)

BILINGUAL PAY JOINT TEAM MEETING
This Side Letter is by and between the Management of Emeryville Services Authority and the City of Emeryville (“Employer”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.

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 City employees within the Service Employees International Union, Local 1021 bargaining unit.

The Parties agree to establish a Joint Team Committee within thirty (30) days of contract approval. The Joint Team Committee shall consist of no more than two representatives each for the purposes of researching compensation models for employees with multi-lingual skills that the City determines necessary for service delivery to the Public. Said committee shall meet regularly to draft a proposal to be reviewed and considered by the Employer within one year of contract approval.

For the Employer: For SEIUthe Association:
_______________________________ ___________________________ Gregory Ramirez, Chief Negotiator Ossee Desmangles, Chief Negotiator _______________________________ ___________________________ Lilybell Nakamura, Human Resources Director Navarre Oaks, Interim President Negotiating Team Member Negotiating Team Member
________________________________ ___________________________ Pedro Jimenez, Assistant City Manager Michael Roberts
Negotiating Team Member Negotiating Team Member
___________________________
Jamie Lee
Negotiating Team Member
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 45 Emeryville/MESA and SEIU, Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 2023-2026
Side Letter of Agreement
Side Letter to the Memorandum of Understanding
Between the
Management of Emeryville Services Authority and the City of Emeryville and
Service Employees International Union (SEIU)

REMOTE WORK POLICY
This Side Letter is by and between the Management of Emeryville Services Authority and the City of Emeryville (“Employer”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.

The Employer is seeking to adopt a remote work policy to provide the opportunity for its employees to work remotely and will meet and confer with SEIU prior to adopting a remote work policy. The Employer will keep the Administrative Instruction 1136 Emergency Teleworking Policy in effect until the remote work policy referenced herein is implemented, no later than June 30, 2024, whichever is soonest.

DISPATCH CENTERPOLICE DEPARTMENT OPERATIONS
This Side Letter is by and between the Management of Emeryville Services Authority and the City of Emeryville (“Employer”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.

The Parties agree to establish a labor management committee within 30 (thirty) days of contract approval.

The labor management committee shall consist of no more than three representatives each for the purposes of reviewing and addressing but are not limited to Emergency Services Dispatch Center procedures and Police Department procedures. Said committee will meet monthly and work collaboratively to address procedural issues that shall includeing but are not limited to work schedules, overtime, minimum overtime guarantee in an effort to provide clarity and improve operational efficiency.

For the Employer: For the AssociationSEIU:
_______________________________ ___________________________ Gregory Ramirez, Chief Negotiator Ossee Desmangles, Chief Negotiator _______________________________ ___________________________ Lilybell Nakamura, Human Resources Director Navarre Oaks, Interim President Negotiating Team Member Negotiating Team Member
________________________________ ___________________________ Pedro Jimenez, Assistant City Manager Michael Roberts
Negotiating Team Member Negotiating Team Member
___________________________
Jamie Lee
Negotiating Team Member
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EMERYVILLE
AND
SERVICE EMPLOYEES’ INTERNATIONAL
UNION (SEIU) LOCAL 1021
July 1, 2023 through June 30, 2026
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Table of Contents
Section 1 - General Provisions..................................................................................................................1 Section 2 - Direct Pay for Services ...........................................................................................................3 Section 3 - Hours and Overtime................................................................................................................4 Section 4 - Leave of Absence....................................................................................................................7 Section 5 - Contracting Out.....................................................................................................................13 Section 6 - Employee Rights...................................................................................................................14 Section 7 - Employee Evaluation Procedures ........................................................................................14 Section 8 - Posting and Filling of Temporary Vacancies........................................................................16 Section 9 - Health and Safety..................................................................................................................17 Section 10 - Grievance Procedure...........................................................................................................18 Section 11 - Non-Harassment and Retaliation ........................................................................................21 Section 12 - Layoffs & Resignations. .................................................................................................... 21 Section 13 - Miscellaneous .....................................................................................................................24 Section 14 - Health and Welfare .............................................................................................................25 Section 15- Salary...................................................................................................................................31 Section 16. Uniform Allowance.............................................................................................................32 Section 17 - Holidays.............................................................................................................................32 Section 18 - Child Safety and Protection ................................................................................................34 Section 19 - Employee Assistance Program............................................................................................35 Section 20 - Concerted Activities............................................................................................................35 Section 21 - Management Rights and Responsibilities...........................................................................35 Section 22 – Direct Deposit ....................................................................................................................35 Section 23 - Severability of Provisions...................................................................................................36 ADD Appendix and Sideletters of Agreement
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 1 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021

MEMORANDUM OF UNDERSTANDING
PREAMBLE - We, the undersigned, duly appointed representatives of the Management of Emeryville Services Authority (Employer) a political subdivision of the State of California, hereinafter referred to as "City", and Service Employees International Union, Local 1021, a recognized employee organization, hereinafter referred to as "Union", having met and negotiated in good faith, under the authority of the Meyers-Milias Brown Act, do hereby jointly prepare the following written Memorandum of Understanding.

It is therefore agreed as follows:

Section 1 - General Provisions

1.2 Discrimination Prohibited
The Employer and Union agree that they shall not discriminate, as defined by law, in any way on account of race, creed, religion, sex, sexual orientation, national origin, political affiliation, disability, or age. The Employer agrees that there shall be no discrimination, interference, restraint or coercion by the Employer or any of its agents or employees, on behalf of or against any of its employees because of membership in the Union.

1.3 Union Security
Union Access to New Employee Orientation (AB119)
SEIU Local 1021 shall have access to New Employee Orientation (NEO) sessions, consistent with AB 119. Employer shall recognize the designated field representatives as the points of contact for NEO related matters. The Union shall be responsible for updating Employer of any changes to the points of contact. In accordance with the provision of AB119, Employer shall do the following:

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 2 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
B. Provide the Union a list of new employees, who are represented by their respective bargaining unit and are scheduled to attend the upcoming NEO session. The list, which shall include each new employee’s name, classification, location, division, and supervisor,shall be provided no later than the Monday before the scheduled NEO date. A shorter notice may be provided under mitigating circumstances, in which case Employer will provide the information as soon as possible prior to the NEO date.

C. Within 30 days of the date of hire of each new employee in a classification represented by the Union, the Employer will provide, via email to a duly authorized Union official, the employee’s name, job title, department, work location, work, home and personal cell phone number, home address, work and personal email address on file with the Employer. If Employer does not have the home or personal cell phone number or the personal email address on file, this information shall not be provided.

D. The Union shall be permitted to meet separately with newly hired employees represented by their bargaining unit, and make a presentation of up to 30 minutes at the conclusion of each NEO. The Employer will provide a space for the Union representative to meet with the new employees during this timeframe. Under no circumstances shall the Union presentation exceed thirty (30) minutes.

E. If for any reason the Union will not be present for a scheduled NEO presentation, the Union shall notify the Employer at least 10 working days prior to the session.

F. Employer and the Union agree to handle payroll deductions for Union-represented employees in accord with Government Code section 1157.12.

G. The Employer shall provide, via electronic format, a list of all existing bargaining unit members on record every 120 days. The list shall be provided to the Union membership department by the last Friday of the month in April, August and December of each year, respectively. The listshall include the following information to the extent it is in the Employer’s possession:

1. Name

2. Classification

3. Department

4. Union Code Description

5. Work Address

6. Work, Home and Personal Cellular Telephone Numbers

7. Work and Personal Email Addresses

8. Home Address
If the Employer does not have the home and personal cell phone number, or the personal email address on file, this information shall not be provided.

Union designee, who is limited to Union Representatives, Union Board Members, Chapter Presidents, and Shop Stewards, shall conduct the presentations covered under this agreement. In the event none of the listed designees are available for a scheduled NEO, a member may be granted release time to be present. Only one employee will be granted release time to be present at each NEO. Release time request must be made by the Union no DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 3 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
later than 12:00 p.m. three (3) business days before the scheduled NEO.

The parties will agree to allow an employee Union member designee to be granted release time, including reasonable time for travel, to present at the NEO.

1.4 Bulletin Board Space
The Employer shall provide reasonable space on bulletin boards for official Union notices at each central work area.

1.5 Meeting Space
The Employer shall reasonably make available conference rooms and other meeting areas for the purpose of holding Union meetings during off-duty time periods subject to space and security considerations. The Union shall provide timely advance notice of such meetings.

1.8 Add/Delete of Budgeted Positions
The Employer shall notify the Union of any proposed additions or deletions to all budgeted positions prior to approval by City Council. Such notification is for information purposes only, and shall not create an obligation for the City to meet and confer over the notification or the substance of the notification.

Section 2 - Direct Pay for Services

2.1 Initial Salary
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 4 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
The initial salary of an employee of the Employer shall be the salary attached to the lowest rate of the salary schedule established for the classification to which the employee is appointed; provided, however, that the appointing authority may appoint a new employee at any step in the applicable salary schedule for the classification involved if there has been unusual difficulty in recruiting competent employees at the lowest rate of said salary schedule or the higher rate is commensurate with the education and experience of the appointee.

