4935-3436-7098 v1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PACIFICA
AND
MANAGEMENT EMPLOYEES TEAMSTERS LOCAL 350
JULY 1, 2023 2025 THROUGH JUNE 30, 20252028
4935-3436-7098 v1 i
TABLE OF CONTENTS
Page
Section 1. Recognition .....................................................................................................................1
1.1 Union Recognition ...................................................................................................1
1.2 City Recognition ......................................................................................................1 Section 2. Organization Security......................................................................................................1
2.1 Dues Deduction........................................................................................................1 Section 3. City Rights.......................................................................................................................3 Section 4. No Discrimination...........................................................................................................3 Section 5. Union Representatives.....................................................................................................3
5.1 Attendance at Meetings by Unit Members................................................................3
5.2 Access to Work Locations ........................................................................................4
5.3 Use of City Facilities................................................................................................4
5.4 Use of Bulletin Boards.............................................................................................4
5.5 Advance Notice ........................................................................................................4
5.6 Access to New Employee Orientation ......................................................................5 Section 6. Pay Plan ..........................................................................................................................6
6.1 Salary .......................................................................................................................6
6.1.1 2025-2026 Unit Represented Employees in Miscellaneous Classifications Salary Schedule............................................................ 6
6.1.2 2026-2027 Unit Represented Employees in Miscellaneous Classifications Salary Schedule ........................................................... 8
6.1.3 2027-2028 Unit Represented Employees in Miscellaneous Classifications....................................................................................... 9
6.1.4 9
6.2 Total Compensation Surveys..................................................................................10
6.3 Salary for New Employees.....................................................................................10
6.4 Pay Days................................................................................................................10
6.5 Salary Range and Evaluation.................................................................................10
6.6 Exceptional Contribution Adjustment ....................................................................11
6.7 Salary Upon Transfer or Promotion ......................................................................11
6.8 Work Out of Classification.....................................................................................11
6.9 Commercial Driver’s License Pay .........................................................................12 Section 7. Retirement .....................................................................................................................12
7.1 City's Contract with CalPERS ...............................................................................12 4935-3436-7098 v1 ii
7.2 Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers) ................................................................................................................12
7.3 Miscellaneous Tier One: 2.5% at 55 Retirement Program - Miscellaneous Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Represented Employees Qualified for Reciprocity (Classic Member)...................................................................................................13
7.3.1 2.5% at 55 Pension Formula .............................................................. 13
7.3.2 Final Compensation Based On 12-Month Period............................... 13
7.3.3 Required Bargaining Unit Represented Employee
Contributions...................................................................................... 13
7.3.3.1. Miscellaneous bargaining unit represented employees covered by this Section 7.4 shall continue to pay,
through payroll deduction, the 8.0% member
contribution............................................................................ 13
7.3.3.2. Pension Cost Sharing............................................................. 13
7.4 Miscellaneous Tier Two: PEPRA Retirement Tier Required For Miscellaneous Bargaining Unit Represented Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not A Classic Member) ................................................................................................................................13
7.4.1 2% at 62 Pension Formula ................................................................. 14
7.4.2 Final Compensation Based On 36-Months......................................... 14
7.4.3 Required Bargaining Unit Represented Employee
Contributions...................................................................................... 14
7.4.3.1. As required by Government Code Section 7522.04(g), effective January 1, 2013, miscellaneous bargaining
unit represented employees covered by this Section
7.5 shall pay, through payroll deduction, fifty percent (50%) of normal costs. .......................................................... 14
7.4.3.2. Pension Cost Sharing ............................................................. 14
7.5 Safety Tier One: Safety 3.0% at 55 Retirement Program - Safety Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Safety Unit Represented Employees Eligible for Reciprocity ..............................14
7.5.1 3% at 55 Pension Formula ................................................................. 14
7.5.2 Final Compensation Based On Twelve Month Period....................... 14
7.5.3 Required Safety Bargaining Unit Represented Employee Contribution........................................................................................ 14
7.5.4 Additional Required Safety Bargaining Unit Represented Employee Contribution...................................................................... 15
7.6 Safety Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013 ................................15
7.6.1 2%@50- 2.7% @57 Pension Formula ............................................ 15 4935-3436-7098 v1 iii
7.6.2 Final Compensation Based On Three Year Average.......................... 15
7.6.3 Required Unit Represented Employee Contribution ....................... 15
7.6.4 Additional Required Safety Bargaining Unit Represented Employee Contribution...................................................................... 15
7.7 Implementation of Internal Revenue Code Section 414(h)(2)................................16
7.8 PARS Plan For Unit Represented Employees Hired Before July 1, 2012.............16
7.9 Definition of Status Quo Ante ................................................................................16 Section 8. Anniversary Date ..........................................................................................................16 Section 9. Hours of Work ...............................................................................................................16
9.1 The regular workweek for full-time employees shall consist of forty (40) hours. .....................................................................................................................16 Section 10. Layoff...........................................................................................................................16 Section 11. Holidays and Vacations ..............................................................................................17
11.1 Authorized Holidays...............................................................................................17
11.1.1 Longevity/Holidays............................................................................ 18
11.2 Eligibility................................................................................................................18
11.3 Vacation Credits Accrual.......................................................................................18
11.4 Time Charged.........................................................................................................19
11.5 Vacation Credits Advance......................................................................................19
11.6 Vacation Scheduling and Accumulation ................................................................19
11.7 Sick Leave During Vacation ..................................................................................19
11.8 Return of Vacation .................................................................................................19
11.9 Separation from Service.........................................................................................20 Section 12. Sick Leave....................................................................................................................20
12.1 Sick Leave Plan......................................................................................................20
12.1.1 Accrual............................................................................................... 20
12.1.2 Usage.................................................................................................. 20
12.2 Incapacity to Perform Duties.................................................................................21
12.3 Sick Leave at Retirement........................................................................................21
12.3.1 Receive pay for twenty-five percent (25%) of their accumulated sick leave credit, not to exceed Three Thousand Dollars ($3000). Such pay shall be computed at the rate of pay on the date of retirement (see NOTE below); or................................ 21
12.3.2 Convert one hundred percent (100%) of their accumulated sick leave credit to additional CalPERS retirement service credit under the provisions of Government Code Section 20965. ............... 21
12.4 Sick Leave at Termination .....................................................................................21 4935-3436-7098 v1 iv
12.5 Catastrophic Illness or Injury Time Donation Program .......................................21
12.6 Family Illness Leave ..............................................................................................21
12.7 Family Care & Medical Leave ..............................................................................22
12.7.1 Eligibility ........................................................................................... 22
12.7.2 Family Care and Medical Leave Entitlement .................................... 22
12.7.3 Family Care and Medical Leave To Care for a Covered Servicemember with a Service Injury or Illness................................ 23
12.7.4 Pay Status and Benefits...................................................................... 23
12.7.5 Relationship of Family Care and Medical Leave to Other Leaves................................................................................................ 23
12.7.6 Notice to the City............................................................................... 23
12.7.7 Medical Certification ......................................................................... 24
12.7.8 Minimum Duration of Leave ............................................................. 24
12.7.9 Dual Parent Employment................................................................... 25
12.7.10 Employee's Status on Returning from Leave..................................... 25
12.8 Pregnancy Disability Leave ...................................................................................25
12.8.1 Notice to City ..................................................................................... 25
12.8.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave.................................................................................................. 25
12.8.3 Health and Welfare Benefits.............................................................. 26
12.8.4 Employee Status................................................................................. 26
12.8.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves..................................................................................... 26
12.9 Jury Duty................................................................................................................26
12.10 Military Leave26
12.11 Campaign Leave ....................................................................................................26
12.12 Leave of Absence Without Pay ...............................................................................27
12.13 Bereavement Leave................................................................................................27
12.13.1 If the service is within the Bay Area (i.e., Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo,
Santa Clara, Sonoma Counties) not to exceed a maximum
of three (3) working days............................................................... 27
12.13.2 If the service is outside the Bay Area, not to exceed a maximum of five (5) working days. Said bereavement leave is not to be charged to sick or vacation leave..................................... 27
12.14 Absence Without Official Leave .............................................................................27
12.15 Administrative Leave for Unit Represented Employees.......................................28
12.16 Catastrophic Illness or Injury Time Donation Program........................................28 4935-3436-7098 v1 v
12.17 Industrial Disability Leave With Pay .....................................................................28 Section 13. Health and Welfare......................................................................................................28
13.1 Medical Insurance - City Contributions................................................................28
13.1.1 Health Insurance Premiums .............................................................. 29
13.1.2 Additional Premium Contributions for Unit Represented Employees Electing the Teamsters 856 Offered Medical
Plan/or the MOU Period Only......................................................... 30
13.1.3 Eligibility ........................................................................................... 30
13.1.4 Health In-Lieu Payment Plan ............................................................. 31
13.2 Dental, Orthodontia, and Vision ............................................................................31
13.2.1 Teamsters 856 Dental, Orthodontia, and Vision ................................ 31
13.2.2 City of Pacifica Self-Funded Dental Plan........................................... 31
13.2.3 City of Pacifica VSP Vision Plan....................................................... 31
13.3 Life and Disability Insurance.................................................................................31
13.3.1 Life Insurance .................................................................................... 32
13.3.2 Long-Term Disability Plan................................................................. 32
13.4 Domestic Partners Health Benefits........................................................................32
13.5 Coverage During Unpaid Leave ............................................................................32
13.6 Medical Flexible Spending Account.......................................................................32
13.7 Dependent Care Flexible Spending Account..........................................................32
13.8 Commuter Assistance Account...............................................................................32
13.9 Participation in Tax-Sheltered Annuities...............................................................33
13.10 Participation in IRS 457 Deferred Compensation Plan.........................................33 Section 14. Vehicle Use..................................................................................................................33
14.1 Reimbursement for Use of Private Vehicles...........................................................33
14.2 Use of City Pool, Specially Equipped, or Public Safety Vehicle............................34
14.3 No Car Allowance..................................................................................................34 Section 15. Uniform Allowance .....................................................................................................34
15.1 General Provisions................................................................................................34
15.2 Fire Department Uniforms....................................................................................35
15.3 Public Works Department & WWTP Uniforms......................................................35
15.4 WWTP Unit Represented Employees......................................................................35 Section 16. Tuition Reimbursement ...............................................................................................35 Section 17. Labor Management Committee ...................................................................................36 Section 18. Probationary Period ...................................................................................................36 4935-3436-7098 v1 vi
18.1 Duration.................................................................................................................36
18.2 Termination............................................................................................................36
18.3 Regular Status........................................................................................................36
18.4 Layoff .....................................................................................................................36
18.5 Transfer..................................................................................................................36
18.6 Promotions.............................................................................................................37 Section 19. Dismissal, Suspension or Demotion for Cause............................................................37 Section 20. Grievances...................................................................................................................37
20.1 Definition ...............................................................................................................37
20.2 Procedure...............................................................................................................37
20.3 No Change to Memorandum ..................................................................................38
20.4 Demotion, Suspension and Dismissal Grievances..................................................39
20.4.1 Letters of Reprimands........................................................................ 39
20.5 Compensation Complaints.....................................................................................39
20.6 Mutual Agreement on Changes..............................................................................39 Section 21. Separability of Provisions ...........................................................................................39 Section 22. Contracting Out...........................................................................................................39 Section 23. No Strike......................................................................................................................40 Section 24. Past Practices and Existing Memoranda of Understanding........................................40
24.1 Continuance ofworking conditions and practices notspecifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. ...........................................................................40
24.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Union............................40
24.3 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from adjustment Board or arbitration proceedings under Section 22)will be recognized unless agreed to by the City Manager and the Teamsters Local 350, provided that nothing herein shall prevent the City from adjusting past practices to conform with clear contract language. ........................................................................................40
24.4 All existing side letters that are not incorporated into this memorandum of Understanding shall terminate on the effective date of this Memorandum...........40 Section 25. Additional Provisions..................................................................................................40
25.1 Term of Agreement.................................................................................................40
25.2 Negotiations for a Successor Memorandum of Understanding .............................40 Section 1. Recognition .....................................................................................................................1
1.1 Union Recognition ...................................................................................................1 4935-3436-7098 v1 vii
1.2 City Recognition.......................................................................................................1 Section 2. Organization Security .....................................................................................................1
