Memorandum of Understanding
City of Hercules
and
Teamsters Local 315
Part Time Employees
July 1, 2024 — June 30, 2025
Approved by Resolution 242-XX
TABLE OF CONTENTS
Preamble 3
Article 1. Recognition 3
Union Recognition 3
City Recognition 3
Article 2. No Discrimination 3
Article 3. Union Security 3
3.1 Agency Shop 3
3.2 Authorizations for Payroll Deductions 4
3.3 Deduction Schedule 4
3.4 Indemnity 4
3.5 Newly Hired Unit Members 4
3.6 Access to Employee Orientations 5
Article 4. Union Representatives 5
4.1 Attendance at Meeting by Employees 5
4.2 Shop Stewards 6
4.3 Access to Work Locations 6
4.4 Bulletin Boards 6
4.5 Email Notices 7
4.6 Prior Notice Requirement 7
4.7 Meet and Confer in Good Faith 7
Article 5. Recruitment 7
5.1 Recruitment Postings 7
Article 6. Salary Plan and Wages 7
6.1 Manner of Payment 7
6.2 Work in a Higher Classification 8
6.3 Wages 8
6.4 Longevity Pay 8
6.5 Re-certification of CPR and First Aid 9
6.6 Incentive Pay 9
Article 7. Hours of Work/Work Week 9
7.1 Lunch and Break Periods 9
Article 8. Overtime and Emergency Premium Pay 10
8.1 General Overtime 10
8.2 Emergency Premium Pay 10
8.3 No Pyramiding 10
Article 9. Uniforms 10
9.1 Safety Equipment 10
Article 10. Education/Tuition Reimbursement 11
Article 11. Holidays 11
11.1 Proclaimed Holidays 11
11.2 Additional Christmas Holidays 11
11.3 Pay for Working on a Designated Holiday 11
Article 12. Leaves of Absence 12
12.1 Authorized Leaves of Absences without Pay 13
12.2 Bereavement Leave 13
12.3 Jury Duty 14
12.4 Military Leave 14
12.5 Pregnancy Disability Leave 14
12.6 Maternity and Paternity Leave 14
12.7 School Leave 14
12.8 Family and Medical Leave Act of 1993 15
12.9 Voting Leave 15
Article 13. Sick Leave 15
13.1 Accumulation of Sick Leave 15
13.2 Exhaustion of Sick Leave 15
13.3 Notification 16
13.4 No Cash Out 16
Article 14. Vacation Leave 16
14.1 Accrual Rate 16
14.2 Accumulation of Vacation Leave 16
14.3 New Hire Probationary Employees 16
Article 15. Grievance Procedures and Discipline 17
15.1 Discipline and Discharge 17
15.2 Definition of a Grievance 18
15.3 Advisory Arbitration 18
Article 16. Benefits 19
16.1 Retirement 19
16.2 Deferred Compensation 20
Article 17. Health and Welfare 20
17.1 Medical, Dental and Vision 20
Article 18. Parks and Recreation Credits and Child Care Enrollment 21 Article 19. Computer Loan 21
Article 20. Workers’ Compensation Program 21
Article 21. Seniority 21
Article 22. Reduction in Force 22
Article 23. Layoff and Recall 22
Article 24. Americans with Disabilities Act 22
Article 25. Separability of Provisions 23
Article 26. No Strike or Lockout 23
Article 27. Management Rights 23
Article 28. Miscellaneous Provisions 23
Article 29. Term 24
Attachment A: Positions 25
Signature Page 26
PREAMBLE
General Teamsters Local No. 315, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America and representatives of the City of Hercules have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the miscellaneous part-time employee bargaining unit, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-Milias Brown Act (Government Code Sections 3500, et. seq.) and has been jointly prepared by the parties.
Article 1. Recognition
Union Recognition
The General Teamsters Local No. 315 affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, hereinafter referred to as the "Union", is recognized as the employee organization as provided in the City's Employer-Employee Relations Resolution for all part-time employees assigned to the classification listed in Attachment A.
City Recognition
The City Manager, or where the authority has been delegated by the City Manager, the City Manager’s representative is the representative of the City of Hercules, hereinafter referred to as the “City”.
Article 2. No Discrimination
The City agrees not to discriminate against any employee because of membership in the Union or because of any lawful activities on behalf of the Union. Union activities shall not interfere with the normal operation of the City. Neither the City nor the Union shall discriminate for or against any employee or applicant for employment on account of race, color, creed, national origin, age, sex, sexual orientation, physical disability, or mental disability which does not prevent an employee from meeting the minimum standards established.
Article 3. Union Security
3.1 Agency Shop
The City shall rely on the certification from the Union to deduct dues and fees from the unit employee paychecks per employee authorizations employees provide the Union to the extent required by law, including but not limited to Government Code Sections 1157.3 and 1157.12. The Union shall not be obligated to provide the City with a copy of an employee’s deduction authorization unless a dispute arises about the existence or terms of the authorization.
3.2 Authorization for Payroll Deduction
Upon being furnished with an appropriate form executed by an employee, the City shall deduct from that employee’s pay, in the amount stated, contributions to DRIVE (Democratic Republican Independent Voter Education). The Union shall notify the City of the designated amount of dues and fees to be deducted for each unit member, and the City shall deduct the amounts so designated after receiving written certification from the Union that the unit member has provided written authorization to do so. Any request to begin or cancel dues or fee deductions must be made to the Union, and not the City. At the beginning of each month, the Union shall provide the City with a comprehensive updated list of all unit members and the amounts that shall be deducted for their dues and fees.