Section 3 - Hours and Overtime

3.1 Work Week
The normal schedule of work hours is as follows:

City Manager in writing.

The Employer may allow interested employees the option of establishing flexible schedules if recommended by the Department Head and approved City Manager. Flexible schedules shall include but not be limited to job sharing, four (4) day workweeks, flexible starting times.

3.2 Overtime Work
All work performed in excess of, an employee's normal workday or in excess of an employee's normal workweek shall be considered overtime work. Overtime work may be required of any employee in order to meet special or unusual needs of service beneficial to the Employer and community. Time spent in any of the leaves listed in Section 4 – Leave of Absence will not DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 5 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
count as time worked toward determining an employee’s entitlement to overtime compensation.

Arrangements of overtime work shall rest solely with the Department Head or the designated representative. The Employer may require employees to work more than their regularly scheduled workday or workweek.

Accrued compensatory time may be used, with supervisory approval, when requested by the employee provided twenty-four (24) hours advance notice is given by the employee involved.

3.4 Assignment of Overtime
The Employer will provide at least twelve (12) hours advance notice of available overtime work whenever possible.

Overtime will be assigned on a rotational basis among qualified employees who perform the same type of work during the normal workday.

Each department shall permit inspection of its overtime records by the Union.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 6 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
In the event an employee works continuously for the applicable hourly equivalent of one (1) year that is either one thousand eight hundred-twenty (1,820) hours for those on a thirty-five (35) hour per week schedule or two thousand eighty (2,080) hours for those on a forty (40) hour per week schedule, in the higher classification, the employee will be promoted to that classification. Such promoted employee shall be subject to the regular promotion probation requirements of the City.

In the event of an interrupted lunch break, and if staffing permits, the Dispatcher affected may resume their lunch break.

B. No lunch period will be granted to Dispatchers working less than five (5) hours.

3.9 Stand-by Pay
A. The Employer may assign Crew Leaders and Maintenance Workers to mandatory standby status in one week increments on a rotating basis in the order of least to most senior.

Maintenance Workers are required to have at least one (1) year of experience in the classification and be deemed by management to be qualified for stand-by assignments.

If an employee is absent from work during their turn in the rotation for assigned standby status, the Public Works Supervisor may assign any Maintenance Worker or Crew Leader to assume the stand-by responsibility during the absence. In making such assignment to cover absences, the Public Works Supervisor will make reasonable efforts to solicit a volunteer to cover the absence or holiday period rotation. If there is no volunteer, the Public Works Supervisor shall distribute the assignments so as to avoid giving any non-volunteering employee an excessive share of such assignments.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 7 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
B. The normal standby week rotation will be Monday through Sunday, inclusive. The Public Works Supervisor may deviate from this rotation pattern and staffing levels or may assign in an emergency (e.g., storm conditions) without notice or with thirty (30) days advance written notice if, in their judgment, such deviation would best serve the Employer’s operational needs.

E. Employees shall refrain from using alcohol or non-prescribed controlled substances while on stand-by status, and remain able to report to work within one (1) hour, if called to report for duty. If the employee’s residence is more than one (1) hour away from their normal City report location, the Employer will extend this one (1) hour period by a reasonable period as determined by the Employer to accommodate the additional necessary travel time. An employee on stand-by status may otherwise freely use such time for their personal activities. When the employee reports to work, stand-by status ends and the City shall thereafter compensate the employee at their base hourly rate or, if applicable, the overtime rate of one and one-half (1½) times their regular rate of pay, for all hours worked after such call until the employee is authorized to terminate the work for which they were called to report, except for the hours between 11 p.m. and 7 a.m. when they will be paid double (2 times) their regular rate of pay for the hours worked. For each hour period spent on stand-by status the employee shall receive six dollars ($6.00). Time in stand-by status is not time worked for pay purposes.

F. In the event there is an unexpected absence on a weekend or holiday, the employee assigned to work standby may be required to report to work, depending on operation and service needs.

3.10 Shift Differential
For represented employees in the Police Department, the City shall pay a shift differential of five percent (5%) of the employee’s base wage for all hours actually worked between the hours of 1800 (6:00 p.m.) and 0600 (6:00 a.m.).

Section 4 - Leave of Absence

4.1 Status Report of Accrued Leave
The Employer agrees to regularly provide an official record of the current accrued leave on each employee's paycheck stub. Verification of an employee's official accrued leave record will be provided upon receipt of a reasonable request for such verification by the MESA.

4.2 Vacation Leave
A. Accrual
An employee shall accrue vacation leave from the date of the employee's regular DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 8 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
appointment by the Employer, each month at the rates enumerated below up to the accumulation maximum. For the purpose of determining the amount of vacation entitlement, an employment year is defined as the period of one year from the anniversary date of such appointment by the Employer.

Employees hired prior to July 1, 1999:

B. Minimum Usage
An employee may take vacation leave in increments of not less than one-half (1/2) day.

C. Interruption of Leave
In the event that a holiday occurs during a period of authorized vacation leave, the workday which is the holiday shall be charged as a holiday and not as a day of vacation.

D. General

2. If an employee leaves the Employer's employment and has unused vacation time, compensation shall be given at the hourly rate times the hours of unused vacation.

E. Part-Time Employees
All Permanent part-time employees shall receive vacation and sick leave computed at DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 9 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
50% of the accrual provided to full-time employees. Any permanent part-time employee working above the 50% threshold shall accrue prorated vacation and sick leave hours based on the full-time equivalent status of the position held. For example, an employee in a budgeted 75% full-time equivalent position would be eligible to accrue vacation and sick leave at 75% of a full-time employee’s accrual level with the same years of service.

4.3 Sick Leave Accrual
Sick leave shall be accrued monthly for all eligible full-time employees at the rate of one and one quarter (1-1/4) days per month.

Employees may be granted sick leave in increments of no less than one-half (1/2) hour.

4.4 Family Sick Leave
A. Definition of Immediate Family. Immediate family is defined as employee's parents, step-parents, spouse, domestic partner, children, step-children, brother, sister, stepbrother, step-sister, half-brother, half-sister, foster child, ward of the court, grandparents, step-grandparents, legal guardian, grandchildren, parents of employee's spouse, a person 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’s Human Resources Department upon employment or for current employees during the medical insurance annual “Open Enrollment” period.

B. Entitlement. An employee may use accrued sick leave for illness in the immediate family. At the MESA's request, the employee will provide satisfactory evidence of the facts justifying such absence.

4.5 Sick Leave Buy-Back
A. Upon retirement from the Employer for service or disability, a full-time employee may convert accrued but unused sick leave to additional service credit as provided in the Employer's contract with the Public Employees' Retirement System; or B. For represented employees hired before January 1, 2014, they shall receive payment for that portion of sick leave earned but unused at the time of separation up to a maximum of one hundred twenty (120) days at the rate of sixty percent (60%) of their then current salary, provided the employee separates from the Employer in good standing. Good standing is defined as retirement or in the case of resignation, the employee has provided at least two (2) weeks notice prior to separation (as provided in Section 12.3).

C. For represented employees hired on or after January 1, 2014, payment of sick leave will be granted to employees with at least ten (10) years of continuous service and shall receive payment for that portion of sick leave earned but unused at the time of separation DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 10 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
up to a maximum of one hundred twenty (120) days at the rate of thirty percent (30%) of their then current salary, provided the employee separates from the Employer in good standing. Good standing is defined as retirement or in the case of resignation, the employee has provided at least two (2) weeks notice prior to separation (as provided in Section 12.3).

4.6 Serious Illness/Injury
An employee who suffers a non-job-related illness or injury may be required to undergo a medical examination to determine fitness for employment prior to return to work. The necessity for such medical examinations shall be determined by the Human Resources Director an individual basis. Such medical examinations shall be conducted by a physician selected by the Employer. The City shall be responsible for the cost of such examinations.

4.7 Catastrophic Injury/Illness Time Bank
Upon approval of the City Manager or their designated representative, use of Catastrophic Leave from the City of Emeryville/Employer Catastrophic Leave Bank may be available for the benefit of an non-probationary MESA or City employee suffering from a catastrophic illness or injury either to their self, their spouse, domestic partner, parent or dependent child.

Employees may donate earned vacation, compensatory time and/or sick time on a voluntary basis to another City employee or Employer employee. The donation and the use of Catastrophic Leave shall be subject to the conditions listed below.

C. The donation of leave hours shall not be reversible. In the event all hours donated are not used for the catastrophic illness or injury, the balance will remain in the Catastrophic Leave Bank for subsequent use by eligible Employer or City employees with a qualifying catastrophic emergency.

D. All hours donated to a recipient shall be treated as sick leave and subject to the provisions in this Memorandum of Understanding regarding the use and payment of same.

