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EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous

Pacifica City Council
July 10, 2023

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EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous
Meeting
July 10, 2023
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Pacifica City Council
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Text extracted from the city's file for reading and search. Open the original on pacificacityca.iqm2.com. That file is the official record.

City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
Tentative Agreement Between City and Teamsters Local 856—Miscellaneous Bargaining Unit
The City and Teamsters Miscellaneous:

Principal Terms:

1. Two-year term.

2. 2% general wage increase each year for the term of the proposed MOU.

3. Equity Adjustments in Both Years

4. 2% Deferred Compensation Contribution

5. Continuation of Health Fringe Contributions

6. Other Non-Economics…
Item
#
Article Proposal

1. Term of Agreement July 1, 2023-June 30, 2025

2. Section 7. Pay Plan
Wage Adjustments and
Equity Increases
Strike Section 7.2 and 7.4, then replace with:

7.2.1 2023-2024 Salary Schedule
Effective July 1, 2023, or the first full pay period following City Council approval of this MOU, the City shall improve the salary schedule for all bargaining unit classifications by two percent (2%).

Effective the first full pay period in July 2024, a base wage increase of (2%) two percent shall be made to salary schedule.

7.4 One_Time Lump Sum Payment Equity Adjustments
Effective the first full pay period following City Council approval of this MOU, the City shall provide the equity adjustments to the following classifications:

Below
Market
Classification Equity
Adjustment
5-10% Accounting Technician II
Assistant Civil Engineer
Community Service Officer – PD
Info System and Technology
Analyst
Maintenance Worker I/II
Mechanic
Police Records Clerk
1%
City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
Below
Market
Classification Equity
Adjustment
10-15% Administrative Assistant
Community Services Coordinator
Equipment Operator
Food Services Coordinator
Lead Ranger/Ranger
Public Works Supervisor
Recreation Coordinator
Transportation Specialist
2%
15-20% 3%
+20% Child Care Assistant Supervisor
Child Care Site Coordinator
Childcare Teacher II
Permit Technician
4%
Effective July 1, 2024, the City shall provide the equity adjustments to the following classifications:

Below
Market
Classification Equity
Adjustment
5-10% Accounting Technician II
Assistant Civil Engineer
Community Service Officer – PD
Info System and Technology
Analyst
Maintenance Worker I/II
Mechanic
Police Records Clerk
1%
10-15% Administrative Assistant
Community Services Coordinator
Equipment Operator
Food Services Coordinator
Lead Ranger/Ranger
Public Works Supervisor
Recreation Coordinator
Transportation Specialist
2%
15-20% 3%
+20% Child Care Assistant Supervisor
Child Care Site Coordinator
Childcare Teacher II
Permit Technician
4%
City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023

3. Section 18.11
Deferred Compensation
Effective the first full pay period after City Council ratification of the MOU, the City shall contribute up to two percent (2%) of each bargaining unit represented employee’s base pay matching contribution to each bargaining unit represented employee’s selected 457 Deferred Compensation account.

The City’s up to 2% matching contribution to the employees 457 Deferred Compensation account ceases as of the last pay period in June 2025.

4. Section 18.1.1. Health and
Welfare Parties agree to finalize language. However, the intent is that City will continue Fringe Benchmark with Kaiser in 2024 and 2025.

The cost of employee contribution to Kaiser Family Plan will not increase unless a rate increase of 6% occurs in a calendar year.

5. DRIVE ACT
(New Section)
Additional language to be added to Section 2
The City is currently engaged in changing Pay-roll providers. If the City’s new Pay-roll provider can provide the following pay-roll deductions with no additional cost, the City agrees to the following:

TEAMSTERS’ D.R.I.V.E. PROGRAM - (Democrat,
Republican, Independent, Voter Education.)
To provide payroll deductions for those members who
voluntarily elect to participate in the Teamster DRIVE
program (civic engagement for voter registration and political education),
D.R.I.V.E., or Democrat, Republican, Independent Voter
Education, is the Teamsters’ political action committee.

D.R.I.V.E is non-partisan and independent from any political party. D.R.I.V.E. is supported through voluntary
contributions from Teamster members. Such donations are not U.S. Tax Deductible.

City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
The employer agrees to deduct from the paycheck of all
employees covered by this agreement voluntary contributions to D.R.I.V.E. D.R.I.V.E shall notify the employer of the amounts designated by each contributing employee that are to be deducted from their paycheck on a weekly basis for all weeks worked. The employer shall transmit to DRIVE
national headquarters on a monthly basis, in one (1) check the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's social security number and the amount deducted from that
employee's check.

The Union agrees to hold the Employer harmless from loss of any judgment of a court of competent jurisdiction and from any order of the Labor Commissioner or agency of
government in connection with or arising out of any
deduction made pursuant to this Agreement.

The City agrees to further discuss possible implementation after the new payroll provider is selected.