2.1 Dues Deduction........................................................................................................1 Section 3. City Rights.......................................................................................................................3 Section 4. No Discrimination...........................................................................................................3 Section 5. Union Representatives ....................................................................................................3
5.1 Attendance at Meetings by Unit Members...............................................................3
5.2 Access to Work Locations........................................................................................4
5.3 Use of City Facilities ...............................................................................................4
5.4 Use of Bulletin Boards.............................................................................................4
5.5 Advance Notice ........................................................................................................4
5.6 Access to New Employee Orientation......................................................................5 Section 6. Pay Plan..........................................................................................................................6
6.1 Salary .......................................................................................................................6
6.1.1 2023-2024 Unit Represented Employees in Miscellaneous Classifications Salary Schedule ........................................................... 6
6.1.2 2024-2025 Unit Represented Employees in Miscellaneous Classifications Salary Schedule ........................................................... 7
6.1.3 2023-2024 Safety Unit Represented Employees in Safety Classifications Salary Schedule ........................................................... 7
6.1.4 2024-2025 Unit Represented Employees in Safety
Classifications Salary Schedule ........................................................... 8
6.2 Total Compensation Surveys....................................................................................8
6.3 Salary for New Employees.......................................................................................8
6.4 Pay Days..................................................................................................................9
6.5 Salary Range and Evaluation ..................................................................................9
6.6 Exceptional Contribution Adjustment......................................................................9
6.7 Salary Upon Transfer or Promotion......................................................................10
6.8 Work Out of Classification.....................................................................................10
6.9 Commercial Driver’s License Pay.........................................................................10 Section 7. Retirement .....................................................................................................................10
7.1 City's Contract with CalPERS ...............................................................................10
7.2 Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers) ................................................................................................................11
7.3 Miscellaneous Tier One: 2.5% at 55 Retirement Program - Miscellaneous Bargaining Unit Represented Employees Hired On or Before December 31, 4935-3436-7098 v1 viii
2012 and Unit Represented Employees Qualified for Reciprocity (Classic Member).................................................................................................................11
7.3.1 2.5% at 55 Pension Formula .............................................................. 11
7.3.2 Final Compensation Based On 12-Month Period .............................. 11
7.3.3 Required Bargaining Unit Represented Employee
Contributions...................................................................................... 11
7.3.3.1. Miscellaneous bargaining unit represented employees covered by this Section 7.4 shall continue to pay,
through payroll deduction, the 8.0% member
contribution............................................................................ 11
7.3.3.2. Pension Cost Sharing............................................................. 12
7.4 Miscellaneous Tier Two: PEPRA Retirement Tier Required For Miscellaneous Bargaining Unit Represented Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not A Classic Member) ................................................................................................................................12
7.4.1 2% at 62 Pension Formula ................................................................. 12
7.4.2 Final Compensation Based On 36-Months........................................ 12
7.4.3 Required Bargaining Unit Represented Employee
Contributions...................................................................................... 12
7.4.3.1. As required by Government Code Section 7522.04(g), effective January 1, 2013, miscellaneous bargaining
unit represented employees covered by this Section 7.5
shall pay, through payroll deduction, fifty percent
(50%) of normal costs. .......................................................... 12
7.4.3.2. Pension Cost Sharing............................................................. 12
7.5 Safety Tier One: Safety 3.0% at 55 Retirement Program - Safety Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Safety Unit Represented Employees Eligible for Reciprocity................................12
7.5.1 3% at 55 Pension Formula ................................................................. 13
7.5.2 Final Compensation Based On Twelve Month Period....................... 13
7.5.3 Required Safety Bargaining Unit Represented Employee Contribution ....................................................................................... 13
7.5.4 Additional Required Safety Bargaining Unit Represented Employee Contribution...................................................................... 13
7.6 Safety Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013.................................13
7.6.1 2%@50- 2. 7% @57 Pension Formula .............................................. 13
7.6.2 Final Compensation Based On Three Year Average ......................... 14
7.6.3 Required Unit Represented Employee Contribution ......................... 14
7.6.4 Additional Required Safety Bargaining Unit Represented Employee Contribution...................................................................... 14 4935-3436-7098 v1 ix
7.7 Implementation of Internal Revenue Code Section 414(h)(2) ...............................14
7.8 PARS Plan For Unit Represented Employees Hired Before July 1, 2012.............14
7.9 Definition of Status Quo Ante ................................................................................15 Section 8. Anniversary Date ..........................................................................................................15 Section 9. Hours of Work ...............................................................................................................15
9.1 The regular workweek for full-time employees shall consist of forty (40) hours. .....................................................................................................................15 Section 10. Layoff...........................................................................................................................15 Section 11. Holidays and Vacations ..............................................................................................15
11.1 Authorized Holidays...............................................................................................15
11.2 Eligibility................................................................................................................16
11.3 Vacation Credits Accrual.......................................................................................16
11.4 Time Charged.........................................................................................................17
11.5 Vacation Credits Advance......................................................................................17
11.6 Vacation Scheduling and Accumulation ................................................................17
11.7 Sick Leave During Vacation ..................................................................................17
11.8 Return of Vacation .................................................................................................18
11.9 Separation from Service.........................................................................................18 Section 12. Sick Leave....................................................................................................................18
12.1 Sick Leave Plan......................................................................................................18
12.1.1 Accrual............................................................................................... 18
12.1.2 Usage.................................................................................................. 18
12.2 Incapacity to Perform Duties.................................................................................19
12.3 Sick Leave at Retirement........................................................................................19
12.3.1 Receive pay for twenty-five percent (25%) of their accumulated sick leave credit, not to exceed Three Thousand Dollars ($3000). Such pay shall be computed at the rate of pay on the date of retirement (see NOTE below); or................................ 19
12.3.2 Convert one hundred percent (100%) of their accumulated sick leave credit to additional CalPERS retirement service credit under the provisions of Government Code Section 20965. ............... 19
12.4 Sick Leave at Termination .....................................................................................19
12.5 Catastrophic Illness or Injury Time Donation Program .......................................19
12.6 Family Illness Leave ..............................................................................................20
12.7 Family Care & Medical Leave ..............................................................................20
12.7.1 Eligibility ........................................................................................... 20 4935-3436-7098 v1 x
12.7.2 Family Care and Medical Leave Entitlement .................................... 20
12.7.3 Family Care and Medical Leave To Care for a Covered Servicemember with a Service Injury or Illness................................ 21
12.7.4 Pay Status and Benefits...................................................................... 21
12.7.5 Relationship of Family Care and Medical Leave to Other Leaves................................................................................................ 21
12.7.6 Notice to the City............................................................................... 22
12.7.7 Medical Certification ......................................................................... 22
12.7.8 Minimum Duration of Leave ............................................................. 22
12.7.9 Dual Parent Employment................................................................... 23
12.7.10 Employee's Status on Returning from Leave..................................... 23
12.8 Pregnancy Disability Leave...................................................................................23
12.8.1 Notice to City..................................................................................... 23
12.8.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave.................................................................................................. 24
12.8.3 Health and Welfare Benefits.............................................................. 24
12.8.4 Employee Status................................................................................. 24
12.8.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves..................................................................................... 24
12.9 Jury Duty................................................................................................................24
12.10 Military Leave25
12.11 Campaign Leave ....................................................................................................25
12.12 Leave of Absence Without Pay...............................................................................25
12.13 Bereavement Leave ................................................................................................25
12.13.1 If the service is within the Bay Area (i.e., Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Sonoma Counties) not to exceed a maximum of three (3)
working days...................................................................................... 25
12.13.2 If the service is outside the Bay Area, not to exceed a maximum of five (5) working days. Said bereavement leave is not to be charged to sick or vacation leave. ...................................................... 25
12.14 Absence Without Official Leave.............................................................................25
12.15 Administrative Leave for Unit Represented Employees.........................................26
12.16 Catastrophic Illness or Injury Time Donation Program .......................................26
12.17 Industrial Disability Leave With Pay.....................................................................26 Section 13. Health and Welfare. ....................................................................................................26
13.1 Medical Insurance - City Contributions................................................................26
13.1.1 Health Insurance Premiums............................................................... 27 4935-3436-7098 v1 xi
13.1.2 Additional Premium Contributions for Unit Represented Employees Electing the Teamsters 856 Offered Medical
Plan/or the MOU Period Only ........................................................... 28
13.1.3 Eligibility ........................................................................................... 28
13.1.4 Health In-Lieu Payment Plan............................................................. 28
13.2 Dental, Orthodontia, and Vision............................................................................29
13.2.1 Teamsters 856 Dental, Orthodontia, and Vision................................ 29
13.2.2 City of Pacifica Self-Funded Dental Plan.......................................... 29
13.2.3 City of Pacifica VSP Vision Plan ...................................................... 29
13.3 Life and Disability Insurance.................................................................................29
13.3.1 Life Insurance .................................................................................... 29
13.3.2 Long-Term Disability Plan ................................................................ 30
13.4 Domestic Partners Health Benefits........................................................................30
13.5 Coverage During Unpaid Leave............................................................................30
13.6 Medical Flexible Spending Account ......................................................................30
13.7 Dependent Care Flexible Spending Account .........................................................30
13.8 Commuter Assistance Account...............................................................................30
13.9 Participation in Tax-Sheltered Annuities...............................................................31
13.10 Participation in IRS 457 Deferred Compensation Plan ........................................31 Section 14. Vehicle Use..................................................................................................................31
14.1 Reimbursement for Use of Private Vehicles ..........................................................31
14.2 Use of City Pool, Specially Equipped, or Public Safety Vehicle ...........................32
14.3 No Car Allowance..................................................................................................32 Section 15. Uniform Allowance .....................................................................................................32
15.1 General Provisions ................................................................................................32
15.2 Fire Department Uniforms ....................................................................................33
15.3 Public Works Department & WWTP Uniforms.....................................................33
15.4 WWTP Unit Represented Employees.....................................................................33 Section 16. Tuition Reimbursement ...............................................................................................33 Section 17. Labor Management Committee...................................................................................34 Section 18. Probationary Period ...................................................................................................34
18.1 Duration.................................................................................................................34
18.2 Termination............................................................................................................34
18.3 Regular Status........................................................................................................34
18.4 Layoff .....................................................................................................................34 4935-3436-7098 v1 xii
18.5 Transfer..................................................................................................................34
18.6 Promotions.............................................................................................................35 Section 19. Dismissal, Suspension or Demotion for Cause...........................................................35 Section 20. Grievances...................................................................................................................35
20.1 Definition ...............................................................................................................35
20.2 Procedure...............................................................................................................35
20.3 No Change to Memorandum..................................................................................36
20.4 Demotion, Suspension and Dismissal Grievances.................................................37
20.5 Compensation Complaints.....................................................................................37
20.6 Mutual Agreement on Changes..............................................................................37 Section 21. Separability of Provisions...........................................................................................37 Section 22. Contracting Out ..........................................................................................................37 Section 23. No Strike......................................................................................................................37 Section 24. Past Practices and Existing Memoranda of Understanding.......................................38 Section 25. Additional Provisions..................................................................................................38
25.1 Term of Agreement.................................................................................................38
25.2 Negotiations for a Successor Memorandum of Understanding.............................38 4935-3436-7098 v1 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF PACIFICA
AND
TEAMSTERS LOCAL 350 - MANAGEMENT UNIT
The Teamsters Local 350, representing Management Employees, and representatives of the City of Pacifica have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the representation unit, and have freely exchanged 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 is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500 et. seq.) and has been jointly prepared by the parties.
This Memorandum of Understanding shall be presented to the City Council as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 2023 2025 and ending June 30, 20252028.
Section 1. Recognition
1.1 Union Recognition
Teamsters Local 350, hereinafter referred to as the "Union" is the recognized employee organization for the Management Employees Unit, comprised of those classifications listed in Attachment A to this Agreement.
1.2 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Pacifica, hereinafter referred to as the "City." Section 2. Organization Security
2.1 Dues Deduction
The City agrees that it shall rely on the certification from the Union to deduct dues and fees from unit employee paychecks per employee authorizations employees provide the Union.
The authorizations need only be in a form acceptable to the Union. The Union shall not be obligated to provide the Employer with a copy of an employee's dues deduction authorization unless a dispute arises about the existence or terms of the authorization.
The following procedures shall be observed in the withholding of dues from unit member earnings:
(1) 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 certification from the Union that the unit member has provided written authorization to do so. Any employee request 4935-3436-7098 v1 2
to begin dues deductions or cancel dues deductions must be made to the Union and not the City.
(2) Authorization, cancellation or modification of payroll deduction of union dues shall be made upon written request and confirmation in writing from the Union. The City shall direct unit members to the Union if they so request to cancel or change dues deductions. Dues deductions may be revoked only by certification from the Union pursuant to the terms of the unit member's written authorization. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the unit member by written notice to the Union. Unit members may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such unit members are assigned.
