City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00994 June 14, 2022
Title: (City Council/Housing Authority) Labor Agreements: Approval of Sacramento Housing and Redevelopment Agency Employee Association (SHRAEA) and American Federation of Local, County, State and Municipal Employees (AFSCME) Labor Agreements/Memorandums of Understanding; Approval of Agency Wide Salary Schedule; Approval of Retiree Health Vesting Schedule [Published for 10- Day Review 06/03/2022]
Location: Citywide
Recommendation: Adopt: 1) a City Council Resolution a) approving the Memorandum of Understanding (MOU) between the Sacramento Housing and Redevelopment Agency and Sacramento Housing and Redevelopment Agency Employee Association (SHRAEA), b) approving the Memorandum of Understanding (MOU) between the Sacramento Housing and Redevelopment Agency and the American Federation of Local, County, State Municipal Employees (AFSCME), c) approving the revised Agency-Wide Salary Schedule for SHRAEA (represented) employees and AFSCME (represented) employees, and d) authorizing the Executive Director to make minor changes or adjustments to exhibits in order to correct omissions and errors; 2) a Housing Authority Resolution a) approving the Memorandum of Understanding (MOU) between the Sacramento Housing and Redevelopment Agency and Sacramento Housing and Redevelopment Agency Employee Association (SHRAEA), b) approving the Memorandum of Understanding (MOU) between the Sacramento Housing and Redevelopment Agency and the American Federation of Local, County, State Municipal Employees (AFSCME), and c) approving the revised Agency-Wide Salary Schedule for SHRAEA (represented) employees and AFSCME (represented) employees; 3) a Housing Authority Resolution approving a) a retiree medical vesting schedule under Public Employees Medical and Hospital Care Act (PEMHCA) Section 22893 with the State of California Public Employee Retirement System (CalPERS) for all Agency employees, and b) authorizing the Executive Director to make minor changes or adjustments to exhibits in order to correct omissions and errors.
Contact: James Shields, Deputy Executive Director, 916-440-1319, [email protected] ;
Sacramento Housing and Redevelopment Agency
Presenter: None.
[SEE NEXT PAGE FOR LIST OF ATTACHMENTS]
Attachments:
1-Description/Analysis
2-SHRAEA MOU redline
3-AFSCME MOU redline
4-City Council Resolution – MOU approval
5-Housing Authority Resolution –MOU approval
6-Exhibit A – SHRAEA MOU Final
7-Exhibit B - AFSCME MOU Final
8-Exhibit C – Agency-Wide Salary Schedule
9-Housing Authority Resolution – Retiree Health Vesting Schedule
Description/Analysis
Issue Detail: This report recommends that the City Council and Housing Authority of the City of Sacramento authorize approval of the changes to the SHRAEA and AFSCME Collective Bargaining Agreements as follows:
Sacramento Housing and Redevelopment Agency Employee Association
The 2020-2022 MOU between the Sacramento Housing and Redevelopment Agency and Sacramento Housing Redevelopment Agency Employee Association (SHRAEA) expires on December 31, 2022. The Sacramento Housing and Redevelopment Agency and SHRAEA have negotiated a successor MOU.
Attachment 2 is the redline version of the successor MOU which include the following major new contract terms:
• New term expires December 31, 2024
• Effective July 1, 2022, all SHRAEA represented employees shall receive a 2.0% salary range increase
• Effective July 1, 2022, all SHRAEA represented employees shall receive a lump sum payment of $500
• Effective the second payday of 2023, all SHRAEA represented employees shall receive a 3.5% salary range increase.
• Effective the second payday of 2024, all SHRAEA represented employees shall receive a 3.5% salary range increase
• Health Insurance and Welfare Contributions
o Effective January 1, 2023, the Agency’s designated group insurance contribution for regular and limited-term full-time employees for SHRAEA shall be as follows:
(1) Employee only: Equal to the cost of the lowest cost HMO Plan at the employee only level plus Dental DMO Plan for employee only per month (2) Employee plus one: Equal to the cost of the lowest cost HMO Plan at the employee plus one level plus Dental DMO Plan for the employee plus one (3) Employee plus two or more: Equal to the cost of the lowest cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more o Effective January 1, 2024, allowances will be a dollar number based on the allowance set by the 2024 rates versus a formula.
• Overtime
o For the purpose of computing overtime, all paid time off shall not be considered as time worked
• Floating Holiday Accruals
o Each employee shall receive the equivalent to three (3) floating holidays per fiscal year
• Tuition Reimbursement
o Increased tuition reimbursement to the IRS maximum ($5250 per calendar year) • Downtown Parking Subsidy
o increased to $175 per month
• Retiree Health Insurance Contribution Program
o Agency to adopt a retiree medical vesting schedule under PEMHCA Section 22893 with CalPERS.
American Federation of Local, County, State and Municipal Employees, Local 146
The 2020-2022 MOU between the Sacramento Housing and Redevelopment Agency and the American Federation of Local, County, State, and Municipal Employees, (AFSCME) expires on December 31, 2022. The Sacramento Housing and Redevelopment Agency and AFSCME have negotiated a successor MOU.
Attachment 3 is the redline version of the successor MOU which include the following major new contract terms:
• New term expires December 31, 2024
• Effective July 1, 2022, all AFSCME represented employees shall receive a 2.0% salary range increase
• Effective July 1, 2022, all AFSCME represented employees shall receive a lump sum payment of $500
• Effective the second payday of 2023, all AFSCME represented employees shall receive a 3.5% salary range increase.
• Effective the second payday of 2024, all AFSCME represented employees shall receive a 3.5% salary range increase
• Health Insurance and Welfare Contributions
o Effective January 1, 2023, the Agency’s designated group insurance contribution for regular and limited-term full time employees for AFSCME shall be as follows:
(1) Employee only: Equal to the cost of the lowest cost HMO Plan at the employee only level plus Dental DMO Plan for employee only per month
(2) Employee plus one: Equal to the cost of the lowest cost HMO Plan at the employee plus one level plus Dental DMO Plan for the employee plus one (3) Employee plus two or more: Equal to the cost of the lowest cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more o Effective January 1, 2024, allowances will be a dollar number based on the allowance set by the 2024 rates versus a formula.
• Overtime
o For the purpose of computing overtime, all paid time off shall not be considered as time worked.
• Floating Holiday Accruals
o Each employee shall receive the equivalent to three (3) floating holidays per fiscal year.
• Safety Glasses
o The Agency will reimburse the employee for the purchase of prescription safety glasses up to a maximum cost of $250 every two (2) years. • Tuition Reimbursement
o Increased tuition reimbursement to the IRS maximum ($5250 per calendar year). • Downtown Parking Subsidy
o Increased to $175 per month.
• Retiree Health Insurance Contribution Program
o Agency to adopt a retiree medical vesting schedule under PEMHCA Section 22893 with CalPERS.
Salary Schedule: The California Code of Regulations requires that the City Council adopt the Sacramento Housing and Redevelopment Agency’s Salary Schedule at a public meeting (2 CCR § 570.5). This obligation arises whenever salary ranges are changed to ensure that salary rates are transparent and publicly available. California Public Employee’s Retirement System (CalPERS) uses these publicly adopted rates to determine the appropriate compensation earnable for each Agency employee when calculating their pension benefit. The final, comprehensive Agency-Wide Salary Schedule is attached to the Resolutions as Exhibit C.
Approval of Retiree Medical Vesting Schedule Pursuant to Government Code Section 22893, the Agency is proposing to adopt a Retiree Medical Vesting Schedule (Schedule). The Schedule applies automatically to employees first employed on or after January 1, 2023.
Employees hired on or before December 31, 2022 will be allowed to opt into the new vesting schedule only once during the initial enrollment period in 2022.
Policy Considerations: Approval of this action by the City Council and Housing Authority is consistent with the Agency’s legal obligation under the Meyers-Milias-Brown Act, adheres to the Agency’s positive labor-management relations concept, and provides labor stability. The Sacramento City Code Section 4.04.020 and Council Rules and Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a two-thirds vote of the City Council, all labor agreements and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to Council action. This item was published for 10-day review on June 3, 2022, in compliance with the City Code.
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed actions consist of governmental fiscal activities which do not involve a commitment to any specific project, and as such, does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 (b)(4).
National Environmental Policy Act (NEPA): The proposed administrative and management activity is an exempt activity under the National Environmental Policy Act (NEPA), 24 CFR (a)(3).
Sustainability: N/A
Rationale for Recommendation: Approval of the attached resolutions will establish new MOUs for both SHRAEA and AFSCME in accordance with appropriate labor law requirements.
In addition, a new retiree health vesting schedule as required by Government Code 22893 will be established.
Financial Considerations: The increases recommended in the MOUs with SHRAEA and AFSCME will cost approximately $2,731,470 million. All salary and benefit costs for the proposed increases will be incorporated into the Agency’s FY2022/23/24 annual budgets.
City of Sacramento
Legislation Text
915 I Street
Sacramento, CA 95814
File #: 2022-00994, Version: 1
Title:
(City Council/Housing Authority) Labor Agreements: Approval of Sacramento Housing and Redevelopment Agency Employee Association (SHRAEA) and American Federation of Local, County, State and Municipal Employees (AFSCME) Labor Agreements/Memorandums of Understanding; Approval of Agency Wide Salary Schedule; Approval of Retiree Health Vesting Schedule [Published for 10-Day Review 06/03/2022]
File ID: 2022-00994
Location: Citywide
Recommendation:
Adopt: 1) a City Council Resolution a) approving the Memorandum of Understanding (MOU) between the Sacramento Housing and Redevelopment Agency and Sacramento Housing and Redevelopment Agency Employee Association (SHRAEA), b) approving the Memorandum of Understanding (MOU) between the Sacramento Housing and Redevelopment Agency and the American Federation of Local, County, State Municipal Employees (AFSCME), c) approving the revised Agency-Wide Salary Schedule for SHRAEA (represented) employees and AFSCME (represented) employees, and d) authorizing the Executive Director to make minor changes or adjustments to exhibits in order to correct omissions and errors; 2) a Housing Authority Resolution a) approving the Memorandum of Understanding (MOU) between the Sacramento Housing and Redevelopment Agency and Sacramento Housing and Redevelopment Agency Employee Association (SHRAEA), b) approving the Memorandum of Understanding (MOU) between the Sacramento Housing and Redevelopment Agency and the American Federation of Local, County, State Municipal Employees (AFSCME), and c) approving the revised Agency-Wide Salary Schedule for SHRAEA (represented) employees and AFSCME (represented) employees; 3) a Housing Authority Resolution approving a) a retiree medical vesting schedule under Public Employees Medical and Hospital Care Act (PEMHCA) Section 22893 with the State of California Public Employee Retirement System (CalPERS) for all Agency employees, and b) authorizing the Executive Director to make minor changes or adjustments to exhibits in order to correct omissions and errors.
Contact: James Shields, Deputy Executive Director, 916-440-1319, [email protected] <mailto:[email protected]>; Sacramento Housing and Redevelopment Agency Presenter: None.
Attachments:
City of Sacramento Printed on 6/8/2022Page 1 of 5
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File #: 2022-00994, Version: 1
1-Description/Analysis
2-SHRAEA MOU redline
3-AFSCME MOU redline
4-City Council Resolution - MOU approval
5-Housing Authority Resolution -MOU approval
6-Exhibit A - SHRAEA MOU Final
7-Exhibit B - AFSCME MOU Final
8-Exhibit C - Agency-Wide Salary Schedule
9-Housing Authority Resolution - Retiree Health Vesting Schedule Description/Analysis
Issue Detail: This report recommends that the City Council and Housing Authority of the City of Sacramento authorize approval of the changes to the SHRAEA and AFSCME Collective Bargaining Agreements as follows:
Sacramento Housing and Redevelopment Agency Employee Association The 2020-2022 MOU between the Sacramento Housing and Redevelopment Agency and Sacramento Housing Redevelopment Agency Employee Association (SHRAEA) expires on December 31, 2022. The Sacramento Housing and Redevelopment Agency and SHRAEA have negotiated a successor MOU.
Attachment 2 is the redline version of the successor MOU which include the following major new contract terms:
· New term expires December 31, 2024
· Effective July 1, 2022, all SHRAEA represented employees shall receive a 2.0% salary range increase
· Effective July 1, 2022, all SHRAEA represented employees shall receive a lump sum payment of $500
· Effective the second payday of 2023, all SHRAEA represented employees shall receive a
3.5% salary range increase.
· Effective the second payday of 2024, all SHRAEA represented employees shall receive a
3.5% salary range increase
· Health Insurance and Welfare Contributions
o Effective January 1, 2023, the Agency’sdesignated group insurance contribution for regular and limited-term full-time employees for SHRAEA shall be as follows:
(1) Employee only: Equal to the cost of the lowest cost HMO Plan at the employee only level plus Dental DMO Plan for employee only per month
(2) Employee plus one: Equal to the cost of the lowest cost HMO Plan at the employee plus one level plus Dental DMO Plan for the employee plus one (3) Employee plus two or more: Equal to the cost of the lowest cost HMO Plan at the City of Sacramento Printed on 6/8/2022Page 2 of 5
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File #: 2022-00994, Version: 1
employee plus two or more plus Dental DMO Plan for the employee plus two or more o Effective January 1, 2024, allowances will be a dollar number based on the allowance set by the 2024 rates versus a formula.
· Overtime
o For the purpose of computing overtime, all paid time off shall not be considered as time worked
· Floating Holiday Accruals
o Each employee shall receive the equivalent to three (3) floating holidays per fiscal year · Tuition Reimbursement
o Increased tuition reimbursement to the IRS maximum ($5250 per calendar year) · Downtown Parking Subsidy
o increased to $175 per month
· Retiree Health Insurance Contribution Program
o Agency to adopt a retiree medical vesting schedule under PEMHCA Section 22893 with CalPERS.
American Federation of Local, County, State and Municipal Employees, Local 146 The 2020-2022 MOU between the Sacramento Housing and Redevelopment Agency and the American Federation of Local, County, State, and Municipal Employees, (AFSCME) expires on December 31, 2022. The Sacramento Housing and Redevelopment Agency and AFSCME have negotiated a successor MOU.
Attachment 3 is the redline version of the successor MOU which include the following major new contract terms:
· New term expires December 31, 2024
· Effective July 1, 2022, all AFSCME represented employees shall receive a 2.0% salary range increase
· Effective July 1, 2022, all AFSCME represented employees shall receive a lump sum payment of $500
· Effective the second payday of 2023, all AFSCME represented employees shall receive a
3.5% salary range increase.
· Effective the second payday of 2024, all AFSCME represented employees shall receive a
3.5% salary range increase
· Health Insurance and Welfare Contributions
o Effective January 1, 2023, the Agency’sdesignated group insurance contribution for regular and limited-term full time employees for AFSCME shall be as follows:
(1) Employee only: Equal to the cost of the lowest cost HMO Plan at the employee only level plus Dental DMO Plan for employee only per month
(2) Employee plus one: Equal to the cost of the lowest cost HMO Plan at the employee City of Sacramento Printed on 6/8/2022Page 3 of 5
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File #: 2022-00994, Version: 1
plus one level plus Dental DMO Plan for the employee plus one (3) Employee plus two or more: Equal to the cost of the lowest cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more o Effective January 1, 2024, allowances will be a dollar number based on the allowance set by the 2024 rates versus a formula.
· Overtime
o For the purpose of computing overtime, all paid time off shall not be considered as time worked.
· Floating Holiday Accruals
o Each employee shall receive the equivalent to three (3) floating holidays per fiscal year. · Safety Glasses
o The Agency will reimburse the employee for the purchase of prescription safety glasses up to a maximum cost of $250 every two (2) years.
· Tuition Reimbursement
o Increased tuition reimbursement to the IRS maximum ($5250 per calendar year). · Downtown Parking Subsidy
o Increased to $175 per month.
· Retiree Health Insurance Contribution Program
o Agency to adopt a retiree medical vesting schedule under PEMHCA Section 22893 with CalPERS.
Salary Schedule: The California Code of Regulations requires that the City Council adopt the Sacramento Housing and Redevelopment Agency’s Salary Schedule at a public meeting (2 CCR § 570.5). This obligation arises whenever salary ranges are changed to ensure that salary rates are transparent and publicly available. California Public Employee’s Retirement System (CalPERS) uses these publicly adopted rates to determine the appropriate compensation earnable for each Agency employee when calculating their pension benefit. The final, comprehensive Agency-Wide Salary Schedule is attached to the Resolutions as Exhibit C.
Approval of Retiree Medical Vesting Schedule Pursuant to Government Code Section 22893, the Agency is proposing to adopt a Retiree Medical Vesting Schedule (Schedule). The Schedule applies automatically to employees first employed on or after January 1, 2023. Employees hired on or before December 31, 2022 will be allowed to opt into the new vesting schedule only once during the initial enrollment period in 2022.
Policy Considerations: Approval of this action by the City Council and Housing Authority is consistent with the Agency’s legal obligation under the Meyers-Milias-Brown Act, adheres to the Agency’s positive labor-management relations concept, and provides labor stability. The Sacramento City Code Section 4.04.020 and Council Rules and Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a two-thirds vote of the City Council, all labor agreements and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to Council action. This item was published for 10-day review on June 3, 2022, in compliance with the City Code.
City of Sacramento Printed on 6/8/2022Page 4 of 5
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File #: 2022-00994, Version: 1
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed actions consist of governmental fiscal activities which do not involve a commitment to any specific project, and as such, does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 (b)(4).
National Environmental Policy Act (NEPA): The proposed administrative and management activity is an exempt activity under the National Environmental Policy Act (NEPA), 24 CFR (a) (3).
Sustainability: insert info here.
Rationale for Recommendation: Approval of the attached resolutions will establish new MOUs for both SHRAEA and AFSCME in accordance with appropriate labor law requirements. In addition, a new retiree health vesting schedule as required by Government Code 22893 will be established.
Financial Considerations: The increases recommended in the MOUs with SHRAEA and AFSCME will cost approximately $2,731,470 million. All salary and benefit costs for the proposed increases will be incorporated into the Agency’s FY2022/23/24 annual budgets.
City of Sacramento Printed on 6/8/2022Page 5 of 5
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Attachment 2
AGREEMENT BETWEEN
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY
EMPLOYEES ASSOCIATION
AND
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY
July 1, 2022 – December 31, 2024
PREAMBLE ................................................................................................................................................................ 6 ARTICLE 1 – ENTIRE AGREEMENT .................................................................................................................... 7
1.1 ENTIRE AGREEMENT ................................................................................................................................ 7 ARTICLE 2 – RIGHTS OF MANAGEMENT ......................................................................................................... 8
2.1 RIGHTS OF MANAGEMENT ..................................................................................................................... 8 ARTICLE 3 – ASSOCIATION RIGHTS .................................................................................................................. 9
3.1 ASSOCIATION RECOGNITION ................................................................................................................. 9
3.2 PAYROLL DEDUCTIONS ......................................................................................................................... 10
3.3 AGENCY SHOP .......................................................................................................................................... 12
3.4 ASSOCIATION STEWARDS AND ASSOCIATION REPRESENTATION ............................................ 14
3.5 ASSOCIATION BUSINESS ....................................................................................................................... 15
3.6 ASSOCIATION LEAVE ............................................................................................................................. 15
3.7 BULLETIN BOARDS ................................................................................................................................. 16
3.8 USE OF FACILITIES .................................................................................................................................. 16 ARTICLE 4 – GRIEVANCE AND ARBITRATION PROCEDURE................................................................... 17
4.1 DEFINITION ............................................................................................................................................... 17
4.2 INTENT ....................................................................................................................................................... 17
4.3 PROCEDURE.............................................................................................................................................. 17
4.4 GRIEVANCE TIMELINES AND LIMITATIONS ..................................................................................... 17
4.5 INFORMAL GRIEVANCE ......................................................................................................................... 17
4.6 FORMAL GRIEVANCE - STEP 1 .............................................................................................................. 18
4.7 FORMAL GRIEVANCE - STEP 2 .............................................................................................................. 18
4.8 FORMAL GRIEVANCE - ARBITRATION ............................................................................................... 18 ARTICLE 5 – SALARIES ........................................................................................................................................ 20
5.1 WAGE AND SALARY ADJUSTMENTS .................................................................................................. 20
5.2 SALARY STEP INCREASE AND FLEX STAFFING ADVANCEMENT ................................................ 20
5.3 Y-RATE....................................................................................................................................................... 20 ARTICLE 6 – EMPLOYEE BENEFITS ................................................................................................................. 21
6.1 HEALTH INSURANCE .............................................................................................................................. 21
6.2 LIFE INSURANCE ..................................................................................................................................... 22
6.3 HEALTH INSURANCE PREMIUM ADVANCE ...................................................................................... 22
6.4 RETIREMENT PLAN AND CONTRIBUTION ......................................................................................... 23
6.5 CASH OUT AND/OR CREDIT FOR UNUSED SICK LEAVE ................................................................. 23
6.6 FLEXIBLE SPENDING ACCOUNTS ........................................................................................................ 23
6.7 OTHER EMPLOYEE BENEFITS ............................................................................................................... 24
6.8 STATE DISABILITY INSURANCE .......................................................................................................... 24 ARTICLE 7 – HOURS OF WORK AND OVERTIME ......................................................................................... 25
7.1 HOURS OF WORK ..................................................................................................................................... 25
7.2 OVERTIME ................................................................................................................................................. 25
7.3 COMPENSATORY TIME OFF (CTO) ....................................................................................................... 25
7.4 PART-TIME EMPLOYMENT .................................................................................................................... 26 ARTICLE 8 – HOLIDAYS AND LEAVES ............................................................................................................ 27
8.1 HOLIDAYS ................................................................................................................................................. 27
8.2 ANNUAL LEAVE....................................................................................................................................... 28
8.3 SICK LEAVE .............................................................................................................................................. 29
8.4 COURT LEAVE/JURY DUTY ................................................................................................................... 30
8.5 LEAVES OF ABSENCE WITHOUT PAY ................................................................................................. 30
8.6 PARENTAL LEAVE ................................................................................................................................... 32
8.7 CATASTROPHIC LEAVE ......................................................................................................................... 33
8.8 AGENCY CLOSURES ............................................................................................................................... 33 ARTICLE 9 – SPECIAL ALLOWANCES ............................................................................................................. 35
9.1 CALL-IN PAY ............................................................................................................................................ 35
9.2 NIGHT-SHIFT DIFFERENTIAL ................................................................................................................ 35
9.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION ...................................................................... 35
9.4 LONGEVITY PAY ..................................................................................................................................... 36
9.5 BILINGUAL PAY ....................................................................................................................................... 36 ARTICLE 10 – PERSONNEL ACTIONS ............................................................................................................... 37
10.1 PROBATIONARY PERIOD FOR NEW HIRES, TRANSFERS, PROMOTIONS OR PROBATIONARY EMPLOYEES ASSIGNED TO FILL A VACANCY .............................................................................................. 37
10.2 SELECTION FOR VACANCIES (STEP TO STEP TRANSFER).............................................................. 37
10.3 PROMOTIONS ........................................................................................................................................... 38
10.4 PROMOTIONAL TRANSFERS ................................................................................................................. 38
10.5 TRANSFERS WITHIN CLASSIFICATION .............................................................................................. 39
10.6 INVOLUNTARY TRANSFERS ................................................................................................................. 39
10.7 DEMOTIONS .............................................................................................................................................. 39
10.8 TRANSITION ............................................................................................................................................. 40
10.9 DISCIPLINARY ACTION .......................................................................................................................... 40
10.10 IN-LIEU DISCIPLINE ............................................................................................................................ 41
10.11 CITIZENS COMPLAINT........................................................................................................................ 41
10.12 EMPLOYEE PERSONNEL RECORDS ................................................................................................. 41
10.13 EMPLOYEE PERFORMANCE EVALUATIONS ................................................................................. 42 ARTICLE 11 – SENIORITY AND LAYOFF ......................................................................................................... 43
11.1 SENIORITY AND CLASSIFICATION DEFINITIONS ............................................................................ 43
11.2 LAYOFF, TEMPORARY LAYOFF, REDUCED WORK SCHEDULE, BUMPING AND REGRESSION LADDER DEFINITIONS ....................................................................................................................................... 44
11.3 REDUCED WORK SCHEDULE, TEMPORARY LAYOFF AND PERMANENT LAYOFF PROCEDURE ......................................................................................................................................................... 45
11.4 RECALL ...................................................................................................................................................... 47
11.5 VOLUNTARY WORK FURLOUGH/REDUCED WORKWEEK PROGRAM ........................................ 48
11.6 EMPLOYEES NOT COVERED BY THIS AGREEMENT ........................................................................ 49 ARTICLE 12 – REIMBURSEMENTS .................................................................................................................... 50
12.1 TUITION REIMBURSEMENT .................................................................................................................. 50
12.2 REGIONAL TRANSIT MONTHLY PASS ................................................................................................ 50
12.3 DOWNTOWN PARKING SUBSIDY ......................................................................................................... 50
12.4 MILEAGE REIMBURSEMENT ................................................................................................................ 50 ARTICLE 13 – SAFETY AND UNIFORMS .......................................................................................................... 52
13.1 HEALTH AND SAFETY ............................................................................................................................ 52
13.2 HEALTH AND SAFETY EQUIPMENT .................................................................................................... 52
13.3 UNIFORMS ................................................................................................................................................. 52 ARTICLE 14 – MISCELLANEOUS ....................................................................................................................... 53
14.1 SAVING CLAUSE ...................................................................................................................................... 53
14.2 STRIKES AND LOCKOUTS ...................................................................................................................... 53
14.3 CLASSIFICATION STRUCTURE CHANGES ......................................................................................... 53
14.4 DRIVER LICENSE AND INSURABILITY ............................................................................................... 53
14.5 TELEWORK PROGRAM ........................................................................................................................... 53
14.6 RETIREE HEALTH INSURANCE CONTRIBUTION PROGRAM
…………………………………………………………………………………………………52
14.7 TERM .......................................................................................................................................................... 54 EXHIBIT A – SALARY SCHEDULE ..................................................................................................................... 57 EXHIBIT B – REGRESSION LADDERS .............................................................................................................. 58
PREAMBLE
This Agreement, hereinafter referred to as the Agreement, has been entered into by the SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY OF THE CITY AND COUNTY OF SACRAMENTO, hereinafter referred to as the Agency, and the
SACRAMENTO HOUSING AND REDEVELOPMENT AGE NCY EMPLOYEES
ASSOCIATION, hereinafter referred to as the Association. These parties have met and conferred in good faith and this resulting Agreement has as its purpose the promotion of harmonious labor relations between the Agency and the Association, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – ENTIRE AGREEMENT
1.1 ENTIRE AGREEMENT
a. This Agreement, upon ratification by the Governing Boards, supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties and concludes negotiations for its term.
b. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of representation and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Agency and the Association, for the duration of this Agreement and an y extension, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to negotiate with respect to any subject or matter, whether or not referred to or covered in this Agreement even though such subjects o r matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
c. This Article shall not be construed so as to prevent the parties from mutually agreeing, in writing, to reopen a provision or provisions in this Agreement, so long as reopened provisions are specified in the parties' mutually reopened agreement and other provisions in this Agreement continue in full force and effect.
ARTICLE 2 – RIGHTS OF MANAGEMENT
2.1 RIGHTS OF MANAGEMENT
The Agency retains all rights not expressly abridged by this Agreement and applicable laws and other regulations, including the grievance procedure herein. These rights shall include, but are not limited to, the exclusive right to: a) direct, supervise, hire, promote, evaluate, suspend, discipline, discharge, transfer, assign, schedule and retain employees; b) dismiss employees due to lack of work, lack of funds, or abolishment of position; c) determine services to be rendered, operations to be performed, utilization of technology, work and productivity standards, and methods of work to be performed; d) determine the mission of the Agency, its organization, the number of employees, appropriate job classifications and all budgetary matters; e) maintain and improve the efficiency and effectiveness of Agency operations; and f) take any necessary actions to carry out its mission in situations of emergency.
ARTICLE 3 – ASSOCIATION RIGHTS
3.1 ASSOCIATION RECOGNITION
a. For the purposes of meeting and conferring with respect to wages, hours, and other terms and conditions of employment, the Agency recognizes t he Association as the sole and exclusive bargaining agent for all employees in the Administrative and Technical Unit in the following job classifications, subject to the right of an employee to represent himself/herself as provided in Government Code Section 3502.
Accountant
Accountant Specialist
Assistant Agency Clerk
Buyer
Community Development Analyst – Range 1
Community Development Analyst – Range 2
Community Property Representative
Community Property Representative – On Site
Compliance Analyst I
Compliance Analyst II
Compliance/Procurement Analyst
Construction Engineer
Construction Technician
Contact Center Agent
Community Outreach Liaison
Finance Specialist - Payroll
GIS Analyst
Housing Authority Analyst
Housing Finance Analyst - Range 1
Housing Finance Analyst - Range 2
Housing Finance Analyst - Range 3
Housing Program Specialist
Housing Program Technician I
Housing Program Technician II
Housing Services Coordinator
IT Customer Support Specialist
IT Desktop & Support Analyst
Leasing Agent
Loan Processing Analyst
Loan Servicing Analyst
Principal Accountant
Principal Construction Architect
Principal Construction Technician
Procurement Specialist
Program Lead
Program Technician
Real Estate Analyst
Real Estate Specialist
Relocation Specialist
Regulatory Compliance Analyst
Regulatory Compliance Specialist
Resident Services Specialist
Senior Compliance/ Procurement Analyst
Senior Housing Program Specialist
Sr. Leasing Agent
Sr. Loan Servicing Analyst
b. Employment Status:
The standing of an employee's present appointment. There are the following types of status for employees covered by this Agreement:
Regular: The status of an employee who has been lawfully retained in a classification after completion of a probationary period.
Probationary: The status of an employee who has been appointed to a classification, but who has not completed the required probationary period of fifty-two (52) weeks of continuous service.
Pre-approved time off during the probationary period shall not be considered to be a break in continuous service; however, any absence exceeding ten (10) work days shall extend the probationary period by an equal amount of time.
Part-Time: A position of varying duration, but must be such as to work more than twenty (20) hours and less than forty (40) hours per week.
Limited-Term: The status of an employee hired for a limited duration, up to a maximum of eighteen (18) months, because of seasonal workloads, special projects, or other reason. Such employee must wo rk within one year from each date of employment, at least 1,040 hours during a continuous period of at least six (6) months.
c. The Agency will not utilize limited -term positions to circumvent the establishment of regular positions.
d. The Association will not o bject to the State Mediation and Conciliation Service or the American Arbitration Association conducting an election pursuant to the Agency's Employer-Employee Relations Policy.
3.2 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions for group insurance plans to which the Agency now is or shall hereafter be a contracting party, the Agency agrees to establish payroll deductions for members of the Associati on the first two (2) paydays of each month for:
(1) the normal and regular monthly membership dues;
(2) the service fees for non -members as set forth in Section 3.3 of this Agreement;
(3) insurance premiums for plans to which the Agency is not a contracting party, inc luding Association -sponsored disability insurance premiums and automobile insurance premiums; and (4) charitable contributions.
b. All payroll deductions set forth in Section 3.2(a) above shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth in authorization forms approved by the Agency. Such forms shall be those which are currently used. Any changes or modifications shall be agreed upon between the Agency and the Association.
(2) Such deductions shall be made only upon submission to the Human Resources Department of said authorization form duly completed and executed by the employee and the Association.
(3) The Association will be responsible for submitting to the Human Resources Department any changes in the amounts to be payroll deducted from the paychecks of employees who have authorization forms on file with the Agency. The Agency may devise a payroll deduction input document for use by the Association.
(4) The Agency must approve, in advance, all payr oll deductions made pursuant to Section 3.2(a)(3) and (4). All insurance plans must be approved as being non -competitive and non-duplicative of Agency- offered insurance programs.