6. Personnel File
(Section Added to Section
23)
New Section 23. 1:

The employees official personnel file shall be maintained by the Human Resource Office. Employees shall have the right to review the contents of their official file upon request. Nothing may be removed from the file by the employee, but copies of the contents shall be provided at the employee’s request.

An employee shall have the opportunity to review, sign and date any and all adverse material to be included in the file. The employee may also attach a response to such materials within thirty (30) days of receipt. With the exception of routine payroll and personnel administration documents, all material in the file must be signed and dated by the author. The employee may include material relevant to the employee’s performance of assigned duties in the file.

Upon request of the employee, material relating to disciplinary action which are four (4) or more years old may be removed from the employee personnel file provided the employee has had no subsequent disciplinary action since the date of such prior action.

Performance evaluations are excluded from this provision.

City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023

7. Section 7.6
(CDL Training
Reimbursement)
The City shall continue to reimburse employees for the costs associated with obtaining and maintaining a commercial driver’s license, including the cost of renewal and any associated course work required. Applications, testing and processing for a CDL shall be done during normal work hours with compensation at the applicable rate.

8. Section 11
Update to Meal
Allowance
Unit represented employees required to work more than three (3) hours beyond their shift shall be reimbursed for the cost of a meal to a maximum of twenty dollars ($20.00). The time taken to eat the meal shall be without pay. The meal allowance shall not apply to scheduled overtime, which for the purposes of this meal allowance provision, shall be deemed to be all overtime for which 48 hours prior notice was provided.

9. FLSA Overtime
Section 10.2
New language will be added section 10.2 Definition:

Except as otherwise specified in this MOU, all overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA) and include all pay not excluded by 29 USC Section 207(e).

No existing language will be deleted.

10. Section 6
(Labor Management
Committee Updates)
The City and Union will form a Labor Management Committee framework for the Teamsters Miscellaneous Unit to meet
quarterly to review issues of concern. Representatives of all classifications in the bargaining units may participate in the Labor Management Committee and appropriate
representatives from management may participate in the
Labor Management Committee when agenda items include
their departments.

To address the City’s interest in creating efficiencies, increasing and saving revenue, enhancing its talent development efforts, including creating leadership and promotional opportunities for unit represented employees, and providing a voice for all employees, the parties agree to meet within 30 days of Council approval of the 2018 2023 revisions to the MOU to start discussing options for beginning the process of improving these efforts and opportunities

11. Section 24
(Grievance Update)
New Language to Be Inserted:

Step 1. Immediate Supervisor. A grievance may be filed by a unit member in his/her own behalf, or jointly by a group of unit represented employees, or by the Union.

Within fourteen (14) calendar days of the event giving rise to a grievance, the aggrieved shall present the grievance in writing to City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
his/her immediate Supervisor. Grievances not presented within the time period shall be considered resolved. The grievance shall state the particulars of the grievance, including the specific provision of this Memorandum of Understanding allegedly violated, and the desired remedy.

The Supervisor shall meet with the grievant to attempt to settle the grievance and give a written answer to the aggrieved within seven (7) calendar days from the receipt of the grievance by the Supervisor.

Step 2. Department Director. If the grievance is not resolved in Step 1, the aggrieved may, within fourteen (14) calendar days from receipt of the Supervisor's written answer, present the grievance in writing to the department director for consideration. The department director shall investigate the issues, meet with the grievant and attempt to reach a satisfactory resolution of the problem. Answer to the grievance shall be made in writing by the department director within fourteen (14) calendar days from receipt of the grievance.

Step 3. City Manager. If the grievance is not resolved in Step 2, the aggrieved may, within five (5) calendar days from receipt of the department director's answer, present the grievance in writing to the City Manager for consideration. The City Manager shall designate the Assistant City Manager or other representative to investigate the merits of the grievance, to meet with the grievant, and to attempt to settle the grievance or to make recommendations to the City Manager. The City Manager shall respond in writing within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 24 unless it has been filed in accordance with Sections 24.2.1 through 24.2.3.

Step 4. Arbitration. In the event the City Manager is unable to resolve the Grievance, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. Notice of arbitration must be received within 10 calendar days after receipt of the City Managers decision in

24.2.31. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own representation, including preparation and post-hearing briefs, if any. Decisions of 1 City and Union Agree to adjust the numbering of sections upon final completion MOU City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California. Prior to arbitration, the City and Union may mutually request the assistance of a Mediator to attempt to settle the grievance.

The arbitrator or mediator may be selected by mutual agreement between the Union and the City. Should the parties fail to mutually agree on an arbitrator/mediator, they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators/mediators. The Parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.

12. Non-Economics Parties agree to make technical corrections to MOU. This will include language to ensure future pay stubs will include monthly and hourly rate.

This Total Package Proposal includes any previously signed Tentative Agreements.

The City reserves the right to add additional proposals if authorized by the Mayor and City Council.

For the City__________________________
Yulia Carter
For Teamsters 856 ______________________
Mark Leach

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