E. Donated leave time shall be changed to its cash value and then credited to the City’s Catastrophic Leave Bank. Funds in the Bank will then be available to an eligible recipient in equivalent hours at the recipient's straight time hourly rate of pay.

F. Donating employees may not reduce their balance of earned vacation below eighty (80) hours by reason of such donations.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 11 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
G. Donating employees may not reduce their balance of earned sick below one hundred and twenty (120) hours by reason of such donations.

4.8 Bereavement Leave
In the event of a death in the immediate family of a permanent or probationary employee, they shall be granted upon request, paid bereavement leave, not to exceed five (5) regularly scheduled work days. This provision does not apply if the death occurs while the employee is on unpaid leave of absence or layoff.

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, a person 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 for current employees during the medical insurance annual “Open Enrollment” period.

At the request of the Employer, the employee shall furnish a death certificate and proof of relationship.

The number of hours each day for which a part-time employee is compensated pursuant to the provisions of this Section shall be equivalent to the average daily number of hours worked by the employee during the fifty-two (52) week period or entire period of employment whichever is less immediately preceding their absence because of industrial disability.

Payment under this provision shall be integrated with any benefit which said employee may receive under the Labor Code of the State of California awarded as the result of the same injury.

The Employer reserves the right to determine medical fitness for employment prior to the employee being returned to work. Such evaluations shall include a determination that the employee may safely return to work without the likelihood of further injury or illness to the employee. All such evaluations and determinations shall be consistent with workers' compensation law.

If an employee engages in alternate employment during the period of temporary disability the Employer shall receive a credit against workers' compensation payments made to the employee DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 12 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
during said period of temporary disability.

4.11 Subpoenaed Court Appearance Leave
Leave of absence shall be granted to an employee who has been served a subpoena to appear in a court case related to their employment with the Employer. The length of the leave granted shall be for the number of days in attendance in court as certified by the clerk or other authorized officer of the court. The employee shall receive full pay during the leave period provided that the witness fee for such leave is assigned to and the subpoena and court certification is filed with the Employer. The witness fee assigned to the Employer does not include reimbursement to the employee for expenses.

4.12 Family Leave
The Employer shall comply with the provisions of the State and Federal Family Leave Acts as required under the law. In that these two pieces of legislation are conflicted, the Employer will establish a Family Leave Policy that incorporates the governing provisions of the statutes.

This policy will be incorporated into the Employer Personnel Rules as it applies to all bargaining units.

4.13 Parental Leave
A. Pregnant employees shall be allowed to continue working as long as they are physically capable of performing the duties of their jobs. Absence from work due to pregnancyrelated disabilities, shall be treated the same as absence from work due to any other physical disability.

Any pregnancy related disability occurring outside the employees' paid leave period shall be treated the same as any other physical disability and the employee shall be entitled to use any accumulated sick leave during this time. In addition, the employee may utilize any accrued vacation leave, or compensatory time off for any portion of the unpaid leave.

C. Life and Health Insurance Coverage. The Employer agrees to maintain life and health insurance coverage during parental leave for four (4) months subject to any regular participation requirement of the employee. Thereafter the Employer agrees to continue coverage for the employee at the employee's expense.

E. Maternity, Paternity and Adoption Leave. An employee shall have five (5) days off with pay for maternity, paternity or adoption leave. An employee may utilize any accrued DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 13 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
vacation leave or compensatory time off for any additional time off for maternity, paternity or adoption leave.

4.14 Leave of Absence Without Pay
A permanent, full-time or permanent part-time employee may be granted a leave of absence without pay of up to one (1) year, upon approval by the Employer, with no loss of seniority or benefits accrued prior to said leave.

4.16 Donor Activities
In the event that an employee participates in organ or bone marrow donation the employee may use sick leave or request catastrophic leave for this purpose.

Section 5 - Contracting Out
The Employer retains the right to determine if any of the work performed by members of the representation unit shall be performed by outside contract or intra-City transfer of work and to implement such action subject only to the terms of the following paragraph.

The Employer will provide the Union with forty-five (45) working days advance notice if a decision to sub-contract or transfer outside the bargaining unit work presently performed exclusively and traditionally by Employer employees will result in the layoff of any such employee(s). Such notice will include a brief statement of the reasons for the sub-contract. Within this forty-five (45) days following notice from Employer of a decision to sub-contract that will result in a layoff, the Union may request to meet with Employer to discuss alternatives to the sub-contract. Such meeting shall be scheduled by the City in consultation with the Union and shall occur within seven (7) days after the request for the meeting is delivered to the City.

Section 6 - Employee Rights

B. Material in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the employee involved.

C. An employee, upon reasonable notice to their supervisor, shall have the right without loss of pay to examine and/or obtain copies of any material from their personnel file with the exception of material that includes ratings, reports, or records which were obtained prior to the employment of the employee involved. The employee's personnel DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 14 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
file shall be available for examination by the Union Field Representative as authorized by the employee. Employees covered by this Agreement wishing to review their personnel file shall call the Personnel Office in advance and schedule an appointment to inspect their personnel files. This right will be exercised reasonably.

D. All personnel files shall be kept confidential.

E. The official personnel file and the official grievance file shall be maintained separately.

6.2 Each new employee shall receive upon employment a copy of the Collective Bargaining Agreement to be provided by the Union at Union orientation.

Section 7 - Employee Evaluation Procedures
The following procedures shall be strictly adhered to:

7.1 Evaluation by First Level Manager
The first level manager shall evaluate the employee by means of a performance evaluation.

7.2 Period of Probation
A. Entry Level Probationary Period. The probationary period of an employee filling a new classification in the competitive service of the Employer shall be of nine (9) months in duration, except that, in the case of a probationary employee requiring further consideration, the Employer may at its option extend the probationary period by three (3) months. In such event, the Employer agrees to notify the Union of the fact that the period of probation for a person filling an entry level has been extended.

B. Entry Level Probationary Period, Police and Child Development Department Employees. The probationary period of an employee filling a new position in the competitive service of the City/Employer in the Police Department and those hired into the Teacher classification in the Emeryville Child Development Center shall be of twelve (12) months duration, except that, in the case of a probationary employee requiring further consideration, the Employer may, at its option, extend the probationary period by three (3) months. In such event, the Employer agrees to notify the Union of the fact that the period of probation for a person filling an entry level has been extended.

7.3 Performance Evaluation
The Employer agrees that represented employees are entitled to a Performance Evaluation which describes individual performance. The report shall define the standards of acceptable service, serve as a means of recognizing good work, describe deficiencies, if any, and what steps DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 15 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
the employee may take to achieve fully effective performance.

7.4 Presentation of Report to Employee
Management shall make every effort to provide timely employee performance evaluations.

7.5 Petition for Reevaluation
Six (6) months after receiving a below satisfactory evaluation in any category, the employee may petition their Department Head or designee to reevaluate them. If improvement has been shown, an updated evaluation will be completed and placed in the employee’s personnel file.

Section 8 - Posting and Filling of Temporary Vacancies

8.2 Employer/City retains the right to determine whether a temporary vacancy will be filled or not and may fill the temporary vacancy from any resources such as temporary agency personnel except under the following conditions:

Whenever it is determined by the Employer/City that a vacancy of thirty (30) days of longer is to be filled on a temporary basis, the department with the temporary vacancy to be filled will post the vacancy for application by the employees within that department. Members of the bargaining unit assigned to permanent positions within the department where the temporary vacancy to be filled exists, and members assigned to permanent positions in another department who have obtained their department head's approval to apply for the temporary vacancy, will be considered before the department makes a temporary assignment from any other source.

A member assigned to a permanent position in another department than the department where the temporary vacancy exists will be advised by their department head of the reason(s) when their request for approval to apply for such temporary vacancy is denied. Such reasons may include but are not limited to the following: employee performance concerns, an employee’s DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 16 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
probationary status, the lack of available backup, a skills scarcity, or the need to retain a critical job function within the department. The department head's decision to approve or not approve such request to apply for a temporary assignment shall be final and not subject to further appeal through the grievance procedure.

All applicants must meet the minimum requirements for the temporary vacancy. Such temporary vacancy will be posted for seven (7) calendar) days; interviews will be conducted with all eligible employees within the next following seven (7) calendar days; and applicants will be notified within the next following seven (7) calendar days. If no unit member is selected to fill the temporary vacancy, Employer/City may continue to use non-bargaining unit temporary personnel to fill the vacancy for longer than fifty-one (51) days.

In the case of vacancies occurring under 8.1.b above, the maximum a temporary employee can be assigned shall be six (6) months.