(5) The Association agrees to indemnify, defend and hold the Agency, its officer s, agents and employees harmless against any claims made, and against any suits instituted against them or any one of them on account of any payroll deduction made pursuant to this Article.
c. The Agency will remit to the Association a check for all the deductions.
d. Solicitation and/or servicing of Association insurance and benefit programs shall not interrupt on-duty employees nor be conducted in any Agency facility without prior approval of the Agency.
3.3 AGENCY SHOP
a. General
As a condition of continued employment, all regular employees who are paid one or more hours salary during a bi-weekly pay period, and all part-time employees who are paid forty (40) or more hours salary d uring a bi -weekly pay period shall be a member of the Association or pay an agency shop service fee to the Association in an amount determined as set forth in subsection (b) below. b. Service Fee
The service fee required shall be an amount equal to the Association's uniformly-applied standard initiation fee, periodic dues and general assessments. In computing such amounts, the Association shall exclude expenditures for members -only benefits and Association expenditures for political and ideological purposes unrelated to collective bargaining, contract administration and grievance adjustment. Any dispute as to the service fee or the amount thereof shall be directed solely to the Association, and the Agency shall not be a party to the dispute.
No employee who is paid for less than one hour of salary during a bi-weekly pay period and no part-time employee who is paid for less than forty (40) hours of salary during a bi-weekly pay period shall be required to pay a service fee under this Section.
Further, no employee shall be required to pay any service fee through their first full calendar month of employment with the Agency.
c. Religious Objection
Any employee otherwise required to pay a service fee under this Section, and who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall n ot be required to join or financially support any public employee organization as a condition of continued employment. Such an employee shall be required as a condition of continued employment, in lieu of the service fee, to pay a sum equal to the service fee otherwise payable under this Section to a non-religious, non-labor charitable fund exempt from taxation under Internal Revenue Code Section 501(c)(3).
Upon request of the Association, such employee shall be required to submit to the Association proof of payment of the in -lieu-of service fee. For purposes of this Section, such employees shall choose from the following three (3) organizations:
United Way
Firefighters Burn Institute
Children's Receiving Home
Employees claiming a religious exemption shall be required to file a written statement under oath or affirmation with the Association, which identifies the religious organization by name, if any, and which provides in detail that the employee and the organization meet all of the requirements for claiming the religious exemption. d. Disclosure and Reporting
The Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the Agency upon written request and to the employees covered by this Section within sixty (60) days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treas urer or corresponding principal officer, or by a certified public accountant. The Association, if required to file financial reports under the Labor -Management Disclosure Act of 1959 covering employees governed by this Agreement, or if required to file fi nancial reports under Section 3546.5 of the Government Code, shall instead provide the Agency with a copy of such financial reports.
e. Hold Harmless
The Association shall promptly refund to the Agency any amounts paid to the Association in error under this Section.
The Association expressly agrees to indemnify and hold the Agency harmless from any and all claims, demands, costs (including any costs incurred by the Agency in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the Agency in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include, but not be limited to, employee legal actions of a ny sort or nature against the Agency based upon or related to this Section. Further, in the event that the Agency undertakes disciplinary action against an employee pursuant to this Section, this hold harmless and indemnity agreement shall cover all costs and expenses, including any costs incurred by the Agency in defense of a lawsuit.
f. Change of Law
In the event there is a change in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Section is rendered unlawful by any published appellate court decision, this Section shall be forthwith deemed amended to comply with the change or decision in question.
g. Discipline Procedure
Failure to pay the required service fee under this Section constitutes cause for discharge pursuant to Section 10.8 of this Agreement. However, no employee shall be terminated under this Section unless:
(1) The Association first has notified the employee by letter, explaining that he/she is delinquent in not tendering the required service fee, or payment in lieu of service fee pursuant to subsections (b) and (c) above, specifying the current amount of the delinqu ency, and warning the employee that unless such service fee, or payment in lieu of service fee, is tendered within thirty (30) calendar days, the employee will be reported to the Agency for termination as provided in this Section; and
(2) The Association has furnished the Agency with written proof that the procedure of subsection (1) above has been followed, or has supplied the Agency with a copy of the letter sent to the employee and notice that he/she has not complied with the request. The Association must f urther provide, when requesting the Agency to terminate the employee, the following written notice:
"The Association certifies that (employee's name) has failed to tender the agency shop service fee, or payment in lieu of service fee, required as a condition of employment under this Agreement and that under the terms thereof, the Agency shall terminate the employee."
h. Employee Rights
Employees covered by this Agreement shall have all r ights specified in Government Code Section 3502.5(b).
3.4 ASSOCIATION STEWARDS AND ASSOCIATION REPRESENTATION a. The Agency recognizes and agrees to deal with the accredited Association stewards and representatives of the Association in all matters relating to grievances and the interpretation of this Agreement.
b. A written list of officers of the Association and the Association stewards with the specific areas they represent, shall be furnished to the Agency immediately after their designation and the Association shall notify the Agency promptly in writing of any changes of such Association officers or stewards.
c. The number of Association stewards shall not exceed four (4). Any change in the number of stewards shall be made by written consent of both parties. d. Upon notification of the Human Resources Manager, or his/her designated representative, a representative of the Association who will be representing the employee in the grievance and arbitration procedure, may visit the Agency at any time mutually agreeable to both parties for the purpose of preparing the case for arbitration. e. A representative of the Agency, at its option, may accompa ny the parties.
In addition, the representatives and the Association President, or his/her designated
representative, may privately interview employees, one at a time, in possession of facts relevant to the grievance. The interviews shall be held at a place provided by the Agency and for a reasonable period of time.
f. During any such visits, representatives shall not in any way interfere with the orderly and efficient operation of the Agency.
g. Notwithstanding the provisions of this Article and Article 4, Gri evance and Arbitration Procedure, on all matters relating to grievances and the interpretation of this Agreement, the Agency shall deal with only the accredited Association stewards and those Association officers elected by the general membership. Further, the provisions of Section 3.4(d) shall apply to only such persons (including a representative of the Association).
h. Notwithstanding any provision of this Section, in the event the full agency shop becomes effective for the Unit during the term of this Agr eement, the Association stewards for the Unit shall have no extensive designated responsibilities and shall not conduct any Association or representational activities, including grievance handling, on Agency time unless prior approval is expressly granted by Agency management.
3.5 ASSOCIATION BUSINESS
a. An employee who is elected or appointed to the Association office, or is selected for regular employment with the Association, shall be granted a leave of absence upon written request, at least thirty (30) days in advance, from the Agency . The leave shall be without pay for a one -year period or less. Leave of absence for Association business shall count as service time for the purpose of determining seniority. b. Members of the Association Negotiating Committee shall be granted leave from duty with full benefits for the purpose of negotiating the terms of an agreement when such meetings take place at a time during whic h such members are scheduled to be on duty.
c. An employee who is elected or selected by the Association, upon written request of the President of the Association, may be granted an excused absence without pay for a period of time sufficient to attend to union business, conferences, conventions, or special training schools, subject to the needs of the Agency.
3.6 ASSOCIATION LEAVE
a. The Association shall accrue a leave bank of twelve (12) hours per month , to be used for the purposes of conducting Association bu siness and attending training.
These hours may only be used by Association representatives employed by the Agency.
The hours shall accumulate to a maximum of 160 hours. Accrual shall continue once the hours are below the maximum amount.
b. The hours shall have no cash value and cannot be used for any other purpose than allowed under the provisions of this article.
c. The use of Association leave hours shall only be allowed if the Association provides a minimum of five (5) working days advance notice. The requ est shall be in writing and the approval/denial shall be provided in writing in a timely manner. Except for failure to provide five (5) working days advance notice, the leave request shall not be denied unless it would interfere with Agency business.
d. None of the leave hours shall be used for the purposes of advancing Association political views, such as attending political rallies or conferences , to support candidates running for office, or any such events of a similar nature. e. Association representatives u sing leave time for reasons other than is expressly provided under this Article shall forfeit their rights to Association Leave and may be subject to disciplinary action up to and including termination.
3.7 BULLETIN BOARDS
a. For purposes of posting Association notices, the Agency shall provide the Association with adequate space on bulletin boards in areas where the Association has employees it represents. Such notices may be posted by the Association. b. The Agency shall provide the Association with a list of bulletin boards with adequate space for Association notices. These same bulletin boards shall be utilized for the posting of job examination announcements and seniority lists. c. In the event a dispute arises concerning the appropriateness of material posted, the President of the Association will be advised by the Human Resources Director of the nature of the dispute and the notices will be removed until the dispute is resolved.
3.8 USE OF FACILITIES
a. The Association can use Agency conference rooms and similar facilities for meetings with employees. Use of Agency meeting facilities requires reasonable advance notice to the appropriate Agency official and is subject to Agency use of such facilities.
The Agency may establish reasonable regulations governing the use of Agency facilities as provided by this Section.
b. The Association will be permitted reasonable use, not to exceed once per calendar month, of the Agency's mail system for Association materials to employees covered by this Agreement. The mail code shall be clearly marke d on the envelope for such mail. The Agency shall not be held responsible for untimely or lost mail.
ARTICLE 4 – GRIEVANCE AND ARBITRATION PROCEDURE
4.1 DEFINITION
A grievance is any dispute between (a) the parties, (b) the Agency and an employee or employees, or (c) between or among employees, with respect to the meaning, interpretation, application or enforcement of this Agreement.
4.2 INTENT
It is the intent of the parties to this Agreement to anticipate and diminish causes of grievances and to settle any which arise, informally at the lowest practicable level of supervision, and as fairly and promptly as possible. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence, between steps of the grievance procedure, and the time in which each answer must be given. Any grievance not initiated, or pursued by the Association, aggrieved employee, or the Agency, as the case may be, within these time limits, will be considered settled on the basis of the last timely demand or answer by the Agency, as the case may be, unless the time is extended by agreement of both parties. At each step of the grievance procedure, the Agency shall make available information necessary and pertinent to the processing of the grievance, except for any material which, in the Agency's discretion mu st, in the public interest be kept confidential or which is intimate and private to the grieving employee.
4.3 PROCEDURE
Grievances will be processed in the following manner and within the stated time limits.
4.4 GRIEVANCE TIMELINES AND LIMITATIONS
No matter shall be considered a grievance unless it is presented in writing within thirty (30) calendar days after the occurrence of the events on which the grievance was based or within thirty (30) calendar days from which a reasonable person should have been aware of the grievance events. It is the intent of this provision that a grievance shall be filed as soon as practical. Grievance resolutions involving back pay are limited to thirty (30) calendar days prior to the date the grievance was filed. The only two exceptions are if there is mutual agreement by the parties to waive this provision, or for pay discrepancies that are supported by appropriate documentation.
If the Agency does not meet the time limits, the Association may process the grievance to the next step. Time limits at each step may be waived or extended by mutual agreement of the parties.
4.5 INFORMAL GRIEVANCE
The aggrieved employee or group of employees or a representative of the Association shall orally present the grievance to the employee's appropriate supervisor
or his/her designated representative within thirty (30) calendar days following the occurrence of events on which the grievance is based. The supervisor shall give his/her answer within ten (10) working days of the date of presentation of the grievance.
4.6 FORMAL GRIEVANCE - STEP 1
If the grievance is not resolved under Section 4. 5, it shall be reduced to writing, setting forth the alleged facts or circumstances giving rise to the grievance, the applicable Section of the Agreement asserted to hav e been violated and the remedy or correction requested of the Agency. The written grievance must be dated and signed by the aggrieved employee or the employee’s representative. The written grievance must be presented to the aggrieved employee's Department Director or the Department Director's designated representative, within ten (10) working days after the supervisor's answer under Section 4.5. The Department Director or designated representative shall establish a time for a grievance meeting with the a ggrieved employee and/or the Association representative to occur within ten (10) working days after receipt of the written grievance in an attempt to resolve the matter. At the grievance meeting, the Department Director or designated representative shall receive such evidence relevant to the grievance as the aggrieved employee and/or Association representative may wish to introduce. The Department Director or designated representative shall then consider the evidence received and render a written decision within ten (10) working days after the grievance meeting.
4.7 FORMAL GRIEVANCE - STEP 2
a. If the grievance is not satisfactorily resolved at Step 1, the written grievance may be presented to the Executive Director or the E xecutive Director's designated representative within ten (10) working days after receipt of the Department Director's written answer. The Executive Director or designated representative shall investigate and receive such evidence in the matter as seems ju st and proper and may meet with the aggrieved employee and/or the Association representative in an attempt to resolve the grievance. The Executive Director or designated representative shall then consider the evidence received and render a written decisio n on the grievance within twenty (20) working days after receipt of the written grievance.
b. The Association or the Agency may initiate their grievances at this Step 2 of the grievance procedure. Any grievance by the Agency against the Association must be filed with the Association President.
c. If the grievance is not resolved at Step 2 by mutual agreement of the parties the matter may be referred to mediation by the California State Mediation and Conciliation Service.
4.8 FORMAL GRIEVANCE - ARBITRATION
a. Grievances not settled at Step 2 of the grievance procedure may be referred to arbitration. Only the Agency or the Association may advance a grievance to arbitration.
Request for arbitration shall be made in writing within ten (10) working days after the
Executive Director's response is given. An impartial arbitrator shall be selected jointly by the Agency and the Association within twenty (20) working days of receipt of the request.
The parties shall attempt to mutually agree on an arbitrator. If the parties cannot agree on an arbitrator, they shall immediately make a joint request of the American Arbitration Association or State Mediation and Conciliation Service for a l ist of five (5) qualified arbitrators. The parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The arbitrator shall have access to all written statements and documents relevant to the grievance. The arbitrator shall render his/her decision no later than sixty (60) days after the conclusion of the final hearing. Such decision shall be made in writing and shall be final and binding on both parties and made in accordance with, and in conforman ce to, the terms of this Agreement. Copies of the decision will be furnished to both parties.
b. The arbitrator shall have no authority to add to, delete, or alter any provision of this Agreement, but shall limit his/her decision to the scope, application an d interpretation of the provisions of this Agreement and shall make no decisions in violation of existing law.
c. The fees and necessary expenses of any arbitration proceedings shall be shared equally by both parties, except that each party shall pay the fees of its own counsel and/or representative. The Agency agrees that employees shall not suffer loss of compensation for time spent as a witness or as the Association representative at an arbitration hearing held pursuant hereto. The Association agrees that the number of witnesses requested to attend and their scheduling shall be kept to a reasonable minimum.
d. The Agency and the Association shall provide, in writing, the names of witnesses and representatives attending the arbitration proceedings, at least on e (1) week in advance of the proceedings. No pay shall be provided to the witnesses or Association representative if the Association or grievant fails to provide the one (1) week advance notice.
ARTICLE 5 – SALARIES
5.1 WAGE AND SALARY ADJUSTMENTS
1. Effective July 1, 2022, all SHRAEA represented employees shall receive a 2% salary range increase.
2. Effective July 1, 2022, all SHRAEA represented employees shall receive a $500 lump sum payment.
3. Effective January 6, 2023, all SHRAEA classifications shall receive a 3.5% salary range increase.
4. Effective January 5, 2024, all SHRAEA classifications shall receive a 3.5% salary range increase.
5.2 SALARY STEP INCREASE AND FLEX STAFFING ADVANCEMENT
a. A new employee will normally receive the salary specified for Step 1 of the salary range which corresponds to his/her job classification. In special circumstances, a beginning salary above Step 1 may be authorized by the Executive Director. b. Employees are eligible for advancement to succeeding steps of the assigned salary range after the completion of the equivalent of fifty-two (52) weeks of full- time service.
c. An employee's step increase date shall be effective on the salary anniversary date.
d. A step increase may be denied only for just cause in writing. e. Employees advanced pursuan t to the Flexible Staffing Procedure shall receive a new anniversary date upon advancement to the higher salary range. Denial of such advancement shall not be subject to the grievance procedure.
5.3 Y-RATE
Those employees who are reallocated to classifications where the maximum rate of pay is less than the employee's salary immediately prior to the reallocation, pursuant to a classification and pay study, shall be Y -rated until the salary of the affected classification range is increased to the incumbent employee's Y-rated salary.
ARTICLE 6 – EMPLOYEE BENEFITS
6.1 HEALTH INSURANCE
Cafeteria/group insurance contributions may be used towards health and/or dental benefits.
Beginning January 1, 2022 , the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO Plan at the
employee only level plus Dental DMO Plan for employee only per month (2022)
b. Employee plus one: $1,280 per month (2022)
Employee plus two or more: $1,635 per month (2022)Beginning January 1, 2023, the Agency’s designated cafeteria/group insurance contribution for regular and limited - term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO plan at the
employee only level plus Dental DMO Plan for employee only per month b. Employee plus one: Lowest Cost HMO Plan at the
employee plus one level plus Dental DMO Plan for the employee plus one c. Employee plus two or more: Lowest Cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more
Beginning January 1, 2024, the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO plan at the
employee only level plus Dental DMO Plan for employee only per month b. Employee plus one: Lowest Cost HMO Plan at the
employee plus one level plus Dental DMO Plan for the employee plus one c. Employee plus two or more: Lowest Cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more
c.
d. All employees who are regularly scheduled to a part -time position in the Administrative and Technical Unit shall receive a pro rata Agency designated group insurance contribution based on the employee's regularly scheduled hours.
e. To be eligible for the Agency contribution under this Article the full -time employee must be paid for a minimum of forty (40) h ours of work during the bi -weekly pay period for which the Agency contribution is made. If an employee fails to meet this criterion the Agency shall deduct from the employee's paycheck the amount equal to the Agency contribution, in addition to any other employee deductions for health and dental insurance. If this deduction from the employee's paycheck cannot be made in its entirety, it is the responsibility of the individual employee to pay for the remaining amount. Failure to do so before the end of th e calendar month, including such paycheck(s), shall automatically drop the employee from the health and dental insurance program until the next open enrollment period.
f. All employees covered by this Agreement shall be enrolled in the employee plus one coverage under the Vision Care Plan "A".
g. Eligible employees may apply the Agency contribution toward the Agency-sponsored dependent care reimbursement program and the purchase of life insurance pursuant to Section 6.2.
h. In addition, effective February 1, 20 06, eligible employees may apply the unused Agency contribution to a maximum of $200.00 toward the Agency -sponsored dependent care reimbursement program, life insurance pursuant to Section 6.2, the employee's share of retirement contribution, and deferred compensation. Employees are required to maintain health insurance coverage or provide proof of coverage elsewhere. i. The Agency’s Cafeteria/group Insurance Contributions for employees hired on or before December 31, 2022 includes the following: The maximum health insurance contribution shall be $360.00 per month and shall continue at $360.00 per month for the duration of this Agreement. This contribution amount is included in the contribution amounts listed in Section 6.1(a) above.
j. Employees with proof of h ealth coverage from another source qualified under the Affordable Care Act may opt out of the health insurance and cafeteria plan.
Any employee opting out of the plan shall receive an opt -out payment in the amount of $200.
6.2 LIFE INSURANCE
The Agency shall provide $10,000 life insurance for probationary , regular, and limited-term employees covered by this Agreement. The Agency agrees that subject to Federal tax limitations and during the applicable open enrollment period, employees may purchase additional life insurance up to three (3) times annual salary. Such insurance may be purchased from the Agency health and dental contribution up to the Federal limit, and from employee out-of-pocket funds thereafter.
6.3 HEALTH INSURANCE PREMIUM ADVANCE
A regular or limited -term employee who is on medical leave and who has exhausted all leave balances and is on leave without pay, may request that the Agency
continue elected coverage limited to the Agency's medical plan by advancing payments during such leave. The Agency may advance no more than three (3) m onths of health insurance premiums and the employee shall reimburse the Agency for all such premiums paid.
6.4 RETIREMENT PLAN AND CONTRIBUTION
a. All employees covered by this Agreement that are not “new members” under the California Public Employees Pension Reform Act of 2013 (“PEPRA”) shall be in the 2% at 55 CalPERS retirement formula. Effective July 1, 2013 the Agency will pay two percent (2%) of the employee’s seven percent (7%) PERS contribution. Effective January 1, 2014 the Agency will pay only one percent (1%) of the employee’s seven percent (7%) PERS contribution. Effective January 1, 2015, the employee will pay the entire seven percent (7%) PERS contribution.
b. All current and new employees will be covered by the Public Employees’ Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013. Accordingly, all new employees hired on or after January 1, 2013, who are considered “new members” under the PEPRA shall be in the 2% at 62 CalPERS retirement formula described in PEPRA. In addition, “new members” shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs of their pension benefit.
6.5 CASH OUT AND/OR CREDIT FOR UNUSED SICK LEAVE
a. Effective upon adoption, an employee shall have the following option regarding sick leave cash out and/or credit at retirement:
(1) Convert all accrued sick leave to retirement service credit pursuant to Section 20965 of the Government code and Public Employment Retirement Law (PERL) or
(2) Cash out up to thirty -three and one third (33 1/3%) percent of 1040 hours of the accumulated sick leave hours and convert the balance of unused sick leave to retirement service credit with fifteen (15) years or more of Agency service.
b. An employee who termi nates employment with the Agency by any reason other than retirement shall forfeit any unused accumulated sick leave.
6.6 FLEXIBLE SPENDING ACCOUNTS
The following flexible spendi ng accounts shall be available to eligible employees contingent upon the Agency passing the required non -discrimination testing each pla n year:
a. Out-of-pocket costs for health and dental insurance premiums;
b. Unreimbursed health care expenses as allowed by law up to $5,000 per plan year; and
c. Dependent care reimbursement.
Administrative costs shall be paid by the employees participating in Sections 6.6(b) and (c).
6.7 OTHER EMPLOYEE BENEFITS
Except as modified by this Agreement, and subject to applicable laws, the following benefits shall remain in effect during the term of this Agreement:
a. State Unemployment Insurance
b. State Disability Insurance
c. Worker's Compensation Fund
d. Social Security
e. Public Employees' Retirement System
f. The Agency Human Resources Department is one of the locations employees may obtain information regarding the benefits mentioned above, as well as the Family Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA). It is not the intent of this section to res trict or expand the rights of employees in regard to the benefits mentioned herein.
6.8 STATE DISABILITY INSURANCE
a. Eligible employees may use State Disability Insurance on an integrated basis with Agency leave benefits providing for holiday time, sick leave, vacation, compensating time off and holiday in lieu time. This provision is an exception to the current policy which otherwise requires exhaustion of all accrued leave balances before a request for a leave of absence without pay can be considered. (1) The Agency shall continue its contributions toward the employee's health, dental, life and retirement contributions in accordance with established laws and practices during the pay periods which include Agency payment for integrated leave balances. The employee shall be responsible for payment of premiums required to maintain medical insurance coverages when Agency contributions cease.
ARTICLE 7 – HOURS OF WORK AND OVERTIME
7.1 HOURS OF WORK
a. The workweek for employees shall begin at 12:01 a.m. Saturday, and end at 12:00 midnight the following Friday. The workweek for full -time employees shall consist of forty (40) hours during the seven (7) day period, except as otherwise provided by the agreement.
b. The appointing authority may adjust hours of work, the workweek and lunch periods. Prior to a change in the schedule, the Agency shall give the employee and the Association fifteen (15) days notice. If the Agency fails to provide the fifteen (15) days notice, the employee shall be compensated at a rate of one and one -half (1-1/2) times the employee’s normal rate of pay for a period of fifteen (15) work days. c. Alternative schedules include, but are not limited to, 9/80 schedules consisting of eight (8) days of nine (9) hours and one day of eight (8) hours in a bi-weekly pay period; 4/10 schedules consisting of four (4) days of ten (10) hours in a workweek; or other flex schedules designated by the Agency.
7.2 OVERTIME
a. Overtime shall be compensated at a rate of one and one -half (1-1/2) times the employee’s normal base rate of pay.
b. Employees who work in excess of eight (8) hours per day or forty (40) hours per week shall receive overtime pay.
c. Employees who work alternate schedules (i.e. 9/80 or 4/10 schedules) shall be paid overtime for hours worked in excess of nine (9) or ten (10) hours respectively per day or forty (40) hours per week.
d. For the purposes of computing overtime, all paid time off shall not be considered as time worked
7.3 COMPENSATORY TIME OFF (CTO)
a. CTO instead of cash compensation for overtime may be granted, at the request of the employee at the rate of one and one-half (1-1/2) hours paid leave for each overtime hour worked. The Agency shall have the right to deny an employee' s request for cash payment and instead compensate overtime through CTO. b. All CTO balances over eighty (80) but less than three hundred twenty (320) hours as of the pay period that includes December 31 will be paid annually on the third payday in the following year. Balances in excess of three hundred twenty (320) hours will be paid bi-weekly.
c. The Agency shall have the right to schedule and approve all use of CTO.
7.4 PART-TIME EMPLOYMENT
a. This Section applies to employees in part -time positions or full -time employees who request to be employed on a part -time basis. Approval of requests for part-time employment lies within the discretion of the Agency. b. Employees working part-time shall be scheduled to work a minimum of forty (40) hours in a bi-weekly pay period.
c. If a request to convert from full-time to part-time is approved, the employee will be assigned on a part-time basis as soon as practicable. d. A part-time employee may request to change to full -time employment by giving written notice to the Human Resources Department. Employees submitting such written request will be changed to full-time employment as vacancies in regular positions occur within their current classification. The part-time employee who has the earliest dated request to change to full-time employment will be given the first available vacancy. e. The salary of part-time employees shall be pro-rated based on the number of hours worked. Vacation, sick leave, holiday and insurance benefits will be as stated in those Sections of this Agreement.
ARTICLE 8 – HOLIDAYS AND LEAVES
8.1 HOLIDAYS
a. The following shall be recognized holidays for employees covered by this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February
Cesar Chavez’s Birthday Last Monday in March
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day After Thanksgiving First Friday after Thanksgiving Christmas Eve Day (4 hours) Last working day prior to observance of Christmas Day
holiday
Christmas Day December 25
New Year’s Eve Day (4 hours) Last working day prior to observance of Christmas Day
holiday
b. When one of these holidays falls on a Saturday, the employees shall be given the preceding Friday off. When one of these holidays falls on a Sunday, the employees shall be given the following Monday off.
c. Employees shall work the entire regularly scheduled shift, or have pre - approved time off, before and after the holiday to be eligible for holiday pay. An employee who is scheduled to work on a holiday and fails to report to work shall not be entitled to holiday pay. Employees who fail to report to work th e day before or after the holiday because they are sick must provide a physician’s certification within 24 hours of reporting to work, otherwise they shall not be entitled to holiday pay. In the event an employee is late for work on the day prior to the holiday or the day after the holiday for a verified reason beyond their control (such as a traffic accident), the employee shall be given the opportunity to make up the missed time within five (5) working days. Failure to make up the missed time within fiv e (5) work days shall result in forfeiture of holiday pay. The makeup time shall not count as hours worked for purposes of overtime. d. A regular or limited-term employee who works a holiday shall be paid eight (8) hours for the holiday plus one and one-half (1-1/2) times of their regular rate of pay. If an employee reports to work on a holiday and does not work the entire shift, the employee
will only be paid time and one-half (1-1/2) for the actual hours worked and shall not receive holiday pay for the remaining holiday hours not worked. e. Part-time employees shall receive the holiday benefit on a pro rata basis. f. Floating Holidays
In addition to the recognized holidays specified above, each employee shall receive the equivalent of three (3) floating holidays per fiscal year on an accrual basis as follows:
(1) Each full -time employee shall accrue floating holiday credit at the rate of .923 hours per pay period. The employee shall accrue floating holiday credit for each pay period for which the employee is paid one or more hours of salary.
(2) Regular part-time employees shall accrue floating holiday credit on a pro rata basis.
(3) The scheduling of floating holiday time must be approved in advance by the appointing authority or designated representative. (4) As of the end of the pay period which includes December 31, floating holiday time earned but not taken may accrue to a maximum of two (2) times the employee's yearly accrual.
g. Alternate/Flex Schedule Holidays
During workweeks with one or more recognized holidays, holiday pay for employees working alternate or flex schedules shall be eight (8) hours for each full recognized holiday and four (4) hours for each half (1/2) recognized holiday. Employees shall be given the option of supplementing the holiday pay for the recognized holiday with accrued holiday time, vacation accrued, or CTO in order to earn a total of forty (40) hours pay in the workweek. Employees whose regular day off falls on a recognized hol iday shall, in lieu of paid time off, accrue eight (8) straight-time hours for each full holiday and four (4) straight-time hours for each half (1/2) holiday falling on such scheduled day off.
8.2 ANNUAL LEAVE
a. All full-time employees shall earn annual leave at the following rate:
(1) 3.38 hours per bi -weekly pay period through three (3) years of service, to a maximum of 230 hours;
(2) 4.92 hours per bi -weekly pay period beginning with four (4) and seven (7) years of service, to a maximum of 340 hours;
(3) 5.38 hours per bi -weekly pay period beginning with eight (8) and through ten (10) years of service, to a maximum of 360 hours. (4) 5.69 hours per bi-weekly pay period beginning with eleven (11) and through fifteen (15) years of service, to a maximum of 400 hours; (5) 6.45 hours per bi-weekly pay period after fifteen (15) years of service, to a maximum of 480hours.
e. Annual leave earned but not taken may accrue to the maximum indicated and thereafter no further leave shall accrue until the balance is reduced below the maximum.
f. During any calendar year in which an SHRAEA represented employee has an accrued vacation balance of 160 hours or more, the employee may elect to take up to eighty (80) hours of vacation pay rather than time. g. Once every three (3) months the Agency will notify each employee, in writing, of his/her accumulated sick leave and accumulated annual leave. h. This Section shall apply to regular part -time employees except that the bi - weekly accrual rate under Section 8.2(a) shall be computed on a pro rata basis.
I, Employees must have six (6) months of service to be eligible to use accrued vacation.
j. Temporary employees with 3 -6 months, start with a maximum of 40 -hour bank of vacation (pro-rated), and also begin to accrue hours
k. New employees who were not on a temporary assignment, allowed to borrow up to 16 hours of floating holiday to use prior to completing the six (6) month of service.
8.3 SICK LEAVE
a. Sick leave shall be accrued at the rate of 3.69 hours per pay period. b. There is no limit on the amount of sick leave which may be accumulated. c. An employee is allowed a maximum of forty (40) hours sick leave per year, chargeable to accumulated sick leave, when it is necessary to care for a sick member of the employee's immediate family, unless otherwise expressly approved by the employee's appropriate supervisor.
d. An employee is allowed a maximum of forty (40) hours off if death occurs in the immediate family, unless otherwise expressly approved by the employee's supervisor.
Immediate family shall be defined as the employee's mother, father, step -mother, step-father, grandparents, spouse, children, step -children, brother, sister, a nd persons bearing the same relation to the employee's spouse. Twenty -four (24) hours shall be
allowed off for the death of a relative not stated above who was a resident of the employee's household at the time of death. Eight (8) hours shall be allowed off for the death of a relative not stated above who was not a resident of the employee's household at the time of death. Four (4) hours shall be allowed off to attend the funeral of a friend.
All of this time shall be chargeable to sick leave.
e. Time off for doctor and dental appointments for an employee, or when absolutely necessary to take family members, may be charged to accumulated sick leave. f. When an employee's sick leave has been depleted, annual leave shall automatically be utilized unless the empl oyee otherwise notifies the Human Resources Department in writing.
g. An employee who, while on vacation, is bedridden for five (5) or more days, or hospitalized for one or more days, due to an illness or injury may have such days charged to sick leave provided the employee submits appropriate written verification from the treating physician or the hospital in which he/she was confined. h. Annually, employees with an accumulated sick leave balance of five hundred (500) hours or more, and who have used twenty -four (24) hours or less of sick leave by December 1 of the current calendar year, may cash out up to twenty-four (24) hours of sick leave by December 31.
i. This Article shall apply to regular and limited -term part-time employees except that the monthly accrual rate under Section 8.3(a) shall be computed on a pro rata basis.