3.3 Authorization, cancellation or modification of payroll deduction for dues and fees shall be made upon written request and confirmation in writing by the Union. The City shall direct unit members to the Union if they so request to change or cancel dues or fee deductions. The voluntary payroll deduction authorization for dues and fees shall remain in effect until employment with the City is terminated, unless otherwise directed by the Union.
3.4 Deduction Schedule
Deductions shall be made twice per month from the employee’s pay. Payments to the Union shall be made by the 15th day of each month following the month for which the deductions have been made together with a list of the employees for whom deductions have been made. Payments to the Union shall be made to: Union Local 315, 2727 Alhambra Avenue, P.O. Box 3010, Martinez, CA 94553.
3.5 Indemnity
The Union shall indemnify, defend, and hold the City, its officers, employees and agents harmless from any costs or liability resulting out of any and all claims, demands, suits or any other action arising from the operation of this Section or from the use of the monies remitted to the Union, including, but not limited to the costs of defending against any such actions or claims.
3.6 Newly Hired Unit Members
To the extent required by Government Code Section 3558, the City shall provide the Union with a list of names and contact information (listed below) for any newly hired unit member within 30 days of the date of hire. The information shall include the following information except for any information subject to exclusion pursuant to Government code Section 6254.3(c):
Employee name
Job title
Department
Work location
Home address
Work, home and personal cellular telephone numbers and personal email addresses on file with the City.
This same information shall be provided every 120 days for all unit employees.
The City agrees that personal contact information of unit employees (e.g., home address, personal phone number, personal email address) is private information not to be disclosed to any private (non-governmental) person or entity, other than the Union, except upon written authorization of the employee. The city further agrees to give the Union prompt notice of requests from any such person or entity for such information, along with a copy of the City’s response to such requests.
Within (10) ten calendar days, the City will provide to the Union the name, title and separation date of any employee who separates from employment. The Union will provide (10) ten calendar days notice to the City in advance of the date when an employee will no longer be in fee payer status.
3.7 Access to Employee Orientations
The City will notify the Union in writing not less than ten (10) days in advance of the onboarding orientation meeting (if any) held between the Human Resources Department representatives and new bargaining unit employees. If a bargaining unit member’s first day of work begins less than ten (10) days before the date of the employee orientation, the 10-day notice requirement may be reduced and the City will instead provide as much advance notice as reasonably possible of the orientation meeting.
The City will allow a designated unit Union member representative or an outside labor representative to spend fifteen (15) minutes with the new unit member at the end of the onboarding orientation meeting in order to provide information about the MOU and related matters.
To the extent prohibited by law, the City agrees that it will not disclose the date, time, or place of any such new employee orientation to anyone other than the employees who are to attend the orientation, the Union, or a vendor that is contracted to provide a service for purpose of the orientation.
The Union will be responsible for providing a copy of the current MOU and any Union information to the new employee.
Article 4. Union Representatives
4.1 Attendance at Meetings by Employees
An employee who is the subject of investigatory interview which the employee reasonably believes may result in discipline, may request and shall be granted the right to have a shop steward or, or if no shop steward is available, a co-worker present during the interview.
4.2 Shop Stewards
The Union may appoint a maximum of' six (6) shop stewards. The Union will notify the City of Hercules in writing with the names and any changes to shop stewards. Grievances which may arise and which cannot be adjusted on the job shall be reported to the Union by the steward; provided, however, in no event shall the steward or the Union order any changes, and no changes shall be made except with the consent of the City.
If an aggrieved employee desires the assistance of a steward as provided in the grievance procedure, the City 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 steward shall obtain the approval of their Department Director or designee, before leaving his/her duties or work assignment for the purpose of investigating and/or processing a grievance. Reasonable efforts shall be made to grant such requests; however, they are subject to the operational needs of the City.
4.3 Access to Work Locations
Reasonable access to employee work locations shall be granted to officially designated Union representatives, for the purpose of contacting members of the bargaining union concerning business within the scope of representation.
Any Union representative seeking access to work locations, as a courtesy, will notify the City Manager or his/her designee when reasonable the day before meeting with the time, date, and approximate length of the meeting. Access shall be restricted so as not to interfere with the normal operations of the department or with established or security requirements. Any meetings or discussions with employees shall generally be limited to the employee's time before work, after work, break time or lunch hour unless it is necessary in the resolution of a grievance and approved by the City Manager or his/her designee.
The Union shall designate, in writing to the City Manager, the names of the representatives listed above.
4.4 Bulletin Boards
The Union may provide the City with two bulletin boards with the dimensions of approximately 2'x 3' to be placed by the City in a mutually agreeable location. The Union may use these bulletin boards to post:
Official Notices of Union Meetings;
Official Notices of Union elections and results;
Official Notices of Union appointments;
Official Notices of grievances, resolutions and Union newsletters and bulletins; and Other Official Union Notices.
At mutually agreeable satellite locations, the Union may provide a clipboard with the above information clipped to it. These clipboards shall be located in break rooms or near logbooks.
4.5 E-Mail Notices
With prior approval of the City Manager or his/her designee, that will not be unreasonably denied, the Union is permitted to send to its members E-Mail notices of Official Union Business as noted in Section 4.4.