(3) Amounts deducted and withheld by the City shall be transmitted to the Union, at the address specified.
(4) The unit member's earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When a unit member is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in pay status during that period. In the case of a unit member who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other required deductions have priority over the employee organization deduction.
(5) Local 350 shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated against the City on account of checkoff of Union dues or premiums for benefits. In addition, the Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.
(6) TEAMSTERS D.R.I.V.E. PROGRAM
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 4935-3436-7098 v1 3
voluntary contributions from Teamster members. Such donations are not U.S.
Tax Deductible.
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. (7) 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.
Section 3. City Rights
Except as otherwise provided in this Memorandum of Understanding, the rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service, determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry outs its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
Section 4. No Discrimination
The City of Pacifica prohibits harassment and discrimination in the workplace on the basis of race, color, sex (including pregnancy, child birth and related medical conditions), gender, gender identity, gender expression, national origin, citizenship status, age, religious creed, physical or mental disability, marital status, medical condition, AIDS/HIV, genetic information sexual orientation, ancestry, military and veteran status, status as a victim of domestic violence, assault or stalking, or legitimate employee organization activities.
It is the policy of the City that all employees have the right to work in an environment free from any such harassment and discrimination. Such prohibited activity debilitates the morale and productivity of the victims and their co-workers. The City does not condone any form of such harassment or discrimination and those who engage in such activities shall be subject to disciplinary action up to and including termination.
Section 5. Union Representatives
5.1 Attendance at Meetings by Unit Members
Unit represented employees who are official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered.
The use of official time for this purpose shall be reasonable and shall not interfere with the 4935-3436-7098 v1 4
performance of City services as determined by the City Manager or designee. Such employee representatives may be required to submit a written request for excused absence to their respective Department Director, with an information copy to the Assistant City Manager or designee/Human Resources Department, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of unit represented employees excused for such purposes shall not exceed two (2).
5.2 Access to Work Locations
Reasonable access to unit represented employee work locations shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of the Union, such as collecting dues, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours unless approved in advance by the City Manager or designee.
5.3 Use of City Facilities
Unit represented employees orthe Union, oritsrepresentatives may, with the prior approval of the City Manager or designee, be granted the use of City facilities for meetings of unit represented employees provided space is available, and provided further, such meetings are not used for organizing activities or membership drives of City employees. All such requests shall be in writing and shall state the purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.
The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards is strictly prohibited, notwithstanding the presence of such equipment in approved City facilities.
5.4 Use of Bulletin Boards
The Union shall be allowed use of available bulletin board space in City buildings for communications having to do with official Union business, provided that the material posted is not derogatory to City officials and employees or other employee organizations in the judgment of the Department Director or the City Manager or designee. All materials must be dated and must identify the organization that published them.
5.5 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if it is affected by any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, as the Union shall be given the opportunity to meet with such body or its representatives prior to adoption. In cases of emergency when the City Manager or designee determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Union, the City Manager or designee shall provide such notice and opportunity to meet 4935-3436-7098 v1 5
at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Notices shall be sent to the designated representative.
5.6 Access to New Employee Orientation
The City will notify the Union, in writing, via fax, no less than 14 business days in advance of any new employee orientation, (same as first day of work at the City) who joins the bargaining unit whether by hire, transfer or otherwise specified. Email notification may also be made but will not substitute notification by fax. The 14-business day advance notice for new employee orientation may be shortened only when there is an urgent need critical to the employer's operations that was not reasonably foreseeable (e.g. the employee's first day of work in the bargaining unit position is less than 14-business days after the hiring decision) in which case the City will be obliged to provide as much advance notice as practicable and must provide the Union the rationale for the exception in writing.
The City shall allow a designated unit Union member representative and/or an outside labor representative to meet with the new employee(s) at the City Office whether during new employee orientation or shortly thereafter. It is anticipated that this meeting would require approximately 45 minutes in order to provide information about the MOU and related matters. Non-bargaining unit management City representatives will excuse themselves during the Union portion of the orientation.
For employees joining the bargaining unit who do not attend an in-person orientation conducted by the Employer, access shall be granted to each such new employee, by a representative of the Union (selected by the Union), at the employee's regular work location on the employee's paid time regular work schedule for a minimum of 30 minutes.
To the extent prohibited by law, the City will not disclose the date, time, or place of new employee orientations 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 purposes of the orientation.
The Union will be responsible for providing a copy of the current MOU and any Union information to the new employee.
Unit Represented Employee Contact Information
To the extent required by, but not limited to the Government Code § 3558, the City shall provide the Union, or its designee, by email, with a list of names and contact information (listed below) of any newly hired employee within 30 days of the date of hire or by the first pay period of the month following the employee joining the bargaining unit, whichever is sooner. The Citv will also Provide cellular phone numbers and personal email address if on file with the Citv.
• Employee name
• Job title
• Department
• Work location
• Work phone number
• Home phone number
• Home address
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The City shall provide the same information to the Union regarding all employees within the classifications covered by the MOU, every 120 days, which will be established as every September, January and May. Any contact information updates provided to the City, since the last Employee Data sheet was sent, will be reflected in the next scheduled update.
Employer Agreement Not to Disclose Personal Contact Information Pursuant to Government Code section 6254.37928.300, the City agrees that personal contact information of unit represented 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 Employer 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 Employer's response to such requests.
Citv Communicationsto Unit Represented Employees concerning Union Rights If the City chooses to disseminate a communication to unit represented employees or applicants to be unit represented employees concerning public employees' rights to join or support an employee organization, or to refrain from joining or supporting an employee organization, the City shall meet and confer with the Union concerning the content of communication before dissemination.
If the City and the Union cannot reach agreement and the City elects to proceed with its proposed mass communication, the City must also distribute, at the City's expense and in the same format and manner of delivery as utilized for the City's communication, a communication of reasonable length provided by the Union.
Section 6. Pay Plan
6.1 Salary
6.1.1 20232025-2024 2026 Unit Represented Employees in Miscellaneous Classifications Salary Schedule
Effective July 1, 2023the first full pay period of November following City Council approval of this MOU, the City shall improve the base salary schedule and provide equity adjustments to base pay for unit represented employees in miscellaneous classifications by pursuant to two percent (2.0%) over thethe following chart and as reflected in the 20222025-2023 2026 salary schedule set forth in Appendix B-1. This increase shall apply to all miscellaneous unit represented employees in active, paid status on the effective date. The 2023-2024 salary schedule for unit represented employees in miscellaneous classifications shall be titled "2023-2024 Miscellaneous Member Salary Schedule" and shall be attached to this Agreement as Appendix B-2.The 2023-2024 Salary Schedule shall also include Equity Adjustments to the base salary of the following classifications:
Classification Equity Adjustment
• Associate Planner
• Associate Civil Engineer
1%
• PW Superintendent
• Field Services Manager
2%
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• IT Manager
• Recreation Supervisor
• Senior Planner
• WWTP Plant Manager
• WWTP Collection System
Manager
• Senior Civil Engineer
• Recreation Manager
• Engineering Manager
• Deputy Fire Chief
• Fire Paramedic Coordinator
3%
Above Market Classification General Wage Increase
+0% All represented classifications 1%
At Market Classification General Wage Increase
0-5% • Management Analyst I/II 1.5%
Below Market Classification General Wage Increase
-5-10% • Recreation Manager
• Field Services Manager
• Project Manager, Sr.
• Code Enforcement Officer
(Internally aligned)
2%
-10.1-15% • Recreation Supervisor
• Associate Civil Engineer
• Deputy Fire Chief
• Fire Paramedic
CoordinatorEMS Chief
(Internally aligned)
• Associate Planner
• PW Superintendent
• Senior Planner
• Senior Civil Engineer
WWTP
3%
-15.1-20% • WWTP Plant Manager
• WWTP Assistant Plant
Manager (Internally aligned)
• WWTP Collections System
Manager (Internally aligned)
• WWTP Assistant
Collections Systems
Manager (Internally aligned)
• IT Manager
• Engineering Manager
4%
-20.1%+ 5%
25% 6%
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6.1.2 20242026-2025 2027 Unit Represented Employees in Miscellaneous Classifications Salary Schedule
Effective at the beginning of the first full pay period in July 20242026, the City shall improve the base salary schedule and provide equity adjustments for unit represented employees in miscellaneous classifications by two percent (2.0%) pursuant to the following chart and as reflected in the over the 2023-20242026- 2027 Miscellaneous Member Salary Schedule in Appendix B-2. This increase shall apply to all miscellaneous unit represented employees in active, paid status on the effective date. The 2024-2025 salary schedule for unit represented employees in miscellaneous classifications shall be titled "2024-2025 Miscellaneous Member Salary Schedule" and shall be attached to this Agreement as Appendix B-3. The 2024-2025 Salary Schedule shall also include Equity Adjustments to the base salary of the following classifications:
Classification Equity
Adjustment
• Associate Planner
• Associate Civil Engineer
1%
• PW Superintendent
• Field Services Manager
• IT Manager
• Recreation Supervisor
• Senior Planner
• WWTP Plant Manager
• WWTP Collection System
Manager
2%
• Senior Civil Engineer
• Recreation Manager
• Engineering Manager
• Deputy Fire Chief
• Fire Paramedic Coordinator
3%
Above Market Classification General Wage Increase
0% 1%
At Market Classification General Wage Increase
0-5% • Management Analyst I/II 1.5%
Below Market Classification General Wage Increase
-5-10% • Recreation Manager
• Field Services Manager
• Project Manager, Sr.
• Code Enforcement Officer
(Internally aligned)
2%
-10.1-15% • Recreation Supervisor
• Associate Civil Engineer
• Deputy Fire Chief
3%
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• Fire Paramedic
CoordinatorEMS Chief
(Internally aligned)
• Associate Planner
• PW Superintendent
• Senior Planner
• Senior Civil Engineer
WWTP
-15.1-20% • WWTP Plant Manager
• WWTP Assistant Plant
Manager (Internally aligned)
• WWTP Collections System
Manager (Internally aligned)
• WWTP Assistant
Collections Systems
Manager (Internally aligned)
• IT Manager
• Engineering Manager
4%
-20.1%+ 5%
25% 6%
6.1.3 2023-2024 Safety Unit Represented Employees in Safety Classifications Salary Schedule 2027-2028 Unit Represented Employees in Miscellaneous Classifications
Effective the first full pay period for July 1, 2027, the City shall provide each represented classification in the bargaining unit a 3% General Wage Increase.
Effective July 1, 2023, the City shall improve the base salary schedule for unit represented employees in safety classifications by two percent (2.0%) over the 2022-2023 salary schedule in Appendix B-2. This increase shall apply to all unit represented employees in safety classifications in active, paid status on the effective date.
The 2023-2024 salary schedule for unit represented employees in safety classifications shall include the 2023-2024 equity adjustment for unit represented employees in safety classifications and shall be titled "2023-2024 Safety Member Salary Schedule" and shall be attached to this Agreement as Appendix B-4.
6.1.4 2024-2025 Unit Represented Employees in Safety Classifications Salary Schedule
Effective at the beginning of the first full pay period in July 2024, the City shall improve the base salary schedule for unit members in safety classifications by two percent (2.0%) over the 2023-2024 Safety Member Salary Schedule set forth in Appendix B-4. This increase shall apply to all safety unit represented employees in active, paid status on the effective date. 4935-3436-7098 v1 10
The 2024-2025 salary schedule for unit represented employees in safety classifications shall include the 2024-2025 equity adjustment for unit represented employees in safety classifications and shall be titled "2024-2025 Safety Member Salary Schedule" and shall be attached to this Agreement as Appendix B-5.
The rates of pay set forth in the salary schedule represent the standard rate of pay for full-time employment for each classification. Compensation for unit represented employees working less than full-time shall be adjusted proportionately.
The rates of pay set forth in the salary schedule represent the total compensation due unit represented employees, except for other benefitsspecifically provided for by City Council or this Memorandum of Understanding.
The rates of pay set forth in the salary schedule do not include reimbursement for actual and necessary expenses authorized and incurred incident to City employment.
6.2 Total Compensation Surveys
When preparing a total compensation survey for use at the bargaining table as described in Government Code Section 3505.4(d), the City agrees to consider the parties' historic use of the following cities as one element of determining total compensation: Belmont, Burlingame, Daly City, Foster City, Menlo Park, Millbrae, San Bruno, San Carlos, City of San Mateo, and South San Francisco.