8.4 COURT LEAVE/JURY DUTY
For the period of time in court, on jury duty or under subpoena as a wi tness in a proceeding in which the employee is not a party, an employee is entitled to court/jury duty leave with pay and said absence shall not be construed as annual leave or leave without pay. Any fee, other than for mileage, collected by the employee for such duty shall be collected by the employer from the employee, except that such fees collected shall not be in excess of the salary earned by the employee in the same period. However, the employee may elect to take annual leave or leave without pay and retain any fees.
8.5 LEAVES OF ABSENCE WITHOUT PAY
a. Requests for leave of absence shall be submitted in writing to the Human Resources Director and shall state specifically the reasons for the leave, the date when the leave is to begin, and the probable date of return. b. Upon written request and approval by the Executive Director or designee, a leave of absence without pay may be granted to any employee with regular status for a period of not to exceed one year for the following reasons:
(1) Illness or disability, including pregnancy -related disability, not covered by sick leave;
(2) Association business;
(3) Education or training which will materially benefit the Agency; (4) Parental/child care;
(5) Other personal reasons which do not cause inconvenience to the Agency.
c. Any leave of absence granted under Section 8.5(a)(1) above shall be only for the actual period of illness, disability, or pregnancy-related disability. Any request for a leave of absence longer than the actual period of illness, disability, or pregnancy-related disability, up to the one year maximum from the date the initial leave began under Section
8.5(a)(1), must be approved by the Executive Director or designee, and will be considered a leave under Section 8.5(a)(5).
d. An employee on leave of absence without pay necessitated by pregnancy, illness or disability, as verified by medical reports, is eligible to return to his /her position on request at the completion of such leave. In all other cases, if the leave of absence without pay has been granted for a period of time which would necessitate a permanent replacement, the employee on leave shall not be returned to the position he/she vacated unless that position is open at the time he/she reports for work. He/she shall, however, be granted preferential hiring rights for the first position of similar job classification which is open at a later date.
e. If the leave of absence without pay necessitates a temporary replacement, the employee on leave shall be returned to the position he/she vacated upon his/her return to work.
f. In the event an employee is transferred or promoted on a temporary basis for the duration of a leave of absence, such appointment shall have no effect on the status of the employee so promoted or transferred, and he/she shall be entitled to all rights and benefits that would be provided him/her had he/she not been temporarily promoted or transferred.
g. Employees may not accrue annual leave, floating holiday, or sick leave, or receive holiday pay while on leave of absence without pay; however, employees returning to work following a leave shall retain their accumulated sick leave and annual leave. h. Approved leaves of absence shall count as service time for the purpose of determining seniority.
i. All premiums required under the Agency's health and welfare program shall be paid by the employee while on leave of absence without pay.
8.6 PARENTAL LEAVE
a. A parental leave policy for both male and female regular full -time and regular part-time employees shall be implemented, with the following provisions:
(1) Regular f ull-time employees who have completed 2080 hours of continuous service shall be eligible for a maximum Agency -paid parental leave of four (4) weeks consisting of up to one hundred-sixty (160) hours of continuous paid time off. Unused parental leave shall have no cash value.
(2) Regular p art-time employees who have c ompleted 1040 hours of continuous service shall be eligible for a maximum Agency-paid parental leave of four (4) weeks consisting of up to eighty (80) hours of continuous paid time off. Unused parental leave shall have no cash value.
(3) To be eligible for the paid leave the employee must have completed probation from the most recent date of hire preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court-appointed legal guardians and foster parents do not qualify for parental leave.
(4) Eligible employees shall have the right to only one leave of absence per pregnan cy or adoption regardless of the number of children involved (e.g., twins). The duration of paid leave shall not change based on a change in employment status, such as from part -time to full-time. An employee must utilize all paid leave prior to converti ng to unpaid leave during parental leave.
(5) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the classification last held or equivalent position.
(6) Eligible employees shall have the right to extend parental le ave beyond the four (4) weeks of Agency-paid leave to the maximum six (6) months of leave , upon approval by the Agency, by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday, and/or unpaid leave to thei r initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
(7) Parental leave shall be taken in one continuous period of absence on paid or unpaid status, and must be completed within one year of the birth or adoption for which it is requested.
(8) Parental leave shall not commence prior to the date of birth or adoption and is separate from any disability leave which may be available to the employee.
(9) The Agency shall apply Family Medical Leave concurrent with Parental Leave.
b. The Agency shall have the right to promulgate a policy and procedure to implement and administer parental leave.
8.7 CATASTROPHIC LEAVE
Upon request of a regular employee and upon approval of the Executive Director or designee, annual leave, CTO, vacation, and/or holiday leave may be transferred from one or more employees to another employee, in accorda nce with Agency policies, and under the following conditions:
a. The receiving employee faces financial hardship due to injury or the prolonged illness of the employee.
b. The receiving employee has exhausted all leave balances. c. Each donation must be a minimum o f eight (8) hours and in whole hour increments and credited as vacation or annual leave.
d. The total leave credits received by the employee shall normally not exceed five hundred and twenty (520) hours; however, if approved by the Executive Director, the total leave credits received may be one thousand and forty (1,040) hours. e. Donations shall be made on a form to be developed by the Agency, signed by the donating employee, and verified by the donating department. These donations are irrevocable.
f. Sick leave credits shall not be transferred under this provision. g. This Section is not subject to the Grievance and Arbitration Article of this Agreement.
8.8 AGENCY CLOSURES
The following represents mandatory closure days during which employees in the unit will be off work without pay. Employees may substitute accrued paid leave time as further discussed below during these agency closure days. These agency closure days will be in addition to the reduced work schedule provisions in Section 11.2. The Agency reserves the right to require any employee to work on an agency closure day. The Agency will close all operations on the last full work week of December of each year.
d. Employees may choose from the following
1. Use accrued paid time off (excluding sick leave) for all closure days
2. Elect to take leave without pay or combination of accrued paid time off (excluding sick leave) and leave without pay.
e. Each calendar year employees may elect to defer up to 28 hours of pay in order to bank paid time off.
f. Banked hours cannot be carried over and must be used during the year they are banked.
g. Probationary employees will be allowed to utilize their accruals (exception to the Annual Leave section of this article)
h. If an employee chooses to bank time by reducing their pay prior to t he closures, accruals and the employee and employer contributions to CalPERS will be reduced based on the number of hours without pay. Use of accrued paid time off and banked time during the closures will not reduce accruals or CalPERS contributions. How ever, if an employee chooses to take a Leave Without Pay during the closures, both accruals and the employer and employee contribution to CalPERS will be reduced.
The Agency reserves the right to schedule different closure days than above for the Housing Choice Voucher and Public Housing Departments. If changes to the schedules are made to either of these departments there will be no change in the number of closure days listed above.
ARTICLE 9 – SPECIAL ALLOWANCES
9.1 CALL-IN PAY
An employee who has completed their regular shift and has left Agency premises and is called back to work for unscheduled overtime work, shall receive a minimum of two (2) hours pay at time and one-half (1-1/2) their base rate of pay. If an employee is called and engages in problem solving over the phone which exceeds thirty (30) minutes, the employee shall receive the two (2) hour minimum call -in pay, or actual time worked, whichever is greater. Additional calls within the two hour period are covered under that minimum time paid.
9.2 NIGHT-SHIFT DIFFERENTIAL
All employees of the Agency covered by this Agreement who work five -eighths (5/8) or more of their regular shift in the period extending from 6:00 p.m. to 6:00 a.m. shall be compensated therefore by payment for the entire shift of an additional five percen t (5%) of their base pay for that shift. Employees who work less than five -eighths (5/8) of their regular workshift in the period extending from 6:00 p.m. to 6:00 a.m. shall be compensated for those hours worked (to the nearest one -half hour) within this period by payment of an additional five percent (5%) of their base pay for such hours.
9.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION
a. When an employee is assigned to perform more than seventy-five percent (75%) of the duties of a position in a higher classification, payment for such out-of-classification work shall be five percent (5%) above the regular base pay of the employee, providing such pay shall be a minimum of Step 1 of th e higher classification, and no more than the maximum of Step 5 of the higher classification. The Executive Director may authorize payment in excess of five percent (5%) but no more than Step 5 of the higher classification.
b. When an employee is assigned to perform seventy-five percent or less (75%) of the duties of a higher classification, payment for such out-of-class work shall be paid at three percent (3%) above their regular base pay. c. No position will be filled by "temporary work in a higher classificat ion" for more than six (6) months, except as follows:
(1) Illness
(2) Vacation relief
(3) Sick leave relief
(4) Leave of absence
(5) During the recruitment process
(6) Conditions of extended emergency
d. The Agency agrees not to abuse or circumvent the application or intent of this Section, including the establishment of new positions.
9.4 LONGEVITY PAY
a. Employees who have been employed by the Agency for a period of twenty (20) to twenty -four (24) years on January 1 of each year shall receive longevity pay of $350 on the second payday of January.
b. Employees who have been employed by the Agency for a period of twenty- five (25) to twenty -nine (29) years on January 1 of each year shall receive $550 on the second payday of January.
c. Employees who have been employed by the Agency for a period of thirty (30) years or more in January 1 of each year shall receive $750 on the second payday of January.
9.5 BILINGUAL PAY
a. The Agency may authorize bilingual pay when it is determined to be necessary for the operation. The Agency shall determine what languages are appropriate for such pay and the number of employees to be certified, and shall include American Sign Language (ASL). To be eligible for bilingual pay the employee must be determined to be verbally proficient, and if necessary for the assignment, proficient in the written language or ASL proficient. The Agency will arrange the certification and testing process and authorize the bilingual pay.
b. Bilingual pay shall be paid at the rate of five percent (5%) above the regular base pay for any period in which the employee is certified. An employee who is receiving bilingual pay shall provide assistance to any Agency operation as needed or when directed by the Agency.
c. The certification period will be two (2) years from the date of certification only. At the end of the certification period the Agency may or may not recer tify the employee under paragraph “a” above.
ARTICLE 10 – PERSONNEL ACTIONS
10.1 PROBATIONARY PERIOD FOR NEW HIRES, TRANSFERS, PROMOTIONS
OR PROBATIONARY EMPLOYEES ASSIGNED TO FILL A VACANCY
a. The probationary period for all classifications in the Administrative and Technical Unit shall be twelve (12) months.
b. An employee released from probation does not have a right of return to their former classification or a right to grieve or appeal such release, unless allowed under this agreement or as provided by law.
c. An employee in probationary status assigned to fill a vacancy, as described in Article 10.2 below, shall serve a new probationary period and shall be placed at the same salary step in the new classification. The employee's classification date shall be the date of appointment to the new classification.
d. A regular employee who receives a step to step transfer or who is promoted and subsequently released from their new job classification while serving the probationary period shall be reinstated to the job classification from which the employee transferred or promoted where regular status was held or an equivalent position, unless the reason for release would be just cause for dismissal from agency service pursuant to Section 10.9. e. An employee’s probationary period may be extended to a maximum of twelve (12) weeks, or an employee may be released from their position at the discretion of the appointing authority at any time during the probationary period with no right of appeal or grievance.
f. An employee in probationary status who is promoted and subsequently released from that new job classification while serving the probationary period shall have no right of appeal and no right of return to their former classification.
10.2 SELECTION FOR VACANCIES (STEP TO STEP TRANSFER)
a. When a regular vacancy occurs in a particular job assignment, regular employees at a salary step of five percent (5%) or less of the same step of the new classification of the vacant position may request to be assigned to such vacancy. A vacancy or vacancies resulting from an assignment herein may not be subject to this procedure. The requests for consideration shall not be arbitrarily or capriciously denied.
Assignment shall be made on the basis of the most qualified applicant. Where two (2) or more employees request consideration and their qualifications are not significantly different, the senior employee will be given the position. b. For a regular employee to be considered for transfer under Section 10.2(a), a written transfer request, on a form provided by the Agency, must be filed with the Human Resources Department. Such transfer request shall be valid through December 31 of each calendar year.
c. An employee with regular status assigned to fill such a vacancy shall serve a new probationary period and shall remain at the same salary step and anniversary date in the new classification. The employee's classification date shall be the date of appointment to the new classification.
d. Within a period between thirty (30) to sixty (60) calendar days from the date the regular vacancy was filled, an employee who was interviewed for such vacancy pursuant to subsection (c) shall have the right to meet with the appointing authority to discuss why his/her transfer request was not approved.
10.3 PROMOTIONS
a. Promotional examinations are open to all regular employees who meet the basic qualifications for the higher position. Any employee, upon promotion shall be entitled to receive in the position to which he/she is pr omoted, the rate of compensation next higher than that received by him/her prior to this promotion; provided that the amount of such increase shall be at least equal to one full in -grade salary step, but in no case shall the new rate exceed the maximum rate of higher classification. b. All promotional job examination announcements establishing an eligible list shall be posted on the bulletin boards as specified in Section 3.6 at least ten (10) working days prior to the closing of the filing period. Job announcements may be posted for less than ten (10) working days with the consent of the Association.
Vacancies to be filled by an existing eligible list, transfer list, or reemployment list shall be posted on the bulletin boards as specified in 3.6 at least five (5) working days prior to the names on the eligible list/transfer list being certified. c. Where a regular employee of the Agency applies for a promotional position within the Agency and does not meet the minimum qualifications of the higher classification, such employee shall be notified in writing which minimum qualification(s) were not met.
d. Within any promotional job examination process, all regular employees who meet the minimum qualifications of a higher job classification covered by this Agreement shall be eligible for the job-related examination process. The current top five (5) names on the eligible list from the most recent examination process shall be granted interviews for each vacancy in said higher job classification. The promotion shall be give n to the most qualified candidate without regard to relative position on the list. If two (2) or more candidates are equally qualified, seniority shall be the determining factor in the promotion.
10.4 PROMOTIONAL TRANSFERS
a. When regular vacancies occur, regular employees who meet the minimum qualifications and are at a salary step of five percent (5%) or less of a salary range of the classification may request to be interviewed for promotion to such vacancy. A vacancy or vacancies resulting from an assignment he rein may not be subject to this procedure.
Such employees shall be required to compete in the written portion of the testing process,
if applicable. However, in no event shall more than five (5) employees who have requested promotional consideration be g iven such interview, based on the test scores from the examination. If there is no test, the five (5) most qualified employees shall be referred to the interview. Selection shall be made on the basis of the most qualified applicant. Where two (2) or mor e employees request consideration and their qualifications are not significantly different, the senior employee will be given the position. b. For a regular employee to be considered for a promotional transfer, a written transfer request, on a form provided b y the Agency, must be filed with the Human Resources Department. Such transfer request shall be valid through December 31 of each calendar year.
c. Whenever the names of candidates are certified to interview for a vacancy, employees who have submitted a promotional transfer request for the classification shall also be considered for the promotional opportunity.
d. Employees promoted pursuant to this Section shall serve a probationary period in the new classification. The date of appointment to the classification shall be the new anniversary date and classification date.
e. Within a period between thirty (30) to sixty (60) calendar days from the date a promotional vacancy was filled, an employee who was interviewed for such vacancy pursuant to subsection (d) shall h ave the right to meet with the appointing authority to discuss why he/she was not appointed to the promotional position.
10.5 TRANSFERS WITHIN CLASSIFICATION
An employee may request a transfer between assig nment, unit or location within his/her current job classification by submitting a written request to transfer to the Human Resources Manager. Such request shall be valid until December 31 of the year in which received. Such transfer, if approved shall ha ve no impact on the employee's salary, classification seniority, nor shall the employee be required to serve a new probationary period.
10.6 INVOLUNTARY TRANSFERS
An employee shall be gi ven five (5) working days notice prior to a n involuntary permanent transfer or lateral move from their current work location or to a different classification. A temporary involuntary transfer due to emergency situations and/or business necessity shall not be subject to the five (5) day notice requirement. If the Agency fails to provide the five (5) days notice for a permanent transfer the employee shall be entitled to be paid time and one-half (1-1/2) for a period of five (5) days.
10.7 DEMOTIONS
An employee who is demoted voluntarily or involuntarily to a classification with a lower salary range shall be paid in the new classification the salary range step closest to
the monthly pay rate received immediately prior to demotion providing there is no increase in pay.
10.8 TRANSITION
a. Upon approval of the Executive Director or his/her designee, any employee with limited -term status may be granted regular status without further examination provided the employee has worked the equivalent of twenty -six (26) weeks of full -time service. Such regular status shall be granted only to the employee's current job classification where limited-term status is held or to any entry-level classification covered by this Agreement.
b. Any employee with limited -term status who has worked the maximum allowable eighteen (18) months, shall either be granted regular status without further examination in the job classification where limited-term status is held or shall be terminated from employment with the Agency.
10.9 DISCIPLINARY ACTION
a. Employees shall be disciplined only for just cause. Disciplinary action or measures may include the following:
(1) Written reprimand
(2) Suspension
(3) Reduction within salary range
(4) Demotion
(5) Discharge
b. A letter of reprimand or suspension of less than three (3) days shall not be arbitratable. An employee may have an administrat ive review of the reprimand by an uninvolved Program Manager or higher and may have an administrative review of a suspension of less than three (3) days by the Executive Director or Designee. Requests for administrative reviews must be submitted in writing to the Human Resources Manager, within seven (7) calendar days after the receipt of the reprimand or suspension. c. Any employee without regular status (only probationary status or limited - term status) may be terminated without right of appeal under this Agreement. Any employee with regular status serving a probationary period may be released from that probationary period without right of appeal except as provided in Section 10.1(d). d. A written reprimand and any written rebuttal submitted by the employee shall be removed from an employee's personnel files if the employee has worked for a two (2) consecutive year period, subsequent to receipt of the written reprimand, without receipt of any additional disciplinary action as listed under Section 10.9(a).
e. The Agency shall not discipline an employee, including a verbal reprimand, where an employee refuses to utilize bilingual ability during the course of their duties, except where the employee is employed in a position where the use of bilingual ability is a job requirement or is receiving bilingual pay.
10.10 IN-LIEU DISCIPLINE
By mutual ag reement between the appointing authority or designee and the employee, an employee suspended from duty without pay may forfeit accumulated holiday, compensating time off, and/or vacation credits equal to the number of hours of suspension in lieu of such su spension. If the suspension is reduced or reversed at the conclusion of the grievance process, the Agency shall reinstate the forfeited credits. This provision shall not be subject to the grievance procedure.
10.11 CITIZENS COMPLAINT
a. The Agency agrees not to take any disciplinary action against any employee under Section 10.8 of this Agreement based upon a complaint from a tenant or other member of the public unless and until such complaint is reduced to writing and signed by the complainant. Such written complaint shall specifically contain what acts, by an employee, are being alleged.
b. If a tenant or other member of the public files a written complaint with the Agency complaining of the actions of any employee, the Agency shall promptly provide a copy of the complaint to the employee and shall afford an opportunity for a written reply by the employee to the matter complained of in such complaint. The complaint, the employee's reply, and any Agency action based on the complaint, shall become a part of the employee's personnel file.
10.12 EMPLOYEE PERSONNEL RECORDS
a. Employee personnel records shall be subject to inspection only by the employee concerned and authorized Agency personnel except as otherwise provided by law. Upon notification and approval of the employee's supervisor, an employee shall be entitled to make an appointment for and review his/her personnel records at the Huma n Resources Department for a reasonable time during regular hours. Upon proper request, such permission shall not be unreasonably withheld. No persons shall be allowed other than those stated in this Section, to inspect an employee's personnel record wit hout the express written authorization of the employee.
b. An employee shall be promptly notified if derogatory materials are placed in the employee's personnel file.
c. The employee's signing of any detrimental or adverse document or materials to be placed in the employee's personnel record will not indicate an agreement by the employee as to the contents of the document or materials. Such signing does indicate the employee has had an opportunity to review the detrimental or adverse document or material.
However, the employee may submit a written rebuttal to be placed in his/her personnel record attached to such a detrimental or adverse document or material and remain for as long as the adverse document stays in the file. Rebuttals submitted by employees that contain profanity, discourteous, or defaming language toward the supervisor and/or Agency or that do not address the subject matter shall not be allowed and will be returned to the employee with an explanation. d. An employee shall be provided with a cop y of a performance appraisal, disciplinary letter, or letter of commendation within seven (7) calendar days after the document is placed in the employee's official personnel file.
10.13 EMPLOYEE PERFORMANCE EVALUATIONS
a. Each Agen cy department shall have the right to conduct employee performance appraisals on a department-wide basis for all employees at the discretion of the appointing authority.
b. Probationary employees shall receive no less than two (2) performance evaluations, at reasonable intervals, during the probationary period. One evaluation will be issued within the first six (6) months and the second will be issued prior to the end of the probationary period. Additional evaluations may be issued if warranted. c. A regular employee who is rated as “needs improvement” or “unsatisfactory” on a performance evaluation may informally appeal to their supervisor within ten (10) working days from the date of the performance evaluation. d. Appeals o f employee performance evaluations are no t subject to the grievance procedure Employees may submit a written rebuttal to a performance evaluation in accordance with Section 10.12c of the MOU. e. Employees not on probation who have not reached the top step of the pay scale shall be evaluated no less than once a yea r. In the event the evaluation is not performed by the anniversary date, it is understood that the employee’s performance is satisfactory and shall receive a salary step increase effective on the anniversary date.
ARTICLE 11 – SENIORITY AND LAYOFF
11.1 SENIORITY AND CLASSIFICATION DEFINITIONS
a. Agency Service Seniority: Agency service seniority shall be defined as the period of continuous service from the effective date of hire to any regular, part -time, or limited-term position.
(1) If two (2) or more regular employees have the same seniority date the employee who comes first on the Agency’s alphabetical list by last name shall be deemed more senior.
(2) A part-time employee’s time shall be pro -rated to establish Agency or classification seniority. For example, a full -time and part -time employee hired on the same date, and have both worked for three (3) continuous years; the full-time employee working forty (40) hours per week will have accrued three (3) years of seniority and the part- time employee working twenty (20) hours per week will have accrued one and one-half (1-1/2) years of seniority.
b. Classification Seniority: For regular and part-time employees classification seniority shall be defined as the length of continuous regular service from the effective date of probationary appointment to the employee's present job classification including any time spent in a higher classification less any time spent in a lower job classification due to a downgrade.
(1) For any employee with regular status who has n ot served a probationary period in his/her present job classification, classification seniority shall be the effective date of reallocation to the employee's present job classification, or in the case of transition from a limited-term position, classificat ion seniority shall be the effective date of appointment to the limited-term position.
(2) If two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater Agency service seniority.
c. Higher Classification : The term higher classification shall mean a job classification in which the top rate of pay (Step 5) is greater than the top rate of pay (Step 5) of the employee's present job classification.
d. Downgrade: A downgrade shall be defined as a change in job classification to which the top rate of pay (Step 5) is less than the top rate of pay (Step 5) of the employee's present classification, due to a layoff. A downgrade shall only be allowed to the appropriate classification within the employee's regression ladder, except as provided in Section 11.2(c)(5) of this Article.
e. Loss of Seniority : Employees shall lose their seniority for the following reasons:
(1) Termination, resignation, or retirement
(2) Failure to return to work when recalled from layoff as set forth in the recall procedure in Section 11.4
(3) Failure to return to work after expiration of a formal leave of absence (4) Layoff for a continuous period of two (2) consecutive years from Agency service
f. The Agency shall prepare and maintain a seniority list which shall show the names, classification, classification seniority date and Agency service seniority date of all employees covered by the Agreement. The Association shall be given one (1) copy of the list within thirty (30) calendar days after the effective date of this Agreement, and thereafter a current list upon request but not more than once every six (6) months. g. A seniority unit list, with the same information shall be maintained and posted for each seniority unit.
h. These lists shall be deemed correct as to an employee's seniority unless the employee or the Association notifies the Agency to the contrary in writing within ten (10) working days after a list is given to the Association and posted by the Agency on the bulletin boards as specified in Section 3.6. This information shall appear at the top of each seniority unit list.
11.2 LAYOFF, TEMPORARY LAYOFF, REDUCED WORK SCHEDULE, BUMPING
AND REGRESSION LADDER DEFINITIONS
a. Layoff: A layoff shall be defined as the dismissal of at least one employee due to lack of work, lack of funds, or abolishment of position. b. Temporary Layoffs : Shall be defined as temporary layoff due to lack of work, lack of funds, abolishment or reclassification of positions for a period of ten (10) or more work days but less than 120 work days.
c. Reduced Work Schedule: Reduced work schedules shall be defined as schedules that are reduced for a period of five (5) or more work days, but less than fifty - six (56) work days in a twe lve month period. Work schedules may be reduced in hours up to but not more than 38.3 hours per month for a period of up to twelve (12) months due to lack of work, lack of funds, abolishment or reclassification of positions. d. Bumping: An employee who is going to be laid off pursuant to section 11.3 may bump an employee with less seniority within his/her classification regression ladder.
To bump a less senior employee the bumping employee must be qualified to perform the functions of the classification in the regression ladder.
e. Regression Ladder: A regression ladder shall be defined as a classification series through which a more senior employee may bump a less senior employee. The regression ladders are as set forth in Exhibit B. Any new classifications shall be added to applicable regression ladders at the time they are created. Before adding new classifications to the regression ladder, the Agency will meet with t he Association to discuss the placement of the new classification on the ladder.
11.3 REDUCED WORK SCHEDULE, TEMPORARY LAYOFF AND PERMANENT
LAYOFF PROCEDURE
a. Notice: In the event of reduced work schedule, temporary layoff, or permanent layoff, the Agency s hall first provide a list of the affected classifications and employee(s) to the Association, at least thirty (30) calendar days prior to the event. All affected employees shall be notified at least fourteen (14) calendar days prior to the effective date of the event.
All affected employee(s) shall be notified of the pending event by certified mail, return receipt requested. Such notice shall be mailed to the employee's address currently on file in the Human Resources Department and shall be deemed appropriate notice.
b. Procedure: This Section provides the procedure to be followed when an employee(s) is placed on a reduced work schedule, or temporarily or permanently laid off.
(1) Reduced Work Schedule: In the event of a reduced work schedule the Agency shall determine which classifications or departments will be affected. In the event all the employees are not affected the Agency shall reduce the work schedules of the least senior employees first in each classification a ffected, second by least Agency seniority, unless more senior employee(s) volunteer. (2) Temporary Layoff and Layoff : Employees with the least seniority shall be laid off first. Seniority shall apply as follows : first classification seniority, second Agency seniority. Employees shall be laid off within each classification in the following order:
1st Limited-Term
2nd Regular Part-Time Probationary
3rd Regular Full-Time Probationary
4th Regular Part-Time
5th Regular Full-Time
(3) Bumping: Within a job cl assification, any employee with regular status who is to be laid off or displaced shall have the right to bump, in descending order, to job classifications within his/her regression ladder, if any, provided that the employee meets the qualifications of the lower classification and can bump an employee in the lower classification as follows:
1st Limited-term employee with the least Agency service seniority
2nd Regular part -time employee with the least Agency
service seniority
3rd Regular full -time employee with probationary status with the least classification seniority
4th Regular full-time employee with the least
classification seniority, provided the bumping
employee has greater Agency seniority
Employees who do not wish to bump down or are unable to bump to another or lower classification or are not qualified to perform the functions of the classification shall be laid off. (a) If there are employees with limited -term status, the downgrading employee shall first displace such limited -term employee with the least Agency service seniority.
(b) If there are no employees with limited -term status, the downgrading employee shall then displace the employee with probationary status with the least classification seniority.
If there are no employees with limited -term or
probationary status, the downgrading employee shall then displace the employee with regular status with the least seniority, provided the downgrading employee has greater seniority.
(4) Probationary Employees : Any probationary employee who is affected by a layoff or displaced by a bumping employee shall return to the former job classification where the employee held re gular status, if the employee is eligible to bump a less senior employee. If a probationary employee did not hold regular status in another job classification, the employee will be laid off without right of recall. (5) In-Lieu of Bumping : An employee may accept layoff in -lieu of the opportunity to bump by notifying the Human Resources Department within three (3) working days of receiving notice of layoff. Where the employee accepts a layoff in -lieu of bumping, said employee shall
forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
(6) Salary In Event Of Bumping: An employee who bumps down to a lower classification pursuant to this Article shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to bumping providing there is no increase in pay.
(7) Fringe Benefits: Employees laid off shall be paid vacation and other benefits pursuant to this Agreement. Employees being recalled shall have their sick leave restored.
11.4 RECALL
This section shall be followed when an employee(s) is called back to work or returned back to the classification they were bumped from. a. All laid off or bumped regular employees shall be put on a recall list. The recall list shall remain in effect for a period of two (2) years. Laid off or bumped employees shall be recalled in inverse order of the layoff or bump. b. When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on Human Resources Department records unless a more recent address has been furnished in writing by the bumped or laid-off employee.
c. This recall notice shall be by certified mail, return receipt requested, and the employee shall have fourteen (14) calendar days to report to work from the date of receipt of the recall notice. If said employee fails to report to work wit hin fourteen (14) calendar days, he/she will lose all recall rights. An employee who has been bumped or laid off shall be required to meet the qualifications of the classification to which he/she is recalled.
If an employee notifies the Agency within the fourteen (14) calendar days that they need an extension to report to work the Agency may grant up to fourteen (14) additional calendar days.
d. In the event the Agency has a regular full -time opening, t he Agency shall only be obligated to recall eligible laid-off or bumped employees who held regular status.
The Agency shall offer part-time or limited-term employment (not recall) to eligible laid-off or bumped employees who held regular status, but if such employee(s) accepts or refuses such employment offer t here shall be no effect on the original duration of the two (2) consecutive year recall period. The Agency shall not be obligated to offer employment or recall any employee(s) to any temporary position.
e. An employee recalled to their previous classificatio n shall be assigned at the same step previously held. If their current wage is higher than their previous step they shall be assigned to the next higher step.
f. Regular employees who were laid off because they did not wish to bump down or were unable to bump to another or lower classification or who were not qualified to perform the functions of the classification shall only have recall rights to the classification from which they were laid off.
11.5 VOLUNTARY WORK FURLOUGH/REDUCED WORKWEEK PROGRAM
a. "Work furlough" refers to a full day of unpaid leave on a variable schedule. "Reduced workweek" refers to a schedule of a full-time career employee which is modified on a regular fixed basis to less than forty (40) hours per week. b. The period of work furlough shall not exceed two (2) days of unpaid time per biweekly pay period for a 5/8 schedule or a 4/10 schedule. The reduced workweek shall not be reduced by more than twenty (20) hours of unpaid time per bi -weekly pay period. Work hours reduced in excess of 346 hours in a fiscal year will result in reduced retirement service credits.
c. Employees may be authorized to work a daily schedule of more than eight (8) hours but less than ten (10) hours. Employees who are scheduled to work such a daily schedule shall be paid at the overtime rate of time and one-half (1-1/2) for all hours worked in excess of their regularly scheduled workday and forty (40) hours per week. d. An employee will not be permitted to use accrued paid time during such furloughed or reduced hours.
e. Employees shall receive holiday benefits as follows:
(1) Employees on reduced workweek or furlough on a recognized holiday will receive eight (8) hours or four (4) hours of holiday pay, as applicable.