4.6 Prior Notice Requirement
The City agrees to notify the Union ten (10) working days in advance of any Policy, Rule, or other change that will have an impact on the bargaining unit. The Union will then respond within ten (10) working days of receipt of Policy, Rule or other change. The first day will be considered as the day notice is received either through an e-mail, fax or letter.
4.7 Meet and Confer in Good Faith
"Meet and confer" or "meeting and conferring" means that duly authorized City representatives and duly authorized representatives of the Union shall have a mutual obligation to meet and confer in good faith regarding specified matters within the scope of representation, in an endeavor to reach tentative agreement. Once a tentative agreement has been reached on any matter requiring ratification or City Council adoption the parties shall recommend ratification by the membership and adoption by the City Council. Nothing herein shall require either party to agree to any proposal or to make concessions.
Article 5. Recruitment
5.1 Recruitment Postings
The City agrees to post all bargaining unit positions internally for ten (10) workdays on the City website, e-mail and appropriate bulletin boards prior to the closing application date. The City encourages all qualified internal candidates to apply for promotional opportunities. The City may, at its discretion, prior to commencing a formal recruitment process for job vacancies, solicit employee interest for the position. At the discretion of the City, it may perform internal recruitments.
Article 6. Salary Plan and Wages
6.1 Manner of Payment
Employees shall be paid every other Friday via direct deposit. Routine paychecks shall be for the purpose of compensating for regular time, overtime, sick leave and vacation hours. Reimbursable expenses shall be paid on a separate check.
Overtime, vacation, and sick leave, shall be processed and paid or reported on the subsequent paycheck.
6.2 Work in a Higher Classification
Eligible employees who are authorized in writing by the department head to work in a higher classification and salary range than their own and who are required to temporarily perform substantial duties and assume the responsibilities of the position will receive out of class pay. To be eligible for out of class pay employees assigned to work in a higher classification must meet the minimum qualifications of the assigned position. Employees will be eligible for work in a higher classification on the first workday in a higher classification.
Compensation for work in a higher class shall be at either five percent (5%) above said employees' existing salary rate or the hourly rate equal to the minimum rate as provided in the salary range for the designated position, whichever is higher. Any out of class work for which premium compensation is provided requires advance written approval by the City Manager or designee.
Employees who are working in a higher classification that is outside the scope of this Agreement shall be covered by the general terms and conditions of employment of the higher classification. All wages, including sick, vacation, comp time and holiday shall be paid at the out of class pay rate.
Additional Duties pay of 5% will be compensated to an employee when an employee assumes limited duties of a higher classification as approved by the City Manager.
6.3 Wages
FY 2024-25
Effective the first full pay period following ratification by both parties, or on March 30, 2025, whichever occurs later, employees shall receive a 3.0% Cost of Living Adjustment (COLA), with a one-time non-PERSable payment of 5.0% of their total gross salary for the 2023/24 fiscal year.
6.4 Longevity Pay
In recognition of employees’ continued service to the City, effective the first full pay period following ratification by both parties, or on March 30, 2025, whichever occurs later, employees shall be entitled to receive longevity pay after the completion of:
10 years of service: $150.00 per month
15 years of service: $200.00 per month
20 years of service: $250.00 per month
25 years of service: $300.00 per month
Longevity pay shall be paid in 24 bi-weekly installments and shall be in addition to any other pay received under this Agreement.
6.5 Re-Certification of CPR and First Aid
Recertification of CPR and First Aid will be paid by the City for all eligible regular part-time employees every two years if required by Parks and Recreation programs. Should a part-time employee fail the CPR or First Aid test the responsibility of payment becomes the employee’s responsibility.
6.6 Incentive Pay
At the discretion of the Department Director and approval by the City Manager employees may be awarded at any time during the fiscal year incentive pay not to exceed 5% for extraordinary job performance.
Article 7. Hours of Work/Workweek
Standard workweek: The standard basic workweek for part-time employees including those part-time employees on a 9.5/76 schedule shall be from Sunday at midnight through the following Saturday at 11:59 p.m. The City may assign a different workweek when it is deemed necessary so long as the employee receives proper notification. When practical or feasible a part-time employee will be given no less than one (1) day written notice in advance of a change in their assigned regular work week or shift schedule unless mutually agreed upon between the employee and the Department Director. The assignment of work weeks and shifts will be based on seniority provided the employee in the department has the minimum qualifications to perform the work.
Employees receiving benefits, must use accrued leave balances to reach the appropriate hours per week for the benefits being received if scheduled hours do not meet the hours required.
7.1 Lunch and Break Periods:
The time allowed for an unpaid lunch break shall be a minimum of thirty minutes and no more than one hour and will be approved or disapproved at the discretion of the Department Director. All regular part-time employees who are scheduled to work at least four (4) hours shall be permitted one fifteen minute paid rest period at approximately the middle of the four hour period. Part-time employees who are scheduled to work at least six hours shall be permitted to a second paid fifteen minute rest period. Rest periods shall not be taken at the end of a workday to permit an employee to leave early, nor may rest periods be used at the beginning of a workday to allow an employee to report for work after their regular assigned starting time.
The City will comply with all applicable State Laws and Regulations governing meal periods and rest periods.
Article 8. Overtime and Emergency Premium Pay
8.1 General Overtime
The City's policy is to avoid overtime work whenever possible. Overtime work may be performed, however, if it is approved in advance by the City Manager or Department Director. Such approval shall be provided to the employee within a reasonable time.