Section 9 - Health and Safety

9.1 Health and Safety Standard
The Employer and the Union will make every effort to maintain adequate and satisfactory health and safety standards. No employee shall be required to perform work with unsafe equipment or in situations which are injurious to their health or safety. The Employer shall conform to and comply with all health, safety and sanitation guidelines. A Safety and Training Committee consisting of five (5) persons (including one representative from each Bargaining Unit) will meet at regularly scheduled intervals and shall hold safety meetings and inspections to recommend improvements consistent with OSHA and to recommend training programs to the City Manager. The Human Resources Director shall serve as staff to the Committee. Each bargaining unit shall designate one alternate member. Members of the Safety Committee shall be allowed reasonable release time to attend safety committee meetings.

Sites: City Administration Offices, Public Works Corporation Yard, Police Department, Child Development Center.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 17 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
The members of the Committee shall be allowed reasonable release time to attend safety committee meetings.

9.3 Heating, Ventilation and Air Conditioning
The Employer will make reasonable efforts to maintain building heating, lighting, ventilation and air conditioning systems in proper working order.

9.4 Employees with Chronic Illnesses
A. No employee shall be terminated, suspended with or without pay, solely because they have a chronic, serious or life threatening illness. The Employer may lawfully justify dismissal only when the disability 1) substantially interferes with the person's ability to perform their job after the Employer has made a reasonable accommodation for the disability, or 2) the employee would pose a reasonable probability of substantial harm to others.

B. No employee shall be required to be tested for the HIV antibody.

C. The Employer/Union shall follow the City’s Exposure Control Plan, which is required by OSHA standards, for all City employees that may be expected, on a routine or collateral basis, to be exposed to blood born pathogens or other infectious materials (OPIMs). The text of the plan, which covers handling and training, is maintained in the Human Resources Department.

9.5 Video Display Terminals
The MESA shall endeavor to provide safe and healthy working conditions for employees using video display terminals (VDT's). The Employer will continue to make a good faith effort to assure safe and healthy working conditions for pregnant employees using VDT's, including provisions of safety equipment, manual performance of the work, and medically recommended restrictions.

Breaks shall be taken in accordance with Federal and/or State law. The Employer shall advise the Union of any health, safety, and/or ergonomic recommendations developed by the Health and Safety Committee. The Employer agrees to meet with the Union upon request, to review the findings and receive recommendations for modifications in safety regulations.

The safety committee shall make recommendations regarding the safe use and operation of VDT's.

9.6 Light Duty
The Employer shall meet and confer with the Union for the sole purpose of developing a light duty policy which shall be incorporated into the Personnel Rules and Regulations.

Section 10 - Grievance Procedure

B. Proposals to modify, amend or terminate this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 18 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
C. A grievance shall contain a clear and concise statement of the grievance by indicating the issue involved, the relief sought, the date the incident or violation took place and the specific section of the MOU alleged to have been violated.

F. Working days, for the purpose of this section shall be defined as days during which the City of Emeryville/Employer's Administrative Offices are open.

10.2 Time Limits And The Grievance Steps
Timely submission of a grievance is established only by postmark or by hand delivery. Faxes or e-mails do not establish proof of service or timeliness.

Step 1.
(a) The grievance shall be presented in writing, either by the employee or by an authorized union representative to the designated supervisor of the employee within twenty (20) working days after the cause of such grievance occurs or within twenty (20) working days from the date the employee had reason to know of the alleged violation of the MOU that gave rise to the cause of such grievance. Grievances which are not presented within the specified time period shall be deemed to be waived and abandoned. (b) The designated supervisor shall have twenty (20) working days from date of receipt of grievance in which to respond. The designated supervisor shall issue a response, in writing, to the employee and the employee’s representative designated on the original grievance form.
(c) A grievance occasioned by the action (or lack of action) of person(s) other than a management official in the employee’s home department, may be filed at Step 3, as long as said grievance is filed within the time limits specified in Step 1 (a), above.

Step 2.

If the grievance is not satisfactorily resolved at Step 1, the employee or the Union may submit a Step 2 grievance as follows:
(a) The Step 2 grievance shall be submitted in writing either by the employee or by an authorized union representative to the department head or to such representative as they may designate. A grievance may only be submitted to this (and each subsequent) step of the Grievance Procedure by giving written notice of the submission within twenty (20) working days of the expiration of the designated time limits of the Employer official responsible for the prior response. Deadlines which fall on a non-working day, will automatically be extended to the next business day.
(b) The department head or a designated representative shall have twenty (20) working days from date of receipt of grievance in which to respond.

Step 3. Head of Human Resources:
(a) A grievance that remains unresolved following the Union's receipt of the Step 2 written DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 19 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
response from the Department Head or their designated representative, and/or an ‘Advanced Level Filing’ grievance, shall be submitted to the Head of Human Resources within twenty (20) working days.
(b) The Head of Human Resources shall meet with the grievant, the steward associated with the grievance, the Chief Steward, and/or the Union Representative, limited to three union representatives total, including the grievant.
(c) The Head of Human Resources will have twenty (20) working days in which to provide a written response to any grievance, unless timelines are extended in accordance with this section.

10.3 Arbitration
Step 4. Arbitration:
(a) If the grievance remains unresolved at Step 3, either the Union or the Employer may, by written notice to the other party, advance the grievance to an impartial arbitrator within twenty (20) working days of the Step 3 response. The arbitration shall be selected by mutual agreement within twenty (20) working days from the date the grievance is advanced to arbitration. If agreement is not reached, either party may request the names of five (5) impartial arbitrators from the State Mediation and Conciliation Service. Upon receipt of the list, the Head of Human Resources, or designee, and the designated Union Representative, or designee, shall alternately strike names from the list of arbitrators until one arbitrator’s name remains, whom shall serve as the arbitrator. This process shall occur within twenty (20) working days. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the Employer. Each party, however, shall bear the cost of its own presentation including, but not limited to, preparation, presentation at hearing, and post hearing briefs, if any. (b) The Employer and/or the grievant may call witnesses. If an employee covered by this Agreement gives testimony in connection with the grievance procedure during working hours, the employee shall suffer no loss of pay. If the grievant’s hearing is scheduled during working hours, the grievant shall suffer no loss of pay in order to present their grievance.
(c) Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto.

10.8 A steward and one (1) alternate steward shall be appointed by the union in each of the following work areas:

City Administrative Office Public Works Department
Police Department Community Services Department
A. If the aggrieved employee desires the assistance of a steward as provided in Steps 1 through 3 of the grievance procedure, or during the Arbitration process, the MESA shall afford said steward reasonable time off during work hours without loss of compensation or other benefits to investigate and take up said grievance. The grievant and/or the area steward shall obtain the specific approval of the Department and/or division head or, in the latter's absence, another authorized management official, before leaving their duties, work station or assignment for the purpose of investigating and/or processing a grievance.

B. An employee may request the presence of a steward during an interview with their supervisor which the employee reasonably believes may result in disciplinary action, and where the employee has specifically asked the supervisor whether there is the potential for disciplinary action and has been advised by the supervisor that such potential exists. If at any time during an interview without a steward in attendance, it becomes apparent that disciplinary action may result, either party may adjourn the interview until a steward can be present. The provisions of this paragraph shall not apply to interviews conducted for the purpose of reviewing an employee's performance evaluation.

10.10 With the mutual consent of the parties, the services of a mediator may be employed to help mediate the grievance at any step in this procedure.

Section 11 - Non-Harassment and Retaliation

11.1 No employee shall be subjected to any illegal form of harassment in the course of employment.

Prohibited harassment and retaliation are defined in the Employer Administrative Instruction 1119 – Non-Harassment and Retaliation.

Section 12 - Layoffs & Resignations

12.1 Layoffs.

A. Employees shall be laid off in inverse order of their length of service within the affected job classification.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 21 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026

2. An interruption in length of service within a classification shall occur as a result of any one of the following:
(a) Discharge for cause
(b) Voluntary resignation
(c) Retirement for service or disability
(d) Absence from work for thirty-six (36) consecutive months because of layoff
(e) Failure to return from layoff as provided in Section 12.2 (f) Failure to return from an approved leave of absence upon the date specified for return at the time said approval was granted.

3. Whenever the effective date of appointment to a classification is the same for two or more employees, the original date of hire as a probationary or part-time employee with the Employer shall be used to determine which employee has greater length of service within the classification. The employee with the earlier original date of hire with the Employer shall be considered to have the greater length of service within the classification in this situation.

Thereafter, if additional reductions in personnel are required, those employees with the least length of service within the affected classification shall be laid off.

1. Bumping rights afforded an employee pursuant to this Section shall include access to those classifications in which they have previously served but which may since have DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 22 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
been re-titled but where, as determined by the Employer, no substantive changes have been made in the duties or qualifications for the classification(s) in question. Such determination by the Employer shall be subject to the grievance procedure of this Memorandum of Understanding.

2. Prior to employees being laid off the Employer shall post an official bulletin board and provide the Union with status registers for all affected classifications within the representation unit. Said lists shall include the names of all present employees who have held these classifications and their appointment dates thereto.

D. When employees are scheduled for layoff by the Employer, the affected employee and the Union will be given at least thirty (30) calendar days notice, except in an emergency.