6.3 Salary for New Employees
Except as herein otherwise provided, the entry salary for a new employee entering employment in classified service shall be the minimum salary for the class to which such new employee is appointed. In cases of unusual recruitment difficulty or of hiring exceptionally qualified personnel, initial salary may be set by the City Manager or designee, whose decision shall be final. Such a salary may not be more than the maximum salary for the class to which the unit represented employee is appointed.
6.4 Pay Days
Unit represented employees shall be paid bi-weekly, normally on a Friday every other week. When a holiday is celebrated on a Friday payday, unit represented employees normally will be paid on the regular workday immediately preceding that Friday.
6.5 Salary Range and Evaluation
Effective with any evaluation initiated after adoption of this Memorandum of Understanding, each unit represented employee shall have a salary range with a designated minimum and maximum salary only, with no pre-established advancement steps within the range. In conjunction with the unit represented employee's annual performance evaluation, the unit represented employee's supervisor shall consider a merit salary increase. No increase in salary shall be automatic merely upon completion of a specific period of service. All increases shall be based upon merit as established by the record of the unit represented employee's performance and shall require recommendation 4935-3436-7098 v1 11
of the Department Director and approval of the City Manager. Standards of performance shall become progressively higher as the unit represented employee advances through the salary range. Unit represented employees at the top of their designated salary range shall also be evaluated on an annual basis by their Department Director or the City Manager. If such unit represented employees have a satisfactory evaluation with the individual's performance being at an acceptable level, the unit represented employee's salary shall continue to be at the top of their designated salary range. If the unit represented employee's general performance and work habits are unsatisfactory, an increase in salary may be withheld in lieu of dismissal or other disciplinary action, or the salary of the employee may be reduced within the established salary range for his/her classification upon recommendation of the Department Head and approval of the City Manager. Any regular unit represented employee shall, upon request, be given a statement of the justification for reduction in salary.
If the City Manager at any time determines that it is in the City's interest, s/he may assign a unit represented employee to a higher rate within the salary range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range.
No manager shall receive less than five percent (5%) more than any subordinate who reports to that manager caused by any increase in subordinate' s salary during the term of this agreement.
6.6 Exceptional Contribution Adjustment
When a unit represented employee makes a unique contribution to the City that is not expected in the normal discharge of the responsibilities of the position, and when such contribution is obvious by its significant, substantial, and unique nature, the individual may be awarded an exceptional contribution adjustment. Such an award will be limited to a maximum offive percent (5%) and may be granted either in a one-time lump sum amount or in increments for a specific limited period of time not to exceed twelve (12) months.
The actual percentage amount up to the five percent (5%) limit and the award period will be determined by the City Manager.
6.7 Salary Upon Transfer or Promotion
The transfer of a unit represented employee shall not be cause for a change in salary.
Consistent with City policy, upon promotion, unit represented employeesshall be entitled to an increase in salary of not less than five percent (5%) above their current salary; provided, however, that in no event shall the unit represented employee receive more than the maximum salary for the classification.
6.8 Work Out of Classification
A unit represented employee shall not work out of his/her classification except in emergencies, or unless s/he is specifically assigned by his/her Department Director or the Department Director's duly authorized representative.
In the event of a planned absence of a Department Director or other senior management position, it shall be the responsibility of the Director to nominate, with the City Manager's approval, a management employee to act in the capacity of Director or other senior 4935-3436-7098 v1 12
management position. Since such acting assignments are considered to be part of the regular duties of management personnel, there shall be no additional compensation for this designation unless the vacancy shall be for an extended period of time of at least thirty (30) days. If thirty (30) days is reached in the assignment, then the entire time is compensated with an additional 5% pay.
If a Department Director or other senior manager is ill or away from his/her position or the position is vacant for an extended period of time, the City Manager shall name an Acting Director or senior manager to act in this capacity who may be eligible for additional compensation.
The amount of extra compensation provided under this policy will be determined by the City Manager based upon the circumstances of the vacant position, and shall be a minimum of five percent (5%).
6.9 Commercial Driver’s License Pay
Unit represented employees who have been requested by the City to obtain a driver's license with an "A" or "B" designation (commercial license) and whose duties require this type of driver's license will receive an additional one hundred and fifty dollars ($150) per month.
Section 7. Retirement
7.1 City's Contract with CalPERS
Unit represented employees are provided retirement benefits under the California Public Employee Retirement System (CalPERS) as described in this Section and in the City's contract with CalPERS.
7.1 CalPERS Election about Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers)
The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to provide for the cost sharing pursuant to Government Code Section 20516 described in this Section 7. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process.
Upon approval and agreement from the bargaining unit and completion of the City's amendment to the CalPERS contract, unit represented employee contributions will be made pursuant to Government Code Section 20516, and shall extend beyond the expiration of this MOU. The Union, unit represented employees and the City will take all actions necessary to implement the Government Code Section 20516 pension cost sharing agreement described in this Section 7.
7.2 Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers)
Because the contract amendment between the City and CalPERS will not be complete before the effective date of the cost sharing described in this Section 7, the cost sharing initially shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(£), and shall extend beyond the expiration of this MOU.
The Union, unit represented employees, and the City will take all actions necessary to 4935-3436-7098 v1 13
implement the Government Code Section 20516(£) pension cost sharing agreement described in this Section 7 effective on the date of Council approval of this MOU (concurrently with the salary schedule increases provided by Sections 6.1.1 and 6.1.3).
The Union and the City will take any and all actions necessary to implement the Section 20516(f) cost sharing arrangement described in this Section 7.
7.3 Miscellaneous Tier One: 2.5% at 55 Retirement Program - Miscellaneous Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Represented Employees Qualified for Reciprocity (Classic Member) This Section 7.4 (including subsections) shall apply to miscellaneous bargaining unit represented employees hired on or before December 31, 2012. In addition, this Section
7.4 shall apply to miscellaneous bargaining unit represented employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:
7.3.1 2.5% at 55 Pension Formula
The "2.5%@ 55" retirement program will be available to miscellaneous bargaining unit represented employees covered by this Section.
7.3.2 Final Compensation Based On 12-Month Period
For the purposes of determining a retirement benefit, final compensation for miscellaneous bargaining unit represented employees covered by this Section 7.4 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.
7.3.3 Required Bargaining Unit Represented Employee Contributions
7.3.3.1. Miscellaneous bargaining unit represented employees covered by this Section 7.4 shall continue to pay, through payroll deduction, the 8.0% member contribution.
7.3.3.2. Pension Cost Sharing
Effective on the first day of the first pay period after City Council approval of this MOU, miscellaneous bargaining unit represented employees covered by this Section 7.4 shall pay, through payroll deduction, the 8.0% member contribution and an additional 2.5% of PERSable compensation for a total contribution of 10.5% toward the normal cost of pension benefits as permitted by Government Code Section 20516.
7.4 Miscellaneous Tier Two: PEPRA Retirement Tier Required For Miscellaneous Bargaining Unit Represented Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not A Classic Member)
This Section 7.5 (including subsections) shall apply to miscellaneous bargaining unit represented employees who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c).
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7.4.1 2% at 62 Pension Formula
The "2% @ 62" retirement program will be available to miscellaneous bargaining unit represented employees covered by this Section 7.5.
7.4.2 Final Compensation Based On 36-Months
Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for miscellaneous bargaining unit represented employees covered by this Section 7.5 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
7.4.3 Required Bargaining Unit Represented Employee Contributions
7.4.3.1. As required by Government Code Section 7522.04(g), effective January 1, 2013, miscellaneous bargaining unit represented employees covered by this Section 7.5 shall pay, through payroll deduction, fifty percent (50%) of normal costs.
7.4.3.2. Pension Cost Sharing
Effective on the first day of the first pay period after City Council approval of this MOU, in addition to paying 50% of normal costs as described above, miscellaneous bargaining unit represented employees covered by this Section 7.5 shall pay, through payroll deduction, an additional 2.5% of PERSable compensation toward the normal costs of pension benefits as permitted by Government Code Section 20516.
7.5 Safety Tier One: Safety 3.0% at 55 Retirement Program - Safety Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Safety Unit Represented Employees Eligible for Reciprocity
This Section 7.6 (including subsections) shall apply to bargaining unit represented employees in safety classifications who were hired on or before December 31, 2012. In addition, this Section 7.6 (including subsections) shall apply to bargaining unit represented employees in safety classifications who were hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements:
7.5.1 3% at 55 Pension Formula
The "3% at 55" retirement program will be available to bargaining unit represented employees covered by this Section 7.6.
7.5.2 Final Compensation Based On Twelve Month Period
For purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section 7.6 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.
7.5.3 Required Safety Bargaining Unit Represented Employee Contribution 4935-3436-7098 v1 15
Each safety bargaining unit represented employee covered by this Section 7.6 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution.
7.5.4 Additional Required Safety Bargaining Unit Represented Employee Contribution
Each safety bargaining unit represented employee covered by this Section 7.6 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution as described above. Effective the first day of the first pay period after City Council approval of this MOU, each safety bargaining unit represented employee covered by this Section 7.6 shall pay, through payroll deduction, an additional five percent (5.0%) of PERSable compensation towards the City's costs for a total contribution of fourteen percent (14.0%) toward the normal costs of pension benefits as permitted by Government Code Section 20516.
7.6 Safety Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013
Effective January 1, 2013, this Section 7.7 (including subsections) shall apply to safety bargaining unit represented employees who were hired or on after January 1, 2013, and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c).
7.6.1 2%@50- 2. 7% @57 Pension Formula
As required by Government Code Section 7522.25, the safety Option Plan Two (2%@ 50 - 2.7% @ 57) pension formula shall apply to safety bargaining unit represented employees covered by this Section 7.7.
7.6.2 Final Compensation Based On Three Year Average
As required by Government Code Section 7522.32, effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
7.6.3 Required Unit Represented Employee Contribution
As required by Government Code Section 7522.04(g), safety unit represented employee s covered by this Section 7.7 shall pay, through payroll deductions, fifty percent (50%) of normal costs.
7.6.4 Additional Required Safety Bargaining Unit Represented Employee Contribution
Each safety bargaining unit represented employee covered by this Section 7.7 shall continue to pay fifty percent (50%) of normal costs as described above.
Effective the first day of the first pay period after City Council approval of this MOU, in addition to paying fifty percent (50%) of normal costs, safety bargaining unit represented employees covered by this Section 7.7 shall pay, through payroll 4935-3436-7098 v1 16
deduction, an additional five percent (5.0%) of PERSable compensation toward the City's normal cost of pension benefits as permitted by Government Code Section 20516.
7.7 Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each unit represented employee shall pay through payroll deductions the PERS contributions described in this Section 7 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).
7.8 PARS Plan For Unit Represented Employees Hired Before July 1, 2012 The City shall provide the supplemental PARS Retirement Annuity of .5% @ 55 for eligible unit represented employees hired before July 1, 2012. Unit represented employees hired on or after July 1, 2012 shall not be eligible for the supplemental PARS Retirement Annuity.
7.8.1 Effective upon the City Council's approval of the MOU, the PARS Plan shall be revised to allow eligible unit represented employees to retire as early as age 50 with five (5) years of full-time management service with the City. Eligible unit represented employees who want to participate in the plan in order to retire before age 55 shall contribute one quarter of one percent (0.25%) of their base salary toward the cost of this benefit, and shall continue this contribution until they reach age 55 or they retire from the City, whichever occurs first. Eligible unit represented employees who do not elect to begin contributing toward the revised PARS Plan by the first full pay period following Council approval of the MOU shall not be eligible to retire before age 55 and receive PARS supplemental retirement benefits.
7.9 Definition of Status Quo Ante
For all unit represented employees, after this MOU terminates on June 30, 2018, the status quo ante for all purposes, including any state statute shall be defined as the current language of Section 7.
Section 8. Anniversary Date
For all purposes except eligibility for salary increases, an employee's anniversary date shall be the date of initial hire.
Section 9. Hours of Work
9.1 The regular workweek for full-time employees shall consist of forty (40) hours.
Employees of the bargaining unit under the Fair Labor Standards Act are exempt.
The City shall comply with any amendments to FLSA affecting bargaining unit represented employees. Alleged violations of the FLSA are subject to litigation rather than the arbitration provisions in the grievance procedure.
Section 10. Layoff
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At least thirty (30) calendar days prior to the effective day of the layoff, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, shall notify the unit represented employees affected in writing. Layoff shall be made within the classes of positions and all temporary employees in affected classifications shall be laid off prior to layoff of any probationary or regular unit represented employees. For the purpose of determining order of layoff, total cumulative time shall include time served during a military leave of absence.