Overtime shall be paid at the rate of one and a half (1.5) times the regular hourly rate for all hours worked over 40 in the regular work week for all non-exempt classifications. Overtime shall be paid at the rate of two (2) times the regular hourly rate of pay for all hours worked over twelve (12) hours in a work day.
In any pay period during which an employee is using approved leave time and “overtime” hours are worked, the employee can elect to reduce leave utilized during that pay period rather than being paid at straight time for anything up to 38 hours. In any work week during which an employee is using pre-scheduled and approved vacation or comp time, these hours are defined as “hours worked”.
To the extent practical, overtime work shall be distributed equally among qualified employees insofar as possible based on the minimum qualifications needed for the task and to be done on a rotated basis by department or division as designated by the direct supervisor and approved by the Department Director. Except for Holiday pay, time paid and not worked (e.g. sick leave, vacation, etc.) does not count toward the forty hours necessary to receive overtime.
8.2 Emergency Premium Pay
In an emergency preparedness situation, as designated by the City Manager or designee, all employees required to work in excess of an eight hour shift shall receive premium pay at the rate of two (2) times the employee's regular base rate of pay for all hours worked over eight hours.
8.3 No Pyramiding
There shall be no pyramiding of overtime. For example, if an employee's work hours qualify for overtime, the same work hours cannot qualify for any other premium pay.
Article 9. Uniforms
When the City requires employees to wear a uniform- shirts, pants, vests, hats or other apparel, the City will provide the uniform. Non-sworn police employees shall continue to receive a $500 uniform purchase allowance consistent with Resolution 00-01. Payments shall be made twice a year in July and January.
9.1 Safety Equipment
The City will furnish all safety equipment that is required to perform the task or job at no cost to the employee.
9.1.1 Safety Shoes
The City will provide a reimbursement of up to $275 per fiscal year for one (1) pair of safety shoes for any regular part-time employee required to wear safety shoes.
Article 10. Education/Tuition Reimbursement
There will be a total of $30,000 allocated to the Education Reimbursement Program for all City employee groups.
Article 11. Holidays – Regular Part-Time Employees
Although all regular part-time employees working 20 or more hours are covered by this Agreement, to be "eligible" for employment benefits such as holiday, sick leave, vacation, etc., the regular part-time employee must be in a regularly classified position and be regularly scheduled to work 20 hours or more per week effective the date of adoption of this agreement by the City Council.
11.1 Proclaimed Holidays
Eligible regular part-time employees shall receive 14 designated holidays plus two floating holidays to be observed during each fiscal year (July 1-June 30). Employees normally scheduled to work on those days will be given the day off with pro-rated pay provided they are eligible as set forth below. Floating Holidays may not be carried forward from one fiscal year to the next and are not compensable at the time of separation from City service.
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
Two Floating Holidays
If any of these Holidays fall on a Sunday, the Monday following shall be observed as the holiday. If any of these Holidays fall on a Saturday, the preceding Thursday shall be observed as the Holiday.
To be eligible for Holiday pay, employees must have worked the workday before and the workday after the Holiday, or be in approved paid leave status the workday before and the workday after the Holiday. Employees on approved vacation or sick leave shall not be charged vacation or sick leave for the Holiday.
An approved paid status means that if an employee is scheduled to work during a given week, he or she has scheduled or unscheduled time off that would be covered by pay or leave has been approved. Paid leave such as bona fide sick, vacation or other compensable accrued benefit for essential paid time off must be available and currently on the books.
Employees on approved paid vacation or sick leave shall be paid for the Holiday. Holiday pay for part time employees shall be pro-rated based upon the regular number of hours scheduled to work per week. (An employee scheduled to work 30 hours per week (30/40 hours) would receive seventy-five percent (75% of the full day holiday pay, 6 hours).
The Proclaimed Holidays listed above are effective upon adoption of this agreement by the City Council.
11.2. Additional Christmas Holidays
For the term of this MOU and consistent with past practice, the majority of the City’s offices will continue to be closed during the Christmas week. In lieu of holiday pay, employees who were otherwise eligible for holiday pay described below can elect to use any unused, accrued vacation, sick or compensatory time available in order to receive pay for these days. Alternatively, employees can choose to take unpaid leave during these days.
11.3 Pay for Working on a Designated Holiday
An eligible part-time employee who is required by the City to work on the day a Holiday is observed as designated in Section 11.1 shall be paid for the hours actually worked on the Holiday at the rate of time and one-half.
NOTE: Children’s Program positions are allowed to use any type of accrued leave when schools are on break and childcare programs are not in operation.
Article 12. Leaves of Absence
12.1 Authorized Leaves of Absence without Pay
12.1.1. Requesting Leave
The City Manager may upon the request/recommendation of the Department Director grant an employee an unpaid leave of Absence not to exceed three (3) months. Such leave shall be discretionary and based upon the needs of the City. Employees desiring to take time off without pay who have no leave balances available shall submit a request in writing to their Department Manager. Whenever possible, such requests shall be submitted at least five (5) weeks or 20 working days in advance.
12.1.2 Early Return From Leaves of Absence
An employee may request permission from the Department Director to return to work prior to the approved expiration of the leave. Approval of the Department Director and the City Manager for such early returns is discretionary.
12.1.3 Failure to Return to Work from Leave of Absence Failure of an employee to return to work on the approved date is grounds for disciplinary action up to and including dismissal. (See Article 15).