(2) Employees on a reduced workweek who work on a recognized holiday will receive holiday pay plus time and one -half (1 -1/2) compensation for the hours worked.
f. The mutual agreement entered into by the employee and appointing authority or designee may provide for call-back arrangements if appropriate. Once mutual agreement is reached, the work furlough or reduced workweek shall continue in full force and effect from the effective date of the agreement until the employee or the department request to terminate it after thirty (30) day's notice. The agreement shall be void if an employee is injured off-the-job, has exhausted all leave accruals, and has more than forty (40) consecutive hours without pay. Any change to the agreed -upon work schedule or required overtime is subject to the applicable provisions of the labor agreement, if any. g. An employee who participates in this voluntary work furlough/reduced workweek program shall receive full benefits for life insurance, accrued leave, holiday, and health and welfa re benefits, including the Agency contribution, if applicable. The
application of the Agency's contribution to retirement, health and welfare benefits shall be the same as for a regular employee.
h. No employee will be coerced into accepting a voluntary furlough or reduced workweek. No employee will suffer any adverse action or negative impact on an employee evaluation due to his/her decision not to participate in a voluntary furlough or reduced workweek.
11.6 EMPLOYEES NOT COVERED BY THIS AGREEMENT
a. Where an employee holds status in a job classification not covered by this Agreement, and is laid off from that job classification, such employee shall be entitled to bump to a job classification covered by this Agreement in accordance with Section
11.3(b)(3) of this Article, provided such employee held regular status in such bargaining unit job classification not more than two (2) years prior to the effective date of the layoff.
Such employee shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to being bumped, providing there is no increase in pay.
b. When an employee is demoted to a classification in the Unit, provided there is a vacancy and the employee is qualified, the salary shall be established in accordance with Section 11.3(b)(7).
ARTICLE 12 – REIMBURSEMENTS
12.1 TUITION REIMBURSEMENT
a) Regular e mployees that have successfully passed their initial probationary period shall be eligible for tuition reimbursement up to the IRS maximum, $5,250 per calendar year for coursework related to their employment with the Agency or toward a recognized degree progra m approved by the Human Resources Director. Such reimbursement shall be applicable for the actual cost of the tuition of the course, books and mandatory fees, excluding parking. Reimbursement shall be made only for coursework completed at accredited high schools, colleges, universities, and correspondence schools. Employees must receive Agency approval of the coursework prior to the start of such course and must receive a grade of "C" or its numerical equivalent or better, or pass in a pass/fail grading system, to be eligible for the tuition reimbursement.
Other related coursework not completed as described above shall be approved on a case- by-case basis by the department director, and shall not be subject to the grievance procedure.
b) Section 2206 of t he CARES Act modifies Section 127 of the Internal Revenue Code so that employers can pay up to $5250 to repay employee student loans during the pandemic emergency period beginning March 27, 2020, and ending December 31, 2025.
The Agency shall implement this program for the duration of this Agreement.
12.2 REGIONAL TRANSIT MONTHLY PASS
Probationary, regular, and limited -term employees who utilize the Sacramento Regional Transit District (SRTD) for home-to-work transportation are eligible to receive a one hundred percent (100%) discount on the cost of a standard SRTD monthly pass to a maximum of $100. Employees who utilize other transit systems regulated by the Public Utilities Commission or Interstate Commerce Commission shall receive reimbursement of up to one hundred percent (100%) of the cost of the pass to a maximum of $100.
Employees must submit their claim for the one hundred percent(100%) reimbursement no later than the tenth (10th) calendar day of the month for which the pass is valid to be eligible for the reimbursement.
12.3 DOWNTOWN PARKING SUBSIDY
Effective July 1, 2022 , f ull-time regular and limited -term employees who are assigned to the downtown area are eligible to receive a $$175 per month parking subsidy provided that:
a. The employee does not receive reimbursement for Sacramento Regional Transit or other bus or mass transit transportation for the same month. b. The employee is not provided free parking.
12.4 MILEAGE REIMBURSEMENT
Employees required to utilize their private vehicles for official Agency business shall be reimbursed for such use at the Internal Revenue Service (IRS) business mileage deduction rate. Mileage claims shall be paid monthly upon submission by the employee.
There shall be no minimum monthly allowance.
ARTICLE 13 – SAFETY AND UNIFORMS
13.1 HEALTH AND SAFETY
a. The Agency agrees to provide for the health and safety of the employees during the hours of their employment. In this regard, the Agency agrees that it will receive and consider written recommendations with respect to unhealthy and/or unsafe working conditions from any employee or from the Association. The employees and the Association agree that they will direct their health and safety recommendations and ideas to the Agency. The SHRA Joint Safety Committee consisting of representatives of the Agency and the Association shall meet every three (3) months, or whenever necessary, to consult on such health and safety matters. Up to three (3) Association representatives may attend such meetings without loss of pay or benefits. b. The Agency shall take all reaso nable and required precautions to provide for the health and safety of its employees during hours of their employment.
13.2 HEALTH AND SAFETY EQUIPMENT
The Agency agrees to provide employees with required health and safety equipment.
13.3 UNIFORMS
The Agency agrees that if employees covered by this Agreement are required to wear uniforms, the Agency shall first meet and confer with the Association regarding the effects, if any, of this uniform requirement upon employees.
ARTICLE 14 – MISCELLANEOUS
14.1 SAVING CLAUSE
If any parts of the Agreement are found to be illegal, such illegality shall not in any way invalidate any other parts of this Agreement.
14.2 STRIKES AND LOCKOUTS
For the duration of this Agreement the Association and its members agree that it shall not call, sanction or engage in any strike, slowdown, suspension or stoppage of work activity, and the Agency agrees that it shall not cause or engage in any lockout.
14.3 CLASSIFICATION STRUCTURE CHANGES
The Agency shall give the Association thirty (30) calendar days notice prior to revising an existing classificati on covered by this Agreement or establishing a new classification to be covered by this Agreement. During this thirty (30) day period the Association shall have the right to meet with the Agency to discuss the new or revised classification. After the thirty (30) day period has expired, the Agency shall have the right to establish or revise such classification.
14.4 DRIVER LICENSE AND INSURABILITY
a. An employee may be require d as a condition of employment to provide a personal vehicle for Agency business. This requirement shall not apply to previously grandfathered employees until July 1, 2014. The grandfathered employees are those hired prior to February 9, 1991.
b. An employe e who is authorized to drive an Agency vehicle or personal vehicle in the course of his/her employment shall be required as a condition of employment to maintain the required driver license for the vehicle utilized on the job and the minimum insurance on the personal vehicle which is required by State law. c. In addition, an employee who is authorized to drive an Agency vehicle in the course of his/her employment shall maintain a safe driving record such that no assigned risk or insurability penalties are applied to the Agency's insurance rates. Failure to do so will necessitate that the employee provides their personal vehicle for use on the job where possible, and in other instances, may result in disciplinary action and/or the employee payment of the increased insurance charges.
d. The employee shall notify his/her supervisor of the loss, suspension, or cancellation of his/her drivers license on the first working day following such loss.
14.5 TELEWORK PROGRAM
The Agency may establish for the term of this Agreement a TeleWork program for represented employees in accordance with the Agency’s TeleWork Program with the following exceptions:
a. The Agency will decide the classifications and positions which are feasible for a TeleWork program. The Association may recommend classifications and positions for inclusion in TeleWork.
b. The Association representative or designee shall have the opportunit y to attend the meeting between the Agency and the employee at the time of the decision on a TeleWork arrangement.
c. A TeleWork arrangement may be terminated by the Agency or by the employee upon submission of written notice to the other party. Upon receipt of the written notice, the TeleWork arrangement will be terminated on a date mutually acceptable to the Agency and the employee or thirty (30) calendar days from the date of written notice should there be no mutual agreement.
14.6 Retiree Health Insurance Contribution Program
The Agency’s Employee/Annuitants Health Insurance Contribution Program for employees hired on or after January 1, 2023 shall include the following to the extent allowed by CalPERS Health Rules and Legal Requirements:
a. The Agency has adopted the Retiree Medical Vesting Schedule pursuant to Government Code Section 22893 to apply only to employees first employed on or after January 1, 2023.
b. Employees hired on or before December 31, 2022 will be allowed to opt into the new vesting schedule only once during the initial enrollment period in 2022. c. The vesting schedule will match the vesting formula set for state employees and it will establish a requirement of PERS service credit which an employee must meet in order to receive the employer contribution based on the following table:
Credited Years of PERS
Service
Percentage of Employer
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
d. The retiree medical benefits of all employees first employed after January 1, 2023, shall be as set forth in Government Code Section 22893, and as such may be modified by future legislative action.
e. All additional CALPERS Health eligibility requirements shall be included in this program.
14.7 TERM
a. This Agreement shall remain in full force and effect upon approval by the Sacramento City Council and Sacramento County Board of Supervisors from July 1, 2022, through December 31, 2024.
b. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided.
SHRAEA NEGOTIATING SACRAMENTO HOUSING AND
COMMITTEE REDEVELOPMENT AGENCY
____________________________
Jason Jasmine Tracy Knighton
Chief Negotiator Chief Negotiator
____________________________
Haley Line James Shields
President Deputy Executive Director
EXHIBIT A – SALARY SCHEDULE
Sacramento Housing and Redevelopment Agency
FOR CURRENT SALARY INFORMATION VISIT:
http://agency.governmentjobs.com/shra/default.cfm?action=agencyspecs
EXHIBIT B – REGRESSION LADDERS
SHRA-EA
For employees holding regular status in the below-listed classifications, the regression is as listed within each section:
1. Principal Accountant
Accountant
Accountant Specialist
Finance Specialist – Payroll
2. Community Development Analyst - Range 2
Community Development Analyst – Range 1
3. Housing Finance Analyst--Range 3
Housing Finance Analyst--Range 2
Housing Finance Analyst--Range 1
5. Senior Housing Program Specialist
Housing Program Specialist
Housing Program Technician II
Housing Program Technician I
6. Senior Loan Servicing Analyst Loan Servicing Analyst Loan Processing Analyst
7. 8. Construction Engineer/Principal Construction Architect Principal Construction Technician
Construction Technician
9. Regulatory Compliance Analyst
Regulatory Compliance Specialist
10. 11. Real Estate Analyst
Real Estate Specialist
The following classifications do not have a regression ladder The Agency agrees to meet at any point during this contract to discuss placement of the classifications below in the regression latter:
Byer
Contact Center Agent
Compliance/Procurement Analyst
Community Development Analyst – Range 1
Compliance Analyst I
Compliance Analyst II
Community Outreach Liaison
Community Property Representative
Community Property Representative – On Site
Finance Specialist – Payroll
Housing Services Coordinator
Housing Authority Analyst
Housing Program Technician I
Housing Finance Analyst--Range 1
IT Customer Support Specialist
IT Desktop & Support Analyst
Leasing Agent
Loan Processing Analyst
Program Technician
Relocation Specialist
Regulatory Compliance Specialist
Resident Services Specialist
Sr. Leasing Agent
Attachment 3
AGREEMENT BETWEEN
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, LOCAL 146
AND
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY
July 1, 2022 – December 31, 2024
PREAMBLE 1
ARTICLE 1 – ENTIRE AGREEMENT 3
1.1 ENTIRE AGREEMENT 3
ARTICLE 2 – RIGHTS OF MANAGEMENT 4
2.1 RIGHTS OF MANAGEMENT 4
ARTICLE 3 – UNION RIGHTS 5
3.1 UNION RECOGNITION 5
3.2 PAYROLL DEDUCTIONS 6
3.3 UNION SECURITY 7
3.4 UNION STEWARDS AND UNION REPRESENTATION 10
3.5 UNION BUSINESS 11
3.6 BULLETIN BOARDS 12
3.7 LIST OF EMPLOYEES 12
3.8 USE OF AGENCY MAIL SYSTEM 12
3.9 USE OF FACILITIES 12
3.10 NEW EMPLOYEE ORIENTATION 12
ARTICLE 4 – GRIEVANCE AND ARBITRATION PROCEDURE 13
4.1 DEFINITION 13
4.2 INTENT 13
4.3 PROCEDURE 13
4.4 GRIEVANCE TIMELINES AND LIMITATIONS 13
4.5 INFORMAL GRIEVANCE 13
4.6 FORMAL GRIEVANCE- STEP 1 14
4.7 FORMAL GRIEVANCE - STEP 2 14
4.8 FORMAL GRIEVANCE - ARBITRATION 14
ARTICLE 5 – SALARIES 16
5.1 WAGE AND SALARY ADJUSTMENTS 16
5.2 SALARY STEP INCREASE 16
5.3 Y-RATE 16
ARTICLE 6 – EMPLOYEE BENEFITS 18
6.1 HEALTH INSURANCE 18
6.2 LIFE INSURANCE 19
6.3 HEALTH INSURANCE PREMIUM ADVANCE 20
6.4 CASH OUT AND/OR CREDIT FOR UNUSED SICK LEAVE 20
6.5 PERS RETIREMENT PLAN AND CONTRIBUTION 20
6.6 DEFERRED COMPENSATION 20
6.7 FLEXIBLE SPENDING ACCOUNTS 21
6.8 OTHER EMPLOYEE BENEFITS 21
6.9 STATE DISABILITY INSURANCE 21
ARTICLE 7 – HOURS OF WORK AND OVERTIME 22
7.1 WORKDAY/WORKWEEK 22
7.2 OVERTIME 22
7.3 COMPENSATORY TIME OFF (CTO) 23
7.4 PART-TIME EMPLOYMENT 23
7.5 VOLUNTARY WORK FURLOUGH/REDUCED WORK WEEK 24
7.6 REST PERIODS 24
7.7 MAKE-UP TIME 24
ARTICLE 8 – HOLIDAYS AND LEAVES 25
8.1 HOLIDAYS 25
8.2 ANNUAL LEAVE 27
8.3 SICK LEAVE 28
8.4 COURT LEAVE/JURY DUTY 29
8.5 LEAVES OF ABSENCE WITHOUT PAY - REGULAR EMPLOYEES 29
8.6 PARENTAL LEAVE 30
8.7 CATASTROPHIC LEAVE 32
8.8 AGENCY CLOSURES 32
ARTICLE 9 – SPECIAL ALLOWANCES 34
9.1 ON-CALL PAY 34
9.2 NIGHT-SHIFT DIFFERENTIAL 34
9.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION 34
9.4 LEADWORKER PAY 35
9.5 LONGEVITY PAY 36
9.6 BILINGUAL PAY 36
ARTICLE 10 – PERSONNEL ACTIONS 37
10.1 PROBATIONARY PERIOD FOR NEW HIRES, TRANSFERS & PROMOTIONS 37
10.2 TRANSFERS 37
10.3 PROMOTIONS – REGULAR EMPLOYEES 38
10.4 DEMOTIONS 38
10.5 TRANSITION 38
10.6 DISCIPLINARY ACTION 39
10.7 IN-LIEU DISCIPLINE 39
10.8 CITIZENS COMPLAINT 40
10.9 EMPLOYEE PERSONNEL RECORDS 40
10.10 EMPLOYEE PERFORMANCE EVALUATIONS 41
ARTICLE 11 – SENIORITY AND LAYOFF 42
11.1 SENIORITY DEFINITIONS AND CLASSIFICATION TERMINOLOGY 42
11.2 LAYOFF, REDUCED WORK SCHEDULE, BUMPING, AND REGRESSION LADDER DEFINITIONS 43
11.3 REDUCED WORK SCHEDULE AND PERMANENT LAYOFF PROCEDURE 44
11.4 RECALL 46
11.5 EMPLOYEES NOT COVERED BY THIS AGREEMENT 47
ARTICLE 12 – REIMBURSEMENTS 48
12.1 TUITION REIMBURSEMENT 48
12.2 REGIONAL TRANSIT MONTHLY PASS 48
12.3 DOWNTOWN PARKING SUBSIDY 48
ARTICLE 13 – SAFETY AND UNIFORMS 49
13.1 SAFETY 49
13.2 SAFETY GLASSES 49
13.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES 49
13.4 SAFETY SHOES 50
13.5 UNIFORM CHANGES 50
ARTICLE 14 – MISCELLANEOUS 51
14.1 DISCRIMINATION CLAUSE 51
14.2 SAVING CLAUSE 51
14.3 STRIKES AND LOCKOUTS 51
14.4 CLASSIFICATION STRUCTURE CHANGES 51
14.5 CONTRACTING-OUT 51
14.6 DRIVER LICENSE AND INSURABILITY 51
14.7 JOINT LABOR/MANAGEMENT COMMITTEE 52
14.8 RETIREE HEALTH INSURANCE CONINUATION PROGRAM 52
14.9 TERM 53
ATTACHMENT 1 – SALARY SCHEDULE 56
ATTACHMENT 2 – REGRESSION LADDERS 57
1 PREAMBLE
This Agreement, hereinafter referred to as the Agreement, has been entered into by the HOUSING AND REDEVELOPMENT AGENCY OF THE CITY AND COUNTY OF SACRAMENTO, hereinafter referred to as the Age ncy, and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #146, hereinafter referred to as the Union. These parties have met and conferred in good faith and this resulting Agreement has as its purpose the promotion of harmonious lab or relations between the Agency and the Union, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work and other conditions of employment.
2 3
ARTICLE 1 – ENTIRE AGREEMENT
1.1 ENTIRE AGREEMENT
a. This Agreement, upon ratification by the Governing Boards, supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties and concludes negotiations for its term. b. This Article shall not be construed so as to prevent the parties from mutually agreeing, in writing, to reopen a provision or provisions in this Agreement, so long as reopened provisions are specified in the parties' mutual reopened agreement and other provisions in this Agreement continue in full force and effect.
4 ARTICLE 2 – RIGHTS OF MANAGEMENT
2.1 RIGHTS OF MANAGEMENT
The Agency retains all rights not expressly abridged by this Agreement and applicable laws and other regulations, including the grievance procedure herein. These rights, shall include, but are not limited to, the exclusive right to: a) direct, supervise, hire, promote, evaluate, suspend, discipline, discharge, transfer, assign, schedule and retain employees; b) dismiss employees due to lack of work, lack of funds, or abolishment of position; c) determine services to be rendered, operations to be performed, utilization of technology, work and productivity standards, and methods o f work to be performed; d) determine the mission of the Agency, its organization, the number of employees, appropriate job classifications and all budgetary matters; e) maintain and improve the efficiency and effectiveness of Agency operations; and f) take any necessary actions to carry out its mission in situations of emergency.
5 ARTICLE 3 – UNION RIGHTS
3.1 UNION RECOGNITION
a. For the purposes of meeting and conferring with respect to wages, hours, and other terms and conditions of employment, the Agency recogn izes the Union as the sole and exclusive bargaining agent for all employees in the bargaining units in the following job classifications, subject to the right of an employee to represent himself/herself as provided in Government Code Section 3502.
General Clerical and Service
Account Clerk
Accounting Technician
Clerical Assistant
Customer Service Representative
Housing Assistant
Office Assistant
Office Technician
Resident Services Technician
Operations and Maintenance
Facilities Coordinator
Maintenance Coordinator
Maintenance Specialist, Alarms & Utilities
Maintenance Specialist, Stationary Engineer
Maintenance Worker
Maintenance Worker Apprentice
Resident Trainee Program Lead
b. Employment Position Status : The standing of an employee's present appointment. There are the following types of status for employees covered by this Agreement:
Regular: The status of an e mployee who has been lawfully retained in a classification after completion of a probationary period.
Probationary: The status of an employee who has been appointed to a classification, but who has not completed the required period of fifty-two (52) weeks of continuous employment.
6 Pre-approved time off during the probationary period shall not be considered to be a break in continuous service; however, any absence exceeding fifteen (15) continuous work days shall extend the probationary period by an equal amount of time.
Part-Time: A position of varying duration but must be such as to work twenty (20) or more hours but less than forty (40) hours per week.
Limited-Term: The status of an employee hired for a limited duration, up to a maximum of twenty-four (24) months, because of seasonal workloads, special projects, or other reason. Such employee must work within one year from each date of employment, at least 1,040 hours during a continuous period of at least six (6) months.
c. The Union will not object to the State Mediation and Conciliation Service conducting an election pursuant to the Agency's Employer-Employee Relations Policy.
3.2 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions for group insurance plans to which the Agenc y now is or shall hereafter be a contracting party, the Agency agrees to establish payroll deductions for members of the Union the first two (2) paydays of each month for:
(1) the normal and regular monthly membership dues;
(2) the service fees for non -members as set forth in Section 3.3 of this Agreement;
(3) insurance premiums for plans to which the Agency is not a contracting party, including Union -sponsored disability insurance premiums and automobile insurance premiums; and
(4) charitable contributions.
b. All payroll de ductions set forth in Section 3.2(a) above shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth in authorization forms approved by the Agency.
Such forms shall be those which are curren tly used. Any changes or modifications shall be agreed upon between the Agency and the Union.
(2) Such deductions shall be made only upon submission to the Human Resources Department of said authorization form duly completed and executed by the employee and the Union.
7 (3) The Union will be responsible for submitting to the Human Resources Department any changes in the amounts to be payroll deducted from the paychecks of employees who have authorization forms on file with the Agency. The Agency may devise a payrol l deduction input document for use by the Union.
(4) The Agency must approve, in advance, all payroll deductions made pursuant to Section 3.2(a)(3) and (4). All insurance plans must be approved as being non -competitive and non-duplicative of Agency- offered insurance programs.
(5) The Union agrees to indemnify, defend and hold the Agency and the City of Sacramento, their officers, agents and employees harmless against any claims made, and against any suits instituted against them or any one of them on account of an y payroll deduction made pursuant to this Article.
c. The Agency will remit to the Union a check for all the deductions. d. Solicitation and/or servicing of Union insurance and benefit programs shall not interrupt on -duty employees nor be conducted in any Agency facility without prior approval of the Agency.
3.3 UNION SECURITY
a. Maintenance of Membership
As a condition of continued employment, employees who are members or become members of the Union shall maintain their Union membership or pay a service fee to the Union.
b. Agency Shop Election
The Union shall have the right during the term of this Agreement to call for one secret ballot election among all eligible employees in the General Clerical and Service Unit to determine the employees' desire to be covered by a full agency shop.
Eligible employees shall include all employees covered by the Agreement in the specified Unit in the bi -weekly pay period immediately preceding the Union's written request and submission of a signed petition of thirty percent (30%) of th e employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement. The secret ballot election shall be supervised by the State Mediation and Conciliation Service. In the event a major ity of the employees in the specified Unit who cast ballots and vote in favor of the agency shop agreement, the parties shall amend this Agreement to include such a provision for that Unit.
c. Service Fee
8 The service fee required in subsection (a), or in the event a full agency shop is authorized pursuant to subsection (b) shall be an amount not to exceed the Union's uniformly -applied standard initiation fee, periodic dues and general assessments. In computing such amounts, the Union shall exclude expenditur es for members-only benefits and Union expenditures for political and ideological purposes unrelated to collective bargaining, contract administration and grievance adjustment.
Any dispute as to the service fee or the amount thereof shall be directed sole ly to the Union, and the Agency shall not be a party to the dispute.
No career employee who is paid for less than one hour of salary during a bi-weekly pay period and no non -career employee who is paid for less than forty (40) hours of salary during a bi -weekly pay period shall be required to pay a service fee under either subsection (a) above or the full agency shop. Further, no employee shall be required to pay any service fee under the full agency shop through their first full calendar month of employment with the Agency. Employees exempted from the service fee under this paragraph, except career employees, shall not be covered by this Agreement while they hold such exempt status.
d. Religious Objection
Any employee otherwise required to pay a service fee under this Section, and who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any p ublic employee organization as a condition of continued employment. Such an employee shall be required as a condition of continued employment, in lieu of the service fee, to pay a sum equal to the service fee otherwise payable under this Section to a non -religious, non- labor charitable fund exempt from taxation under Internal Revenue Code Section 501(c)(3). Upon request of the Union, such employee shall be required to submit to the Union proof of payment of the in -lieu-of service fee. For purposes of thi s Section, such employees shall choose from the following three (3) organizations:
United Way
Firefighters Burn Institute
Children's Receiving Home
Employees claiming a religious exemption shall be required to file a written statement under oath or affirma tion with the Union, which identifies the religious organization by name, if any, and which provides in detail that the employee and the organization meet all of the requirements for claiming the religious exemption. e. Disclosure and Reporting
The Union shal l keep an adequate itemized record of its financial transactions and shall make available annually, to the Agency upon written request and to the employees covered by this Section within sixty (60) days after the end of its fiscal
9 year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. The Union, if required to file financial r eports under the Labor -Management Disclosure Act of 1959 covering employees governed by this Agreement, or if required to file financial reports under Section 3546.5 of the Government Code, shall instead provide the Agency with a copy of such financial reports.
f. Hold Harmless
The Union shall promptly refund to the Agency any amounts paid to the Union in error under this Section.
The Union expressly agrees to indemnify and hold the Agency harmless from any and all claims, demands, costs (including any costs i ncurred by the Agency in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the Agency in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include but not be limited to employee legal actions of any sort or nature against the Agency based upon or related to this Section. Further, in the event that the Agency undertakes disciplinary action against an employee pursuant to this Section, this hold harmless and indemnity agreement shall cover all costs and expenses, including any costs incurred by the Agency in defense of a lawsuit.
g. Change of Law
In the event there is a change in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Section is rendered unlawful by any published appellate court decision, this Section shall be forthwith deemed amended to comply with the change or decision in question. h. Discipline Procedure
Failure to pay the r equired service fee under this Section constitutes cause for discharge pursuant to Section 10.4 of this Agreement. However, no employee shall be terminated under this Section unless:
(1) The Union first has notified the employee by letter, explaining that he/she is delinquent in not tendering the required service fee, or payment in lieu of service fee pursuant to subsections (c) and (d) above, specifying the current amount of the delinquency, and warning the employee that unless such service fee, or payment in lieu of service fee, is tendered within thirty (30) calendar days, the employee will be reported to the Agency for termination as provided in this Section; and
10 (2) The Union has furnished the Agency with written proof that the procedure of subsection (1) abov e has been followed, or has supplied the Agency with a copy of the letter sent to the employee and notice that he/she has not complied with the request. The Union must further provide, when requesting the Agency to terminate the employee, the following written notice:
"The Union certifies that (employee's name) has failed to tender the agency shop service fee, or payment in lieu of service fee, required as a condition of employment under this Agreement and that under the terms thereof, the Agency shall terminate the employee."
i. Duty of Fair Representation
The Union shall accord fair representation in all matters to all employees in the Unit without regard to whether the particular employee is a member of the Union.
The duty of fair representation sh all include, but not be limited to, all matters related to collective bargaining, discipline, contract administration, and grievance processing. j. Employee Rights
Employees covered by this Agreement shall have all rights specified in Government Code Section 3502.5(b).
3.4 UNION STEWARDS AND UNION REPRESENTATION
a. The Agency recognizes and agrees to deal with the accredited Union stewards and representatives of the Union in all matters relating to grievances and the interpretation of this Agreement.
b. A written li st of officers of the Union and the Union stewards with the specific areas they represent, shall be furnished to the Agency immediately after their designation and the Union shall notify the Agency promptly in writing of any changes of such Union officers or stewards.
c. The number of Union stewards shall not exceed one for each twenty (20) employees within the representation unit, plus one steward for the remaining group of nineteen (19) or less employees. Any change in the number of stewards shall be made by written consent of both parties.
d. Upon request of an aggrieved employee, a steward for the representation unit of the aggrieved employee, or a representative of the Local, may investigate the specified grievance and assist in its presentation. Reasonable time shall be allowed during working hours without loss of time or pay, subject to prior notification and approval of the immediate supervisor and the concurrence of the Human Resources Director through Step 2 of the grievance procedure only.
11 e. Upon notification of the Human Resources Director, or his/her designated representative; a representative of the International and/or Local #146 who will be representing the employee in the grievance and arbitration procedure, may visit the Agency at any time mutually agreeable to both parties for the purpose of preparing the case for arbitration.
f. A representative of the Agency, at its option, may accompany the parties.
In addition, the representatives and the Union President, or his/her designated representative, may privately interview employees, one at a time, in possession of facts relevant to the grievance. The interviews shall be held at a place provided by the Agency and for a reasonable period of time.
g. During any such visits, representatives shall not in any w ay interfere with the orderly and efficient operation of the Agency.
h. Notwithstanding the provisions of this Article and Article 4, Grievance and Arbitration Procedure, on all matters relating to grievances and the interpretation of this Agreement, the Agen cy shall deal with only the accredited Union stewards who are career employees and those Union officers elected by the general membership of Local #146. Further, the provisions of Section 3.3(d) shall apply to only such persons (including a paid full-time Local or International Union staff representative). i. Notwithstanding any provision of this Section, in the event the full agency shop becomes effective for either Unit during the term of this Agreement, the Union stewards for that Unit shall have no extens ive designated responsibilities and shall not conduct any Union or representational activities, including grievance handling, on Agency time unless prior approval is expressly granted by Agency management.
3.5 UNION BUSINESS
a. A regular employee who is elec ted or appointed to Union office, or is selected for regular employment with the Union, shall be granted a leave of absence from the Agency without pay for a one -year period. Leave of absence for Union business shall count as service time for the purpose of determining seniority. b. Members of the Union Negotiating Committee shall be granted leave from duty with full benefits for the purpose of negotiating the terms of an agreement when such meetings take place at a time during which such members are schedule d to be on duty.
c. A regular employee who is elected or selected by the Union, upon written request of the President of the Union, may be granted an excused absence without pay or may use accrued vacation hours for a period of time sufficient to attend confe rences, conventions, or special training schools, subject to the needs of the Agency.
12 3.6 BULLETIN BOARDS
a. For purposes of posting Union notices, the Agency shall provide the Union with adequate space on bulletin boards in areas where the Union has employee s it represents. Such notices may be posted by the Union.
b. The Agency shall provide the Union with a list of bulletin boards with adequate space for Union notices. These same bulletin boards shall be utilized for the posting of job examination announcements and seniority lists. c. In the event a dispute arises concerning the appropriateness of material posted, the President of the Union will be advised by the Human Resources Director of the nature of the dispute and the notices will be removed until the dispute is resolved.
3.7 LIST OF EMPLOYEES
Upon request of the Union, the Agency will provide the Union with a list of employees, by organization number, covered by this Agreement. The Agency shall not be obligated to provide such list more than once per calendar month.
3.8 USE OF AGENCY MAIL SYSTEM
a. The Union will be permitted reasonable use, not to exceed once per calendar month, of the Agency's mail system for Union materials to employees covered by this Agreement. The mail code shall be clearly marked on the envelope for such mail. The Agency shall not be held responsible for untimely or lost mail. b. Union will agree to use e -mail pursuant to Agency’s Technology Usage Policy.
3.9 USE OF FACILITIES
The Union can use Agency conference rooms and similar fa cilities for meetings with bargaining unit employees. The union agrees to provide advance notice to the Agency when requesting use of Agency facilities. Advance notice is, as soon as possible, however normally not less than five (5) business days in adva nce. The Union shall make such notice to the appropriate Agency official. The Agency shall have priority for the use of such facilities. The Agency may establish reasonable regulations governing the use of Agency facilities as provided by this Section.
3.10 NEW EMPLOYEE ORIENTATION
The Chapter President or designee will be informed by the Agency of any Human Resources conducted quarterly new employee orientations and will be provided a thirty (30) minute opportunity to speak to new bargaining unit orientees during the quarterly new employee orientation. This notice will include the date, time, and location of the orientation and the names of new AFSCME represented employees.
13 ARTICLE 4 – GRIEVANCE AND ARBITRATION PROCEDURE
4.1 DEFINITION
A grievance is a ny dispute between (a) the parties, (b) the Agency and an employee or employees, or (c) between or among employees, with respect to the meaning, interpretation, application or enforcement of this Agreement.
4.2 INTENT
It is the intent of the parties to thi s Agreement to anticipate and diminish causes of grievances and to settle any which arise, informally at the lowest practicable level of supervision, and as fairly and promptly as possible. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence, between steps of the grievance procedure, and the time in which each answer must be given.