For the purposes of this section only, an emergency is defined as, but not limited to:
earthquakes, fire, floods, terrorism, nuclear /radiological incidents, hazardous material incidents, disease, civil disturbances or any other emergency requiring a coordinated multi-agency response. The Employer shall attempt, in so far as is possible, to accomplish any contemplated reduction in personnel by attrition rather than by layoff.

C. Employees who are displaced from their classifications by virtue of layoff shall be placed on a re-employment register for the classification they held at the time the layoff occurred, hereinafter referred to as the "primary" register. They shall also be placed on DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 23 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
re-employment registers for classifications previously served in, hereinafter referred to as "secondary" registers. If an employee fails to respond to such notice of return within the prescribed time period or declines to return from layoff to a secondary register classification their name shall be removed from said secondary register and they shall no longer be eligible for recall to that classification. If an employee fails to respond to notice of return within the prescribed time period or declines return to their primary register classification the employee will be considered to have voluntarily resigned their employment with the Employer.

E. Employees who request and are granted voluntary demotion to a vacant position in lieu of layoff shall be afforded the same rights of return as employees who have exercised bumping rights.

12.3 Resignations
Any employee wishing to leave the employ of the Employer in good standing shall file with the Department Head at least two (2) weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the City Manager through the Personnel Director with a statement by the Department Head as to the resigned employee's service performance. In the case of any adverse comments, the employee shall be notified in writing and shall be given the opportunity to respond in writing. Failure of the employee to submit their written resignation as provided herein shall be entered on the service record of the employee and may be cause for denying future employment by the Employer.

12.4 Non-Discrimination in Workforce Reduction.

12.5 Alternatives to Layoffs
In the interests of employees who may be adversely affected by a general layoff, arising from the need to reduce the work force, the Employer will first solicit volunteers for alternative measures such as, but not limited to, early retirement, demotion, job-sharing, reduced work hours and the like in order to reduce the impact of layoffs on employees.

Section 13 - Miscellaneous

13.1 Education and Training
Employees shall be eligible for reimbursement of tuition and textbook expenses for training that is required by the Employer or for training which is mutually acceptable by the employee and the Employer. Training that the City may determine it will not require but for which the City may, in its discretion, authorize reimbursement under this section includes, but is not limited to, courses or training programs related to:
(a) improving the employee’s basic skills (e.g. reading, writing, basic mathematics, problem solving, error reduction, etc.);
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 24 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
(b) improving the employee’s knowledge and skills needed to better perform the duties of their current position; or
(c) building on the employee’s existing knowledge and skill base to prepare the employee for possible advancement or lateral job transitions within the City that are logically connected to the employee’s present position.

Nothing in this section is intended to diminish the employee’s opportunity to apply for alternative career training support pursuant to the City’s general personnel policies.

All Police Communications Dispatchers who have obtained a POST Dispatcher Intermediate Certificate shall receive an additional sum per month equal to two percent (2%) of salary.

All Police Communications Dispatchers who have obtained a Dispatcher Advanced Certificate shall receive an additional sum per month equal to three percent (3%) of salary.

13.2 Negotiations Process
The Employer will allow release time for three (3) employees of the Union's choosing for the purposes of meeting and conferring on the negotiation of this Memorandum of Understanding, consistent with the continued function of the Employer.

B. Employee hired on or after January 1, 2012, will be enrolled in the 2 @ 60 retirement formula plan (average of highest three years compensation earnable and Level III Survivor Benefits plan).

C. Employees enrolled in the above plans (2% @55 and 2% @ 60) shall contribute to PERS each pay period seven percent (7%) of “PERSable” compensation toward the PERS employee contribution rate.

13.4 Use of Personal Autos for Employer Business
Employees who are authorized by their Department Head to drive their personal automobile in the performance of official Employer business, shall be reimbursed for each mile so driven at the Internal Revenue Service published permissible mileage rate. The employee involved shall maintain accurate records of miles driven on official Employer business and submit same to their Department Head for reimbursement.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 25 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Section 14 - Health and Welfare

14.1 Medical Benefits
The Employer shall continue to contract with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical benefits for eligible active employees, eligible retired employees and eligible survivors of retired employees.

14.2 Section 125 Cafeteria Plan.

Effective calendar year 2024, the Employer will pay 90% of the selected plan premium, which includes the minimum contribution amount required by Government Code Section 22892.

Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).

Additional Employee Contributions. The employee will pay 10% of the selected plan premium which shall be withheld from the employee's salary by the Employer on a pretax basis.

14.3 Medical In-Lieu/Alternate Benefit.

Employees shall be allowed an opportunity to select certain options as alternatives to those benefits listed in Section 5 of this Memorandum of Understanding under the following terms.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 26 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Employer Contribution. The Employer shall contribute ninety percent (90%) of the Kaiser - Region 1, single party premium per month for alternate benefits for eligible full-time employees who select medical-in-lieu/alternate benefits.

Available Benefits. Contributions made by the Employer may be applied by the employee to one or both of the following options:

1. A supplement to the employee's monthly salary. State and Federal taxes will be withheld on any monies applied to this option.

2. Contribution to the Deferred Compensation Plan currently in effect for represented employees, as governed by IRS regulations, must be made on an after-tax contribution basis.

14.4 Dental Benefits
The Employer shall pay the full cost of coverage for employee and eligible dependent up to the family level under the Delta Dental Plan.

14.5 Vision Care
The Employer shall pay the full cost of coverage for employee and eligible dependent up to the family level under the Vision Service Plan (VSP).

14.6 Vision premium increases are governed by the provisions of Section 14.8 below.Life Insurance The Employer shall pay the entire cost of providing each regular full-time and permanent part- time, and probationary full-time employee with group term life insurance equal to the employee's annual salary or fifty thousand dollars ($50,000), whichever is greater, rounded to the nearest one-thousand-dollar ($1,000) increment.

Should the IRS increase the non-taxable insurance amount beyond $50,000, then maximum level of insurance coverage may be increased to that limit which is non-taxable under the IRS codes and regulations. In any event the Employer will not provide life insurance beyond the amount of the employee's annual salary.

14.7 Flexible Spending (FSA) and Dependent Care (DCAP) Accounts The Employer agrees to allow employees to designate a specific amount of salary, consistent with applicable public law, to be redirected each month to pay for Health Care and Dependent care costs on a pre-tax basis. The Employer will reimburse such employee on a monthly basis for health care and dependent care from such redirected funds, upon presentation to the designated third-party administrator of a claim and receipt for services rendered. Any unused funds will be administered in accordance with applicable Federal law.

Federal law limits the circumstances under which an employee may elect benefits and change an election under the Flexible Benefits Plan.

Permanent Part Time Employees. Represented employees working less than full- time are eligible for Employer-sponsored health care benefits in accordance with the below tiers:
(a) Tier I – Represented regular part-time employees who are regularly scheduled to work thirty (30) hours or more hours a week but less than fullDocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 27 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
time (35 or 40 hours, depending on assigned work schedule) will be eligible for health care benefits and flexible benefit contributions on the same basis as regular full-time employees.
(b) Tier II - Represented regular part-time employees who are regularly scheduled to work at least twenty (20) but less than thirty (30) hours per week will be eligible for the Employer-sponsored health care benefits with the Employer paying flexible benefit contributions up to a maximum of seventyfive percent (75%) of the premium charged for the plan in which the employee is enrolled, up to a maximum of seventy-five percent (75%) of the Bay Area Kaiser premium at the applicable level of plan enrollment (i.e., one party, two party, or family). The balance of the required premium will be paid by the employee by payroll deduction.

Dental Vision
Employee Only $ 56.14 $23.04
Employee + One Dependent 88.40 23.04
Employee + Two or more Dependents 129.86 23.04
If there are any premium rate increases for the dental and vision plans amounts, during the term of this agreement, at the request of the Employer/City, the parties will re-open negotiations. Such re-opener negotiations shall be limited to the discussion of how such increase(s) will be shared between the Employer/City and the employee. Absent an agreement between the parties, the above contributions for dental and vision benefits will remain in effect.

14.8 Reservation of Rights
The Employer reserves the right to provide medical, dental or vision care benefits under a program other than that offered through the CalPERSor other existing benefit arrangements at any time during the term of this Memorandum of Understanding. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing medical, dental or vision care benefits for employees; or through a program of self-insurance.

The City shall offer to meet with the Union to discuss the impact of such alternative coverage before the effective date of such coverage.

14.9 Health Care Legislation
If either the State of California or the federal government produces legislation that requires a change in the benefits provided under this MOU, or imposes an employee or an employer contribution requirement toward the cost of such benefits, Employer shall have the right to adjust its contributions so that its total contribution is no greater than is required under this MOU and shall have a duty to provide any benefits lost through such legislation through a supplemental health plan. If the cost of such additional benefits exceed the total Employer contribution required by this MOU, the Parties will reopen negotiations for the purpose of determining an alternative plan design which conforms with the legislation and any necessary adjustments in contribution levels for both Employer and the employees covered hereunder.