12.1.4 Benefits During Leaves of Absence
Employees on leaves of absence may continue their medical and insurance benefit coverage by reimbursing the City directly for the amount of the insurance premiums in advance. Such reimbursement must be made in advance by the 30th day of the preceding month for the subsequent month for each month in which the employee wishes to receive coverage. Should the employee fail to submit payment on a timely basis, the Personnel Department will send the employee a reminder notice. Coverage in any plan will be dropped if the employee is more than 30 days late in making a premium payment.
12.1.5 Status of Employees on Authorized Leaves of Absence An authorized leave of absence does not represent a break in employment for a regular part-time employee. Such an employee retains all accrued vacation, sick leave, and other rights existing at the time the leave of absence begins. However, only active part-time service shall count towards accumulated seniority or to benefits that accrue according to time of service (including vacation and sick leave). Vacation, sick leave, holiday, and merit step salary increases and/or incentive increases do not accrue to an employee on leave during the period of such leave. An employee returning from leave of absence returns to the same salary step or relative placement in the pay range existing at the time when the employee returns to work.
Upon the recommendation of the Department Director and at the discretion of the City Manager, a probationary part-time employee who has been granted an authorized leave of absence during the probationary period may be granted an extension of his or her probationary period by written agreement signed by the City Manager and the employee.
12.2 Bereavement Leave
Paid bereavement Leave of up to five (5) days, or a total of 40 hours (prorated based upon regular work schedule) shall be provided to eligible regular part-time employees in the event of a death in the immediate family of the employee. In addition to the prorated five (5) days or 40 hours of paid bereavement leave, employees may use accrued unused vacation or sick leave to extend their bereavement leave up to a total of 59 prorated hours. At the discretion of the City Manager, additional time may be taken as vacation and/or sick leave or unpaid leave. For example a regular part-time employee who is regularly scheduled 30 hours per week would be eligible for a maximum of 31 hours of City paid bereavement leave in the event of a death in the immediate family of the employee.
The immediate family of an employee is defined as: parents, step-parents, parents-in-law, spouse, domestic partner, child, step-child, brother, sister, grandparents, grandchildren, brother/sister-in-law, son/daughter-in-law, or legal guardian. In special cases, the City Manager may approve a leave of absence for bereavement in other circumstances.
12.3 Jury Duty
The City provides jury duty leave with pay for all eligible regular part-time employees who are called upon to serve for court jury duty according to the following provisions:
An employee called for jury duty should immediately notify his/her department director by providing the jury summons indicating the date, time, and place.
If an employee is dismissed by the Court and three (3) hours or more remain in the workday, the employee is expected to report to work.
Employees' compensation for jury duty shall be limited to prorated pay based upon the regular work schedule and shall not exceed two weeks in duration. Employees whose jury service is in excess of two weeks may request to the City Manager for continued payment. Employees serving jury duty in excess of the above limit may use accrued unused vacation to continue pay.
12.4 Military Leave
The City shall comply with all State and Federal requirements regarding military duty leave.
12.5 Pregnancy Disability Leave (PDL)
Employees disabled due to pregnancy may be entitled to a leave of absence for the period of disability up to four months. Employees on PDL may utilize accrued unused sick leave and vacation during the leave period. The City shall comply with State and Federal laws.
12.6 Maternity and Paternity Leave
A maximum of five (5) prorated accumulated sick leave days may be granted to an employee whose spouse is disabled due to pregnancy related factors. The five-day maximum leave may be extended at the discretion of the City Manager. Employees may use accumulated vacation for purposes of maternity or paternity leave; and thereafter, employees are eligible for an unpaid maternity or paternity leave that extends the total leave, time both paid and unpaid, to three (3) months after the date on which the mother was able to resume her duties.
12.7 School Leave
Any employee who is a parent, guardian or grandparent having legal custody of one or more children in kindergarten or grades 1 through 12 or attending a licensed day care facility shall be allowed up to forty (40) prorated hours each school year, not to exceed eight (8) prorated hours in any calendar month of the school year, without pay, to participate in activities of the school of their child. Such employee must provide reasonable advance notice of the planned absence. The employee may use vacation to cover the absence. The City may require the employee to provide documentation from the school as verification that the employee participated in school activities on a specific date and at a particular time. If both parents, guardians and grandparents having custody, work for the City at the same work site, only the first parent requesting shall be entitled to leave under this provision.
12.8 Family and Medical Leave Act of 1993
The parties acknowledge the applicability of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and intend to apply and implement this MOU so as to comply with both State and Federal Law.
12.9 Voting Leave
Consistent with the provisions of California law, employees shall be granted sufficient time to vote during municipal, primary, and general elections.
Article 13. Sick Leave
All regular part-time employees shall accrue paid sick leave beginning on the first day of employment, at a rate of one (1) hour for every thirty (30) hours worked, in accordance with California Labor Code § 246. Employees are eligible to begin using accrued sick leave after their 90th day of employment.
Alternatively, the City may apply a front-loaded or monthly accrual method provided it meets or exceeds state law requirements.
Sick leave is to be used only for illness, injury or medical appointment (or under limited circumstances, a death in the immediate family).
The immediate family of an employee is defined as: parents, step-parents, parents-in-law, spouse, domestic partner, child, step-child, brother, sister, grandparents, grandchildren, brother/sister-in-law, son/daughter-in-law, or legal guardian.