Unit represented employees laid off shall have the right to displace the employee in the same classification having the least seniority; provided, however, if there is no other employee in the classification of the laid off unit represented employee with less seniority, the laid off unit represented employee may take a voluntary demotion to a classification in which such unit represented employee had prior permanent status, thus displacing the unit represented employee working in that classification who has less seniority. Names of persons laid off shall be placed upon reemployment lists in order of total cumulative time served and shall remain on such list for a period of two (2) years unless reemployed sooner. Sick leave and seniority rights earned prior to layoff will be returned to the unit represented employee upon reemployment. Upon request of the unit represented employee, with the permission of the City Manager demotion may be made to a vacant position in place of layoff. The City Manager's decision shall be final.
Section 11. Holidays and Vacations
11.1 Authorized Holidays
The holidays for this unit are:
(1) January 1 – New Years’ Day
(2) Third Monday in January – Martin Luther King, Jr.’s Birthday (3) Third Monday in February – President’s Day (Washington’s Birthday) (4) Last Monday in May (Memorial Day)
(5) July 4 – Independence Day
(6) First Monday in September (Labor Day)
(7) November 11 (Veteran’s Day)
(8) Fourth Thursday in November (Thanksgiving Day)
(9) Fourth Friday in November (Friday after Thanksgiving Day) (10) December 24 (Christmas Eve)
(11) December 25 (Christmas Day)
(12) Floater (To be taken at the mutual convenience of the Department and the employee)
(13) Floater (To be taken at the mutual convenience of the Department and the employee)
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Regular full-time unit represented employees shall be entitled to take all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday.
If one of the holidays listed above falls on a Saturday and the employee is not regularly scheduled to work that day, the unit represented employee's last regularly scheduled workday preceding the holiday shall be considered a holiday.
If one of the holidays listed above falls on a Sunday and the employee is not regularly scheduled to work that day, the unit represented employee's first regularly scheduled workday following the holiday shall be considered a holiday.
11.1.1 Longevity/Holidays
All unit represented employees who have completed the following years of service with the City shall receive additional floating holidays as follows:
All unit represented employees with five (5) continuous years of service with the City shall receive one additional floating holiday each year.
All unit represented employees with more than ten (10) continuous years of service shall receive an additional two (2) floating holidays each year (for a total of 2).
All unit represented employees with more than fifteen (15) continuous years of service with the City shall receive an additional three (3) floating holidays each year (for a total of 3).
All unit represented employees with more than twenty (20) continuous years of service with the City shall receive four (4) additional floating holidays each year (for a total of 4).
11.2 Eligibility
All unit represented employees shall be entitled to annual vacation leave except employees serving the first six (6) months of the original one (1) year probationary period.
11.3 Vacation Credits Accrual
Vacation time shall be accrued in hourly amounts according to the following schedule:
Years of Service Vacation Days Earned
Per Year of Full-Time
Service
Hours Accrued
Per Pay Period
1st yr. through 5th yr. 11 days 3.38
6th yr. through 10th 16 days 4.92
11th year 17 days 5.23
12th year 18 days 5.54
13th year 19 days 5.85
14th year 20 days 6.15
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15th year 22 days 6.77
16th year 23 days 7.08
17th year 24 days 7.38
18th year 25 days 7.69
19th year 26 days 8.00
20th year & up 27 days 8.31
Maximum vacation accrual is two times the annual accrual rate. Unit represented employees whose vacation accrual was above twice the annual accrual rate as of July 1, 2011 shall have six months from October 10, 2011 (the anticipated date for Council adoption of this MOU) to reduce their accrual to the 2x maximum. After April 1, 2011, vacation time shall not be accrued during any pay period in which unit represented employee's vacation leave bank exceeds the applicable annual accrual rate.
11.4 Time Charged
Vacation time shall be charged on the basis of the number of days used for vacation purposes, and in conformance to the Fair Labor Standards Act.
11.5 Vacation Credits Advance
Unit represented employees may take only such vacation as they have accumulated at the time that the vacation begins, except after three (3) years of service the unit member may draw upon anticipated vacation credits not to exceed five (5) working days. At termination of employment the City shall be reimbursed by the unit represented employee for any vacation taken in excess of vacation credit, through payroll deduction.
11.6 Vacation Scheduling and Accumulation
The times during the calendar year at which a unit represented employee may take his/her vacation shall be determined by the Department Director or the City Manager with due regard to the needs of the service and desires of the unit represented employee. If requirements of the service or the desires of the unit represented employee are such that a unit represented employee must defer part or all of his/her annual vacation in a particular year, the Department Director or the City Manager may permit the unit represented employee to take such deferred vacation during the following calendar year. No unit represented employee may accumulate more than two times his/her annual vacation allowance.
11.7 Sick Leave During Vacation
If a unit represented employee becomes sick during his/her vacation, such unit represented employee may charge the period of illness against sick leave credits in the same manner as provided in Section 12 (Sick Leave). A doctor's certificate shall be required and shall be submitted prior to such charge against sick leave credits.
11.8 Return of Vacation
Managers will be allowed to sell to the city, up to three (3) weeks of vacation leave per year, at the unit represented employee's prevailing wage. Managers will not be allowed to sell the last one (1) week of vacation at any time.
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11.9 Separation from Service
Unit represented employees who terminate employment shall be paid a lump sum for all accrued vacation leave earned prior to the effective day of termination. Former employees reemployed by the City shall receive no credit for prior service in determination of vacation benefits.
Section 12. Sick Leave
12.1 Sick Leave Plan
12.1.1 Accrual
Regular unit represented employees shall earn sick leave credit at the rate of one (1) day per month.
12.1.2 Usage
Sick leave shall not be considered a privilege which a unit represented employee may use at his/her discretion but shall be allowed only in cases of necessity and actual sickness of the unit represented employee or the unit represented employee's designated family members, as allowed by family illness leave, including necessary physician appointments.
Unit represented employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:
For the unit represented employee's own illness or injury or for the illness or injury of the unit represented employee's family member. See Section 13.1 Family Illness Leave.
For the unit represented employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the unit represented employee's family member.
For unit represented employees who are victims of domestic violence, sexual assault or stalking as specified in state law.
Each hour of illness or injury shall be deducted from the unit represented employee's accumulated sick leave benefits
Sick leave shall be charged against a unit represented employee's sick leave credit as the actual number of hours of the regular work period that the unit member is on sick leave. All unit represented employees shall be entitled to sick leave compensation except unit represented employees serving the first thirty (30) days of the original one (1) year probationary period.
In order to receive compensation while absent on sick leave, a unit represented employee shall notify his immediate supervisor prior to or within one-half (1/2) hour after the time set for the beginning of the unit represented employee's daily duties.
4935-3436-7098 v1 21
When the absence is for more than one (1) working day, unit represented employees may be required to file a physician's statement with the Department Director verifying a medical need for the absence.
12.2 Incapacity to Perform Duties
The City Manager or designee may require any unit represented employee who the City Manager or designee believes may be physically or mentally incapacitated for work to undergo an examination by a physician designated by the City and at the City's expense.
If as a result of the physician's examination the unit represented employee is determined to be incapacitated to perform the unit represented employee's duties, the City Manager or designee or Department Director may place the unit represented employee on leave of absence without pay. A unit represented employee may use accrued sick leave, vacation or compensatory time prior to being placed on a leave of absence without pay.
However, the unit represented employee may be eligible for long-term disability benefits under Section 12.3 (Long-Term Disability). Vacation and sick leave credits shall not accrue when a unit represented employee is on an unpaid leave of absence.
12.3 Sick Leave at Retirement
Unit represented employee retiring from the City Service, under provisions of a Citysponsored retirement system shall elect one of the following options (no unit represented employee shall be entitled to take both the cash out option and the PERS credit option):
12.3.1 Receive pay for twenty-five percent (25%) of their accumulated sick leave credit, not to exceed Three Thousand Dollars ($3000). Such pay shall be computed at the rate of pay on the date of retirement (see NOTE below); or
12.3.2 Convert one hundred percent (100%) of their accumulated sick leave credit to additional CalPERS retirement service credit under the provisions of Government Code Section 20965.
12.4 Sick Leave at Termination
Unit represented employees resigning from the City, terminated by the City, otherwise terminating their City employment, or being terminated by the City shall forfeit all unused sick leave benefits as of the termination date. Former unit represented employees reemployed by the City shall receive no credit for prior service in determination of sick leave benefits.
12.5 Catastrophic Illness or Injury Time Donation Program Employees may donate time in accordance with the City's Catastrophic Illness or Injury Policy. Section 12. Leaves of Absence
12.6 Family Illness Leave
According to State Law, a unit represented employee may use his or her accrued sick leave up to a maximum of six (6) days per year, where the unit represented employee's attendance is required to attend to a member of his family who is ill. A doctor's note may be required to substantiate the illness of the family member. 4935-3436-7098 v1 22
For the purpose of this Section 12.1 "family member" is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the unit represented employee's stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an unit represented employee or the unit represented employee's spouse or registered domestic partner (a registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State), or a person who stood in loco parentis when the unit represented employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.
12.7 Family Care & Medical Leave
Each eligible unit represented employee is entitled to family care and medical leave as provided by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), as amended. The leaves under FMLA and CFRA will run concurrently to the extent permitted by law.
12.7.1 Eligibility
To be eligible for family care and medical leave, on the date on which leave is to begin, a full-time or part-time unit represented employee must have been employed by the City for at least twelve (12) months, which need not be consecutive, and have actually worked at least 1,250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.
12.7.2 Family Care and Medical Leave Entitlement
Subject to the provisions of this MOU, City policy, and state and federal law, including the federal FMLA and the CFRA, an eligible unit represented employee is entitled to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for any one, or more, of the following reasons:
The birth of a child and to care for the newborn child (FMLA and CFRA); The placement with the unit represented employee of a child for adoption or foster care and care for the newly placed child (FMLA and CFRA); To care for the unit represented employee's child, parent or spouse who has a serious health condition. (Child is defined as biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is under 18 years of age or an adult dependent child. Parent is defined as biological, foster or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the unit represented employee when the unit represented employee was a child. Parent does not include a parent-in-law. "Spouse" means partner in marriage or a registered domestic partner as defined in the Family Code and includes same-sex partners in marriage.)
Because of a unit represented employee's own serious health condition that makes the unit represented employee unable to perform the functions of the unit represented employee's position, except for disability on account of pregnancy, childbirth, or related medical conditions, which is covered by pregnancy disability leave. (Pregnancy disability counts toward only California Pregnancy Disability Leave (PDL) and FMLA leave.)
4935-3436-7098 v1 23
Because of any qualifying exigency arising out of the fact that the unit represented employee's spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status) (FMLA only).
The twelve (12) month period for FMLA/CFRA purposes is determined by the fiscal year.
12.7.3 Family Care and Medical Leave To Care for a Covered Servicemember with a Service Injury or Illness
Subject to the provisions of this MOU, City policy, and state and federal law, including the FMLA, an eligible unit represented employee may take FMLA leave to care for a covered servicemember with a serious injury or illness if the unit represented employee is the spouse, son, daughter, parent, or next of kin of the covered servicemember.
An eligible unit represented employee's entitlement under Section 12.2.3 is limited to a total of twenty-six (26) workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness. The "single 12-month period" in which the 26-weeks-of-leave-entitlement described in this begins on the first day a unit represented employee takes leave to care for the covered servicemember.
During the "single 12-month period" described above, an eligible unit represented employee's FMLA leave entitlement is limited to a combined total of twenty-six (26) workweeks of FMLA leave for any qualifying reason.
12.7.4 Pay Status and Benefits
Except as provided in this Section 13, the family care and medical leave will be unpaid. The City will, however, continue to provide City contributions toward the health plan premiums during the period of family care and medical leave for up to twelve (12) work weeks on the same basis as contributions would have been provided had the unit represented employee not taken family care and medical leave. The unit represented employee will be required to continue to pay the unit represented employee's share of premiums payments, if any.
12.7.5 Relationship of Family Care and Medical Leave to Other Leaves Any leave of absence that qualifies as family care and medical leave and is designated by the City as family care and medical leave will be counted as running concurrently with any other paid or unpaid leave to which the unit represented employee may be entitled for the same qualifying reason. A unit represented employee is required to utilize the unit represented employee's accrued sick leave for FMLA/CFRA qualifying absences due to the unit represented employee's own serious health condition. A unit represented employee may be required to use accrued vacation leave for FMLA/CFRA qualifying reasons unrelated to the unit represented employee's own serious health condition.