14.10 Retired Employees
The Employer shall contribute $16.00 each month on behalf of each eligible retired employee.

Employees who retired prior to January 1, 1981 are eligible for medical benefits only.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 28 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Medical Dental Vision
Retiree $16.00 $20.00 $ 5.00
Retiree + One Dependent 16.00 35.00 8.68
Retiree + Two or more Dependents 16.00 46.06 8.68
As required by Government Code Section 22892, the City’s contribution toward medical benefits only shall increase as follows:
$125.00 per month for calendar year 2016.

These increased City contributions rates shall remain in effect only as long as required by law.

Retired employees who qualify for the Federal Government Medicare Benefits are eligible for Medicare Supplemental coverage only and may not elect any other medical insurance benefit.

They remain eligible for dental and vision care benefits as provided herein.

14.11 Retiree Supplement Account
The Employer shall establish a Retiree Supplement Benefit Account on behalf of each retiree with eleven (11) or more years of service. The combination of the Employer’s minimum employer contribution and Retiree Supplemental Benefit Account shall not exceed the follows:

Medical Dental Vision
Retiree $153.00 $20.00 $ 5.00
Retiree + One Dependent 286.00 35.00 8.68
Retiree + Two or more Dependents 363.00 46.06 8.68
Additionally, in order to be eligible for this benefit, the employee's effective date of retirement must occur within one hundred twenty (120) days of the effective date of their separation from employment with the Employer and they must be enrolled in a medical, dental and vision care plan offered by the MESA. The surviving spouse of a retired employee who qualifies to receive these benefits is also entitled to receive the benefits in the event (a) they were designated by the employee prior to the employee's retirement, to receive a survivor benefit under the Public Employees' Retirement System (PERS) plan, and (b) they are receiving said survivor benefit, and (c) they are a member of a medical, dental and vision plan offered by the Employer of Emeryville. In the event a retired employee has designated more than one survivor who satisfy the above criteria, benefit payments made pursuant to this Section shall not exceed the monthly amount recited above for all such eligible survivors of the employee.

Eligible employees are those who retire from the Employer for service or disability and who have been employed continuously by the Employer.

14.12 Long Term Disability
The Employer shall provide and maintain a Long Term Disability plan for all full-time active employees. The premium for such plan shall be paid by the Employer.

14.13 Health and Wellness
a. Employees shall receive a 15% discount on all current City facilities and current service fees including, but not limited to, childcare services provided by ECDC; facilities, programs and classes provided by the Community Services Department; the Senior Center; and rental facilities.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 29 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
b. The Employer and SEIU representatives shall participate in a city-wide joint labormanagement committee to discuss health and wellness programs for employees. Meetings will be held at mutually agreed upon times and places. Up to two employees may be released from scheduled duty to attend meetings of the committee.

Section 15 Salary

15.1 Cost of Living Adjustments (COLA)
Effective the first full pay period following City Council approval of this agreement, all classifications in the bargaining unit shall receive a salary increase of three and a half percent (3.5%). In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three and a half percent (3.5%) salary increase for the period of July 1, 2023 through the implementation of the three and a half percent (3.5%) salary increase referenced above.

Effective the first full pay period in July 2024 all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).

Effective the first full pay period in July 2025, all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).

Code Job Classification
City Proposed
Market Adjustment Year 1 Year 2
1242 Police Communications Dispatcher 11.6% 5.8% 5.8%
1370 Public Works Maintenance Worker 7.4% 3.7% 3.7%
1390 Public Works Crew Leader 7.4% 3.7% 3.7%
1595 Recreation Assistant 2.4% 1.2% 1.2%
1605 Program Coordinator 2.4% 1.2% 1.2%
1234 Police Evidence Technician 1% 0.5% 0.5%
1241 Police Records Specialist 1% 0.5% 0.5%
1321 Engineer, Senior Civil 13% 6.5% 6.5%
1537 Sr. Building Inspector 11 % 5.5% 5.5%
*1325 Environmental Programs Analyst 3.7% 3.745% -
*City agrees to align Environmental Programs Analyst with Administrative Analyst.

15.3 Recruitment and Retention Adjustments
Effective the first full pay period following City Council approval of this agreement, all classifications DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 30 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
in the bargaining unit shall receive a recruitment/retention market adjustment increase of one and a half percent (1.5%).

C. The Employer agrees that employees are entitled to periodic and timely Performance Evaluations which outline performance and progress in their classification. Accordingly, the parties agree that the Employer may elect to require a Police Communication Dispatcher acting in the capacity of a trainer to prepare a performance evaluation report on the work of the dispatcher trainee under their direction; such reports will satisfy the performance evaluations required by Section 7.3(a) of this Memorandum of Understanding for probationary employees.

Section 16. Uniform Allowance

16.1 Public Works Maintenance
Public Works Maintenance personnel, initially appointed to the position three hundred twentyfive dollars ($325.00) per person per year allowance for the purchase of a uniform and two hundred seventy-five dollars ($275.00) per year for the purchase of safety shoes. Thereafter on the first pay period in October and March of each year, Public Works Maintenance personnel shall receive three hundred twenty-five dollars ($325.00) and two hundred seventy-five dollars ($275.00) respectively for purchase of uniforms and shoes.

16.2 Police Classifications – Uniform Allowance
The Employer will provide represented employees in the Police Department, initially appointed to their position a four hundred twenty-five dollar ($425.00) allowance for the purchase of required articles of uniform. Thereafter on the first pay check in October and March of each year, each represented employee in the Police Department shall receive a uniform maintenance allowance of four hundred seventy-five dollars ($475.00.) DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 31 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Represented employees in the Police Department are eligible for uniform replacement as per Department policy.

16.3 The City shall provide, and Building Inspectors and Senior Building Inspectors shall wear, safety shoes required by Cal OSHA and any other safety equipment required by CAL OSHA regulations of individuals that inspect construction sites. The City shall provide Recreation Assistants and Program Coordinators in Recreation with not less than two (2) pair of work pants, two (2) work shirts and one (1) sweatshirt each fiscal year beginning July 1, 2009. In addition, the City shall provide Teachers and Program Coordinators in the Child Development Center with one (1) work jacket and two (2) work smocks each fiscal year beginning July 1, 2009.

Section 17 - Holidays

17.1 The following holidays shall be observed by the Employer with respect to all covered employees:

1. New Year’s Day (January 1)

2. Martin Luther King Jr. Birthday (3rd Monday in January)

3. Washington's Birthday (3rd Monday in February)

4. Memorial Day (Last Monday in May)

5. Juneteenth (June 19)

6. Independence Day (July 4)

7. Labor Day (1st Monday in September)

8. Indigenous Peoples’ Day (2nd Monday in October)

9. Veterans Day (November 11)

10. Thanksgiving Day (4th Thursday in November)

11. Day after Thanksgiving (4th Friday in November)

12. Christmas Day (December 25)

17.2 If any holiday falls on a Saturday, the preceding Friday shall be observed as the holiday; and if a holiday falls on a Sunday, the following Monday shall be observed as the holiday.

17.3 If a holiday occurs on the Police Department employee's normal day off, the employee shall be compensated for 8 hours of holiday pay at the straight-time hourly rate of pay.

17.4 An employee who works on a holiday observed by the Employer shall be compensated for such holiday at the rate of time and one-half (1-1/2) the straight-time hourly rate in addition to regular holiday pay.

In this instance the employee may at the approval of their supervisor elect to have any portion of the compensation for holidays worked credited as compensation time.

Police Communications Dispatchers who are assigned to work on Juneteenth, Independence Day, Christmas and New Year’s Day, the holidays are observed on the actual date of the holiday.

17.5 Floating Holidays. For fiscal year 2023-2024, bargaining unit employees shall be granted three (3) floating holidays each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year and one (1) additional floating holiday each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year. This additional floating holiday may only be used on the day before the Thanksgiving, Christmas Eve or New Year’s Eve holidays and may be taken in ½ day increments prorated based on the number of hours in the employee’s normal work week.

17.6 Effective fiscal year 2024-2025, bargaining unit employees shall be granted four (4) floating holiday each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 32 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
For employees at ECDC:

Section 18 - Child Safety and Protection

18.1 Child Development Center Labor Management Committee A committee consisting of three persons each from the Employer and the Union shall be established to meet at mutually agreeable times to discuss the following issues in Child Development:
- Staff schedules including working hours, lunch breaks, and staff meeting schedules - Training and development, including mandatory and optional training and educational programs
- Other issues that the committee agrees are appropriate for discussion and resolution

18.2 Child Safety
The parties are committed to child safety and have zero tolerance for child abuse or endangerment. For represented employees in any department who work or interact with minors or children as part of their job duties, any instance of observed, reported or reasonably suspected abuse, endangerment or mistreatment of a child or minor shall result in an investigation during which the employee may be placed on temporary leave with pay. Employees who harm, endanger or otherwise mistreat a child of any age will be subject to disciplinary action up to and including discharge from employment.