After three consecutive sick days the City may require an employee to submit a doctor's statement and/or other reasonable verification stating the reason for the sick leave request.
13.1 Accumulation of Sick Leave
If an employee has 2080 hours (one year) of accrued unused sick leave, the employee shall cease earning sick leave until such time as their unused balance falls below 2080 hours.
13.2 Exhaustion of Sick Leave
In cases where an employee's request for sick leave would ordinarily be approved, but the employee has no accrued unused sick leave, the employee's vacation leave shall be charged for the sick time. If the employee has no accrued unused vacation time, then the employee may be placed on authorized unpaid leave.
13.3 Notification
Employees who are unable to report for work due to an illness or injury shall notify his or her supervisor (or designee) of their absence as early as reasonably possible but in no event later than the first one-half hour of their scheduled shift.
13.4 No Cash out
At time of termination, employees shall not be permitted to cash out accrued unused sick leave.
Article 14. Vacation Leave
14.1 Accrual Rate
Eligible regular part-time employees shall earn vacation every pay period at the following annualized rate, prorated based upon their regular work schedule.
Start through 4 years of service – 96 hours
5 years through 9 years of service – 120 hours
10 through 15 years of service – 144 hours
16 through 19 years of service – 160 hours
20 years plus of service – 176 hours
Ex.: A regular part-time employee with seven years of service who is regularly scheduled to work 30 hours per week earns vacation at the annual rate of 90 hours. The vacation leave accrual prorated rates are effective upon adoption of this agreement by the City Council.
14.2 Accumulation
If employees reach 280 hours of accrued unused vacation, they shall cease earning any vacation until their vacation accrual falls below 280 hours. No vacation may be earned by an employee on an unpaid leave.
14.3 Newly Hire Probationary Employees
Newly hired employees will serve a probationary period for their first twelve (12) months of employment. Upon completion of the twelve month period the new employee's seniority date of hire will revert back to his/her first date of hire within the previous twelve (12) month period.
Probationary employees shall earn vacation at the same rate as non-probationary employees; however, probationary employees shall not be permitted to take vacation during their first six months of employment. If a probationary employee terminates prior to six months they shall receive their accrued unused vacation as cash payout at the time of termination.
Article 15. Grievance Procedures and Discipline
Discipline and Discharge
The City may discharge or suspend a non-probationary regular part-time employee for just cause. Discipline shall ordinarily be progressive in nature- oral reprimand, written warning, suspension, demotion, termination, etc., except in cases where the conduct of the employee warrants that earlier steps of progressive discipline be omitted. Causes for disciplinary action shall include but are not limited to the following:
Fraud or dishonesty in securing appointment;
Unacceptable job performance; inefficiency, inexcusable neglect of duty or failure to perform duties; Insubordination;
Dishonesty;
Possession of a container of alcohol where the seal is broken; use of alcohol on the job: being under the influence of alcohol or drugs while working; possession of illegal drugs on duty or a violation of the City drug and alcohol policy; Violation of City or departmental rules;
Misuse or misappropriating of City property or funds;
Negligence or misconduct resulting in damage to public property or waste of public supplies; Failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment; Discourteous or non-cooperative treatment of the public or other City personnel; Acceptance of gifts or gratuities in exchange for the performance of services, functions and duties for which the employee is retained by the City; Conviction of a crime which may impact the employee’s job duties; Engaging in any employment, activity or enterprise, which is inconsistent, incompatible, or in conflict with the employee's performance of duties for which the employee is retained by the City; Failure to maintain required licenses and certificates; Failure to maintain eligibility for vehicle insurance coverage where driving is a requirement of the job classification. For purposes of this section "driving is a requirement of the job classification" when the job description for the classifications lists a driver's license as one of the requirements of the position; Unauthorized disclosure of confidential information;
Absence from work without approval.
The City shall have the right to make reasonable rules and regulations and to change such rules and regulations, provided such rules and regulations are not in conflict with any of the provisions of this MOU.
The City reserves the right to require an employee who is reasonably suspected of being under the influence of alcohol or drugs while working to take an alcohol and/or drug test. Refusal to take the test will result in immediate termination. The City will bear the cost of any such test if not otherwise covered by insurance.
Non-probationary employees may utilize the grievance procedure to challenge disciplinary actions.
15.2 Definition of a Grievance
A grievance is defined as a claim or dispute with the City by the Union, an employee or group of employees, involving an alleged violation by the City of the terms of this MOU. All grievances shall be handled strictly in accordance with this Grievance procedure, unless otherwise mutually agreed upon. Employees are encouraged to discuss all work related problems and seek resolution of those problems with their supervisor.
Step 1.
The Union shall have the right to present to the City in writing, within ten (10) working days from the time of the occurrence giving rise to the dispute, a grievance setting forth any claim, dispute or grievance arising under this MOU which the Union believes the City has violated. If the employer has not received a written grievance within ten (10) working days, the matter will be deemed waived and cannot be grieved any time in the future, and will not be subject to the arbitration procedure set forth in this section at any time in the future. However, the City and Union may mutually agree in writing to extend beyond ten (10) working days the Union's time to present a written grievance.
Step 2.
The parties will meet within ten (10) working days following the City's receipt of the written grievance. For the purpose of preparing for the grievance procedure, the parties will cooperate by providing any supporting documents that exist that are relevant to their position. The City will provide a written answer to the grievance within fifteen (15) working days after said meeting.