Any grievance not initiated, or pursued by the Union, aggrieved employee, or the Agency, as the case may be, withi n these time limits, will be considered settled on the basis of the last timely demand or answer by the Agency, as the case may be, unless the time is extended by agreement of both parties. At each step of the grievance procedure, the Agency shall make av ailable information necessary and pertinent to the processing of the grievance, except for any material which, in the Agency's discretion must, in the public interest be kept confidential or which is intimate and private to the grieving employee.
4.3 PROCEDURE
Grievances will be processed in the following manner and within the stated time limits.
4.4 GRIEVANCE TIMELINES AND LIMITATIONS
No matter shall be considered as a grievance unless it is presented in writing within thirty (30) calendar days after the o ccurrence of the events on which the grievance was based. It is the intent of this provision that a grievance shall be filed as soon as practicable. Grievance resolutions involving back pay are limited to thirty (30) calendar days prior to the date the g rievance was filed. The only two exceptions are if there is mutual agreement by the parties to waive this provision, or for pay discrepancies that are supported by appropriate documentation.
If the Agency does not meet the time limits, the Union may process the grievance to the next step. Time limits at each step may be waived or extended by mutual agreement of the parties.
4.5 INFORMAL GRIEVANCE
The aggrieved employee or group of employees or a representative of the Union shall orally present the griev ance to the employee's appropriate supervisor or his/her designated representative within thirty (30) calendar days following the occurrence of events on which the grievance is based. The supervisor shall respond to the grievant
14 (s) or union representati ve within ten (10) working days of the date of presentation of the grievance.
4.6 FORMAL GRIEVANCE- STEP 1
a. If the grievance is not resolved under Section 4.5, it shall be reduced to writing, setting forth the alleged facts or circumstances giving rise to t he grievance, the applicable Section of the Agreement asserted to have been violated and the remedy or correction requested of the Agency. The written grievance must be dated and signed by the aggrieved employee.
b. The written grievance must be presented to the aggrieved employee's Department Head or the Department Head's designated representative, within ten (10) working days after the supervisor's response under Section 4.5. c. The Department Head or designated representative shall establish a time for a grievance meeting with the aggrieved employee and/or the Union representative to occur within ten (10) working days after receipt of the written grievance in an attempt to resolve the matter. At the grievance meeting, the Department Head or designated representative shall receive such evidence relevant to the grievance as the aggrieved employee and/or Union representative may wish to introduce. d. The Department Head or designated representative shall then consider the evidence received and render a written decis ion within ten (10) working days after the grievance meeting.
4.7 FORMAL GRIEVANCE - STEP 2
a. If the grievance is not satisfactorily resolved at Step 1, the written grievance may be presented to the Executive Director or the Executive Director's designated representative within ten (10) working days after receipt of the Department Head's written answer. The Executive Director or designated representative shall investigate and receive such evidence in the matter as seems just and proper and may meet with the aggrieved employee and/or the Union representative in an attempt to resolve the grievance.
b. The Executive Director or designated representative shall then consider the evidence received and render a written decision on the grievance within twenty (20) working days after receipt of the written grievance by the Executive Director. c. If the grievance is not resolved at Step 2, by mutual agreement of the parties, the matter may be referred to mediation by the California State Mediation and Conciliation Service.
4.8 FORMAL GRIEVANCE - ARBITRATION
a. Grievances not settled in Step 2 of the Grievance Procedure may be referred to arbitration. Only the Union may advance a grievance to arbitration. Request
15 for arbitration shall be made in writing within ten (10) working d ays after the Executive Director's response is given.
b. An impartial arbitrator shall be selected jointly by the Agency and the Union within thirty (30) working days of receipt of the request. The parties shall attempt to mutually agree on an arbitrator. I f the parties cannot agree on an arbitrator, they shall immediately make a joint request of the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators. The parties shall each strike two (2) names from the list and the remain ing person shall be accepted as the arbitrator. The arbitrator shall have access to all written statements and documents relevant to the grievance. c. The arbitrator shall render his/her decision no later than sixty (60) days after the conclusion of the fina l hearing. Such decision shall be made in writing and shall be final and binding on both parties and made in accordance with, and in conformance to, the terms of this Agreement. Copies of the decision will be furnished to both parties.
d. The arbitrator sha ll have no authority to add to, delete, or alter any provision of this Agreement, but shall limit his/her decision to the scope, application and interpretation of the provisions of this Agreement and shall make no decisions in violation of existing law.
e. The fees and necessary expenses of any arbitration proceedings shall be shared equally by both parties, except that each party shall pay the fees of its own counsel and/or representative. The Agency agrees that employees shall not suffer loss of compensatio n for time spent as a witness at an arbitration hearing held pursuant hereto. The Union agrees that the number of witnesses requested to attend and their scheduling shall be kept to a reasonable minimum.
f. The Union and the Agency shall provide, in writing, the names of such witnesses and Union representative (SHRA Employee) attending the arbitration proceedings at least one (1) week in advance of the proceedings. No pay shall be provided to the witnesses or Union representative (SHRA Employee) if the Union or grievant fails to provide the one (1) week advance notice.
16 ARTICLE 5 – SALARIES
5.1 WAGE AND SALARY ADJUSTMENTS
1) Effective July 1, 2022, all AFSCME represented employees shall receive a 2% salary range increase
2) Effective July 1, 2022, all AFSCME represented employees shall receive a $500 lump sum payment
3) Effective January 6, 2023, all AFSCME classifications shall receive a 3.5% salary range increase
4) Effective January 5, 2024, all AFSCME classifications shall receive a 3.5% salary range increase.
5.2 SALARY STEP INCREASE
a. A new employee will normally receive the salary specified for Step 1 of the salary range which corresponds to his/her job classification. In special circumstances, a beginning salary above Step 1 may be authorized by the Executive Director. b. After successful completion of a Fifty-Two (52) week probationary period of continuous full -time service or part -time service, an employee may be eligible for a step increase to the next higher step of the salary range of his/her job classification.
The date upon which the employee successf ully completed the probationary period will serve as the anniversary date for further step advancements.
Pre-approved time off during the probationary period shall not be considered to be a break in continuous service; however, any absence exceeding fifteen (15) work days shall extend the probationary period by an equal amount of time. c. Thereafter, employees may be eligible to advance to the next higher step upon completion of a period equivalent of fifty -two (52) weeks of continuous full -time service, in accordance with 5.2(f).
d. After successful completion of fifty -two (52) weeks of continuous full -time service an employee’s advancement to a succeeding step of the salary range shall not be delayed because he/she has not received a timely evaluation. e. Succeeding step increases shall be effective on the employee’s assigned anniversary date in accordance with 5.2(c).
f. A step increase may be denied only for just cause in writing.
5.3 Y-RATE
Employees who are reclassified to classifications where the maximum rate of pay is less than the employee's salary immediately prior to the reclassification, pursuant to a classification and pay study, shall be Y -rated for twelve (12) months. . After the twelve month Y -rated period, the employee will be placed at a salary step wit hin the salary
17 range of the new classification closest to the salary held by the employee prior to reclassification.
18 ARTICLE 6 – EMPLOYEE BENEFITS
6.1 HEALTH INSURANCE
Cafeteria/group insurance contribution may be used towards health and/or dental benefits.
Beginning January 1, 2022 , the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
(1) Employee Only: Lowest Cost HMO Plan at the
employee only level plus Dental DMO Plan for employee only per month (2022)
(2) Employee plus one: $1,280 per month (2022)
(3) Employee plus two or more: $1,635 per month (2022)
Beginning January 1, 2023, the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO Plan at the employee only level plus Dental DMO Plan for employee only per month
b. Employee plus one: Lowest Cost HMO Plan at the employee plus one level plus Dental DMO Plan for the employee plus one
c. Employee plus two or more: Lowest Cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more Beginning January 1, 2024, the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO Plan at the employee only level plus Dental DMO Plan for employee only per month
b. Employee plus one: Lowest Cost HMO Plan at the employee plus one level plus Dental DMO Plan for the employee plus one c. Employee plus two or more: Lowest Cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more Effective January 1, 2024, allowances will be a dollar number based on the allowance set by the 2024 rates versus a formula.
Employees are required to maintain health insurance c overage or provide proof of coverage elsewhere. Employees not enrolled in an Agency -sponsored medical plan
19 shall be able to use up to $200.00 per month to purchase Agency -sponsored dental, full family vision coverage, and/or life insurance pursuant to section 6.2.
Any employee who has opted out of health insurance and is receiving an opt -out payment of $200.00 per month effective January 1, 2019, shall be entitled to continue to receive that cash opt -out amount for any period the employee continues to opt out of health insurance for the duration of the MOU. Such employees may apply any portion of the $200.00 toward the Agency-sponsored dependent care reimbursement program, life insurance pursuant to Section 6.2, the employee's share of retirement contribut ion (for Classic PERS members only), and deferred compensation. No other employee is entitled to receive a cash opt out amount of any kind.
b. All employees who are regularly scheduled to a part -time position in the General Clerical and Service and the Ope rations and Maintenance Unit shall receive a pro rata Agency designated group insurance contribution based on the employee's regularly scheduled hours.
c. To be eligible for the Agency contribution under this Article the full-time employee must be paid for a minimum of forty (40) hours of work during the bi -weekly pay period for which the Agency contribution is made. If an employee fails to meet this criterion the Agency shall deduct from the employee's paycheck the amount in excess of the Agency contribution required for part -time employees by Section “c” of this article, in addition to any other employee deductions for health and dental insurance. If a deduction from the employee's paycheck cannot be made in its entirety, it is the responsibility of the individual employee to pay for the remaining amount. The Agency shall advance no more than three (3) months of health insurance premiums. The employee shall reimburse the Agency for all such premiums paid by the Agency on a repayment schedule not to exceed 26 pay periods.
d. All employees covered by this Agreement shall be eligible for the employee -plus- one coverage under the Vision Care Plan "A".
e. The Agency’s Cafeteria/group Insurance Contributions for employees hired on or before December 31, 2022 inclu des the following: The maximum health insurance contribution shall be $430.00 per month and shall continue at $430.00 per month for the duration of this Agreement. This contribution is included in the contribution amounts listed in Section 6.1(a) above.
Employees with proof of health insurance from another source may opt out of the health insurance and cafeteria plan.
6.2 LIFE INSURANCE
The Agency shall provide $10,000 life insurance for probationary , regular, and limited-term employees covered by this A greement. The Agency agrees that subject to
20 Federal tax limitations and during the applicable open enrollment period, employees may purchase additional life insurance up to three (3) times annual salary. Such insurance may be purchased from the Agency he alth and dental contribution up to the Federal limit, and from employee out-of-pocket funds thereafter.
6.3 HEALTH INSURANCE PREMIUM ADVANCE
A regular or limited -term employee who is on worker's compensation and who has exhausted all leave balances and is on leave without pay, may request that the Agency continue elected coverage limited to the Agency's medical plan by advancing payments during such leave. The Agency may advance no more than three (3) months of health insurance premiums and the employee shall reimburse the Agency for all such premiums paid.
6.4 CASH OUT AND/OR CREDIT FOR UNUSED SICK LEAVE
Employees shall have the following option of a or b regarding sick leave cash out and/or credit at retirement with fifteen (15) years or more of Agency service:
a. Convert all accrued unused accumulated sick leave to retirement service credit pursuant to Section 20965 of the Government Code or b. Cash out up to thirty -three and one third percent (33 1/3%) of 1040 hours of the accumulated sick leave hours and conv ert the balance of unused sick leave to retirement service credit.
c. An employee who terminates employment with the Agency by any reason other than retirement shall forfeit any unused accumulated sick leave.
6.5 PERS RETIREMENT PLAN AND CONTRIBUTION
a. All empl oyees covered by this Agreement that are not “new members” under the California Public Employees Pension Reform Act of 2013 (“PEPRA”) shall be in the 2% at 55 CalPERS retirement formula. The employees will pay the entire seven percent (7%) PERS member contribution for the classic CalPERS formula plan.
All current and new employees will be covered by the Public Employees’ Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013. Accordingly, all new employ ees hired on or after January 1, 2013, who are considered “new members” under the PEPRA shall be in the 2% at 62 CalPERS retirement formula described in PEPRA. In addition, “new members” shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c).
6.6 DEFERRED COMPENSATION
Employees shall be eligible to participate in the Agency's Deferred Compensation Program.
21 6.7 FLEXIBLE SPENDING ACCOUNTS
The following flexible spending accounts shall be available to the eligible employees contingent upon the Agency passing the required non -discrimination testing each plan year.
a. Out-of-pocket costs for health and dental insurance premiums; b. Unreimbursed health care expenses as allowed by law up to $5,000 per plan year; and
c. Dependent care reimbursement.
Administrative costs shall be paid by the employees participating in Sections
6.7(b) and (c).
6.8 OTHER EMPLOYEE BENEFITS
Except as modified by this Agreement, and subject to applicable laws, the following benefits shall remain in effect during the term of this Agreement:
a. State Unemployment Insurance
b. State Disability Insurance
c. Worker's Compensation Fund
d. Social Security
e. Public Employees' Retirement System
6.9 STATE DISABILITY INSURANCE
a. The Agency shall maintain State Disability Insuranc e (SDI) at the employee's cost for employees in classifications represented by the Union.
The intent of this program is to enable eligible employees who file for their SDI benefits in accordance with applicable rules and procedures to integrate such SDI be nefits with their own available leave balances. Integration is where the SDI benefit and the monetary value of the employee's leave balance combine to provide a bi -weekly adjusted net income which is equivalent to 100% of the employee's regular net income so long as available leave balances and SDI eligibility permits.
22 ARTICLE 7 – HOURS OF WORK AND OVERTIME
7.1 WORKDAY/WORKWEEK
a. The workweek for the Agency employees shall begin at 12:01 a.m., Saturday and end at 12:00 midnight the following Friday. The workweek shall consist of five (5) days followed by two (2) consecutive days off. Regular full -time employees' workweek shall consist of forty (40) working hours during the seven (7) day period, unless otherwise allowed by other contract language.
b. The app ointing authority may adjust hours of work, the workweek and lunch periods. Prior to a change in lunch periods, hours or workweek, the Agency shall give the employee and the Union fifteen (15) workdays notice. If the Agency fails to provide the fifteen (15) days notice, the employee shall be compensated at a rate of one and one-half (1-1/2) times the employee’s normal rate of pay for a period of fifteen (15) workdays.
(1) Prior to a change in hours of work, the workweek and lunch periods, the Agency shall first ask for volunteers by work location; (2) If there are no volunteers the Agency shall assign employee(s) for any change by inverse seniority by work location, unless the employee is not qualified to perform the work as determined by the Agency;
(3) If a more sen ior qualified employee is involuntarily assigned, the Agency shall have ninety (90) days to train the less senior employee. At the end of the ninety (90) day period the less senior employee shall replace the more senior involuntarily assigned employee.
c. Alternative schedules include, but are not limited to, 9/80 schedules consisting of eight (8) days of nine (9) hours and one day of eight (8) hours in a bi - weekly pay period; 4/10 schedules consisting of four (4) days of ten (10) hours in a workweek; or other flex schedules designated by the Agency.
7.2 OVERTIME
a. Overtime shall be compensated at a rate of one and one -half (1 ½) times the employee’s normal base rate of pay.
b. Employees who work in excess of eight (8) hours per day or forty (40) hours per week shall receive overtime pay.
c. Employees who work alternate schedules (i.e. 9/80 or 4/10 schedules) shall be paid overtime for hours worked in excess of nine (9) or ten (10) hours respectively per day or forty (40) hours per week.
23 d. For the purposes of computing o vertime, all paid time off shall not be considered as time worked.
e. Within each job classification, qualified regular employees on a job site shall be offered overtime work prior to the offering of overtime work to qualified other employees. Comp letion of a started assignment shall be the prime factor in the assignment of overtime work.
7.3 COMPENSATORY TIME OFF (CTO)
a. CTO instead of cash compensation for overtime may be granted, at the request of the employee, at the rate of one and one half (1 ½ ) hours paid leave for each overtime hour worked. Employees will be allowed to accrue up to forty (40) hours per year of CTO under this section. Any time accrued and used will count toward this 40 hours.
b. Any additional CTO instead of cash compensation fo r overtime beyond 40 hours may be granted, at the request of the employee and approval of the appointing authority, at the rate of one and one-half (1-1/2) hours paid leave for each overtime hour worked.
c. All CTO balances over eighty (80) but less than thre e hundred twenty (320) hours as of the pay period that includes December 31 will be paid annually on the third payday in the following year. Balances in excess of three hundred twenty (320) hours will be paid bi-weekly.
d. The Agency shall have the right to schedule and approve all use of CTO.
7.4 PART-TIME EMPLOYMENT
a. This Section applies to employees in part -time positions or full -time employees who request to be employed on a part -time basis. Approval of requests for part-time employment lies within the discretion of the Agency. b. Employees working part -time shall be scheduled to work a minimum of forty (40) hours in a bi-weekly pay period.
c. If a request to convert from full -time to part -time is approved, the employee will be assigned on a part-time basis as soon as practicable. d. A part-time employee may request to change to full -time employment by giving written notice to the Human Resources Department. Employees submitting such written request will be changed to full -time employment as vacancies in regular positions occur within their current classification. The part -time employee who has the earliest dated request to change to full -time employment will be given the first available vacancy.
24 e. The salary of part-time employees shall be prorated based on the numb er of hours worked. Vacation, sick leave, holiday and insurance benefits will be as stated in those sections of this Agreement.
7.5 VOLUNTARY WORK FURLOUGH/REDUCED WORK WEEK
The Agency may establish a Voluntary Furlough/Reduced Work Week Policy for regular full -time employees. The voluntary work furlough/reduced work week may consist of a full day of unpaid leave on a variable schedule or a work schedule which is modified on a regular fixed basis to less than forty (40) hours per week. Employees shall ap ply for participation in the program pursuant to the conditions set forth in the rules and procedures governing the Agency program.
7.6 REST PERIODS
Employees will be allowed paid rest periods not to exceed fifteen (15) minutes during each four (4) consecu tive hours of work. Rest periods may not be accumulated.
Such rest periods will not be scheduled within one hour of the beginning or the end of the workday or lunch period.
7.7 MAKE-UP TIME
On a limited basis for special circumstances an employee may mak e a written request to voluntarily alter their assigned schedule during a particular workweek for non - reoccurring obligations outside of the workplace. The employee’s written request must include the reason(s) for the request and plan to make up the time within the workweek it is being requested. If approved in advance by an employee’s supervisor in writing, an employee may make up to a maximum of two (2) hours during the same workweek in which the time is taken. If the employee fails to make up the time , the time will be unpaid. All make-up time shall be paid at the employee’s regular rate of pay and not at the overtime rate. The Agency reserves the discretion to grant or deny any such request, and this provision is not subject to the grievance procedure.
25 ARTICLE 8 – HOLIDAYS AND LEAVES
8.1 HOLIDAYS
a. The following shall be recognized holidays for employees covered by this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February
Cesar Chavez’s Birthday Last Monday in March
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day After Thanksgiving First Friday after Thanksgiving Christmas Eve Day (4 hours) Last working day prior to observance of Christmas Day
holiday
Christmas Day December 25
Holiday Date
New Year’s Eve Day (4 hours) Last working day prior to observance of New Year’s Day
holiday
b. When one of these holidays falls on a Saturday, the employees shall be given the preceding Friday off. When one of these holidays falls on a Sunday, the employees shall be given the following Monday off.
c. Employees shall work the entire regularly scheduled shift, or have pre - approved time off, before and after the holiday to be eligible for holiday pay. An employee who is scheduled to work on a holiday and fails to report to work shall not be entitled to holiday pay. Employees who fail to report to work the day before or after the holiday because they are sick must provide a physician’s certification within 24 hours of reporting to work, otherwise they shall not be entitled to be paid for the holiday. In the event an employee is late for work on the day prior to the holiday or day after the holiday for a verified reason beyond their control (such as a traffic accident), the employee shall be given the opportunity to make up the missed time within five (5) working days. Failure to make up the missed time within five (5) work days shall result in a forfeiture of holiday pay. The makeup time shall not count as hours worked for purposes of overtime.
26 d. A regular or limited -term employee who works a holiday shall be p aid eight (8) hours for the holiday plus one and one -half (1-1/2) times of their regular rate of pay. If an employee reports to work on a holiday and does not work the entire shift, the employee will only be paid time and one -half (1-1/2) for the actual ho urs worked and shall not receive holiday pay for the remaining holiday hours not worked. e. Part-time employees shall receive the holiday benefit on a pro rata basis. f. Floating Holidays
In addition to the recognized holidays specified above, each employee shall receive the equivalent of three (3) floating holidays per fiscal year on an accrual basis as follows:
(1) Each regular full -time employee shall accrue floating holiday credit at the rate of. .923 hours per pay period. The employee shall accrue float ing holiday credit for each pay period for which the employee is paid one or more hours of salary.
(2) Part-time employees shall accrue floating holiday credit on a pro rata basis.
(3) The scheduling of floating holiday time must be approved in advance by the appointing authority or designated representative. (4) As of the end of the pay period which includes December 31, floating holiday time earned but not taken may accrue to a maximum of two (2) times the employee's yearly accrual. g. Alternate/Flex Schedule Holidays
During workweeks with one or more recognized holidays, holiday pay for employees working alternate or flex schedules shall be eight (8) hours for each full recognized holiday and four (4) hours for each half (1/2) recognized holiday.
Employees shall be giv en the option of supplementing the holiday pay for the recognized holiday with accrued holiday time, vacation accrued, or CTO in order to earn a total of forty (40) hours pay in the workweek. Employees whose regular day off falls on a recognized holiday shall, in lieu of paid time off, accrue eight (8) straight-time hours for each full holiday and four (4) straight time hours for each half (1/2) holiday falling on such scheduled day off.
27 8.2 ANNUAL LEAVE
a. All full -time regular employees shall earn annual leave at the following rate:
(1) 3.38 hours per bi -weekly pay period through three (3) years of service, to a maximum of 230 hours;
(2) 4.92 hours per bi -weekly pay period beginning with four (4) and through seven (7) years of service, to a maximum of 340 hours; (3) 5.38 hours per bi -weekly pay period with eight (8) and through ten (10) year of service, to a maximum of 360 hours;
(4) 5.69 hours per bi-weekly pay period beginning with eleven (11) and through fifteen (15) years of service, to a maximum of 400 hours; (5) 6.45 hours per bi -weekly pay period after fifteen (15) years of service, to a maximum of 480 hours.
b. Annual leave earned but not taken may accrue to the maximum indicated above, and thereafter no further leave shall accrue until the balance is reduced below the maximum.
c. During any calendar year in which an AFSCME represented employee has an accrued vacation balance of 160 hours or more, the employee may elect to take up to eighty (80) hours of vacation pay rather than time. d. Employee’s current leave accruals shall appear on employee’s pay stub. e. This Section shall apply to part -time employees except that the bi -weekly accrual rate under Section 8.2(a) shall be computed on a pro rata basis. f. Employees shall not be eligible to use annual leave prior to six (6) mo nths of service.
g. Use of vacation must be pre -approved in writing by the employee’s supervisor. In order to obtain pre -approval the employee must submit the request in writing on an Agency form to their immediate supervisor at least five (5) working days prior to the first day of absence. Last minute requests shall be considered on a case - by-case basis.
h. New employees who completed a 3 -6-month temporary assignment prior to gaining regular employment, start with a maximum 40 -hour bank of vacation (pro- rated) and also begin to accrue hours
28 i. New employees who were not on a temporary assignment are allowed to borrow up to 16 hours of floating holiday to use prior to completing the six (6) months of service.
8.3 SICK LEAVE
a. Sick leave shall be accrued at the rate of 3.69 hours per pay period. b. There is no limit to the amount of sick leave which may be accrued. c. Employees may use accrued sick leave for:
(1) Absence from duty when quarantined because of exposure to a contagious disease or when incapacitated from performin g duties because of a personal illness, injury, dental work, or pregnancy; and
(2) Absence from duty for medical or dental examination or treatment under circumstances not involving quarantine or incapacity; provided, however, that such absences shall be sched uled at the discretion of the appointing authority or designee.
(3) Absence from duty when absolutely necessary for attendance upon a spouse, child, stepchild, parent, domestic partner as pursuant to State law, or close relative residing with the employee beca use of illness or injury which incapacitates such family member and definitely requires personal care. Such absence shall be limited to forty (40) hours sick leave per year, unless otherwise expressly approved by the supervisor.
(4) Absence from duty to trans port a spouse, child, stepchild, parent, domestic partner or close relative residing with the employee, to and from a medical appointment.
(5) Absence from duty to attend during serious medical treatment or operation, including childbirth, performed upon a spo use, child, or domestic partner, as defined above.
d. An employee is allowed a maximum of forty (40) hours off if death occurs in the immediate family, unless otherwise expressly approved by the employee's supervisor. Immediate family shall be defined as the employee's mother, father, stepmother, stepfather, grandparents, spouse, domestic partner, children, stepchildren, brother, sister, and persons bearing the same relation to the employee's spouse.
Twenty four (24) hours shall be allowed off for the death of a relative not stated above who was a resident of the employee's household at the time of death. Eight (8) hours shall be allowed off for the death of a relative not stated above who was not a resident
29 of the employee's household at the time of death. Four (4) hours shall be allowed off to attend the funeral of a friend. All of this time shall be chargeable to sick leave. e. When an employee's sick leave has been depleted, annual leave shall automatically be utilized unless the employee otherwise notifie d the Finance Division in writing.
f. An employee who, while on vacation, is bedridden for three (3) or more days, or hospitalized for one or more days, due to an illness or injury may have such days charged to sick leave provided the employee submits appropr iate written verification from the treating physician or the hospital in which he/she was confined. g. Annually, employees with an accumulated sick leave balance of five hundred (500) hours or more, and who have used twenty -four (24) hours or less of sick leave by the end of pay period 25 of the current calendar year, may cash out up to sixteen (16) hours sick leave by submitting a request in writing to Human Resources no later than December 31. The cash out will be processed the next available pay period after the request is received.
h. This Article shall apply to part -time employees except that the monthly accrual rate under Section 8.3(a) shall be computed on a pro rata basis.
8.4 COURT LEAVE/JURY DUTY
For the period of time in court, on jury duty or under su bpoena as a witness in a proceeding in which the employee is not a party, an employee is entitled to court /jury duty leave with pay and said absence shall not be construed as annual leave or leave without pay. Any fee, other than for mileage, collected by the employee for such duty shall be collected by the employer from the employee, except that such fees collected shall not be in excess of the salary earned by the employee in the same period.
However, the employee may elect to take annual leave or leave without pay and retain any fees.
8.5 LEAVES OF ABSENCE WITHOUT PAY - REGULAR EMPLOYEES
a. A regular employee may request a leave of absence in writing to the Human Resources Manager. The request shall state specifically the reason(s) for the leave, the date when the leave is to begin, and the probable date of return. b. Upon written request and approval by the Executive Director or designee, a leave of absence without pay may be granted to any employee with regular status for a period of not to exceed one year for the following reasons:
(1) Illness or disability, including pregnancy -related disability, not covered by sick leave;
(2) Union business;
30 (3) Education or training which will materially benefit the Agency; (4) Parental/child care;
(5) Other personal reasons which do not c ause inconvenience to the Agency.
c. Any leave of absence granted under Section 8.5(a)(1) above shall be only for the actual period of illness, disability, or pregnancy-related disability. Any request for a leave of absence longer than the actual period of i llness, disability, or pregnancy-related disability, up to the one year maximum from the date the initial leave began under Section 8.5(a)(1), must be approved by the Executive Director or designee, and will be considered a leave under Section 8.5(a)(5). d. A regular employee on an unpaid leave of absence for one (1) year or less is eligible to return to his/her current or similar classification upon request by the employee. In all other cases the employee on leave shall not be returned to the position he/she vacated unless that position is open at the time he/she is released to return to work. He/she shall, however, be granted preferential hiring rights for a period of one (1) year to a similar job classification.
e. If the leave of absence without pay necessitates a temporary replacement, the employee on leave shall be returned to the position he/she vacated upon his/her return to work.
f. In the event an employee is transferred or promoted on a temporary basis for the duration of a leave of absence, such appointm ent shall have no effect on the status of the employee so promoted or transferred, and he/she shall be entitled to all rights and benefits that would be provided him/her had he/she not been temporarily promoted or transferred.
g. Employees may not accrue annual leave, floating holiday, or sick leave, or receive holiday pay, while on leave of absence without pay; however, employees returning to work following a leave shall retain their accumulated sick leave and annual leave.
h. Only those leaves of absence that u nder the law require no loss of status, including Workers’ Compensation, shall count for the purposes of determining seniority.
All other leaves of absence over thirty (30) work days shall be deemed as a break in seniority/service.
i. All premiums required u nder the Agency's health and welfare program shall be paid by the employee while on leave of absence without pay.
8.6 PARENTAL LEAVE
a. A parental leave policy for both male and female employees shall be implemented, with the following provisions:
31 (1) Regular ful l-time employees who have completed 2080 hours of continuous service shall be eligible for a maximum Agency -paid parental leave of four (4) weeks consisting of up to one hundred - sixty (160) hours of continuous paid time off. Unused parental leave shall have no cash value.
(2) Part-time employees who have completed 1040 hours of continuous service shall be eligible for a maximum Agency -paid parental leave of four (4) weeks consisting of up to eighty (80) hours of continuous paid time off. Unused parental leave shall have no cash value.
(3) To be eligible for the paid leave the employee must have completed probation from the most recent date of hire preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, o r (b) the adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court -appointed legal guardians and foster parents do not qualify for parental leave. (4) Eligible employees shall have th e right to only one leave of absence per pregnancy or adoption regardless of the number of children involved (e.g., twins). The duration of paid leave shall not change based on a change in employment status, such as from part-time to full -time. An employ ee must utilize all paid leave prior to converting to unpaid leave during parental leave.
(5) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the classification last held or equivalent position.
(6) Eligible employees may extend parental leave beyond the four (4) weeks of Agency -paid leave to the maximum six (6) months of leave, upon approval by the Agency, by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday, and/or unpaid leave to their initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
(7) Parental leave shall be taken in one continuous period of absenc e on paid or unpaid status, and must be completed within one year of the birth or adoption for which it is requested.
32 (8) Parental leave shall not commence prior to the date of birth or adoption and is separate from any disability leave which may be available to the employee.
(9) The Agency shall run Family Medical Leave Act (FMLA) concurrently with parental leave.
(10) Nothing in this provision is intended to limit or waive rights held by employees under state and federal law with regard to leaves. b. The Agency shall hav e the right to promulgate a policy and procedure to implement and administer parental leave.
8.7 CATASTROPHIC LEAVE
Upon request of a regular employee and upon approval of the Executive Director or designee, annual leave, CTO, vacation, and/or holiday leave may be transferred from one or more employees to another employee, in accordance with Agency policies, and under the following conditions:
a. The receiving employee faces financial hardship due to injury or the prolonged illness of the employee.
b. The receiving employee has exhausted all leave balances. c. Each donation must be a minimum of eight (8) hours and in whole hour increments and credited as vacation or annual leave.
d. The total leave credits received by the employee shall normally not exceed five hundred and twenty (520) hours; however, if approved by the Executive Director, the total leave credits received may be one thousand and forty (1,040) hours. e. Donations shall be made on a form to be developed by the Agency, signed by the donating employee, and veri fied by the donating department. These donations are irrevocable.
f. Sick leave credits shall not be transferred under this provision. g. This Section is not subject to the Grievance and Arbitration Article of this Agreement.
8.8 AGENCY CLOSURES
The following represents mandatory closure days during which employees in the unit will be off work without pay. Employees may substitute accrued paid leave time as further discussed below during these agency closure days. These agency closure days will be in addition to the reduced work schedule provisions in Section 11.2. The Agency reserves the right to require any employee to work on an agency closure day.