12.7.6 Notice to the City
4935-3436-7098 v1 24
The unit represented employee must provide written notice to the City as far in advance of the leave as possible and as soon as the unit represented employee reasonably knows of the need for the leave. If the need for the leave is foreseeable based on an expected birth, placement of a child for adoption or foster care or planned medical treatment, the notice must be provided at least (thirty) 30 calendar days in advance of the leave, or if not reasonably known (thirty) 30 calendar days before the leave, then as soon as reasonably practicable.
The written notice must inform the City of the reasons for the leave, the anticipated duration of the leave and the anticipated start of the leave.
The unit represented employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to department operations.
12.7.7 Medical Certification
A unit represented employee's request for family care and medical leave to care for a child, a spouse, or a parent who has a serious health condition shall be supported by a certification issued by the health care provider of the individual requiring care.
If additional leave is requested after the expiration of the time originally estimated by the health care provider, the unit represented employee shall provide the City with recertification by the health care provider.
A unit represented employee's request for family care and medical leave because of unit represented employee's own serious health condition shall be supported by a certification issued by the unit represented employee's health care provider.
As a condition of a unit represented employee's return from leave taken because of the unit represented employee's own serious health condition, the unit represented employee is required to obtain certification from the unit represented employee's care provider that the unit represented employee is able to resume work.
Employees are required to use the medical certification forms available from the City Human Resources Department to meet the certification and recertification requirements of this section.
12.7.8 Minimum Duration of Leave
Leave does not need to be taken in one continuous period of time.
Leave taken for a serious health condition of the unit represented employee's child, parent, or spouse of the unit represented employee may be taken intermittently or on a reduced work schedule when medically necessary, as determined by the health care provider of the person with the serious health condition. However, intermittent or reduced work schedule leave may be taken for absences where the unit represented employee or covered family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if he or she does not receive treatment by a health care provider.
Leave taken for reason of birth, adoption, or foster care placement of a child of the unit member does not have to be taken in one continuous period of time. Any 4935-3436-7098 v1 25
leave(s) taken shall be concluded within one (1) year of the birth of placement of the child with the unit represented employee. The basic minimum duration shall be two (2) weeks. However, the City shall grant a request for a leave of less than (2) weeks' duration on any two (2) occasions.
It is the City's responsibility to designate leave, paid or unpaid, as family and medical leave-qualifying based on the information provided by the unit represented employee and to notify the unit represented employee of the designation.
12.7.9 Dual Parent Employment
Where both parents are City unit represented employees, allowable leave for the birth, adoption, or foster care placement of a child is limited to a total of twelve (12) work weeks in a 12-month period between the two unit represented employees. Their family care and medical leave entitlement is not limited or combined for any other qualifying purpose.
12.7.10 Employee's Status on Returning from Leave
Except as provided by law, on return from family care and medical leave, an unit represented employee is entitled to be returned to the same or equivalent position the unit represented employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. A unit represented employee is also entitled to reinstatement even if the unit represented employee has been replaced or the unit represented employee's job has been restructured to accommodate the unit represented employee's absence. If a unit represented employee is no longer qualified for the position because, e.g., of the employer's inability to renew a license, as a result of the leave, the unit represented employee shall be given a reasonable opportunity to fulfill those conditions upon returning to work. A unit represented employee has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible unit represented employee's FMLA/CFRA leave.
12.8 Pregnancy Disability Leave
A pregnant unit represented employee is entitled to an unpaid leave of up to four (4) months, as needed, for the period(s) of time the unit represented employee is actually disabled by pregnancy, as determined by her health care provider.
12.8.1 Notice to City
Using the City's Certification of Health Care Provider form for pregnancy disability leave, a unit represented employee should provide at least thirty (30) days advance notice or notice as soon as practicable of the unit represented employee's need for pregnancy disability leave or need for reasonable accommodation based on the advice of her health care provider that reasonable accommodation is medically advisable because of pregnancy or a related medical condition.
12.8.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave 4935-3436-7098 v1 26
A unit represented employee is required to use any accrued sick leave during an otherwise unpaid pregnancy disability leave. A unit represented employee may, at her option, use accrued vacation during an otherwise unpaid portion of a pregnancy disability leave.
12.8.3 Health and Welfare Benefits
The City shall maintain its contribution toward health and welfare benefits under Section 14 during any unpaid portion of a pregnancy disability leave on the same basis that the contribution would have been provided if the unit represented employee had not taken pregnancy disability leave.
12.8.4 Employee Status
During a pregnancy disability leave, the unit represented employee shall retain unit represented employee status, and the leave shall not constitute a break in service for any purpose under this MOU except that the leave shall not count toward completion of probation.
12.8.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves a) A pregnancy disability leave shall run concurrently with the unit represented employee's FMLA leave entitlement.
b) The right to take pregnancy disability leave is separate and distinct from the right to take leave under CFRA. A unit represented employee's own disability due to pregnancy, childbirth or related medical conditions is not a "serious health condition" under CFRA. c) At the end of the unit represented employee's period(s) of pregnancy disability leave, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRA-eligible unit member may request to take CFRA leave of up to twelve (12) workweeks for reason of the birth of her child, if the child has been born by this date.
12.9 Jury Duty
A unit represented employee summoned to jury duty shall inform his supervisor and, if required to serve, may be absent from duty with full pay; provided, however, the unit represented employee must remit to the City, through the unit represented employee's department director, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses. When a unit represented employee is released from jury duty each day, he or she must report to work promptly for the balance of his or her regularly scheduled shift or workday.
12.10 Military Leave
The provisions of the Military and Veterans Code of the State of California as well as the Uniformed Services Employment and Reemployment Act shall govern military leave of unit represented employees.
12.11 Campaign Leave
4935-3436-7098 v1 27
Upon becoming a candidate for public office, any regular unit represented employee may request and be granted a leave of absence without pay, to remain in effect for the period of his or her candidacy.
12.12 Leave of Absence Without Pay
Upon written request, the City Manager, or where the authority has been delegated by the City Manager, the City Manager's representative, may grant unit represented employee a leave of absence without pay for a definite period not to exceed one (1) year. The decision by the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, shall be final. Upon expiration of leave of absence the unit represented employee shall be reinstated in the position held at the time the leave was granted or to another position in the same classification. Failure on the part of unit represented employee on leave to report promptly on its expiration, or within fifteen (15) days after notice to return to duty shall result in such unit represented employee's automatic dismissal. Vacation and sick leave credits shall not accrue to unit represented employees on voluntary leave of absence. Additionally, seniority credits shall not accrue to a unit represented employee on voluntary leave of absence.
12.13 Bereavement Leave
In case of death within the immediate family of a unit represented employee, such unit represented employee shall be entitled to remain absent from duty with pay in order to attend and/or arrange the funeral or memorial services for the times hereinafter specified:
12.13.1 If the service is within the Bay Area (i.e., Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Sonoma Counties) not to exceed a maximum of three (3) working days.
12.13.2 If the service is outside the Bay Area, not to exceed a maximum of five (5) working days. Said bereavement leave is not to be charged to sick or vacation leave.
For the purpose of this Section 12.8, immediate family is defined as parent, sibling, spouse, domestic partner, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, grandchildren, great grandparents, stepchildren, foster children, or other persons with whom there is a demonstrated child-rearing/parental or immediate familial relationship.
12.14 Absence Without Official Leave
Failure of a unit represented employee to report for duty on a normal working day or shift without notice to his department director of the reason for such absence within thirty (30) minutes after the time designated as the beginning of the work day shall constitute absence without leave and without pay. A unit represented employee should make every effort to contact their department director prior to the start of their shift if they plan to be absent.
Absence without leave for any length of time without satisfactory explanation is cause for dismissal. Absence without leave for five (5) or more consecutive days shall be deemed a tender of resignation.
4935-3436-7098 v1 28
12.15 Administrative Leave for Unit Represented Employees Unit represented employees will receive administrative leave at the rate of seventy-two (72) hours per fiscal year. The administrative leave is in lieu of compensatory time, must be used during the fiscal year in which it is received, has no cash value, and does not accumulate from year to year.
12.16 Catastrophic Illness or Injury Time Donation Program For unit represented employees, the City will continue to offer a catastrophic leave program for donation of time in the event of catastrophic illness or injury.
12.17 Industrial Disability Leave With Pay
No disability leave with pay will be granted to non-safety unit represented employees until the illness or injury is declared compensable under the California Workers' Compensation Law. During such disability leave of absence, the City may request that a unit represented employee be examined by a physician selected by the City. The City will pay full pay forthe initial three (3) months' leave to non-safety unit represented employees who suffer industrial disabilities and are on authorized Industrial Disability leave. Workers' Compensation benefits will be integrated and checks endorsed to the City by the unit represented employee. No use of sick leave will be required during the first three (3) months. Full pay as used herein shall mean the employee's base rate of pay.
After the first three (3) months of Industrial Disability Leave, until the three hundred sixtyfifth (365th) consecutive calendar day's absence or the unit represented employee is determined to be permanently disabled, the unit represented employee may integrate Workers' Compensation disability benefits with unused sick leave to assure no loss of compensation. The ratio used will be seventy-five percent (75%) City/Workers' Compensation pay and twenty-five percent (25%) sick leave. Insurance premiums will continue to be paid by the City.
Safety unit represented employees are covered under Labor Code Section 4850, et seq.
While on 4850 leave, safety unit represented employees will accrue benefits and the City will continue to contribute to benefits as usual.
Section 13. Health and Welfare.
13.1 Medical Insurance - City Contributions
Effective July 1, 20251, and continuing for the 20262 and 20273 calendar years, the City will contribute up to the following maximum amounts per month toward the cost of health benefits for each full-time unit represented employee (effective dates are listed in the chart below). For the purpose of this Health and Welfare Section, "full-time" means the Teamsters 350 Manager unit represented employee is assigned to a classification requiring the unit represented employee to work at least forty (40) hours per week. In the event the actual monthly premium cost is less than the amount shown on the chart below, the City shall retain any savings and shall have no obligation to "cash-out" or pay any Teamsters 350 Manager unit represented employee the difference. The City and Teamsters 350 Manager unit acknowledge the parties may propose changes to Section 14 during the successor contract negotiations in 20253. During the successor contract negotiations, this Section 13.1 shall define the status quo ante for City contributions toward 4935-3436-7098 v1 29
the cost of health benefits for each full-time Teamsters 350 Manager unit represented employee. Teamsters 350 Manager unit represented employees electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit represented employee's pay.
13.1.1 Health Insurance Premiums
During the term of this MOU, the City will cover up to a 6% increase (Benchmarked to Kaiser Region One Rate) to any enrolled employees’ medical plan contribution during a calendar year. If an employee’s health care contribution exceeds 6% increase, the City agrees to meet and discuss with the Union. However, if no agreement is reached, the status quo remains.
Teamsters 856 Offered Medical Plan
Effective
July 1. 2021
Effective
January 1, 2022
2% Increase
Effective January
1, 2023
2% Increase
Employee Onlv 877.70 $895.25 $913.16
Employee 1 $1,700.97 $1,734.99 $1,769.69
Employee Plus 2 or
more
$2,211.27 $2,255.50 $2,300.61
CalPERS Offered Medical Plan
Effective
January 1, 2023
Effective January
1, 2024
6% Increase
Effective
January 1, 2025
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6% Potential
Increase
(unknown at this
time)
Employee Only $913.16 $967.95 $1,026.03
Employee + 1 $1,769.69 $1,875.87 $1,988.42
Employee + 2 or more $2,300.61 $2,438.65 $2,584.97
13.1.2 Additional Premium Contributions for Unit Represented Employees Electing the Teamsters 856 Offered Medical Plan/or the MOU Period Only
For the duration of this MOU only, the City will make additional contributions towards health care premiums above the maximum amounts listed in Section
13.1.1 for unit represented employees enrolled in the Teamsters 856 offered medical plan. Unit represented employees enrolled in the City medical plans will only receive the City contribution listed in Section 13.1.1 and not the additional contributions listed in this Section 13.1.2. During the periods listed below, the City's total contribution toward health care premiums unit represented employees enrolled in the Teamsters 856 offered medical plan shall be up to the following maximum amounts per month:
• July 1, 2021 to December 31, 2021: $930.10 (Employee Only); $1,802.50 (Employee + 1); $2,343.25 (Employee +2 Or More)
• January 1, 2022 to December 31, 2022: $948.70 (Employee Only); $1838.55 (Employee+ 1); $2,390.12 (Employee +2) Or More)
• January 1, 2023 to June 30, 2023: $967.67 (Employee Only); (Employee +l) $1875.32; Employee+ 2 or more) $2437.92.