Step 3.
In the event the grievance is not resolved, the parties may jointly agree to submit the dispute to grievance mediation. Said mediation to take place at a mutually agreed upon time not to exceed twenty (20) days following the last grievance meeting, unless such time limits are extended by mutual agreement between the parties. The grievance mediation will be conducted by the State Mediation and Conciliation Service.
Step 4.
If neither party requests grievance mediation then in order to proceed to arbitration the Union must request arbitration within five (5) calendar days of the City's response in Step 2 or the date of the failed mediation. Except that discipline of a written reprimand shall not be subject to arbitration but shall stop at either step 2 or step 3.
15.3 Advisory Arbitration
Section 1.
If arbitration is requested in accordance with the above requirements, the parties shall attempt to reach agreement upon selection of an arbitrator. If the parties are unable to agree upon an arbitrator within five (5) working days from the date of the request or agreement to arbitrate, either party may request the State Mediation and Conciliation Service to submit a list of arbitrator's names from which to select an arbitrator. The parties shall then alternate striking in sequence until only one name remains. The person whose name remains on the list shall be the arbitrator.
Section 2.
Any dispute which is based on the events that occur after the termination of the MOU is expressly excluded from the jurisdiction of the arbitrator, unless the parties agree otherwise.
Section 3.
No one arbitrator shall have more than one (1) grievance submitted to them, and under consideration by them, at any one time unless the parties hereto otherwise agree in writing. A grievance shall be deemed under consideration by an arbitrator until the arbitrator has rendered a decision in writing.
Section 4.
On all non-disciplinary issues heard by an arbitrator, the decision and award of the arbitrator, within the limits herein described, shall be final and binding on the parties. For all disciplinary appeals heard by an arbitrator, the decision and award of the arbitrator, within the limits herein described, shall be final and binding on the parties.
Section 5.
The arbitration fees, expenses, and administrative fees, shall be shared equally by the parties. Each party will bear its own legal expenses and costs incidental to the presentation of this case.
Article 16. Benefits
16.1 Retirement
The City agrees to keep in effect the terms of its current Retirement Plan with CalPERS. Regular part-time employees shall receive the Public Employees Retirement System (PERS) benefit of 2% at age 55. The final compensation is the monthly average of the member's highest 36 consecutive month's full-time equivalent monthly pay (no matter which CalPERS employer paid this compensation). The standard benefit available to all members is 36 months. Any unused sick leave accumulated at the time of retirement (only from the City of Hercules) will be converted to credited service at a rate of .004 years of service for each day of sick leave.
Teamsters employees hired prior to January 1, 2013 will pay the employee percentage of PERS contributions. The current total employee percentage is 7%. Effective October 21, 2018 or upon the signing of the CalPERS contract amendment, employees will pay an additional 3% to be applied to the Employer CalPERS Contribution Rate. Upon separation, the employee will retain the 3% employee for employer contribution in the CalPERS retirement plan.
The PERS benefit formula and percentages paid by any Teamster employee hired on or after January 1, 2013 who are not already in a PERS recognized retirement system will change, in accordance with AB 340, signed into law on September 12, 2012. Teamsters employees hired on or after January 1, 2013 shall receive the PERS benefit formula of 2%@62, and shall pay the employee percentage of the PERS contribution at 6.25%. Effective October 21, 2018 or upon the signing of the CalPERS contract amendment, employees will pay an additional 3% to be applied to the Employer CalPERS Contribution Rate. Upon separation, the employee will retain the 3% employee for employer contribution in the CalPERS retirement plan.
Final compensation is based on the employee’s highest annual compensation earnable averaged over a consecutive 36-month period.
16.2 Deferred Compensation Program
Eligible part-time employees may make voluntary contributions to the International City/County Management Association (ICMA) 457 Deferred Compensation Plan through payroll deduction subject to the limits, policies and conditions established by the ICMA and Federal Tax laws.
Article 17. Health and Welfare
Medical, Dental and Vision
The City’s contribution towards the employee’s health premium will equal the Kaiser rate for the prior calendar year plus the first 4% of the rate increase at each level of coverage. The employee shall contribute a maximum of up to 2% of the rate increase and the City will be responsible for rate increases above 6%.
The City will pay its share of the current Kaiser coverage as described above for employee-only for regular part-time employees working a minimum of 30 hours per week. Part-time employees working at least 20 hours per week prior to July 1, 2012 shall continue to receive benefits as outlined in the Memorandum of Understanding prior to this date.
The City will pay dental and vision insurance premiums for eligible regular part-time employees working 25 hours per week or moe on a prorated basis. For example, a regular part-time employee who is scheduled to work 30 hours per week (3/4 time) would be required to pay 25% of the premium for the dental and visions insurance.
If an employee chooses a health plan other than Kaiser the employee is responsible for the difference in premium. The excess amount over the Kaiser Rate will be deducted through payroll deductions through 24 pay periods. If the employee fails to pay the difference in premium their health insurance is subject to cancellation.
During the term of this Agreement, the City agrees that it will continue to provide the existing health insurance to eligible regular part-time employees.
Article 18. Parks and Recreation Credits and Child Care Enrollment This program has been suspended for the term of this MOU.
Article 19. Computer Loan Program
Eligible Employees: Regular part-time employees that have completed their initial one year probationary period with the City. Employee must maintain a balance of up to 40 hours of vacation until the loan is paid in full. The hours employee must maintain will vary depending on the amount borrowed.