33 The Agency will close all operations on the last full work week of December of each year.
The Agency may designate a skeleton crew to be maintained to provide essential services during closure days. Management shall determine which services are essential during closure days.
34 ARTICLE 9 – SPECIAL ALLOWANCES
9.1 ON-CALL PAY
Effective the first full pay period fol lowing approval by the Governing Boards, a regular employee who is assigned on -call duty for emergency work shall be paid $210.00 per week in addition to his/her regular compensation. Employees who are called out while on standby shall receive two (2) ho urs minimum pay at time and one - half (1 -1/2) their base rate of pay. CTO shall be available for on -call overtime consistent with Article 7.3 of the MOU.
a. Effective pay period twenty -four in 2018 , the standby rate shall be $220.00 per week.
b. If an employee on standby is called and engages in problem solving which exceeds thirty (30) minutes the employee shall receive the two (2) hour minimum call - out pay or the actual time worked, whichever is greater. Additional calls within the two - hour period are covered under that minimum time paid.
c. Employees who are issued an Agency cell phone, laptop, or pager are not considered to be on standby unless assigned standby duty by the appointing authority.
9.2 NIGHT-SHIFT DIFFERENTIAL
All employees of the Agency covered b y this Agreement who work five -eighths (5/8) or more of their regular shift in the period extending from 6:00 p.m. to 6:00 a.m. shall be compensated therefore by payment for the entire shift of an additional seven and one-half percent (7.5%) of their base pay for that shift. Employees who work less than five-eighths (5/8) of their regular work shift in the period extending from 6:00 p.m. to 6:00 a.m. shall be compensated for those hours worked (to the nearest one-half hour) within this period by payment of an additional seven and one-half percent (7.5%) of their base pay for such hours.
9.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION
a. When it is required by the Department Head or designee that an employee perform seventy -five percent (75%) or more of the dutie s of a position in a higher classification, payment for such out -of-classification work shall be five percent (5%) above the regular base pay of the employee, providing such pay shall be a minimum of Step 1 of the higher classification, and no more than th e maximum of Step 5 of the higher classification.
b. When approved by the Department Head or designee an employee who performs less than seventy -five percent (75%) of the duties of a higher classification shall be paid a minimum of three percent (3%) above their regular base pay. c. No position will be filled by "temporary work in a higher classification" for more than six (6) months, except as follows:
35 (1) Illness
(2) Vacation relief
(3) Sick leave relief
(4) Leave of absence
(5) During the recruitment process
(6) Conditions of extended emergency
d. The Agency agrees not to abuse or circumvent the application or intent of this Section, including the establishment of new positions. e. Out-of-classification pay, as stated in Section 3.4(a) shall not apply to part- time or limited term employees unless such out-of-classification work is being performed on an unsupervised (non-trainee) basis.
If an employee is assigned to work out -of-classification the day before and the day after a holiday, sick leave, or vacation, such time off with pay shall be at the out- of-classification rate of pay.
9.4 LEADWORKER PAY
When the appointing authority designates a leadworker assignment, in writing, as a Leadworker, that employee shall receive an additional five percent (5%) to base pay for the first six (6) months, thereafter an additional five percent (5%).
When openings occur in a leadworker assignment, regular employees who are in a classification at the same salary range of the assignment may request to fill that assignment. The requests to fill an open leadworker assignment shall not be arbitrarily or capriciously denied. The assignment shall be made on the basis of the most qualified applicant. Where two (2) or more employees request the assignment and their qualifications are not significantly different, t he senior employee will be given the assignment. All employees requesting the assignment will receive an approved or denied letter following each leadworker assignment opportunity that falls into the category of the request.
For an employee to be considered for a leadworker assignment under this section a written request, on a form provided by the Agency, must be filed with the Human Resources Department. Such leadworker assignment requests shall be valid through December 31 of each calendar year.
The Agency reserves the right to end a lead worker assignment at any time.
36 9.5 LONGEVITY PAY
a. Employees who have been employed by the Agency for a period of twenty (20) to twenty -four (24) years on January 1 of each year shall receive longevity pay of $350 on the second payday of January.
b. Employees who have been employed by the Agency for a period of twenty-five (25) to twenty-nine (29) years on January 1 of each year shall receive $ 550 on the second payday of January.
c. Employees who have been employed by the Age ncy for a period of thirty (30) years or more on January 1 of each year shall receive $750 on the second payday of January.
9.6 BILINGUAL PAY
a. The Agency may authorize bilingual pay when it is determined to be necessary for the operation. The Agency shall determine what languages are appropriate for such pay and the number of employees to be certified. To be eligible for bilingual pay the employee must be determined to be verbally proficient, and if necessary for the assignment, proficient in the written l anguage. The Agency will arrange the certification and testing process and authorize the bilingual pay. b. Bilingual pay shall be compensated at the rate of five percent (5%) above the regular base pay for any period in which the employee is certified. An e mployee who is receiving bilingual pay shall provide assistance to any Agency operation as needed or when directed.
c. The certification period will be two (2) years from the date of certification only. At the end of the certification period the Agency may o r may not recertify the employee under paragraph “a” above.
37 ARTICLE 10 – PERSONNEL ACTIONS
10.1 PROBATIONARY PERIOD FOR NEW HIRES, TRANSFERS & PROMOTIONS a. Effective July 1, 2022, a ll bargaining unit employees will serve an initial probationary period of fifty-two 52) weeks of full-time service employment. This fifty-two (52) week period will be used to determine if performance of the employee is satisfactory and if employment should be continued.
b. Probationary employees hired prior to July 1, 2022, will continue to serve their 26-week probationary period.
c. The probationary period may be extended by reason of any absence, which exceeds fifteen (15) working days that may occur during the probationary period in an amount of time equal to the length of the absence.
d. Probationary period can be extended for up to a maximum of twelve (12) weeks by the appointing authority.
e. A probationary employee may be extended or released from his/her position at the discretion of the appointing authori ty at any time during the probationary period with no right of appeal or grievance.
f. Any regular employee who is promoted and subsequently released from the new job classification while serving the probationary period shall be reinstated to the job classification from which promoted where regular status was held or to a comparable position, unless the reason for release would be just cause for dismissal.
10.2 TRANSFERS
a. When openings occur in a particular job assignment, regular employees who are in a classification at the same salary range of the vacant position may request to be transferred to that assignment. A vacancy or vacancies resulting from the transfer(s) herein may not be subject to this procedure. The requests for transfer shall not be arbitrarily or capriciously denied. Transfers shall be made on the basis of the most qualified applicant. Where two (2) or more employees request transfers and their qualifications are not significantly different, the senior employee will be given the transfer.
All employees requesting a transfer will receive an approved or denied letter following each transfer opportunity that falls into the category of the request. b. For an employee to be considered for transfer under this section a written transfer request, on a form provided by the Agency, must be filed with the Human Resources Department. Such transfer request shall be valid through December 31 of each calendar year.
c. The Agency will maintain a transfer request list. The Agency will provide the transfer list to the Union upon request.
38 d. An employee shall be given ten (10) working days notice prior to a permanent involuntary transfer and will not serve a new probationary period. Temporary involuntary transfers due to emergency situations and/or business necessity shall not be subject to the ten (10) day notice requirement. The Agency will not intentionally use temporary involuntary transfers to circumvent the notice requirement.
10.3 PROMOTIONS – REGULAR EMPLOYEES
a. Promotional examinations are open to all regular employees who meet the basic qualifications for the higher position. Any employee, upon promotion shall be entitled to receive in the position to which he/she is promoted, the rate of compensation next higher than that received by him/her prior to this pro motion; provided that the amount of such increase shall be at least equal to one full in-grade salary step, but in no case shall the new rate exceed the maximum rate of the higher classification. b. All job examination announcements shall be posted on the bul letin boards as specified in Section 3.6 at least ten (10) working days prior to the closing of the filing period. Job announcements may be posted for less than ten (10) working days with the written consent of the Union.
c. Where an employee of the Agency a pplies for a promotional position within the Agency and does not meet the minimum qualifications of the higher classification, such employee shall be notified in writing which minimum qualification(s) were not met within three (3) working days of the end o f the posting period or five (5) working days prior to the interview process.
d. Within any job examination process, all employees who meet the minimum qualifications of a higher job classification covered by this Agreement shall be eligible for the job -related examination process. The Agency agrees that the Human Resources Manager shall oversee the administration of the promotional examination process by conducting employee recruitment, application testing and certification, and it is his/her responsibility to insure that the process is properly conducted. The current top five (5) names on the eligible list from the most recent examination process shall be granted interviews for each vacancy in said higher job classification. The promotion shall be given to the most qualified candidate without regard to relative position on the list. If two (2) or more candidates are equally qualified, seniority shall be the determining factor in the promotion.
10.4 DEMOTIONS
An employee who is demoted voluntarily or involu ntarily to a classification with a lower salary range shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to demotion providing there is no increase in pay.
10.5 TRANSITION
Upon approval of the Executive Director or his/her designee, any part -time or limited-term employee holding regular status may be considered for appointment to a
39 regular position. Qualifying employees shall be subject to a performance appraisal or interview to determin e ranking. Where performance of two (2) or more qualifying employees is equally satisfactory, the employee having the most Agency service shall be selected. Regular status shall be granted without further examination. Such appointment may be made only t o an entry -level classification covered by this Agreement, or to the employee's current classification where such classification is within a flexibly staffed classification series.
10.6 DISCIPLINARY ACTION
a. Employees shall be disciplined only for just cause . Disciplinary action or measures may include the following:
(1) Written reprimand
(2) Suspension
(3) Reduction within salary range
(4) Demotion
(5) Discharge
b. A letter of reprimand shall not be arbitratable. An employee may have an administrative review of the reprimand by submitting a request in writing, to the Executive Director or designee, within fourteen (14) days after receipt of the letter. c. Discharge for cause – No warning notice or other disciplinary action is required prior to termination for theft of money, working under the influence of alcohol or drugs, gross insubordination or acts of violence, abusive or reckless conduct which threatens or endangers the health or safety of other persons. d. A written reprimand and any written rebuttal submitted by the employee shall be removed from an employee's personnel files if the employee has worked for a two (2) consecutive year period subsequent to receipt of the written reprimand without receipt of any additional disciplinary action as listed under Section 10.4(a).
10.7 IN-LIEU DISCIPLINE
By mutual agreement between the appointing authority or designee and the employee, an employee suspended from duty without pay may forfeit accumulated holiday, compensating time off, and/or vacation credits equal to the number of hours of suspension in lieu of such suspension. If the suspension is reduced or reversed at the conclusion of the grievance process, the Agency shall reinstate the forfeited credits.
This provision shall not be subject to the grievance procedure.
40 10.8 CITIZENS COMPLAINT
a. The Agency agrees not to take any disciplinary action against any employee under Section 10. 6 of this Agreement based upon a complaint from a tenant or other member of the public unless and until such complaint is reduced to writing and signed by the complainant. Such written complaint shall specifically allege what acts by an employee are complained of.
b. If a tenant or other member of the public files a written complaint with the Agency complaining of the actions of any employee, the Agency shall pro vide a copy of a complaint to the employee and shall afford an opportunity for a written reply by the employee to the matter complained of in such complaint. The complaint, the employee's reply, and any Agency action based on the complaint, shall become a part of the employee's personnel file.
10.9 EMPLOYEE PERSONNEL RECORDS
a. Employee personnel records shall be subject to inspection only by the employee concerned and authorized Agency personnel except as otherwise provided by law. Upon notification and approval of the employee's supervisor, an employee shall be entitled to make an appointment for and review his/her personnel records at the Human Resources Department for a reasonable time during regular hours. Upon proper request, such permission shall not be unreasonably withheld. No persons shall be allowed, other than those stated in this Section, to inspect an employee's personnel record without the express written authorization of the employee. b. The employee's signing of any detrimental or adverse docum ent or materials to be placed in the employee's personnel record will not indicate an agreement by the employee as to the contents of the document or materials. Such signing does indicate the employee has had an opportunity to review the detrimental or adverse document or material.
However, the employee may submit a written rebuttal to be placed in his/her personnel record and attached to the detrimental or adverse document or material. The rebuttal shall remain a part of the detrimental or adverse docume nt or material for as long as the document remains in the employee's personnel record.
Rebuttals submitted by employees that contain profanity, discourteous, or defaming language toward the supervisor and/or Agency or that do not address the subject matter shall not be allowed and will be returned to the employee with an explanation. c. An employee shall be provided with a copy of a performance appraisal, disciplinary letter, any adverse/detrimental document, or letter of commendation within seven (7) calendar days after the employee makes a written request for a copy of such document.
41 10.10 EMPLOYEE PERFORMANCE EVALUATIONS
a. Each Agency department shall have the right to conduct employee performance appraisals on a department -wide basis for all employees at the discretion of the appointing authority.
b. Probationary employees shall receive no less than two (2) performance evaluations, at reasonable intervals, during the probationary period. c. A regular employee who is rated as needs improvement or unsatisfactory on h is/her performance evaluation may, within fourteen (14) calendar days from the date of the performance evaluation, informally appeal to his/her supervisor. d. Appeals on employee performance evaluations are not subject to the grievance procedure. Employees m ay submit a written rebuttal to a performance evaluation in accordance with Section 10.9b. of the MOU. e. Employees not on probation who have not reached the top step of the pay scale shall be evaluated no less than once a year. In the event the evaluation i s not performed, it is understood that the employee’s performance is satisfactory and shall automatically receive a salary step increase effective on the salary anniversary date.
42 ARTICLE 11 – SENIORITY AND LAYOFF
11.1 SENIORITY DEFINITIONS AND CLASSIFICATION TERMINOLOGY a. Agency Service Seniority : Agency service seniority shall be defined as the period of continuous service from the effective date of hire to any limited -term, part- time or full-time position.
(1) If two (2) or more regular employees have the sam e seniority date the Agency shall flip a coin to determine the more senior employee.
The Agency shall ask one of the employees to call heads or tails and the outcome of the call shall determine the more senior employee.
(2) A part-time employee’s time shall b e pro-rated to establish Agency or classification seniority. For example, a full -time and part -time employee hired on the same date, and have both worked for three (3) continuous years, the full -time employee working forty (40) hours per week will have ac crued three (3) years of seniority and the part -time employee working twenty (20) hours per week will have accrued one and one-half (1-1/2) years of seniority. b. Classification Seniority: Classification seniority shall apply only to regular employees and sh all be defined as the length of continuous regular service from the effective date of probationary appointment to the employee's present job classification including any time spent in a higher classification less any time spent in a lower job classification due to a downgrade.
c. Higher Classification: Higher classification shall mean a job classification in which the top rate of pay (Top Step) is greater than the top rate of pay (Top Step ) of the employee's present job classification.
d. Downgrade: Downgrade shall mean a job classification in which the top rate of pay (Top Step ) is lower than the top rate of pay (Top Step) of the employee’s present job classification.
e. Continuous Regular Service : Continuous regular service shall mean regular service without a break in service of more than thirty (30) calendar days. The effective date of appointment shall be recalculated to the new date after a break of thirty (30) or more calendar days.
f. Break In Service : Break in service shall mean an unpaid absence which exceeds thirty (30) or more calendar days.
g. Loss of Seniority: An employee’s seniority shall be terminated and his/her rights under this agreement shall be forfeited for the following reasons:
(1) Termination, resignation, or retirement
43 (2) Failure to return to work when recalled from layoff as set forth in the recall procedure in Section 11.3(g)
(3) Failure to return to work after expiration of a formal leave of absence
(4) Layoff for two (2) continuous years
h. The Agency shall prepare, maintain, and post a seniority list whi ch shall show the names, classification, classification seniority date and Agency service seniority date of all employees covered by the Agreement. The Union shall be given one (1) copy of the list within thirty (30) calendar days after the effective date of this Agreement, and thereafter a current list every six (6) months.
i. These lists shall be deemed correct as to an employee's seniority unless the employee or the Union notifies the Agency to the contrary in writing within ten (10) working days after a l ist is given to the Union and posted by the Agency on the bulletin boards as specified in Section 3.6. This section shall be posted at the top of the seniority list.
11.2 LAYOFF, REDUCED WORK SCHEDULE, BUMPING, AND REGRESSION
LADDER DEFINITIONS
a. Layoff: A layoff shall be defined as the dismissal of at least one employee due to lack of work, lack of funds, or abolishment of position. b. Reduced Work Schedule: Reduced work schedules shall be defined as schedules that are reduced for a period of up to three (3) days per month, but not more than thirty-six (36) days in a twelve month period. Work schedules may be reduced in hours up to but not more than twenty -four (24) hours per month for a period of up to twelve (12) months due to lack of work, lack of funds, abolishment or reclassification of positions.
c. Bumping: An employee laid off pursuant to section 11.2 may bump an employee with less seniority within the classification regression ladder. To bump a less senior employee the bumping employee must be qualifi ed to perform the functions of the classification.
d. Regression Ladder : A regression ladder shall be defined as a classification series through which a more senior employee may bump a less senior employee. The regression ladders are as set forth in Exhibit B. Any new classifications shall be added to applicable regression ladders at the time they are created.
44 11.3 REDUCED WORK SCHEDULE AND PERMANENT LAYOFF PROCEDURE a. This Section provides the procedure to be followed when an employee(s) is to be placed on a reduced work schedule or permanently laid off. The Agency shall determine the timing of the event, the number of employees affected, and in which classification(s) the event will occur.
b. Notice of Layoff In the event of reduced work schedule or layoff, t he Agency shall first provide a list of the affected classifications and employee(s) to the AFSCME President at least forty-five (45) days prior to the event. All affected employees shall be notified at least fourteen (14) days prior to the effective dat e of the event..
All affected employee(s) shall be notified of the pending event by certified mail, return receipt requested. Such notice shall be mailed to the employee’s address currently on file in the Human Resources Department and shall be deemed app ropriate notice.
c. Procedure: This section provides the procedure to be followed when an employee(s) is placed on a reduced work schedule or permanently laid off. (1) Reduced Work Schedule : In the event the Agency implements a reduced work schedule the Agency s hall determine which classifications or departments will be affected. In the event all the employees are not affected the Agency shall reduce the work schedules of the least senior employees first in each classification affected, second by least Agency se niority, unless more senior employee(s) volunteer. More senior employees affected by reduced work schedules may bump less senior employees in other departments.
(2) Permanent Layoffs: Employees with the least seniority shall be laid off first. Seniority sha ll apply as follows: first classification seniority, second Agency seniority. Employees shall be laid off within each classification in the following order:
1st Limited-Term – Probationary
2nd Regular Part-Time Probationary
3rd Regular Full-Time Probationary
4th Limited Term
5th Regular Part-Time
6th Regular Full-Time
45 (3) Bumping: Within a job classification, any employee with regular status who is to be laid off shall have the right to bump, in descending order, to job classifications within his/her reg ression ladder, if any, provided that the employee meets the qualifications of the lower classification and can bump an employee in the lower classification as follows:
1st Limited-term employee with the least Agency service seniority
2nd Part-time employe e with the least Agency service
seniority
3rd Employee with probationary status with the least
classification seniority
4th Regular employee with the least
classification seniority, provided the bumping
employee has greater Agency seniority
Employees who d o not wish to bump down or are unable to bump to another or lower classification or are not qualified to perform the functions of the lower classification shall be laid off. (4) Probationary Employee : Any probationary employee who is affected by a layoff or d isplaced by a bumping employee shall return to the former job classification where the employee held regular status, if the employee is eligible to bump a less senior employee. If a probationary employee did not hold regular status in another job classifi cation, he/she will be laid off without right of recall.
(5) In-Lieu of Bumping : An employee may accept layoff in lieu of the opportunity to bump by notifying the Human Resources Department within three (3) working days of receiving notice of layoff. Where the employee accepts a layoff in lieu of a bumping, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
(6) Salary in Event of Bumping : An employee who bumps down to a lower classification pursuant to this Article shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to bumping provided there is no increase in pay.
46 (7) Fringe Benefits : Employees laid off shall be paid vacation and other benefits pursuant to this Agreement. Employees being recalled shall have their sick leave restored.
11.4 RECALL
This section shall be followed when an employee(s) is called back to work or returned back to the classification they were laid off or bumped from. a. All bumped or laid off employees shall be put on a recall list. The recall list shall remain in effect for a period of two (2) years. Bumped or laid off employees shall be recalled in inverse order of the bump or layoff. b. When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on Human Resources Department records unless a more recent address has been furnished in wr iting by the employee.
c. This recall notice shall be by certified mail, return receipt requested, and the employee shall have fourteen (14) calendar days to report to work from the date of receipt of the recall notice. If said employee fails to report to w ork within fourteen (14) calendar days, he/she will lose all recall rights. An employee who has been bumped or laid off shall be required to meet the qualifications of the classification to which he/she is recalled.
If an employee notifies the Agency with in the fourteen (14) calendar days that they need an extension to report to work, the Agency may grant up to fourteen (14) additional calendar days.
d. The Agency shall only be obligated to recall eligible laid -off or bumped employees who held regular status to regular position openings. The Agency shall offer part-time or limited -term employment (not recall) to eligible laid -off or bumped employees who held regular status, but if such employee(s) accepts or refuses such employment offer there shall be no eff ect on the original duration of the two (2) consecutive year recall period. The Agency shall not be obligated to offer employment or recall any employee(s) to any temporary position.
e. An employee recalled to their previous classification shall be assigned at the same step previously held. If their current wage is higher than their previous step they shall be assigned to the next higher step.
f. Regular employees who were laid off because they did not wish to bump down or were unable to bump to another or lowe r classification or who were not qualified to perform the functions of the classification shall only have recall rights to the classification they were laid off from.
47 11.5 EMPLOYEES NOT COVERED BY THIS AGREEMENT
a. Where an employee holds status in a job cla ssification not covered by this Agreement, and is laid off from that job classification, such employee shall be entitled to bump to a job classification covered by this Agreement in accordance with Section
11.3(c)(3) of this Article, provided such employee held regular status in such bargaining unit job classification not more than two (2) years prior to the effective date of the layoff.
Such employee shall be paid in the new classification the salary range step closest to the monthly pay rate received imm ediately prior to being bumped, provided there is no increase in pay.
b. When an employee is demoted to a classification in the Unit, provided there is a vacancy and the employee is qualified, the salary shall be established in accordance with Section 11.5 (a).
48 ARTICLE 12 – REIMBURSEMENTS
12.1 TUITION REIMBURSEMENT
Employees with regular status shall be eligible for tuition reimbursement up to the IRS maximum, $ 5,250 per calendar year for coursework related to their employment with the Agency or towa rd a recognized degree program approved by the Human Resources Director. Such reimbursement shall be applicable for the actual cost of the tuition of the course, books and mandatory fees, excluding parking. Reimbursement shall be made only for coursework completed at accredited high schools, colleges, universities, and correspondence schools. Employees must receive Agency approval of the coursework prior to the start of such course and must receive a grade of "C" or its numerical equivalent or better to be eligible for the tuition reimbursement.
12.2 REGIONAL TRANSIT MONTHLY PASS
Probationary, regular, and limited -term employees who utilize the Sacramento Regional Transit District (SRTD) for home -to-work transportation are eligible to receive a hundred percent (100%) discount on the cost of a SRTD monthly pass to a maximum of $100. Employees who utilize other transit systems regulated by the Public Utilities Commission or Interstate Commerce Commission shall receive reimbursement of one hundred percent (1 00%) of the cost of the pass to a maximum of $100. Employees must submit their claim for the hundred percent (100%) reimbursement no later than the tenth (10th) calendar day of the month for which the pass is valid to be eligible for the reimbursement.
12.3 DOWNTOWN PARKING SUBSIDY
Full-time regular and limited-term employees who are assigned to the downtown area are eligible to receive a $175 per month parking subsidy provided that:
a. The employee does not receive reimbursement for Sacramento Regional Transit or other bus or mass transit transportation for the same month. b. The employee is not provided free parking.
49 ARTICLE 13 – SAFETY AND UNIFORMS
13.1 SAFETY
a. The Agency agrees to provide for the safety of the employees during the hours of their employm ent. In this regard, the Agency agrees that it will receive and consider written recommendations with respect to unsafe working conditions or other safety ideas in the area of working conditions from any employee or from the Union.
The employees and the Union agree that they will direct their safety recommendations and ideas to the Agency. The SHRA Joint Safety Committee consisting of representatives of the Agency and the Union shall meet every three (3) months, or whenever necessary, to consult on such safety matters. Up to three (3) Union representatives may attend such meetings without loss of pay or benefits. b. The Agency shall take all reasonable and required precautions to provide for the safety of its employees during hours of their employment.
13.2 SAFETY GLASSES
a. It shall be mandatory for employees to wear safety glasses where such glasses are required to be worn by the Agency. Employees who wear prescription glasses shall be required to wear protective eyewear supplied by the Agency or prescription safety glasses. The Agency shall provide non -prescription safety glasses for employees.
b. Employees are free to purchase prescription safety glasses from any source the employee chooses. The Agency will reimburse the employee for the purchase of prescrip tion safety glasses up to a maximum cost of $ 250 for one pair of glasses every two (2) years.
c. To be eligible for the above reimbursement, the employee must obtain prior authorization from his/her supervisor before purchasing the required safety glasses, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. The Agency maintains the right to specify the standards for non-prescription safety glasses. Further, prescription safety glasses shall conform in al l respects to the U.S.A. Safety Standards for Head, Eye and Respiratory Protection, and the prescription shall not be more than twenty-four (24) months old. d. The cost of any eye examination and special or cosmetic frames shall be paid by the employee.
13.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES
a. The Agency agrees to repair or replace prescription safety glasses damaged or destroyed while the employee is actively at work provided that the employee furnishes satisfactory proof to the Agency of such loss.
50 b. The pre scription shall not be more than twenty -four (24) months old to qualify for reimbursement under this Article. All costs to update the prescription shall be borne by the employee.
13.4 SAFETY SHOES
a. Where the Agency requires that safety shoes be worn by emp loyees as a condition of employment, the Agency shall reimburse said employees for the cost of an acceptable safety shoe up to a maximum of $250 per pair (including insoles), each calendar year. To be eligible for this reimbursement, the employee must obt ain prior authorization from his/her supervisor before purchasing safety shoes and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. b. Employees, including but not limited to the following classifications of Maintenance Specialist, Maintenance Lead, Maintenance Technician, Maintenance Worker, Resident Trainee Program Lead, and Semi -Skilled Laborer shall be eligible for safety shoe reimbursement.
c. The Agency maintains the right to specify the type of required safe ty shoe and to require employees in other classifications to wear safety shoes.
13.5 UNIFORM CHANGES
Where the Agency requires that uniforms be worn, the Agency agrees to provide five (5) pant changes per week and five (5) shirt changes per week for employ ees in the Operations and Maintenance Unit. The Mail/Photocopy Services Clerk shall be provided five (5) pant and five (5) shirt changes per week.
51 ARTICLE 14 – MISCELLANEOUS
14.1 DISCRIMINATION CLAUSE
The Agency agrees to maintain a non-discrimination policy that forbids discrimination and/or harassment based on any protected category pursuant to the title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, political affiliation and/or, Union membership or activity.
14.2 SAVING CLAUSE
If any parts of the Agreement are found to be illegal, such illegality shall not in any way invalidate any other parts of this Agreement.
14.3 STRIKES AND LOCKOUTS
For the duration of this Agreement the Union and its members agree that it shal l not call, sanction or engage in any strike, slowdown, suspension or stoppage of work activity, and the Agency agrees that it shall not cause or engage in any lockout.
14.4 CLASSIFICATION STRUCTURE CHANGES
The Agency agrees to advise the Union in writing at least thirty (30) days prior to the implementation of any change in the employer's existing classification structure affecting classifications represented by the Union.
14.5 CONTRACTING-OUT
a. The Agency shall not contract out for goods and services perfor med by bargaining unit employees which will result in any career employee being laid off without prior consultation with the Union concerning the impact on the terms and conditions of employment of employees covered by this Agreement.
b. Any layoffs resulting from the Agency's action shall be made pursuant to the layoff provisions of this Agreement. The Agency will request that a contractor performing any services contracted out pursuant to provision a. consider hiring any employees laid off as a result of the contracting out.
14.6 DRIVER LICENSE AND INSURABILITY
a. An employee who is authorized or required to drive an Agency vehicle or personal vehicle in the course of his/her employment shall be required as a condition of employment to maintain the required driver license for the vehicle utilized on the job and the minimum insurance on the personal vehicle which is required by State law. b. In addition, an employee who is authorized or required to drive an Agency vehicle in the course of his/her employment shall mai ntain a safe driving record such that no assigned risk or other insurability penalties are applied to the Agency's insurance rates. Failure to do so will necessitate that the employee provide their personal vehicle for use on the job where possible, and i n other instances, may result in disciplinary action and/or the employee payment of the increased insurance charges.
52 c. The employee shall notify his/her supervisor of the loss, suspension, or cancellation of his/her drivers license on the first working day following such loss.
14.7 JOINT LABOR/MANAGEMENT COMMITTEE
To facilitate communications between the parties and to promote a climate conducive to constructive employee relations, a joint Labor/Management Committee shall be established. The responsibility of the Committee will consist of labor relations matters not covered by this agreement including affirmative action and safety issues. Employee members shall suffer no loss of compensation during official meetings of the Labor/Management Committee.
Ground Rules shall be established prior to the first meeting and the agreed upon rules shall govern all proceeding meetings.
14.8 Retiree Health Insurance Continuation Program
The Agency’s Employee/Annuitants Health Insurance Contribution Program for employees hired on or after January 1, 2023 shall include the following to the extent allowed by CalPERS Health Rules and Legal Requirements:
a. The Agency has adopted the Retiree Medical Vesting Schedule pursuant to Government Code Section 22893 to apply only to employees first employed on or after January 1, 2023.
b. Employees hired on or before December 31, 2022 will be allowed to opt into the new vesting schedule only once during the initial enrollment period in 2022. c. The vesting schedule will match the vesting formula set for state employees and it will establish a requirement of PERS service credit which an employee must meet in order to receive the employer contribution based on the following table:
Credited Years of PERS
Service
Percentage of Employer
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
53 d. The retiree medical benefits of all employees first employed after January 1, 2023, shall be as set forth in Government Code Section 22893, and as such may be modified by future legislative action.
e. All additional CALPERS Health eligibility requirements shall be included in this program.
14.9 TERM
a. This Agreement shall remain in full force and effect upon approval by the Sacramento City Council and Sacramento Board of Supervisors from July 1, 2022 through December 31, 2024.
b. .
c. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided.
54 AFSCME LOCAL #146 SACRAMENTO HOUSING AND
Negotiating Committee REDEVELOPMENT AGENCY
____________________________ ___________________________ Wendy Pelletier Tracy Knighton
Chief Negotiator Chief Negotiator
____________________________
Jennifer Caldwell James Shields
President/Chief Negotiator Deputy Executive Director
55 56
ATTACHMENT 1 – SALARY SCHEDULE
Sacramento Housing and Redevelopment Agency
FOR CURRENT SALARY INFORMATION VISIT:
http://agency.governmentjobs.com/shra/default.cfm?action=agencyspecs
57 ATTACHMENT 2 – REGRESSION LADDERS
AFSCME
For employees holding regular status in the below -listed classifications, the regression is as listed within each section:
1. Accounting Technician
Account Clerk
Office Assistant
2. Office Technician
Office Assistant
3. Housing Assistant*
4. Maintenance Specialist
Maintenance Worker
5. Resident Services Technician
Housing Assistant*
The following classifications do not have a regression ladder:
Customer Service Representative
Clerical Assistant
Facilities Coordinator
Maintenance Coordinator
Maintenance Worker Apprentice
Resident Trainee Program Lead
*Agency service seniority must be utilized to downgrade into these classifications.