In no event during this two-year period shall the City contribute more than the actual monthly health care premium cost for the applicable plan in which the unit represented employee is enrolled. In order to ensure all City employees receive the same City contribution to employee medical plans, the City shall not be required to continue the additional contributions described in this Section
13.1.2 beyond the expiration of this MOU. After the expiration of the MOU, the maximum contribution amounts listed in the chart in Section 13.1.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time unit represented employee.
13.1.3 Eligibility
To be eligible for the Teamsters Health and Welfare Trust Fund Benefits, a unit represented employee must be working or on paid status for eighty (80) or more hours in the preceding calendar month. To be eligible for a CalPERS offered medical plan, a unit represented employee must meet the criteria established by CalPERS.
The City will continue to offer CalPERS health benefits program and make the necessary employer contributions as contracted with CalPERS for both active and retired participants.
Commented [ZH1]: Edwin Can you update this section
with track changes on and send back to me.
4935-3436-7098 v1 31
13.1.4 Health In-Lieu Payment Plan
The City will pay a monthly taxable five hundred and fifty dollars ($550) in-lieu payment to a Teamsters 350 Manager unit represented employee who certifies that he or she is eligible for health insurance coverage through another group health plan, declines City health coverage, and provides the City proof of other health coverage. City Health in-Lieu payments shall be effective the first pay period in January 2016. The City shall pay the health in-lieu payment through the unit represented employee's regular payroll checks. The Health In-Lieu Payment Plan year shall operate on the calendar year. Teamsters 350 Manager unit represented employees on an unpaid leave of absence are not eligible for the Health In-Lieu Payment Plan.
13.2 Dental, Orthodontia, and Vision
13.2.1 Teamsters 856 Dental, Orthodontia, and Vision
For each unit represented employee enrolled in employee-only, two-party, or family Teamster 856 medical coverage, the City shall contribute an additional one hundred sixty- three dollars($163) per month per unit represented employee to the Teamsters 856 Trust Fund, and the Teamsters 856 Trust Fund shall provide such unit represented employees with a composite dental, orthodontics, and vision coverage.
13.2.2 City of Pacifica Self-Funded Dental Plan
For each unit represented employee not enrolled in the Teamsters 856 medical plan, the City shall contribute up to one hundred nineteen dollars ($119) per month per unit represented employee to the City of Pacifica Self-Funded Dental Plan, and the Self- Funded Plan shall provide the following benefits to covered unit represented employees:
a) The annual per-person deductible is twenty-five dollars ($25) up to a maximum of seventy-five ($75) per family.
b) The maximum annual benefit each calendar year shall be two thousand dollars ($2,000) per eligible employee and per dependent. c) A lifetime maximum orthodontia benefit of two thousand dollars ($2,000) for each eligible employee and dependent.
13.2.3 City of Pacifica VSP Vision Plan
For each unit represented employee not enrolled in the Teamsters 856 medical plan, the City shall contribute the following amounts per month per unit member:
a) Unit Represented Employee Only - $18.29
b) Unit Represented Employee Plus One - $26.52
c) Unit Represented Employee Family - $47.56
13.3 Life and Disability Insurance
4935-3436-7098 v1 32
13.3.1 Life Insurance
The City shall contribute towards payment ofterm life insurance benefits an amount equal to the premium cost of two (2) times the unit represented employee's annual salary up to an annual salary of $200,000 for each eligible unit member.
13.3.2 Long-Term Disability Plan
The City shall contribute an amount necessary to provide the long-term disability plan benefits presently in effect for each eligible unit represented employee.
13.4 Domestic Partners Health Benefits
The City will provide medical, dental, and vision benefits for registered domestic partners of bargaining unit represented employees to the same extent, and subject to the same terms and conditions, as medical, dental, and vision benefits are available to spouses of unit represented employees under this MOU. This coverage is conditioned upon the domestic partnership meeting all the criteria of California Family Code Section 297, et seq. and that a valid declaration of domestic partnership has been filed with the Secretary of State pursuant to Family Code Section 297, et seq., registering the domestic partnership.
Domestic partners may enroll in the City's medical, dental, and vision plans pursuant to this Section only to the extent that the City's carriers provide such coverage.
13.5 Coverage During Unpaid Leave
Except as otherwise provided in this MOU, Teamsters 350 Manager unit represented employees on City approved unpaid leaves of absence shall continue to receive health and welfare benefits for the period of the leaves if they wish to purchase such benefits at the current group rates, to be paid by the unit represented employee to the City one (1) month in advance.
13.6 Medical Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified flexible medical spending accounts (FSA). Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified FSA accounts.
13.7 Dependent Care Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified Dependent Care Flexible Spending accounts. Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into an IRS qualified Dependent Care Flexible Spending account.
If, in itssole discretion, the City determines that administration of the Program will require the services of an outside entity or contractor, participating Teamsters 350 Manager unit represented employees shall be responsible for paying their share of the outside contractor's administration fee.
13.8 Commuter Assistance Account
4935-3436-7098 v1 33
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified Commuter Plan. Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified Commuter Assistance account.
13.9 Participation in Tax-Sheltered Annuities
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified tax sheltered annuity plan. Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified tax sheltered annuity plan account.
13.10 Participation in IRS 457 Deferred Compensation Plan To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified 457 deferred compensation plan. Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified 457 deferred compensation plan.
13.10.1 Beginning: the first full pav period after July 1, 2023Effective the first full pay period in November after City Council ratification of this MOU,. the Citv shall provide up to a one two percent (1 2 %) of base salary match to each unit represented employee’s one two percent (1 2 %) of base salary contribution to their IRS qualified 457 deferred compensation plan. However. , unit represented employees shall have the individual option to have the equivalent of that one percent (1 % ) match as monev paid to the unit represented employee and deducted pore-tax from the unit represented employee’s paycheck and applied to their health insurance premiums under the Citv's offered health insurance olansplans.
This election must be made during Open enrollment for the 2023 2025 calendar year. Should a unit represented employee fail to make the election bv the election deadline. , the 1% of base pay will be provided as a match to their IRS qualified 457 deferred compensation plan..
This The City’s 2% matching contribution to employees’ 457 deferred compensation ceases as of the last pay period and its option to a p ply the cash equivalent to health insurance premiums will end last pay period in June 20252028.
Section 14. Vehicle Use
14.1 Reimbursement for Use of Private Vehicles
The City shall reimburse unit represented employees for use of the unit represented employee's private vehicle at the current applicable IRS established federal business standard mileage rate. To be eligible for reimbursement, the unit represented employee must be authorized to use a private vehicle for travel required in the performance of official duty, and the unit represented employee must substantiate the time, place, and business purpose of the travel
During any period of time when a unit represented employee is receiving the mileage reimbursement described in this Subsection 14.1, the City Manager shall not assign the Commented [DL2]: Please confirm
4935-3436-7098 v1 34
unit represented employee a City pool, specially equipped, or public safety vehicle as described in Subsection 14.2.
No unit represented employee shall be entitled to mileage reimbursement for travel between the unit represented employee's home and the unit represented employee's work location.
14.2 Use of City Pool, Specially Equipped, or Public Safety Vehicle For some unit represented employees, the nature of the unit represented employee's work may require the unit represented employee to drive a City pool, specially equipped, or public safety vehicle while on duty and actively performing services for the City. At his or her sole discretion, the City Manager, or his or her designee, shall determine whether the nature of the unit represented employee's work requires the unit represented employee to drive such a City vehicle while on duty and actively performing service for the City. For each such unit represented employee, the City Manager, or his or her designee, may authorize the unit represented employee to use a City pool, specially equipped, or public safety vehicle while on duty and actively performing services for the City. Such unit represented employeesshall comply with City regulations governing the use of a City pool, specially equipped, or public safety vehicle.
A unit represented employee authorized to use a City pool, specially equipped, or public safety vehicle shall not use the City vehicle to travel between the unit represented employee's home and the unit represented employee's work location.
During any period of time when the City Manager has assigned a unit represented employee a City pool, specially equipped, or public safety vehicle, the unit represented employee shall not be eligible for the mileage reimbursement described in Subsection
14.1. 14.3 No Car Allowance
No bargaining unit represented employee shall be eligible for a monthly car allowance.
Section 16. Safety Equipment
All unit represented employees required to wear steel-toed safety shoes in the performance of their job duties shall be provided an allowance equal to the allowance provided employees in the Miscellaneous Unit.
Section 15. Uniform Allowance
15.1 General Provisions
As a condition of employment, the City may require unit represented employees in the Fire and Public Works departments and the Wastewater Treatment Plant to wear uniforms during work hours. The uniforms provided are not suitable for everyday wear, and unit represented employees shall wear the provided uniforms only while on duty and traveling to and from work.
To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the required uniforms for classic members (as defined by CalPERS). For classic members, the City and unit represented employees 4935-3436-7098 v1 35
will be required to make required employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts.
Pursuant to CalPERS regulations, the value of uniforms for new members (as defined by CalPERS) and the value of safety clothing and equipment does not count as special compensation.
15.2 Fire Department Uniforms
Fire Department unit represented employees who are required to wear uniforms not provided by theCity shallreceive an annual uniform allowance equal to eight hundred dollars ($800). Effective the first pay period after December 1, 2016, this allowance shall be paid at the rate of $30.77 per pay period.
15.3 Public Works Department & WWTP Uniforms
For unit represented employees assigned to the Public Works Department and the Wastewater Treatment Plant, the City shall provide uniforms and a uniform cleaning service to employees who are required to wear uniforms as a condition of employment. The cost of the uniforms provided and the uniform cleaning service shall not exceed $700 per year.
Beginning January 27, 2017, the value of these uniforms and cleaning service shall be reported to CalPERS each pay period in an amount not to exceed $26.92 per pay period.
15.4 WWTP Unit Represented Employees
For unit represented employees assigned to the Wastewater Treatment Plant, the City shall provide coveralls which are solely for personal health and safety purposes of the unit represented employee. The City will provide and pay for regular cleaning service for the coveralls.
Section 16. Tuition Reimbursement
A unit represented employee may be reimbursed up to a maximum of Two Three Thousand Dollars ($23,000.00) within one fiscal year for tuition and related fees paid for courses of study in an off- duty status if the subject matter content of the course is closely related to the unit represented employee's present work assignment, or if the unit represented employee is enrolled in a program of study related to the unit represented employee's work assignment (declared major).
There must be a reasonable expectation that the unit represented employee's work performance or value to the City will be enhanced as a result of the course of study or that the unit represented employee will be better prepared for promotional opportunities. For the purposes of this section, course includes trainings related to job related certificates and licenses including reimbursement for costs incurred to take approved examinations for professional licenses or certificates.
The unit represented employee must submit a claim form for reimbursement to the Director of General Services giving all information needed for an evaluation of the request. The Director of General Services decision shall be final. If a course is approved and later found to be unavailable, a substitute course may be approved after enrollment.
Upon completion of the course, a copy of the grade sheet or certificate must be filed in the Personnel Office for placement in the unit represented employee's personnel file. All reimbursement must be returned to the City in full if the unit represented employee does not achieve at least a "C" grade.
4935-3436-7098 v1 36
If the unit represented employee leaves City employment within one (1) year after reimbursement, such unit represented employee is required to refund one-half (1/2) of the reimbursement to the City.
Section 17. Labor Management Committee
The City and Union will form a Labor Management Committee to meet quarterly to review issues of concern. Representatives of all bargaining units may participate in the Labor Management Committee.
Section 18. Probationary Period
18.1 Duration
All appointments and promotions shall be tentative and subject to a probationary period of not less than one (1) year from the date of appointment or promotion. Where a unit represented employee's extended absence from work has prevented a full probationary evaluation, the probationary period may be extended by the City Manager or where the authority has been delegated by the City Manager, Department Director, in order to provide a full probationary evaluation. For the purpose of this Section, an extended absence from work shall be defined as absences of at least one (I) calendar month or six (6) cumulative weeks.
18.2 Termination
The City Manager, or where the authority has been delegated by the City Manager, the Department Director may terminate a probationary employee at any time during the probationary period for any reason. Upon such action of termination, the probationary employee shall have no right of appeal in any manner and no recourse to any of the procedures set forth in the Memorandum of Understanding.