No type of abuse will be tolerated; and abusive behavior shall be cause for immediate dismissal.

DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 33 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
If an Employee suspects or has knowledge of child abuse based upon behaviors, physical symptoms or signs, the Employee is required by law to report this immediately to Child Protective Services. Employees are also to report any suspicion of child abuse immediately by sending an “Unusual Incident Report” to Community Care Licensing, as required, with a copy to their direct supervisor. If the direct supervisor is not on duty, the Employee will follow the chain of command up to the next available manager.

In cases where Employees are accused of child abuse the individual will be suspended with pay pending investigation.

Section 21 - Management Rights and Responsibilities

21.1 The Union recognizes and agrees that the Employer retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of California and of the United States, limited only by Sections of this Agreement.

21.2 The Union recognizes and the Employer agrees that the exercise of the foregoing powers, rights, authority, duties and responsibilities by the adoption of policies, rules, regulations, and practices in furtherance thereof; and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance to the Constitution and laws of the State of California and of the United States.

21.3 The Union recognizes and agrees that the Employer’s powers, rights, authority, duties, and responsibilities include the exclusive right to manage, plan, organize, staff, direct, and control; to decrease and increase the workforce, to establish and change standards, to determine solely the extent to which the facilities of any department thereof shall be operated and the outside purchase of products, the right to introduce new or improved methods and facilities; and to otherwise take any action desired to run the entire operation efficiently except as modified by this Agreement.

21.4 The Union recognizes and agrees that the Employer retains its right to amend, modify, or suspend policies and practices referred to in this Agreement in case of emergency. Emergency is to be defined as: An act of God, a natural or man-made disaster, or other dire interruption of the Employer’s programs. When an emergency is declared the Employer shall immediately DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 34 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
notify and consult with the Union.

Section 23 - Severability of Provisions
If any section, clause or provision of this Memorandum of Understanding is declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.

Upon such invalidation the parties agree immediately to meet and negotiate substitute provisions for such parts or provisions rendered or declared illegal or an unfair labor practice. If the parties are unable to agree upon substitute provisions the dispute may, at the request of either the Employer or the Union, be referred to the grievance procedure.

Made and entered into this day of , 2024.

FOR EMPLOYER: FOR SEIU:
_______________________________ ___________________________ Gregory Ramirez, Chief Negotiator Ossee Desmangles, Chief Negotiator _______________________________ ___________________________ Lilybell Nakamura, Human Resources Director Navarre Oaks, Interim President Negotiating Team Member Negotiating Team Member
________________________________ ___________________________ Pedro Jimenez, Assistant City Manager Michael Roberts
Negotiating Team Member Negotiating Team Member
___________________________
Jamie Lee
Negotiating Team Member
Approved as to Form:
________________________________
John Kennedy
City Attorney
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 35 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026

APPENDIX A

BASE MONTHLY SALARY SCHEDULE
Effective 3/16/2024
JOB CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 7,639 8,021 8,422 8,844 9,286 35
1160 ACCOUNTANT, SENIOR 8,575 9,006 9,455 9,929 10,424 35 1180 ACCOUNTING TECHNICIAN 6,254 6,566 6,894 7,239 7,601 35 1410 ADMINISTRATIVE ANALYST * 7,562 7,940 8,338 8,754 9,192 35 1510 ADMINISTRATIVE SECRETARY 5,710 5,996 6,296 6,611 6,942 35 1501 ASSISTANT PLANNER 6,619 6,950 7,296 7,662 8,045 35 1322 ASSOCIATE CIVIL ENGINEER 9,285 9,749 10,236 10,748 11,284 35 1500 ASSOCIATE PLANNER 8,351 8,769 9,206 9,667 10,150 35 1535 BUILDING INSPECTOR 8,264 8,676 9,110 9,564 10,042 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 6,860 7,203 7,563 7,941 8,339 35 1453 COMM&ECON DEV COORDR I 7,100 7,454 7,828 8,218 8,630 35 1450 COMM.&ECON. DEV COORDR II 9,064 9,516 9,992 10,492 11,016 35 1236 COMMUNITY SERVICES OFFICER 6,148 6,455 6,779 7,117 7,474 40 1390 CREW LEADER 7,082 7,436 7,807 8,197 8,608 40
1245 CRIME ANALYST 7,594 7,974 8,373 8,792 9,232 40
1321 ENGINEER, SENIOR CIVIL 10,605 11,134 11,691 12,275 12,888 35 1325 ENVIRONMENTAL PROGRAMS ANALYST 7,553 7,930 8,328 8,743 9,181 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 5,578 5,857 6,150 6,458 6,780 35 1655 FAMILY SUBSIDY SPECIALIST 5,267 5,529 5,805 6,095 6,401 40 1695 LEAD TEACHER 5,431 5,703 5,987 6,286 6,600 40
1370 MAINTENANCE WORKER-GENERAL 5,961 6,260 6,573 6,902 7,247 40 1710 MEAL HANDLER (Hourly Part-time) 18.44 19.36 20.33 21.35 22.41 hourly 1480 OFFICE ASSISTANT I (Hourly Part-Time) 24.24 25.45 26.72 28.06 29.46 hourly 1470 OFFICE ASSISTANT I * 3,677 3,860 4,053 4,256 4,469 35 1481 OFFICE ASSISTANT II (Hourly Part-Time) 30.40 31.92 33.52 35.19 36.95 hourly 1460 OFFICE ASSISTANT II * 4,612 4,842 5,084 5,338 5,605 35 1190 PAYROLL TECHNICAN 6,577 6,906 7,250 7,614 7,994 35 1505 PLANNING TECHNICIAN 5,924 6,221 6,532 6,860 7,203 35 1232 POLICE ADMINISTRATIVE SPECIALIST 6,455 6,779 7,117 7,474 7,848 40 1242 POLICE COMMUNICATIONS DISPATCHER 7,007 7,357 7,725 8,113 8,518 40 1234 POLICE EVIDENCE TECHNICIAN 6,486 6,811 7,151 7,509 7,885 40 1241 POLICE RECORDS SPECIALIST 6,177 6,486 6,811 7,151 7,509 40 1240 POLICE SERVICES TECHNICIAN 6,148 6,455 6,779 7,117 7,474 40 1605 PROGRAM COORDINATOR 5,753 6,043 6,344 6,661 6,995 40 1595 RECREATION ASSISTANT 5,114 5,371 5,637 5,919 6,215 40 1170 SENIOR ACCOUNTING TECHNICIAN 6,576 6,906 7,250 7,614 7,994 35 1537 SENIOR BUILDING INSPECTOR 9,135 9,593 10,071 10,574 11,103 40 1610 SENIOR CENTER CASE MANAGER 6,715 7,051 7,404 7,773 8,162 40 1503 SENIOR PLANNER 9,243 9,704 10,189 10,697 11,232 35 1665 TEACHER 4,255 4,468 4,690 4,926 5,171 40
1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 18.51 19.44 20.41 - - hourly 1685 TEACHER ASSISTANT 3,209 3,368 3,539 3,715 3,901 40 1675 TEACHER ASSOCIATE 3,539 3,715 3,901 4,096 4,301 40 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 20.41 21.43 22.51 - - hourly DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 36 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026