RESOLUTION NO. 2022 –
Adopted by the Sacramento City Council
on date of
APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY AND THE
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY EMPLOYEE
ASSOCIATION (SHRAEA), APPROVAL OF MEMORANDUM OF UNDERSTANDING
BETWEEN THE SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY AND
AMERICAN FEDERATION OF LOCAL, COUNTY, STATE AND MUNICIPAL EMPLOYEES (AFSCME): APPROVAL OF AGENCY-WIDE SALARY SCHEDULE
BACKGROUND
A. The 2020-2022 labor agreement between the Sacramento Housing and Redevelopment Agency and the Sacramento Housing and Redevelopment Agency Employee Association (SHRAEA) expires on December 31, 2022.
Contract negotiations with SHRAEA began in March 2022. A tentative agreement for a two and one half (2.5) year contract was reached with SHRAEA, and the Agency was notified by business representatives of SHRAEA that a ratification meeting was held on April 13, 2022 and that the members have successfully ratified the terms of the MOU.
B. The 2020-2022 labor agreements between the Sacramento Housing and Redevelopment Agency and the American Federation of Local, County, State Municipal Employees (AFSCME) expires on December 31, 2022. Contract negotiations with AFSCME began in March 2022. A tentative agreement for a two and one half (2.5) year contract was reached with AFSCME, and the Agency was notified by business representatives of AFSCME that a ratification meeting was held on April 26, 2022, and that the members have successfully ratified the terms of the MOUs.
C. The California Code of Regulations requires that the City Council adopt the Sacramento Housing and Redevelopment Agency’s (SHRA) salary schedule at a public meeting (2 CCR § 570.50). This obligation arises whenever salary ranges are changed.
D. These publicly adopted rates are used by California Public Employees’ Retirement System (CalPERS) to determine the appropriate compensation earnable for each SHRA employee when calculating their pension benefit.
E. The Agency-Wide Salary Schedule attached to this Resolution as Exhibit C are posted to ensure that salary ranges are transparent and publicly available.
F. The proposed action consists of governmental fiscal activities which do not involve a commitment to any specific project, and as such, does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 (b)(4) and there is no federal involvement associated with this action; therefore, the National Environmental Policy Act (NEPA) does not apply.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. All evidence presented having been duly considered, the findings, including environmental findings regarding this action as stated above are approved.
Section 2. The MOU with SHREA attached to this Resolution as Exhibit A is approved.
Section 3. The MOU with AFSCME attached to this Resolution as Exhibit B is approved.
Section 4. The Agency-Wide Salary Schedule attached to this Resolution as Exhibit C is approved.
Section 5. The Executive Director, or her designee, is authorized to make minor changes or adjustments to exhibits in order to correct omissions and errors.
Section 6. The Executive Director is authorized to amend the FY2021/22 Approved Budget as necessary to implement the terms of this agreement.
Table of Contents
Exhibit A - MOU with SHRAEA
Exhibit B - MOU with AFSCME
Exhibit C - Agency-Wide Salary Schedule for Unrepresented and Represented Classifications
RESOLUTION NO. 2022 –
Adopted by the Housing Authority of the City of Sacramento
on date of
APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY AND THE
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY EMPLOYEE
ASSOCIATION (SHRAEA); APPROVAL OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE SACRAMENTO HOUSING AND
REDEVELOPMENT AGENCY AND AMERICAN FEDERATION OF LOCAL, COUNTY,
STATE AND MUNICIPAL EMPLOYEES (AFSCME), APPROVAL OF AGENCY-WIDE
SALARY SCHEDULE
BACKGROUND
A. The 2020-2022 labor agreement between the Sacramento Housing and Redevelopment Agency and the Sacramento Housing and Redevelopment Agency Employee Association (SHRAEA) expires on December 31, 2022.
Contract negotiations with SHRAEA began in March 2022. A tentative agreement for a two and one half (2.5) year contract was reached with SHRAEA, and the Agency was notified by business representatives of SHRAEA that a ratification meeting was held on April 13, 2022 and that the members have successfully ratified the terms of the MOU.
B. The 2020-2022 labor agreements between the Sacramento Housing and Redevelopment Agency and the American Federation of Local, County, State Municipal Employees (AFSCME) expires on December 31, 2022. Contract negotiations with AFSCME began in March 2022. A tentative agreement for a two and one half (2.5) year contract was reached with AFSCME, and the Agency was notified by business representatives of AFSCME that a ratification meeting was held on April 26, 2022, and that the members have successfully ratified the terms of the MOUs.
C. The California Code of Regulations requires that the City Council adopt the Sacramento Housing and Redevelopment Agency’s (SHRA) salary schedule at a public meeting (2 CCR § 570.50). This obligation arises whenever salary ranges are changed.
D. These publicly adopted rates are used by California Public Employees’ Retirement System (CalPERS) to determine the appropriate compensation earnable for each SHRA employee when calculating their pension benefit.
E. The Agency-Wide Salary Schedule is attached to this Resolution as Exhibit C are posted to ensure that salary ranges are transparent and publicly available.
F. The proposed action consists of governmental fiscal activities which do not involve a commitment to any specific project, and as such, does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 (b)(4) and there is no federal involvement associated with this action; therefore, the National Environmental Policy Act (NEPA) does not apply.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE HOUSING AUTHORITY OF THE CITY OF SACRAMENTO RESOLVES AS FOLLOWS:
Section 1. All evidence presented having been duly considered, the findings, including environmental findings regarding this action as stated above are approved.
Section 2. The MOU with SHREA attached to this Resolution as Exhibit A is approved.
Section 3. The MOU with AFSCME attached to this Resolution as Exhibit B is approved.
Section 4. The Agency-Wide Salary Schedule attached to this Resolution as Exhibit C is approved.
Section 5. The Executive Director, or her designee, is authorized to make minor changes or adjustments to exhibits in order to correct omissions and errors.
Section 6. The Executive Director is authorized to amend the FY2021/22 Approved Budget as necessary to implement the terms of this agreement.
Table of Contents
Exhibit A – MOU with SHRAEA
Exhibit B – MOU with AFSCME
Exhibit C – The Agency -Wide Salary Schedule for Unrepresented and Represented Classifications
Exhibit A
AGREEMENT BETWEEN
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY
EMPLOYEES ASSOCIATION
AND
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY
July 1, 2022 – December 31, 2024
PREAMBLE ................................................................................................................................................................ 6 ARTICLE 1 – ENTIRE AGREEMENT .................................................................................................................... 7
1.1 ENTIRE AGREEMENT ................................................................................................................................ 7 ARTICLE 2 – RIGHTS OF MANAGEMENT ......................................................................................................... 8
2.1 RIGHTS OF MANAGEMENT ..................................................................................................................... 8 ARTICLE 3 – ASSOCIATION RIGHTS .................................................................................................................. 9
3.1 ASSOCIATION RECOGNITION ................................................................................................................. 9
3.2 PAYROLL DEDUCTIONS ......................................................................................................................... 10
3.3 AGENCY SHOP .......................................................................................................................................... 12
3.4 ASSOCIATION STEWARDS AND ASSOCIATION REPRESENTATION ............................................ 14
3.5 ASSOCIATION BUSINESS ....................................................................................................................... 15
3.6 ASSOCIATION LEAVE ............................................................................................................................. 15
3.7 BULLETIN BOARDS ................................................................................................................................. 16
3.8 USE OF FACILITIES .................................................................................................................................. 16 ARTICLE 4 – GRIEVANCE AND ARBITRATION PROCEDURE................................................................... 17
4.1 DEFINITION ............................................................................................................................................... 17
4.2 INTENT ....................................................................................................................................................... 17
4.3 PROCEDURE.............................................................................................................................................. 17
4.4 GRIEVANCE TIMELINES AND LIMITATIONS ..................................................................................... 17
4.5 INFORMAL GRIEVANCE ......................................................................................................................... 17
4.6 FORMAL GRIEVANCE - STEP 1 .............................................................................................................. 18
4.7 FORMAL GRIEVANCE - STEP 2 .............................................................................................................. 18
4.8 FORMAL GRIEVANCE - ARBITRATION ............................................................................................... 18 ARTICLE 5 – SALARIES ........................................................................................................................................ 20
5.1 WAGE AND SALARY ADJUSTMENTS .................................................................................................. 20
5.2 SALARY STEP INCREASE AND FLEX STAFFING ADVANCEMENT ................................................ 20
5.3 Y-RATE....................................................................................................................................................... 20 ARTICLE 6 – EMPLOYEE BENEFITS ................................................................................................................. 21
6.1 HEALTH INSURANCE .............................................................................................................................. 21
6.2 LIFE INSURANCE ..................................................................................................................................... 22
6.3 HEALTH INSURANCE PREMIUM ADVANCE ...................................................................................... 22
6.4 RETIREMENT PLAN AND CONTRIBUTION ......................................................................................... 23
6.5 CASH OUT AND/OR CREDIT FOR UNUSED SICK LEAVE ................................................................. 23
6.6 FLEXIBLE SPENDING ACCOUNTS ........................................................................................................ 23
6.7 OTHER EMPLOYEE BENEFITS ............................................................................................................... 24
6.8 STATE DISABILITY INSURANCE .......................................................................................................... 24 ARTICLE 7 – HOURS OF WORK AND OVERTIME ......................................................................................... 25
7.1 HOURS OF WORK ..................................................................................................................................... 25
7.2 OVERTIME ................................................................................................................................................. 25
7.3 COMPENSATORY TIME OFF (CTO) ....................................................................................................... 25
7.4 PART-TIME EMPLOYMENT .................................................................................................................... 26 ARTICLE 8 – HOLIDAYS AND LEAVES ............................................................................................................ 27
8.1 HOLIDAYS ................................................................................................................................................. 27
8.2 ANNUAL LEAVE....................................................................................................................................... 28
8.3 SICK LEAVE .............................................................................................................................................. 29
8.4 COURT LEAVE/JURY DUTY ................................................................................................................... 30
8.5 LEAVES OF ABSENCE WITHOUT PAY ................................................................................................. 30
8.6 PARENTAL LEAVE ................................................................................................................................... 32
8.7 CATASTROPHIC LEAVE ......................................................................................................................... 33
8.8 AGENCY CLOSURES ............................................................................................................................... 33 ARTICLE 9 – SPECIAL ALLOWANCES ............................................................................................................. 35
9.1 CALL-IN PAY ............................................................................................................................................ 35
9.2 NIGHT-SHIFT DIFFERENTIAL ................................................................................................................ 35
9.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION ...................................................................... 35
9.4 LONGEVITY PAY ..................................................................................................................................... 36
9.5 BILINGUAL PAY ....................................................................................................................................... 36 ARTICLE 10 – PERSONNEL ACTIONS ............................................................................................................... 37
10.1 PROBATIONARY PERIOD FOR NEW HIRES, TRANSFERS, PROMOTIONS OR PROBATIONARY EMPLOYEES ASSIGNED TO FILL A VACANCY .............................................................................................. 37
10.2 SELECTION FOR VACANCIES (STEP TO STEP TRANSFER).............................................................. 37
10.3 PROMOTIONS ........................................................................................................................................... 38
10.4 PROMOTIONAL TRANSFERS ................................................................................................................. 38
10.5 TRANSFERS WITHIN CLASSIFICATION .............................................................................................. 39
10.6 INVOLUNTARY TRANSFERS ................................................................................................................. 39
10.7 DEMOTIONS .............................................................................................................................................. 39
10.8 TRANSITION ............................................................................................................................................. 40
10.9 DISCIPLINARY ACTION .......................................................................................................................... 40
10.10 IN-LIEU DISCIPLINE ............................................................................................................................ 41
10.11 CITIZENS COMPLAINT........................................................................................................................ 41
10.12 EMPLOYEE PERSONNEL RECORDS ................................................................................................. 41
10.13 EMPLOYEE PERFORMANCE EVALUATIONS ................................................................................. 42 ARTICLE 11 – SENIORITY AND LAYOFF ......................................................................................................... 43
11.1 SENIORITY AND CLASSIFICATION DEFINITIONS ............................................................................ 43
11.2 LAYOFF, TEMPORARY LAYOFF, REDUCED WORK SCHEDULE, BUMPING AND REGRESSION LADDER DEFINITIONS ....................................................................................................................................... 44
11.3 REDUCED WORK SCHEDULE, TEMPORARY LAYOFF AND PERMANENT LAYOFF PROCEDURE ......................................................................................................................................................... 45
11.4 RECALL ...................................................................................................................................................... 47
11.5 VOLUNTARY WORK FURLOUGH/REDUCED WORKWEEK PROGRAM ........................................ 48
11.6 EMPLOYEES NOT COVERED BY THIS AGREEMENT ........................................................................ 49 ARTICLE 12 – REIMBURSEMENTS .................................................................................................................... 50
12.1 TUITION REIMBURSEMENT .................................................................................................................. 50
12.2 REGIONAL TRANSIT MONTHLY PASS ................................................................................................ 50
12.3 DOWNTOWN PARKING SUBSIDY ......................................................................................................... 50
12.4 MILEAGE REIMBURSEMENT ................................................................................................................ 50 ARTICLE 13 – SAFETY AND UNIFORMS .......................................................................................................... 52
13.1 HEALTH AND SAFETY ............................................................................................................................ 52
13.2 HEALTH AND SAFETY EQUIPMENT .................................................................................................... 52
13.3 UNIFORMS ................................................................................................................................................. 52 ARTICLE 14 – MISCELLANEOUS ....................................................................................................................... 53
14.1 SAVING CLAUSE ...................................................................................................................................... 53
14.2 STRIKES AND LOCKOUTS ...................................................................................................................... 53
14.3 CLASSIFICATION STRUCTURE CHANGES ......................................................................................... 53
14.4 DRIVER LICENSE AND INSURABILITY ............................................................................................... 53
14.5 TELEWORK PROGRAM ........................................................................................................................... 53
14.6 RETIREE HEALTH INSURANCE CONTRIBUTION PROGRAM
…………………………………………………………………………………………………52
14.7 TERM .......................................................................................................................................................... 54 EXHIBIT A – SALARY SCHEDULE ..................................................................................................................... 57 EXHIBIT B – REGRESSION LADDERS .............................................................................................................. 58
PREAMBLE
This Agreement, hereinafter referred to as the Agreement, has been entered into by the SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY OF THE CITY AND COUNTY OF SACRAMENTO, hereinafter referred to as the Agency, and the
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY EMPLOYEES
ASSOCIATION, hereinafter referred to as the Association. These parties have met and conferred in good faith and this resulting Agreement has as its purpose the promotion of harmonious labor relations between the Agency and the Association, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – ENTIRE AGREEMENT
1.1 ENTIRE AGREEMENT
a. This Agreement, upon ratification by the Governing Boards, supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties and concludes negotiations for its term.
b. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of representation and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Agency and the Association, for the duration of this Agreement and any extension, each voluntarily and unqualifiedly waives the right, and each agrees tha t the other shall not be obligated, to negotiate with respect to any subject or matter, whether or not referred to or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
c. This Article shall not be construed so as to prevent the parties from mutually agreeing, in writing, to reopen a provision or provisions in this Agreement, so long as reopened provisions are specified in the parties' mutually reopened agreement and other provisions in this Agreement continue in full force and effect.
ARTICLE 2 – RIGHTS OF MANAGEMENT
2.1 RIGHTS OF MANAGEMENT
The Agency retains all rights not expressly abridged by this Agreement and applicable laws and other regulations, including the grievance procedure herein. These rights shall include, but are not limited to, the exclusive right to: a) direct, supervise, hire, promote, evaluate, suspend, discipline, discharge, transfer, assign, schedule and retain employees; b) dismiss employees due to lack of work, lack of funds, or abolishment of position; c) determine services to be rendered, operations to be performed, utilizatio n of technology, work and productivity standards, and methods of work to be performed; d) determine the mission of the Agency, its organization, the number of employees, appropriate job classifications and all budgetary matters; e) maintain and improve the efficiency and effectiveness of Agency operations; and f) take any necessary actions to carry out its mission in situations of emergency.
ARTICLE 3 – ASSOCIATION RIGHTS
3.1 ASSOCIATION RECOGNITION
a. For the purposes of meeting and conferring with respect to wages, hours, and other terms and conditions of employment, the Agency recognizes the Association as the sole and exclusive bargaining agent for all employees in the Ad ministrative and Technical Unit in the following job classifications, subject to the right of an employee to represent himself/herself as provided in Government Code Section 3502.
Accountant
Accountant Specialist
Assistant Agency Clerk
Buyer
Community Development Analyst – Range 1
Community Development Analyst – Range 2
Community Property Representative
Community Property Representative – On Site
Compliance Analyst I
Compliance Analyst II
Compliance/Procurement Analyst
Construction Engineer
Construction Technician
Contact Center Agent
Community Outreach Liaison
Finance Specialist - Payroll
GIS Analyst
Housing Authority Analyst
Housing Finance Analyst - Range 1
Housing Finance Analyst - Range 2
Housing Finance Analyst - Range 3
Housing Program Specialist
Housing Program Technician I
Housing Program Technician II
Housing Services Coordinator
IT Customer Support Specialist
IT Desktop & Support Analyst
Leasing Agent
Loan Processing Analyst
Loan Servicing Analyst
Principal Accountant
Principal Construction Architect
Principal Construction Technician
Procurement Specialist
Program Lead
Program Technician
Real Estate Analyst
Real Estate Specialist
Relocation Specialist
Regulatory Compliance Analyst
Regulatory Compliance Specialist
Resident Services Specialist
Senior Compliance/ Procurement Analyst
Senior Housing Program Specialist
Sr. Leasing Agent
Sr. Loan Servicing Analyst
b. Employment Status:
The standing of an employee's present appointment. There are the following types of status for employees covered by this Agreement:
Regular: The status of an employee who has been lawfully retained in a classification after completion of a probationary period.
Probationary: The status of an employee who has been appointed to a classification, but who has not completed the required probationary period of fifty-two (52) weeks of continuous service.
Pre-approved time off during the probationary period shall not be considered to be a break in continuous service; however, any absence exceeding ten (10) work days shall extend the probationary period by an equal amount of time.
Part-Time: A position of varying duration, but must be such as to work more than twenty (20) hours and less than forty (40) hours per week.
Limited-Term: The status of an employee hired for a limited duration, up to a maximum of eighteen (18) months, because of seasonal workloads, special projects, or other reason. Such employee must work within one year from each date of employment, at least 1,040 hours during a continuous period of at least six (6) months.
c. The Agency will not utilize limited -term positions to circumvent the establishment of regular positions.
d. The Association will not object to the State Mediation and Conciliation Service or the American Arbitration Association conducting an elec tion pursuant to the Agency's Employer-Employee Relations Policy.
3.2 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions for group insurance plans to which the Agency now is or shall hereafter be a contracting party, the Agency agrees to establish payroll deductions for members of the Association the first two (2) paydays of each month for:
(1) the normal and regular monthly membership dues;
(2) the service fees for non -members as set forth in Section 3.3 of this Agreement;
(3) insurance premiums for plans to which the Agency is not a contracting party, including Association -sponsored disability insurance premiums and automobile insurance premiums; and (4) charitable contributions.
b. All payroll deductions set forth in Section 3.2(a) above shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth in authorization forms approved by the Agency. Such forms shall be those which are currently used. Any changes or modifications shall be agreed upon between the Agency and the Association.
(2) Such deductions shall be made only upon submission to the Human Resources Department of said authorization form duly completed and executed by the employee and the Association.
(3) The Association will be responsible for submitting to the Human Resources Department any changes in the amounts to be payroll deducted from the paychecks of employees who have authorization forms on file with the Agency. Th e Agency may devise a payroll deduction input document for use by the Association.
(4) The Agency must approve, in advance, all payroll deductions made pursuant to Section 3.2(a)(3) and (4). All insurance plans must be approved as being non -competitive and non-duplicative of Agency- offered insurance programs.
(5) The Association agrees to indemnify, defend and hold the Agency, its officers, agents and employees harmless against any claims made, and against any suits instituted against them or any one of them on account of any payroll deduction made pursuant to this Article.
c. The Agency will remit to the Association a check for all the deductions.
d. Solicitation and/or servicing of Association insurance and benefit programs shall not interrupt on-duty employees nor be conducted in any Agency facility without prior approval of the Agency.
3.3 AGENCY SHOP
a. General
As a condition of continued employment, all regular employees who are paid one or more hours salary during a bi-weekly pay period, and all part-time employees who are paid forty (40) or more hours salary during a bi -weekly pay period shall be a member of the Association or pay an agency shop service fee to the Association in an amount determined as set forth in subsection (b) below. b. Service Fee
The service fee required shall be an amount equal to the Association's uniformly-applied standard initiation fee, periodic dues and genera l assessments. In computing such amounts, the Association shall exclude expenditures for members -only benefits and Association expenditures for political and ideological purposes unrelated to collective bargaining, contract administration and grievance ad justment. Any dispute as to the service fee or the amount thereof shall be directed solely to the Association, and the Agency shall not be a party to the dispute.
No employee who is paid for less than one hour of salary during a bi-weekly pay period and no part-time employee who is paid for less than forty (40) hours of salary during a bi-weekly pay period shall be required to pay a service fee under this Section.
Further, no employee shall be required to pay any service fee through their first full calendar month of employment with the Agency.
c. Religious Objection
Any employee otherwise required to pay a service fee under this Section, and who is a member of a bona fide religion, body or se ct which has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of continued employment. Such a n employee shall be required as a condition of continued employment, in lieu of the service fee, to pay a sum equal to the service fee otherwise payable under this Section to a non-religious, non-labor charitable fund exempt from taxation under Internal Re venue Code Section 501(c)(3).
Upon request of the Association, such employee shall be required to submit to the Association proof of payment of the in -lieu-of service fee. For purposes of this Section, such employees shall choose from the following three (3) organizations:
United Way
Firefighters Burn Institute
Children's Receiving Home
Employees claiming a religious exemption shall be required to file a written statement under oath or affirmation with the Association, which identifies the religious organization by name, if any, and which provides in detail that the employee and the organization meet all of the requirements for claiming the religious exemption. d. Disclosure and Reporting
The Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the Agency upon written request and to the employees covered by this Section within sixty (60) days after the end of its fiscal year, a detailed writ ten financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. The Association, if required to file f inancial reports under the Labor -Management Disclosure Act of 1959 covering employees governed by this Agreement, or if required to file financial reports under Section 3546.5 of the Government Code, shall instead provide the Agency with a copy of such financial reports.
e. Hold Harmless
The Association shall promptly refund to the Agency any amounts paid to the Association in error under this Section.
The Association expressly agrees to indemnify and hold the Agency harmless from any and all claims, demands, costs (including any costs incurred by the Agency in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the Agency in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include, but not be limited to, employee legal actions of any sort or nature against the Agency based upon or related to this Section. Further, in the event that the Agency un dertakes disciplinary action against an employee pursuant to this Section, this hold harmless and indemnity agreement shall cover all costs and expenses, including any costs incurred by the Agency in defense of a lawsuit.
f. Change of Law
In the event there is a change in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Section is rendered unlawful by any published appellate court decision, this Section shall be forthwith deemed amended to comply with the change or decision in question.
g. Discipline Procedure
Failure to pay the required service fee under this Section constitutes cause for discharge pursuant to Section 10.8 of this Agreement. However, no employee shall be terminated under this Section unless:
(1) The Association first has notified the employee by letter, explaining that he/she is delinquent in not tendering the required service fee, or payment in lieu of service fee pursuant to subsections (b) and (c) above, specifying the current amount of the delinquency, and warning the employee that unless such service fee, or payment in lieu of service fee, is tendered within thirty (30) calendar days, the employee will be reported to the Agency for termination as provided in this Section; and
(2) The Association has furnished the Agency with written proof that the procedure of subsection (1) above has been followed, or has supplied the Agency with a copy of the letter sent to the employee and notice that he/she has not complied with the request. The Association must further provide, when requesting the Agency to terminate the employee, the following written notice:
"The Association certifies that (employee's name) has failed to tender the agency shop service fee, or payment in lieu of service fee, required as a condition of employment under this Agreement and that under the terms thereof, the Agency shall terminate the employee."
h. Employee Rights
Employees covered by this Agreement shall have all rights specified in Government Code Section 3502.5(b).
3.4 ASSOCIATION STEWARDS AND ASSOCIATION REPRESENTATION a. The Agency recognizes and agrees to deal with the accredited Association stewards and representatives of the Association in all matters relating to grievances and the interpretation of this Agreement.
b. A written list of officers of the Association and the Association stewards with the specific areas they represent, shall be furnished to the Agency immediately after their designation and the Association shall notify the Agency promptly in writing of any changes of such Association officers or stewards.
c. The number of Association stewards shall not exceed four (4). Any change in the number of stewards shall be made by written consent of both parties. d. Upon notification of the Human Resources Manager, or his/her designated representative, a representative of the Association who will be representing the employee in the grievance and arbitration procedure, may visit the Agency at a ny time mutually agreeable to both parties for the purpose of preparing the case for arbitration. e. A representative of the Agency, at its option, may accompany the parties.
In addition, the representatives and the Association President, or his/her designat ed
representative, may privately interview employees, one at a time, in possession of facts relevant to the grievance. The interviews shall be held at a place provided by the Agency and for a reasonable period of time.
f. During any such visits, representati ves shall not in any way interfere with the orderly and efficient operation of the Agency.
g. Notwithstanding the provisions of this Article and Article 4, Grievance and Arbitration Procedure, on all matters relating to grievances and the interpretation of th is Agreement, the Agency shall deal with only the accredited Association stewards and those Association officers elected by the general membership. Further, the provisions of Section 3.4(d) shall apply to only such persons (including a representative of t he Association).
h. Notwithstanding any provision of this Section, in the event the full agency shop becomes effective for the Unit during the term of this Agreement, the Association stewards for the Unit shall have no extensive designated responsibilities an d shall not conduct any Association or representational activities, including grievance handling, on Agency time unless prior approval is expressly granted by Agency management.
3.5 ASSOCIATION BUSINESS
a. An employee who is elected or appointed to the Association office, or is selected for regular employment with the Association, shall be granted a leave of absence upon written request, at least thirty (30) days in advance, from the Agency . The leave shall be without pay for a one -year period or less. Leave of absence for Association business shall count as service time for the purpose of determining seniority. b. Members of the Association Negotiating Committee shall be granted leave from duty with full benefits for the purpose of negotiating the terms of an agreement when such meetings take place at a time during which such members are scheduled to be on duty.
c. An employee who is elected or selected by the Association, upon written request of the President of the Association, may be granted an excused absence without pay for a period of time sufficient to attend to union business , conferences, conventions, or special training schools, subject to the needs of the Agency.
3.6 ASSOCIATION LEAVE
a. The Association shall accrue a leave bank of twelve (12) hours per month , to be used for the purposes of conducting Association business and attending training.
These hours may only be used by Association representatives employed by the Agency.
The hours shall accumulate to a maximum of 160 hours. Accrual shall continue once the hours are below the maximum amount.
b. The hours shall have no cash value and cannot be used for any o ther purpose than allowed under the provisions of this article.
c. The use of Association leave hours shall only be allowed if the Association provides a minimum of five (5) working days advance notice. The request shall be in writing and the approval/denial shall be provided in writing in a timely manner. Except for failure to provide five (5) working days advance notice, the leave request shall not be denied unless it would interfere with Agency business.
d. None of the leave hours shall be used for the purpo ses of advancing Association political views, such as attending political rallies or conferences , to support candidates running for office, or any such events of a similar nature. e. Association representatives using leave time for reasons other than is expressly provided under this Article shall forfeit their rights to Association Leave and may be subject to disciplinary action up to and including termination.
3.7 BULLETIN BOARDS
a. For purposes of posting Association notices, the Agency shall provide the Association with adequate space on bulletin boards in areas where the Association has employees it represents. Such notices may be posted by the Association. b. The Agency shall provide the Association with a list of bulletin boards with adequate space for Association notices. These same bulletin boards shall be utilized for the posting of job examination announcements and seniority lists. c. In the eve nt a dispute arises concerning the appropriateness of material posted, the President of the Association will be advised by the Human Resources Director of the nature of the dispute and the notices will be removed until the dispute is resolved.
3.8 USE OF FACILITIES
a. The Association can use Agency conference rooms and similar facilities for meetings with employees. Use of Agency meeting facilities requires reasonable advance notice to the appropriate Agency official and is subject to Agency use of such facilities.
The Agency may establish reasonable regulations governing the use of Agency facilities as provided by this Section.
b. The Association will be permitted reasonable use, not to exceed once per calendar month, of the Agency's mail system for Association materials to employees covered by this Agreement. The mail code shall be clearly marked on the envelope for such mail. The Agency shall not be held responsible for untimely or lost mail.
ARTICLE 4 – GRIEVANCE AND ARBITRATION PROCEDURE
4.1 DEFINITION
A grievance is any dispute between (a) the parties, (b) the Agency and an employee or employees, or (c) between or among employees, with respect to the meaning, interpretation, application or enforcement of this Agreement.
4.2 INTENT
It is the intent of the parties to this Agreement to anticipate and diminish causes of grievances and to settle any which arise, informally at the lowest practicable level of supervision, and as fairly and promptly as possible. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence, between steps of the grievance procedure, and the time in which each answer must be given. Any grievance not initiated, or pursued by the As sociation, aggrieved employee, or the Agency, as the case may be, within these time limits, will be considered settled on the basis of the last timely demand or answer by the Agency, as the case may be, unless the time is extended by agreement of both parties. At each step of the grievance procedure, the Agency shall make available information necessary and pertinent to the processing of the grievance, except for any material which, in the Agency's discretion must, in the public interest be kept confidenti al or which is intimate and private to the grieving employee.
4.3 PROCEDURE
Grievances will be processed in the following manner and within the stated time limits.
4.4 GRIEVANCE TIMELINES AND LIMITATIONS
No matter shall be considered a grievance unless it is presented in writing within thirty (30) calendar days after the occurrence of the events on which the grievance was based or within thirty (30) calendar days from which a reasonable person should have been aware of the grievance events. It is the intent of this provision that a grievance shall be filed as soon as practical. Grievance resolutions involving back pay are limited to thirty (30) calendar days prior to the date the grievance was filed. The only two exceptions are if there is mutual agreement by the parties to waive this provision, or for pay discrepancies that are supported by appropriate documentation.
If the Agency does not meet the time limits, the Association may process the grievance to the next step. Time limits at each step may be waived or extended by mutual agreement of the parties.
4.5 INFORMAL GRIEVANCE
The aggrieved employee or group of employees or a representative of the Association shall orally present the grievance to the employee's appropriate supervisor
or his/her designated representative within thirty (30) calendar days following the occurrence of events on which the grievance is based. The supervisor shall give his/her answer within ten (10) working days of the date of presentation of the grievance.
4.6 FORMAL GRIEVANCE - STEP 1
If the grievance is not resolved under Section 4. 5, it shall be reduced to writing, setting forth the alleged facts or circumstances giving rise to the grievance, the applicable Section of the Agreement asserted to hav e been violated and the remedy or correction requested of the Agency. The written grievance must be dated and signed by the aggrieved employee or the employee’s representative. The written grievance must be presented to the aggrieved employee's Department Director or the Department Director's designated representative, within ten (10) working days after the supervisor's answer under Section 4.5. The Department Director or designated representative shall establish a time for a grievance meeting with the a ggrieved employee and/or the Association representative to occur within ten (10) working days after receipt of the written grievance in an attempt to resolve the matter. At the grievance meeting, the Department Director or designated representative shall receive such evidence relevant to the grievance as the aggrieved employee and/or Association representative may wish to introduce. The Department Director or designated representative shall then consider the evidence received and render a written decision within ten (10) working days after the grievance meeting.