18.3 Regular Status
A unit represented employee who is not rejected prior to the completion of the prescribed probationary period shall acquire regular status. Former regular employees appointed from a reemployment eligibility list shall be given regular appointments when reemployed.
Regular employees who are demoted to lower classifications shall be given regular appointments in the lower classifications; provided, however, that the employee has had prior regular status in the lower classification.
18.4 Layoff
A unit represented employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo a new probationary period.
Former probationary employees whose names were placed on a reemployment eligible list before they achieved regular status shall start a new probationary period when appointed from a reemployment eligible list.
18.5 Transfer
4935-3436-7098 v1 37
Regular employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which transferred.
18.6 Promotions
Regular employees who are promoted to a higher classification shall undergo the probationary period prescribed forthe higher classification. During the probationary period, a unit represented employee may be rejected at any time by the appointing authority without right of appeal and without recourse to the procedures provided in Section 19 (Grievances) hereof.
An employee rejected during the probationary period from a position to which the employee has been promoted (“promotional probation”) shall be reinstated to the position from which employee was promoted if such position remains available. If position has been filled employee shall be considered for any open positions in which employee is qualified.
Section 19. Dismissal, Suspension or Demotion for Cause The City Manager or where the authority has been delegated by the City represented employee for cause. Suspension without pay shall not exceed thirty (30) days in any fiscal year.
Also, in accordance with the Fair Labor Standards Act, the suspension may not be for less than five (5) days unless it involves a safety violation. In accordance with applicable State law, a unit represented employee shall be notified in writing of any proposed disciplinary action with a copy to the Union and shall be given an opportunity to respond in writing or in person.
Any regular employee (one who has passed the probationary period) who is suspended, demoted or dismissed shall be furnished a written notice of such action. Upon the unit represented employee's request, the unit member shall be provided a written statement of the reasons for such action.
Section 20. Grievances
20.1 Definition
A grievance is any dispute which involvesthe interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of the named City official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. A grievance regarding discipline, suspension or discharge must be filed within seven (7) work days. All other grievances must be filed within fourteen (14) work days. All grievances shall be handled in accordance with the procedure that follows:
20.2 Procedure
Grievances shall be processed in the following manner:
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 Association. 4935-3436-7098 v1 38
Within fourteen (14) calendar days of the event giving rise to a grievance, the aggrieved shall present the grievance in writing to 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 20 unless it has been filed in accordance with Sections 21.3.1 through 21.3.3.
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 21.3.3. 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 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.
20.3 No Change to Memorandum
Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of 4935-3436-7098 v1 39
or in connection with such proposal, may be referred to arbitration under this Section.
Neither any Adjustment Board nor any 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.
20.4 Demotion, Suspension and Dismissal Grievances
When the City Manager in pursuance of Section 19.2 (3) above resolves a grievance which involves suspension or discharge, the City Manager may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if he findsthat the City had such right, he may not order reinstatement and may not assess any penalty upon the City.
20.4.1 Letters of Reprimands
A letter of reprimand shall be removed from a member’s file after two (2) years, so long as no similar behavior has occurred.
20.5 Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints which allege that unit represented employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.
20.6 Mutual Agreement on Changes
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, and Union President.
Section 21. Separability of Provisions
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.
Section 22. Contracting Out
The City does not anticipate the need to contract out bargaining unit work during the term of this memorandum; however, if the City contemplates contracting out bargaining unit work, the City shall give the Union notice and an opportunity to meet and confer regarding any decision and/or impact that is within the scope of bargaining.
4935-3436-7098 v1 40
Section 23. No Strike
The Association, its members and representatives, agree that it and they will not during the term of this Memorandum of Understanding engage in, authorize, sanction, or support 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; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of employees not covered by this Memorandum of Understanding.
Section 24. Past Practices and Existing Memoranda of Understanding
24.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.
24.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Union.
24.3 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from adjustment Board or arbitration proceedings under Section 22) will be recognized unless agreed to by the City Manager and the Teamsters Local 350, provided that nothing herein shall prevent the City from adjusting past practices to conform with clear contract language.
24.4 All existing side letters that are not incorporated into this memorandum of Understanding shall terminate on the effective date of this Memorandum.
Section 25. Additional Provisions
25.1 Term of Agreement
The parties acknowledge that this Memorandum must be presented to and approved by the City of Pacifica City Council. Unless otherwise specifically stated in this MOU, this Memorandum shall become effective on the date approved by the City Council, and shall remain in effect through June 30, 2023.
25.2 Negotiations for a Successor Memorandum of Understanding No later than March 15, 2025, the City and the Association shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals. 4935-3436-7098 v1 41
Made and entered into this _____ day of NovemberDecember, 20232025.
MANAGEMENT EMPLOYEES
TEAMSTERS LOCAL 350
CITY OF PACIFICA
John Bouchard,
Secretary Treasurer
Kevin Woodhouse, City Manager
Rey Mendez, Teamster Local Union 350 –
Management
Yulia Carter, Deputy City Manager
Juan Coca
Business Representative/Chief Labor
Negotiator
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APPENDIX A
COMPLETE LIST OF CLASSIFICATIONS
INCLUDED IN MANAGEMENT EMPLOYEES UNIT
Associate Civil Engineer
Associate Planner
Childcare Supervisor
Deputy Fire Chief
EMS Chief
Engineering Manager
Field Services Manager
Information Systems & Technology Manager
Food I Senior Services Supervisor
Management Analyst I/II
Principal Civil Engineer
Project Manager
MIS Manager
Paramedic Coordinator
Public Works Superintendent
Recreation Manager
Recreation Supervisor
Senior code Enforcement Officer
Senior Planner
Public Works Supervisor
WWTP Assistant SuperintendentCollections System
Manager- Maintenance
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WWTP Assistant SuperintendentPlant ManagerOperations
WWTP Collections System Manager
WWTP Plant Manager
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APPENDIX B-1
2023-24 Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 1%-4% Equity Increase
Monthly Range
Minimum Maximum
Associate Civil Engineer $ 9,341$ 10,954
Associate Planner $ 8,150 $
9,609 Engineering Manager $ 11,632 $ 13,646
Field Services Manager $ 11,913 $ 13,699
Information Systems and Technology Manager $ 11,032 $ 13,680 Management Analyst I/II $ 8,441$ 10,640
Project Manager $ 10,506 $ 12,325
Public Works Superintendent $9,695 $ 11,706
Recreation Manager $ 10,168 $ 11,694
Recreation Supervisor (Child Care, Senior Services, Recreation $ 8,057 $ 9,266
Senior Civil Engineer $ 10,815 $ 12,687
Senior Code Enforcement Officer $ 8,317$ 10,088
Senior Planner $ 9,339$ 11,012
WWTP Assistant Superintendent – Maintenance $ 10,506 $ 12,325 WWTP Assistant Superintendent- Operations $ 10,506 $ 12,325 WWTP Collections System Manager $ 11,521 $ 13,515
WWTP Plant Manager $ 11,521 $ 13,515
2023-24 Salary Schedule
Teamsters Management Local 350 - Public Safety
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 3% Equity Increase = 5% Total
Monthly Range
Minimum Maximum
Deputy Fire Chief $ 18,193 $ 19,043
Paramedic Coordinator $ 12,181 $ 17,479
44 MP #4846-4618-3540 v4
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45 MP #4846-4618-3540 v4
4935-3436-7098 v1
APPENDIX B-2
2024-25 Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 1%-4% Equity Increase
Salary Range
Minimum Maximum
Associate Civil Engineer $ 9,621 $ 11,283
Associate Planner $ 8,394 $ 9,897
Engineering Manager $ 12,213 $ 14,328
Field Services Manager $ 12,390 $ 14,247
Information Systems and Technology Manager $ 11,474 $ 14,227 Management Analyst I/II $ 8,610 $ 10,852
Project Manager
Public Works Superintendent
$
10,7
16 $
10,0
83 $
12,5
72 $
12,1
75 Recreation Manager $ 10,677 $ 12,279
Recreation Supervisor $ 8,379 $ 9,637
Senior Civil Engineer $ 11,356 $ 13,322
Senior Code Enforcement Officer $ 8,483 $ 10,290
Senior Planner $ 9,712 $ 11,452
WWTP Assistant Superintendent – Maintenance $ 10,716 $ 12,571 WWTP Assistant Superintendent- Operations $ 10,716 $ 12,571 WWTP Collections System Manager $ 11,982 $ 14,056
WWTP Plant Manager $ 11,982 $ 14,056
2024-25 Salary Schedule
Teamsters Management Local 350 - Public Safety
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 3% Equity Increase = 5% Total
Salary Range
Minimum Maximum
Deputy Fire Chief $ 19,103 $ 19,995
Paramedic Coordinator $ 12,790 $ 18,353
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APPENDIX B-3
2021-2022-MISCELLANEOUS MEMBER SALARY SCHEDULE
(2% Increase)
2021-2022 SAFETY MEMBER SALARY SCHEDULE
(2% Increase+ 1% Equity Adjustment)
2021-22 Salary Schedule Teamsters Management Local 350 - Misc
Associate Civil Engineer $
8 ,
8 9
1 $
1 0
,
4 2
6 Associate Planner $
7 ,
7 5
7 $
9 ,
1 4
6 Childcare Supervisor $
7 ,
5 9
5 $
8 ,
7 3
5 Field Services Manager $
1 1
,
2 3
0 $
1 2
,
9 1
4 Food/Senior Services
Supervisor
$
7 $
8 47
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,595,735
Infonnation Systems and
Technology Manager
$10,400
$12,896
Management Ana]yst I/II
$8,113$10,227
Publie Works Superintendent
$9,139
$11,035
Recreation Manager
$9,494$10,919
Senior Civil Engineer
$10,098$11,846
Senior Planner
$8$1
48 MP #4846-4618-3540 v4
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,
8 0
4 0
,
3 8
1 WWTP Assistant
Superintendent - Maintenance
$
1 0
,
0 9
8 $
1 1
,
8 4
6 WWTP Assistant
Superintendent- Operations
$
1 0
,
0 9
8 $
1 1
,
8 4
6 WWTP Collections System
Manager
$
1 0
,
8 6
1 $
1 2
,
7 4
1 WWTP Plant Manager $
1 0
,
8 6
1 $
1 2
,
7 4
1 2021-22 Salary Schedule
Teamsters Management Local 350 - Public Safety
Deputy Fire
Chief
$
16,
822
$
1 7
49 MP #4846-4618-3540 v4
4935-3436-7098 v1
,
6 0
8 Paramedic
Coordinator
$
11,
263
$
1 6
,
1 6
2 4935-3436-7098 v1
APPENDIX B-4
2022-2023-MISCELLANEOUS MEMBER SALARY SCHEDULE
(2% Increase)
2022-2023 SAFETY MEMBER SALARY SCHEDULE
(2% Increase+ 1% Equity Adjustment)
2022-23 Salary Schedule Teamsters Management Local 350 - Misc
Associate Civil Engineer $
9 ,
0 6
9 $
1 0
,
6 3
5 Associate P1anner $
7 ,
9 1
2 $
9 ,
3 2
9 Childcare Supervisor $
7 ,
7 4
7 $
8 ,
9 1
0 Field Services Manager $
1 1
,
4 5
5 $
1 3
,
1 7
3 Food/Senior Services
Supervisor
$
7 ,
$
8 ,
4935
-3436-7098 v1
747910
Information Systems and
Technology Manager
$10,608
$13,154
Management Analyst I/II
$8,275
$10,431
Public Works Superintendent
$9,322
$11,256
Recreation Manager
$9,684$11,137
Senior Civil Engineer
$10,300$12,083
Senior Planner
$8,$10
4935-3436-7098 v1
9 8
0 ,
5 8
8 WW1P Assistant
Superintendent - Maintenance
$
1 0
.
3 0
0 $
1 2
.
0 8
3 WW1P Assistant
Superintendent- Operations
$
1 0
,
3 0
0 $
1 2
,
0 8
3 WWTP Collections System
Manager
$
1 1
,
0 7
8 $
1 2
,
9 9
6 WW1P P1ant Manager $
1 1
,
0 7
8 $
1 2
,
9 9
6 2022-23 Salary Schedule
Teamsters Management Local 350 - Public Safety
Deputy Fire
Chief
$
17,
327
$
1 8
,
4935-3436-7098 v1
1 3
6 Paramedic
Coordinator
$
11,
601
$
1 6
,
6 4
7 4935-3436-7098 v1