APPENDIX B

BASE MONTHLY SALARY SCHEDULE
Effective 7/1/2024
JOB CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 8,021 8,422 8,843 9,286 9,751 35
1160 ACCOUNTANT, SENIOR 9,004 9,456 9,928 10,425 10,946 35 1180 ACCOUNTING TECHNICIAN 6,566 6,894 7,239 7,601 7,981 35 1410 ADMINISTRATIVE ANALYST * 7,940 8,337 8,755 9,192 9,651 35 1510 ADMINISTRATIVE SECRETARY 5,995 6,295 6,611 6,941 7,289 35 1501 ASSISTANT PLANNER 6,950 7,297 7,661 8,045 8,447 35 1322 ASSOCIATE CIVIL ENGINEER 9,749 10,237 10,748 11,285 11,849 35 1500 ASSOCIATE PLANNER 8,768 9,207 9,667 10,151 10,658 35 1535 BUILDING INSPECTOR 8,677 9,110 9,565 10,043 10,544 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 7,203 7,563 7,941 8,338 8,756 35 1453 COMM&ECON DEV COORDR I 7,455 7,827 8,219 8,629 9,061 35 1450 COMM.&ECON. DEV COORDR II 9,517 9,992 10,491 11,016 11,566 35 1236 COMMUNITY SERVICES OFFICER 6,455 6,778 7,118 7,473 7,848 40 1390 CREW LEADER 7,698 8,083 8,486 8,910 9,357 40
1245 CRIME ANALYST 7,973 8,372 8,791 9,231 9,693 40
1321 ENGINEER, SENIOR CIVIL 11,824 12,415 13,035 13,687 14,370 35 1325 ENVIRONMENTAL PROGRAMS ANALYST 7,931 8,327 8,744 9,180 9,640 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 5,856 6,150 6,457 6,780 7,119 35 1655 FAMILY SUBSIDY SPECIALIST 5,530 5,806 6,096 6,400 6,721 40 1695 LEAD TEACHER 5,702 5,988 6,286 6,601 6,930 40
1370 MAINTENANCE WORKER-GENERAL 6,480 6,805 7,145 7,503 7,878 40 1710 MEAL HANDLER (Hourly Part-time) 19.36 20.33 21.35 22.41 23.53 hourly 1480 OFFICE ASSISTANT I (Hourly Part-Time) 25.45 26.72 28.06 29.46 30.93 hourly 1470 OFFICE ASSISTANT I * 3,861 4,053 4,256 4,468 4,692 35 1481 OFFICE ASSISTANT II (Hourly Part-Time) 31.92 33.52 35.19 36.95 38.80 hourly 1460 OFFICE ASSISTANT II * 4,842 5,084 5,338 5,605 5,885 35 1190 PAYROLL TECHNICAN 6,906 7,251 7,613 7,994 8,393 35 1505 PLANNING TECHNICIAN 6,220 6,532 6,859 7,203 7,563 35 1232 POLICE ADMINISTRATIVE SPECIALIST 6,778 7,118 7,473 7,848 8,240 40 1242 POLICE COMMUNICATIONS DISPATCHER 7,764 8,152 8,559 8,989 9,438 40 1234 POLICE EVIDENCE TECHNICIAN 6,843 7,186 7,544 7,923 8,319 40 1241 POLICE RECORDS SPECIALIST 6,517 6,843 7,186 7,544 7,923 hourly 1240 POLICE SERVICES TECHNICIAN 6,455 6,778 7,118 7,473 7,848 40 1605 PROGRAM COORDINATOR 6,110 6,417 6,738 7,074 7,429 hourly 1595 RECREATION ASSISTANT 5,431 5,704 5,987 6,285 6,600 hourly 1170 SENIOR ACCOUNTING TECHNICIAN 6,905 7,251 7,613 7,994 8,393 35 1537 SENIOR BUILDING INSPECTOR 10,094 10,600 11,128 11,684 12,269 40 1610 SENIOR CENTER CASE MANAGER 7,050 7,403 7,774 8,162 8,570 40 1503 SENIOR PLANNER 9,705 10,189 10,699 11,232 11,793 35 1665 TEACHER 4,467 4,691 4,925 5,172 5,430 40
1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 19.44 20.41 21.43 - - hourly 1685 TEACHER ASSISTANT 3,369 3,537 3,715 3,901 4,096 40 1675 TEACHER ASSOCIATE 3,715 3,901 4,096 4,301 4,516 40 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 21.43 22.50 23.63 - - hourly DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 37 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026

APPENDIX C

BASE MONTHLY SALARY SCHEDULE
Effective first full pay period in July 2025
JOB CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 8,422 8,843 9,285 9,751 10,238 35
1160 ACCOUNTANT, SENIOR 9,454 9,929 10,424 10,947 11,493 35 1180 ACCOUNTING TECHNICIAN 6,895 7,239 7,601 7,981 8,380 35 1410 ADMINISTRATIVE ANALYST * 8,337 8,754 9,193 9,651 10,134 35 1510 ADMINISTRATIVE SECRETARY 6,295 6,610 6,941 7,288 7,653 35 1501 ASSISTANT PLANNER 7,298 7,662 8,044 8,447 8,870 35 1322 ASSOCIATE CIVIL ENGINEER 10,237 10,749 11,286 11,849 12,441 35 1500 ASSOCIATE PLANNER 9,207 9,667 10,150 10,658 11,191 35 1535 BUILDING INSPECTOR 9,111 9,565 10,044 10,545 11,072 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 7,563 7,941 8,338 8,755 9,194 35 1453 COMM&ECON DEV COORDR I 7,828 8,218 8,630 9,061 9,515 35 1450 COMM.&ECON. DEV COORDR II 9,993 10,492 11,016 11,567 12,145 35 1236 COMMUNITY SERVICES OFFICER 6,778 7,117 7,474 7,846 8,240 40 1390 CREW LEADER 8,083 8,487 8,910 9,356 9,825 40
1245 CRIME ANALYST 8,372 8,791 9,231 9,693 10,178 40
1321 ENGINEER, SENIOR CIVIL 12,416 13,036 13,687 14,371 15,089 35 1325 ENVIRONMENTAL PROGRAMS ANALYST 8,327 8,743 9,181 9,639 10,122 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 6,149 6,457 6,780 7,119 7,475 35 1655 FAMILY SUBSIDY SPECIALIST 5,807 6,096 6,401 6,720 7,057 40 1695 LEAD TEACHER 5,987 6,287 6,601 6,931 7,277 40
1370 MAINTENANCE WORKER-GENERAL 6,804 7,145 7,502 7,878 8,271 40 1710 MEAL HANDLER (Hourly Part-time) 20.33 21.35 22.41 23.53 24.71 hourly 1480 OFFICE ASSISTANT I (Hourly Part-Time) 26.72 28.06 29.46 30.93 32.48 hourly 1470 OFFICE ASSISTANT I * 4,054 4,255 4,468 4,692 4,927 35 1481 OFFICE ASSISTANT II (Hourly Part-Time) 33.52 35.19 36.95 38.80 40.74 hourly 1460 OFFICE ASSISTANT II * 5,084 5,338 5,605 5,885 6,179 35 1190 PAYROLL TECHNICAN 7,251 7,614 7,993 8,394 8,813 35 1505 PLANNING TECHNICIAN 6,531 6,859 7,202 7,563 7,941 35 1232 POLICE ADMINISTRATIVE SPECIALIST 7,117 7,474 7,846 8,240 8,652 40 1242 POLICE COMMUNICATIONS DISPATCHER 8,152 8,559 8,987 9,438 9,910 40 1234 POLICE EVIDENCE TECHNICIAN 7,185 7,545 7,921 8,319 8,735 40 1241 POLICE RECORDS SPECIALIST 6,843 7,185 7,545 7,921 8,319 40 1240 POLICE SERVICES TECHNICIAN 6,778 7,117 7,474 7,846 8,240 40 1605 PROGRAM COORDINATOR 6,415 6,738 7,075 7,428 7,801 40 1595 RECREATION ASSISTANT 5,702 5,989 6,286 6,600 6,930 40 1170 SENIOR ACCOUNTING TECHNICIAN 7,250 7,614 7,993 8,394 8,813 35 1537 SENIOR BUILDING INSPECTOR 10,599 11,130 11,685 12,268 12,882 40 1610 SENIOR CENTER CASE MANAGER 7,403 7,773 8,162 8,570 8,998 40 1503 SENIOR PLANNER 10,191 10,699 11,234 11,794 12,383 35 1665 TEACHER 4,691 4,926 5,171 5,430 5,701 40
1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 20.41 21.43 22.50 - - hourly 1685 TEACHER ASSISTANT 3,538 3,714 3,901 4,096 4,301 40 1675 TEACHER ASSOCIATE 3,901 4,096 4,301 4,516 4,742 40 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 22.50 23.63 24.81 - - hourly DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 2023-2026
Side Letter of Agreement
Side Letter to the Memorandum of Understanding
Between the
Management of Emeryville Services Authority and the City of Emeryville and
Service Employees International Union (SEIU)

For the Employer: For SEIU:
_______________________________ ___________________________ Gregory Ramirez, Chief Negotiator Ossee Desmangles, Chief Negotiator _______________________________ ___________________________ Lilybell Nakamura, Human Resources Director Navarre Oaks, Interim President Negotiating Team Member Negotiating Team Member
________________________________ ___________________________ Pedro Jimenez, Assistant City Manager Michael Roberts
Negotiating Team Member Negotiating Team Member
___________________________
Jamie Lee
Negotiating Team Member
DocuSign Envelope ID: BBF805BC-C1BC-44BF-94A7-DFDD60CE1982 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 2023-2026
Side Letter of Agreement
Side Letter to the Memorandum of Understanding
Between the
Management of Emeryville Services Authority and the City of Emeryville and
Service Employees International Union (SEIU)

POLICE DEPARTMENT OPERATIONS
This Side Letter is by and between the Management of Emeryville Services Authority and the City of Emeryville (“Employer”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.

The Parties agree to establish a labor management committee within 30 (thirty) days of contract approval.

The labor management committee shall consist of no more than three representatives each for the purposes of reviewing and addressing but are not limited to Emergency Services Dispatch Center procedures and Police Department Procedures. Said committee will meet monthly and work collaboratively to address procedural issues that shall include but are not limited to work schedules, overtime, minimum overtime guarantee in an effort to provide clarity and improve operational efficiency.

Emeryville City CouncilMarch 5, 2024

Emeryville City Council
March 5, 2024