Maximum Loan Amount: The City will loan employees a maximum of $400.00 for the purchase of computer hardware and software. Employees may not have more than one loan outstanding at any time. If the purchase exceeds, $400.00 the remainder of the purchase is the responsibility of the employee. All loans are to be paid within a two year period.
Interest: No interest will be charged by the City on loans under this program.
Article 20. Workers Compensation
When an employee is on a leave of absence due to a worker's compensation claim all medical insurance will continue to be in force at no cost to the employee as long as the employee is on a City paid leave of absence.
Article 21. Seniority
Upon completion of the probationary period as defined in Article 14.3 an employee will attain seniority. Seniority shall be defined as the employee's length of service with the City, less any breaks in service (which includes unpaid leaves of absences), beginning from the date of hire to a job classification within the City.
In January of each year the City will post a seniority list in each department with the name, classification and date of hire for all employees. If any employee has an objection to their seniority date they must notify the City and the Union within thirty (30) days of posting of the seniority list.
Article 22. Reduction in Force
In the event the City determines that it is necessary to make a reduction in force due to reduction in revenue or reduction in work, the City shall notify the Union in writing not less than 30 days prior to the proposed effective date of the reduction. Upon request from the Union, the City shall promptly meet and confer in good faith pursuant to California Government Code Section 3500 et. seq. including but not limited to layoff and recall procedures. Once a tentative agreement has been reached, the parties shall recommend to the City Council and membership the adoption of the tentative agreement. If the City and the Union cannot agree on a procedure for the reduction in force, the issue will be submitted to the State Mediation Service for a recommended resolution.
Article 23. Layoff and Recall
A regular part-time employee may be laid off, without prejudice, due to lack of funds or curtailment of work. No regular part-time employee, however, may be separated or laid off while there are temporary employees serving in the same class or position in the City service, unless that employee has been offered the temporary work.
When a Department Director is instructed by the City Manager to reduce the number of employees, layoff shall be made in accordance with the following rules below, (1) through (5) inclusive:
Layoffs shall be by job classification according to reverse order of seniority as defined by total full time City service.
The employee to be laid off may displace the least senior employee in the lateral or next lower classification in which the employee previously held permanent status, provided the displaced employee has less total City service. Total City service means as a part-time employee.
An employee may demote or transfer to a vacant position in a classification for which the employee possesses the necessary skills as determined by the minimum qualifications and job specifications for the position.
The name of each laid off employee shall be entered, in order of seniority, on a Re-employment List for two (2) years.
A former employee appointed from a re-employment eligibility list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits, and credit for years of service. However, a reemployed employee shall not be eligible for benefits for which she/he received compensation at the time of, or subsequent to the date the employee was laid off.
Article 24. Americans with Disabilities Act (ADA)
The City and the Union recognize that the City has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the work place because of a disability. If the City contemplates actions to provide reasonable accommodation for an individual employee, in compliance with the ADA, but the actions are in potential conflict with any provision of this MOU, the Union will be advised of any such proposed accommodation prior to implementation by the City.
The City will comply with all Federal and State requirements regarding Americans with Disabilities Act.
Article 25. Separability of Provisions
Should any section, or clause or provision of this MOU be 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 MOU. In the event of such invalidations, the parties agree to meet and confer concerning substitute provision for the provisions rendered or declared illegal.
Article 26. No Strike or Lockout
During the term of this Agreement the Union agrees that there shall be no strike, slowdown or other concerted withholding of services from the City. The City agrees that during the term of this Agreement there shall be no lockout of employees.
Article 27. Management Rights
Except as limited by the express terms of this Memorandum of Understanding, the City retains all rights to manage all of the operations of the City.
Article 28. Miscellaneous Provisions
Short Term and Long Term Disability
The City agrees to continue its long term and short term disability insurance plan for the life of this agreement.
Employee Assistance Plan
The City agrees to continue an Employee Assistance Counseling Program for employees. Individuals eligible for coverage include employees and their household members. The term household members encompasses anyone living in the employee's household and can include, as examples, domestic partners, grandparents, siblings or grandchildren.
Drug and Alcohol Policy
Hercules' policy is designed to promote a drug-free workplace and to comply with appropriate state and federal law.
In recognition of the public service responsibilities entrusted to the employees of Hercules, and because drug and alcohol usage can hinder a person's ability to perform duties safely and effectively, the City has adopted a policy on drug and alcohol testing. Please refer to your policies and procedures manual for a detailed outline of this policy.
Article 29. Term
The term of this agreement shall be from July 1, 2024 through June 30, 2025.
ATTACHMENT A
Position
Status
Aquatics Pool Manager
Non-Exempt
Recreation Aide
Non-Exempt
Recreation Leader I/II
Non-Exempt
Recreation Leader III
Non-Exempt
Office Assistant I
Non-Exempt
Office Assistant II
Non-Exempt
Parking Enforcement Officer
Non-Exempt
Recreation Specialist
Non-Exempt
CITY OF HERCULES
__________________________________ __________________________ Dante Hall Date
City Manager
TEAMSTERS LOCAL 315
_________________________________ __________________________ Eric Wright
Negotiator Signature Date
_________________________________ __________________________ Glenn Moniz
Negotiator Signature Date
_________________________________ __________________________ Nick Berry
Negotiator Signature Date
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