4.7 FORMAL GRIEVANCE - STEP 2
a. If the grievance is not satisfactorily resolved at Step 1, the written grievance may be presented to the Executive Director or the E xecutive Director's designated representative within ten (10) working days after receipt of the Department Director's written answer. The Executive Director or designated representative shall investigate and receive such evidence in the matter as seems ju st and proper and may meet with the aggrieved employee and/or the Association representative in an attempt to resolve the grievance. The Executive Director or designated representative shall then consider the evidence received and render a written decisio n on the grievance within twenty (20) working days after receipt of the written grievance.
b. The Association or the Agency may initiate their grievances at this Step 2 of the grievance procedure. Any grievance by the Agency against the Association must be filed with the Association President.
c. If the grievance is not resolved at Step 2 by mutual agreement of the parties the matter may be referred to mediation by the California State Mediation and Conciliation Service.
4.8 FORMAL GRIEVANCE - ARBITRATION
a. Grievances not settled at Step 2 of the grievance procedure may be referred to arbitration. Only the Agency or the Association may advance a grievance to arbitration.
Request for arbitration shall be made in writing within ten (10) working days after the
Executive Director's response is given. An impartial arbitrator shall be selected jointly by the Agency and the Association within twenty (20) working days of receipt of the request.
The parties shall attempt to mutually agree on an arbitrator. If the parties cannot agree on an arbitrator, they shall immediately make a joint request of the American Arbitration Association or State Mediation and Conciliation Service fo r a list of five (5) qualified arbitrators. The parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The arbitrator shall have access to all written statements and documents relevant to the grievance. The arbitrator shall render his/her decision no later than sixty (60) days after the conclusion of the final hearing. Such decision shall be made in writing and shall be final and binding on both parties and made in accordance with, and in conf ormance to, the terms of this Agreement. Copies of the decision will be furnished to both parties.
b. The arbitrator shall have no authority to add to, delete, or alter any provision of this Agreement, but shall limit his/her decision to the scope, applicati on and interpretation of the provisions of this Agreement and shall make no decisions in violation of existing law.
c. The fees and necessary expenses of any arbitration proceedings shall be shared equally by both parties, except that each party shall pay the fees of its own counsel and/or representative. The Agency agrees that employees shall not suffer loss of compensation for time spent as a witness or as the Association representative at an arbitration hearing held pursuant hereto. The Association agrees that the number of witnesses requested to attend and their scheduling shall be kept to a reasonable minimum.
d. The Agency and the Association shall provide, in writing, the names of witnesses and representatives attending the arbitration proceedings, at lea st one (1) week in advance of the proceedings. No pay shall be provided to the witnesses or Association representative if the Association or grievant fails to provide the one (1) week advance notice.
ARTICLE 5 – SALARIES
5.1 WAGE AND SALARY ADJUSTMENTS
1. Effective July 1, 2022, all SHRAEA represented employees shall receive a 2% salary range increase.
2. Effective July 1, 2022, all SHRAEA represented employees shall receive a $500 lump sum payment.
3. Effective January 6, 2023, all SHRAEA classifications shall receive a 3.5% salary range increase.
4. Effective January 5, 2024, all SHRAEA classifications shall receive a 3.5% salary range increase.
5.2 SALARY STEP INCREASE AND FLEX STAFFING ADVANCEMENT
a. A new employee will normally receive the salary specified for Step 1 of the salary range which corresponds to his/her job classification. In special circumstances, a beginning salary above Step 1 may be authorized by the Executive Director. b. Employees are eligible for advancement to succeeding steps of the assigned salary range after the completion of the equivalent of fifty-two (52) weeks of full- time service.
c. An employee's step increase date shall be effective on the salary anniversary date.
d. A step increase may be denied only for just cause in writing. e. Employees advanced pursuant to the Flexible Staffing Procedure shall receive a new anniversary date upon advancement to the higher salary range. Denial of such advancement shall not be subject to the grievance procedure.
5.3 Y-RATE
Those employees who are reallocated t o classifications where the maximum rate of pay is less than the employee's salary immediately prior to the reallocation, pursuant to a classification and pay study, shall be Y -rated until the salary of the affected classification range is increased to the incumbent employee's Y-rated salary.
ARTICLE 6 – EMPLOYEE BENEFITS
6.1 HEALTH INSURANCE
Cafeteria/group insurance contributions may be used towards health and/or dental benefits.
Beginning January 1, 2022 , the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO Plan at the
employee only level plus Dental DMO Plan for employee only per month (2022)
b. Employee plus one: $1,280 per month (2022)
Employee plus two or more: $1,635 per month (2022)Beginning January 1, 2023, the Agency’s designated cafet eria/group insurance contribution for regular and limited - term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO plan at the
employee only level plus Dental DMO Plan for employee only per month b. Employee plus one: Lowest Cost HM O Plan at the
employee plus one level plus Dental DMO Plan for the employee plus one c. Employee plus two or more: Lowest Cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more
Beginning January 1, 2024, the A gency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO plan at the
employee only level plus Dental DMO Plan for employee only per month b. Employee plus one: Lowest Cost HMO Plan at the
employee plus one level plus Dental DMO Plan for the employee plus one c. Employee plus two or more: Lowest Cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more
c.
d. All employees who are regularly scheduled to a part -time position in the Administrative and Technical Unit shall receive a pro rata Agency designated group insurance contribution based on the employee's regularly scheduled hours.
e. To be eligible for the Agency contribution under this Article the full -time employee must be paid for a minimum of forty (40) hours of work during the bi -weekly pay period for which the Agency contribution is made. If an employee fails to meet this criterion the Agency shall deduct from the employee's paycheck the amount equal to the Agency contribution, in addition to any other employee deductions for health and dental insurance. If this deduction from the employee's paycheck cannot be made in its entirety, it is the responsibility of the individual employee to pay for the remaining amount. Failure to do so before the end of the calendar month, including such paycheck(s), shall automatically drop the employee from the health and dental insurance program until the next open enrollment period.
f. All employees covered by this Agreement shall be enrolled in the employee plus one coverage under the Vision Care Plan "A".
g. Eligible employees may apply the Agency contribution toward the Agency-sponsored dependent care reimbursement program and t he purchase of life insurance pursuant to Section 6.2.
h. In addition, effective February 1, 2006, eligible employees may apply the unused Agency contribution to a maximum of $200.00 toward the Agency -sponsored dependent care reimbursement program, life insur ance pursuant to Section 6.2, the employee's share of retirement contribution, and deferred compensation. Employees are required to maintain health insurance coverage or provide proof of coverage elsewhere. i. The Agency’s Cafeteria/group Insurance Contributions for employees hired on or before December 31, 2022 includes the following: The maximum health insurance contribution shall be $360.00 per month and shall continue at $360.00 per month for the duration of this Agreement. This contribution amount is included in the contribution amounts listed in Section 6.1(a) above.
j. Employees with proof of health coverage from another source qualified under the Affordable Care Act may opt out of the health insurance and cafeteria plan.
Any employee opting out of th e plan shall receive an opt -out payment in the amount of $200.
6.2 LIFE INSURANCE
The Agency shall provide $10,000 life insurance for probationary , regular, and limited-term employees covered by this A greement. The Agency agrees that subject to Federal tax limitations and during the applicable open enrollment period, employees may purchase additional life insurance up to three (3) times annual salary. Such insurance may be purchased from the Agency health and dental contribution up to the Federal limit, and from employee out-of-pocket funds thereafter.
6.3 HEALTH INSURANCE PREMIUM ADVANCE
A regular or limited -term employee who is on medical leave and who has exhausted all leave balances and is on leave without pay, may request that the Agency
continue elected coverage limited to the Agency's medical pl an by advancing payments during such leave. The Agency may advance no more than three (3) months of health insurance premiums and the employee shall reimburse the Agency for all such premiums paid.
6.4 RETIREMENT PLAN AND CONTRIBUTION
a. All employees covered by this Agreement that are not “new members” under the California Public Employees Pension Reform Act of 2013 (“PEPRA”) shall be in the 2% at 55 CalPERS retirement formula. Effective July 1, 2013 the Agency will pay two percent (2%) of the employee’s seven percent (7%) PERS contribution. Effective January 1, 2014 the Agency will pay o nly one percent (1%) of the employee’s seven percent (7%) PERS contribution. Effective January 1, 2015, the employee will pay the entire seven percent (7%) PERS contribution.
b. All current and new employees will be covered by the Public Employees’ Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013. Accordingly, all new employees hired on or after January 1, 2013, who are considered “new members” under the PEPRA shall be in the 2% at 62 CalPERS retirement formula described in PEPRA. In addition, “new members” shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs of their pension benefit.
6.5 CASH OUT AND/OR CREDIT FOR UNUSED SICK LEAVE
a. Effective upon adoption, an e mployee shall have the following option regarding sick leave cash out and/or credit at retirement:
(1) Convert all accrued sick leave to retirement service credit pursuant to Section 20965 of the Government code and Public Employment Retirement Law (PERL) or
(2) Cash out up to thirty -three and one third (33 1/3%) percent of 1040 hours of the accumulated sick le ave hours and convert the balance of unused sick leave to retirement service credit with fifteen (15) years or more of Agency service.
b. An employee who terminates employment with the Agency by any reason other than retirement shall forfeit any unused accumulated sick leave.
6.6 FLEXIBLE SPENDING ACCOUNTS
The following flexible spending accounts shall be available to eligible employees contingent upon the Agency passing the required non-discrimination testing each pla n year:
a. Out-of-pocket costs for health and dental insurance premiums;
b. Unreimbursed health care expenses as allowed by law up to $5,000 per plan year; and
c. Dependent care reimbursement.
Administrative costs shall be paid by the employees participating in Sections 6.6(b) and (c).
6.7 OTHER EMPLOYEE BENEFITS
Except as modified by this Agreement, and subject to applicable laws, the following benefits shall remain in effect during the term of this Agreement:
a. State Unemployment Insurance
b. State Disability Insurance
c. Worker's Compensation Fund
d. Social Security
e. Public Employees' Retirement System
f. The Agency Human Resources Department is one of the locations employees may obtain information regarding the benefits mentioned above, as well as the Family Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA). It is not the intent of this section to restrict or expand the rights of employees in regard to the benefits mentioned herein.
6.8 STATE DISABILITY INSURANCE
a. Eligible employees may use State Disability Insurance on an integrated basis with Agency leave benefits providing for holiday time, sick leave, vacation, compensating time off and holiday in lieu time. This provision is an exception to the current policy which otherwise requires exhaustion of all accrued leave balances before a request for a leave of absence without pay can be considered. (1) The Agency shall continue its contributions toward the employee's health, dental, life and retirement contributions in accordance with established laws and practices during the pay periods which include Agency payment for integrated leave balances. The employee shall be responsible for payment of premiums required to maintain medical insurance coverages when Agency contributions cease.
ARTICLE 7 – HOURS OF WORK AND OVERTIME
7.1 HOURS OF WORK
a. The workweek for employees shall begin at 12:01 a.m. Saturday, and end at 12:00 midnight the following Friday. The workweek for full -time employees shall consist of forty (40) hours during the seven (7) day period, except as otherwise provided by the agreement.
b. The appointing authority may adjust hours of work, the workweek and lunch periods. Prior to a change in the schedule, the Agency shall give the employee and the Association fifteen (15) days notice. If the Agency fails to provide the fifteen (15) days notice, the employee shall be compen sated at a rate of one and one -half (1-1/2) times the employee’s normal rate of pay for a period of fifteen (15) work days. c. Alternative schedules include, but are not limited to, 9/80 schedules consisting of eight (8) days of nine (9) hours and one day of eight (8) hours in a bi-weekly pay period; 4/10 schedules consisting of four (4) days of ten (10) hours in a workweek; or other flex schedules designated by the Agency.
7.2 OVERTIME
a. Overtime shall be compensated at a rate of one and one-half (1-1/2) times the employee’s normal base rate of pay.
b. Employees who work in excess of eight (8) hours per day or forty (40) hours per week shall receive overtime pay.
c. Employees who work alternate schedules (i.e. 9/80 or 4/10 schedules) shall be paid overtime for hours worked in excess of nine (9) or ten (10) hours respectively per day or forty (40) hours per week.
d. For the purposes of computing overtime, all paid time off shall not be considered as time worked
7.3 COMPENSATORY TIME OFF (CTO)
a. CTO instead of cash compensation for overtime may be granted, at the request of the employee at the rate of one and one-half (1-1/2) hours paid leave for each overtime hour worked. The Agency shall have the right to deny an employee's request for cash payment and instead compensate overtime through CTO. b. All CTO balances over eighty (80) but less than three hundred twenty (320) hours as of the pay period that includes December 31 will be paid an nually on the third payday in the following year. Balances in excess of three hundred twenty (320) hours will be paid bi-weekly.
c. The Agency shall have the right to schedule and approve all use of CTO.
7.4 PART-TIME EMPLOYMENT
a. This Section applies to employees in part -time positions or full -time employees who request to be employed on a part -time basis. Approval of requests for part-time employment lies within the discretion of the Agency. b. Employees working part-time shall be scheduled to work a minimum of forty (40) hours in a bi-weekly pay period.
c. If a request to convert from full-time to part-time is approved, the employee will be assigned on a part-time basis as soon as practicable. d. A part-time employee may request to change to full -time employment by giving written notice to the Human Resources Department. Employees submitting such written request will be changed to full-time employment as vacancies in regular positions occur within their current classification. The part -time employee who has the earliest dated request to change to full-time employment will be given the first available vacancy. e. The salary of part-time employees shall be pro-rated based on the number of hours worked. Vacation, sick leave, holiday and insurance benefits will be as stated in those Sections of this Agreement.
ARTICLE 8 – HOLIDAYS AND LEAVES
8.1 HOLIDAYS
a. The following shall be recognized holidays for employees covered by this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February
Cesar Chavez’s Birthday Last Monday in March
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day After Thanksgiving First Friday after Thanksgiving Christmas Eve Day (4 hours) Last working day prior to observance of Christmas Day
holiday
Christmas Day December 25
New Year’s Eve Day (4 hours) Last working day prior to observance of Christmas Day
holiday
b. When one of these holi days falls on a Saturday, the employees shall be given the preceding Friday off. When one of these holidays falls on a Sunday, the employees shall be given the following Monday off.
c. Employees shall work the entire regularly scheduled shift, or have pre - approved time off, before and after the holiday to be eligible for holiday pay. An employee who is scheduled to work on a holiday and fails to report to work shall not be entitled to holiday pay. Employees who fail to report to work the day before or after the holiday because they are sick must provide a physician’s certification within 24 hours of reporting to work, otherwise they shall not be entitled to holiday pay. In the event an employee is late for work on the day prior to the holiday or the day after the holiday for a verified reason beyond their control (such as a traffic accident), the employee shall be given the opportunity to make up the missed time within five (5) working days. Failure to make up the missed time within five (5) work days shall result in forfeiture of holiday pay. The makeup time shall not count as hours worked for purposes of overtime. d. A regular or limited-term employee who works a holiday shall be paid eight (8) hours for the holiday plus one and one-half (1-1/2) times of their regular rate of pay. If an employee reports to work on a holiday and does not work the entire shift, the employee
will only be paid time and one-half (1-1/2) for the actual hours worked and shall not receive holiday pay for the remaining holiday hours not worked. e. Part-time employees shall receive the holiday benefit on a pro rata basis. f. Floating Holidays
In addition to the recognized holidays specified above, each employee shall receive the equivalent of three (3) floating holidays per fiscal year on an accrual basis as follows:
(1) Each full -time employee shall accrue floating holiday credit at the rate of .923 hours per pay period. The employee shall accrue floating holiday credit for each pay period for which the employee is paid one or more hours of salary.
(2) Regular part-time employees shall accrue floating holiday credit on a pro rata basis.
(3) The scheduling of floating holiday time must be approved in advance by the appointing authority or designated representative. (4) As of the end of the pay period which includes December 31, floating holiday time earned but not taken may accrue to a maximum of two (2) times the employee's yearly accrual.
g. Alternate/Flex Schedule Holidays
During workweeks with one or more recognized holidays, holiday pay for employees working alternate or flex schedules shall be eight (8) hours for each full recognized holiday and four (4) hours for each half (1/2) recognized holiday. Employees shall be given the option of supplementing the holiday pay for the recognized holiday with accrued holiday time, vacation accrued, or CTO in order to earn a total of forty (40) hours pay in the workweek. Employees wh ose regular day off falls on a recognized holiday shall, in lieu of paid time off, accrue eight (8) straight-time hours for each full holiday and four (4) straight-time hours for each half (1/2) holiday falling on such scheduled day off.
8.2 ANNUAL LEAVE
a. All full-time employees shall earn annual leave at the following rate:
(1) 3.38 hours per bi -weekly pay period through three (3) years of service, to a maximum of 230 hours;
(2) 4.92 hours per bi -weekly pay period beginning with four (4) and seven (7) years of service, to a maximum of 340 hours;
(3) 5.38 hours per bi -weekly pay period beginning with eight (8) and through ten (10) years of service, to a maximum of 360 hours. (4) 5.69 hours per bi-weekly pay period beginning with eleven (11) and through fifteen (15) years of service, to a maximum of 400 hours; (5) 6.45 hours per bi-weekly pay period after fifteen (15) years of service, to a maximum of 480hours.
e. Annual leave earned but not taken may accrue to the maximum indicated and thereafter no further leave shall accrue until the balance is reduced below the maximum.
f. During any calendar year in which an SHRAEA represented employee has an accrued vacation balance of 160 hours or more, the employee may elect to take up to eighty (80) hours of vacation pay rather than time. g. Once every three (3) months the Agency will notify each employee, in writing, of his/her accumulated sick leave and accumulated annual leave. h. This Section shall apply to regular part -time employees except that the bi - weekly accrual rate under Section 8.2(a) shall be computed on a pro rata basis.
I, Employees must have six (6) months of service to be eligible to use accrued vacation.
j. Temporary employees with 3 -6 months, start with a maximum of 40 -hour bank of vacation (pro-rated), and also begin to accrue hours
k. New employees who were not on a temporary assignment, allowed to borrow up to 16 hours of floating holiday to use prior to completing the six (6) month of service.
8.3 SICK LEAVE
a. Sick leave shall be accrued at the rate of 3.69 hours per pay period. b. There is no limit on the amount of sick leave which may be accumulated. c. An employee is allowed a maximum of forty (40) hours sick leave per year, chargeable to accumulated sick leave, when it is necessary to care for a sick member of the employee's immediate family, unless otherwise expressly approved by the employee's appropriate supervisor.
d. An employee is allowed a maximum of forty (40) hours off if death occurs in the immediate family, unless otherwise expressly approved by the employee's supervisor.
Immediate family shall be defined as the employee's mother, father, step -mother, step-father, grandparents, spouse, children, step -children, brother, sister, and persons bearing the same relation to the employee's spouse. Twenty -four (24) hours shall be
allowed off for the death of a relative not stated above who was a resident of the employee's household at t he time of death. Eight (8) hours shall be allowed off for the death of a relative not stated above who was not a resident of the employee's household at the time of death. Four (4) hours shall be allowed off to attend the funeral of a friend.
All of this time shall be chargeable to sick leave.
e. Time off for doctor and dental appointments for an employee, or when absolutely necessary to take family members, may be charged to accumulated sick leave. f. When an employee's sick leave has been depleted, annual leave shall automatically be utilized unless the employee otherwise notifies the Human Resources Department in writing.
g. An employee who, while on vacation, is bedridden for five (5) or more days, or hospitalized for one or more days, due to an illness or i njury may have such days charged to sick leave provided the employee submits appropriate written verification from the treating physician or the hospital in which he/she was confined. h. Annually, employees with an accumulated sick leave balance of five hundred (500) hours or more, and who have used twenty -four (24) hours or less of sick leave by December 1 of the current calendar year, may cash out up to twenty-four (24) hours of sick leave by December 31.
i. This Article shall apply to regular and limited -term part-time employees except that the monthly accrual rate under Section 8.3(a) shall be computed on a pro rata basis.
8.4 COURT LEAVE/JURY DUTY
For the period of time in court, on jury duty or under subpoena as a witness in a proceeding in which the employee is not a party, an employee is entitled to court/jury duty leave with pay and said absence shall not be construed as annual leave or leave without pay. Any fe e, other than for mileage, collected by the employee for such duty shall be collected by the employer from the employee, except that such fees collected shall not be in excess of the salary earned by the employee in the same period. However, the employee may elect to take annual leave or leave without pay and retain any fees.
8.5 LEAVES OF ABSENCE WITHOUT PAY
a. Requests for leave of absence shall be submitted in writing to the Human Resources Director and shall state specifically the reasons for the leave, the date when the leave is to begin, and the probable date of return. b. Upon written request and approval by the Executive Director or designee, a leave of absence without pay may be granted to any employee with regular status for a period of not to exceed one year for the following reasons:
(1) Illness or disability, including pregnancy -related disability, not covered by sick leave;
(2) Association business;
(3) Education or training which will materially benefit the Agency; (4) Parental/child care;
(5) Other personal reasons which do not cause inconvenience to the Agency.
c. Any leave of absence granted under Section 8.5(a)(1) above shall be only for the actual period of illness, disability, or pregnancy-related disability. Any request for a leave of absence longer than the actual period of illness, disability, or pregnancy-related disability, up to the one year maximum from the date the initial leave began under Section
8.5(a)(1), must be approved by the Executive Director or designee, and will be considered a leave under Section 8.5(a)(5).
d. An employee on leave of absence without pay necessitated by pregnancy, illness or disability, as verified by medical reports, is eligible to return to his/her position on request at the completion of such leave. In all other cases, if the leave of absence without pay has been granted for a period of time which would necessitate a permanent replacement, the employee on leave shall not be returned to the position he/she vacated unless that position is open at the time he/she reports for work. He/she shall, however, be granted preferential hiring rights for the first position of similar job classification which is open at a later date.
e. If the leave of absence without pay necessitates a temporary replacement, the employee on leave shall be returned to the position he/she vacated upon his/her return to work.
f. In the event an employee is transferred or promoted on a temporary basis for the duration of a leave of absence, such appointment shall have no effect on the status of the employee so promoted or transferred, and he/she shall be entitled to all rights and benefits that would be provided him/her had he/she not been temporarily promoted or transferred.
g. Employees may not accrue annual leave, floating holiday, or sick leave, or receive holiday pay while on leave of absence without pay; however, employees returning to work following a leave shall retain their accumulated sick leave and annual leave. h. Approved leaves of absence shall count as service time for the purpose of determining seniority.
i. All premiums required under the Agency's health and welfare program shall be paid by the employee while on leave of absence without pay.
8.6 PARENTAL LEAVE
a. A parental leave policy for both male and female regular full -time and regular part-time employees shall be implemented, with the following provisions:
(1) Regular f ull-time employees who have completed 2080 hours of continuous service shall be el igible for a maximum Agency -paid parental leave of four (4) weeks consisting of up to one hundred-sixty (160) hours of continuous paid time off. Unused parental leave shall have no cash value.
(2) Regular p art-time employees who have completed 1040 hours of continuous service shall be eligible for a maximum Agency-paid parental leave of four (4) weeks consisting of up to eighty (80) hours of continuous paid time off. Unused parental leave shall have no cash value.
(3) To be eligible for the paid leave the employee must have completed probation from the most recent date of hire preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court-appointed legal guardians and foster parents do not qualify for parental leave.
(4) Eligible employees shall have the right to only one leave of absence per pregnancy or adoption regardles s of the number of children involved (e.g., twins). The duration of paid leave shall not change based on a change in employment status, such as from part -time to full-time. An employee must utilize all paid leave prior to converting to unpaid leave during parental leave.
(5) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the classification last held or equivalent position.
(6) Eligible employees shall have the right to extend parental leave beyond the four (4) weeks of Agency-paid leave to the maximum six (6) months of leave , upon approval by the Agency, by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday, and/or unpaid leave to their initial request for pa rental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
(7) Parental leave shall be taken in one continuous period of absence on paid or unpaid status, and must be completed wi thin one year of the birth or adoption for which it is requested.
(8) Parental leave shall not commence prior to the date of birth or adoption and is separate from any disability leave which may be available to the employee.
(9) The Agency shall apply Family Medic al Leave concurrent with Parental Leave.
b. The Agency shall have the right to promulgate a policy and procedure to implement and administer parental leave.
8.7 CATASTROPHIC LEAVE
Upon request of a regular employee and upon approval of the Executive Director or designee, annual leave, CTO, vacation, and/or holiday leave may be transferred from one or more employees to another employee, in accordance with Agency policies, and under the following conditions:
a. The receiving employee faces financial hardship due to injury or the prolonged illness of the employee.
b. The receiving employee has exhausted all leave balances. c. Each donation must be a minimum of eight (8) hours and in whole hour increments and credited as vacation or annual leave.
d. The total leave credits received by the employee shall normally not exceed five hundred and twenty (520) hours; however, if approved by the Executive Director, the total leave credits received may be one thousand and forty (1,040) hours. e. Donations shall be made on a form to be developed by the Agency, signed by the donating employee, and verified by the donating department. These donations are irrevocable.
f. Sick leave credits shall not be transferred under this provision. g. This Section is not subject to the Grievance and Arbitration Article of this Agreement.
8.8 AGENCY CLOSURES
The following represents mandatory closure days during which employees in the unit will be off work without pay. Employees may substitute accrued paid leave time as further discussed below during these agency closure days. These agency closure days will be in addition to the reduced work schedule provisions in Section 11.2. The Agency reserves the right to require any employee to work on an agency closure day. The Agency will close all operations on the last full work week of December of each year.
d. Employees may choose from the following
1. Use accrued paid time off (excluding sick leave) for all closure days
2. Elect to take leave without pay or combination of accrued paid time off (excluding sick leave) and leave without pay.
e. Each calendar year employees may elect to defer up to 28 hours of pay in order to bank paid time off.
f. Banked hours cannot be carried over and must be used during the year they are banked.
g. Probationary employees will be allowed to utilize their accruals (exception to the Annual Leave section of this article)
h. If an employee chooses to bank time by reducing their pay prior to the closures, accruals and the employee and employer contributions to CalPERS will be reduced based on the number of hours without pay. Use of accrued paid time off and banked time during the closures will not reduce accruals or CalPERS contributions. However, if an employee chooses to take a Leav e Without Pay during the closures, both accruals and the employer and employee contribution to CalPERS will be reduced.
The Agency reserves the right to schedule different closure days than above for the Housing Choice Voucher and Public Housing Departments. If changes to the schedules are made to either of these departments there will be no change in the number of closure days listed above.
ARTICLE 9 – SPECIAL ALLOWANCES
9.1 CALL-IN PAY
An employee who has completed their regular shift and has left Agency premises and is called back to work for unscheduled overtime work, shall receive a minimum of two (2) hours pay at time and one-half (1-1/2) their base rate of pay. If an employee is called and engages in problem solving over the phone which exceeds thirty (30) minutes, the employee shall receive the two (2) hour minimum call -in pay, or actual time worked, whichever is greater. Additional calls within the two hour period are covered under that minimum time paid.
9.2 NIGHT-SHIFT DIFFERENTIAL
All employees of the Agency covered by this Agreement who work five -eighths (5/8) or more of their regular shift in the period extending from 6:00 p.m. to 6:00 a.m. shall be compensated therefore by payment for the entire shift of an additional five percent (5%) of their base pay for that shift. Employees who work less than five -eighths (5/8) of their regular workshift in the period extending from 6:00 p.m. to 6:00 a.m. shall be compensated for those hours worked (to the nearest one -half hour) within this period by payment of an additional five percent (5%) of their base pay for such hours.
9.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION
a. When an employee is assigned to perform more than seventy-five percent (75%) of the duties of a position in a higher classification, payment fo r such out-of-classification work shall be five percent (5%) above the regular base pay of the employee, providing such pay shall be a minimum of Step 1 of the higher classification, and no more than the maximum of Step 5 of the higher classification. The Executive Director may authorize payment in excess of five percent (5%) but no more than Step 5 of the higher classification.
b. When an employee is assigned to perform seventy-five percent or less (75%) of the duties of a higher classification, payment for such out-of-class work shall be paid at three percent (3%) above their regular base pay. c. No position will be filled by "temporary work in a higher classification" for more than six (6) months, except as follows:
(1) Illness
(2) Vacation relief
(3) Sick leave relief
(4) Leave of absence
(5) During the recruitment process
(6) Conditions of extended emergency
d. The Agency agrees not to abuse or circumvent the application or intent of this Section, including the establishment of new positions.
9.4 LONGEVITY PAY
a. Employees who have been employed by the Agency for a period of twenty (20) to twenty -four (24) years on January 1 of each year shall receive longevity pay of $350 on the second payday of January.
b. Employees who have been employed by the Agency for a period of twenty- five (25) to twenty -nine (29) years on January 1 of each year shall receive $550 on the second payday of January.
c. Employees who have been employed by the Agency for a period of thi rty (30) years or more in January 1 of each year shall receive $750 on the second payday of January.
9.5 BILINGUAL PAY
a. The Agency may authorize bilingual pay when it i s determined to be necessary for the operation. The Agency shall determine what languages are appropriate for such pay and the number of employees to be certified, and shall include American Sign Language (ASL). To be eligible for bilingual pay the employee must be determined to be verbally proficient, and if necessary for the assignment, proficient in the written language or ASL proficient. The Agency will arrange the certification and testing process and authorize the bilingual pay.
b. Bilingual pay shall be paid at the rate of five percent (5%) above the regular base pay for any period in which the employee is certified. An employee who is receiving bilingual pay shall provide assistance to any Agency operation as needed or when directed by the Agency.
c. The certification period will be two (2) years from the date of certification only. At the end of the certification period the Agency may or may not recertify the employee under paragraph “a” above.
ARTICLE 10 – PERSONNEL ACTIONS
10.1 PROBATIONARY PERIOD FOR NEW HIRES, TRANSFERS, PROMOTIONS
OR PROBATIONARY EMPLOYEES ASSIGNED TO FILL A VACANCY
a. The probationary period for all classifications in the Administrative and Technical Unit shall be twelve (12) months.
b. An employee released from probation does not have a right of return to their former classification or a right to grieve or appeal such release, unless allowed under this agreement or as provided by law.
c. An employee in probationary status assigned to fill a vacancy, as described in Article 10.2 below, shall serve a new probationary period and shall be placed at the same salary step in the new classification. The employee's classification date shall be the date of appointment to the new classification.
d. A regular employee who receives a step to step transfer or who is promoted and subsequently released from their new job classification while serving the probationary period shall be reinstated to the job classification from which the employee transferred or promoted where regular status was held or an equivalent position, unless the reason for release would be just cause for dismissal from agency service pursuant to Section 10.9. e. An employee’s probationary period may be extended to a maximum of twelve (12) weeks, or an employee may be released from their position at the discretion of the appointing authority at any time during the probationary period with no right of appeal or grievance.
f. An employee in probationary status who is promoted and subsequently released from that new job classification while serving the probationary period shall have no right of appeal and no right of return to their former classification.
10.2 SELECTION FOR VACANCIES (STEP TO STEP TRANSFER)
a. When a regular vacancy occurs in a particular job assignment, regular employees at a salary step of five percent (5%) or less of the same step of the new classification of the vacant position may request to be assigned to such vacancy. A vacancy or vacancies resulting from an assignment herein may not be subject to this procedure. The requests for consideration shall not be arbitrarily or capriciously denied.
Assignment shall be made on the basis of the most qualified applicant. Where two (2) or more employees request consideration and their qualifications are not significantly different, the senior employee will be given the position. b. For a regular employee to be considered for transfer under Section 10.2(a), a written transfer request, on a form provided by the Agency, must be filed with the Human Resources Department. Such transfer request shall be valid through December 31 of each calendar year.
c. An employee with regular status assigned to fill such a vacancy shall serve a new probationary period and shall remain at the same salary step and anniversary date in the new classification. The employee's classification date shall be the date of appointment to the new classification.
d. Within a period between thirty (30) to sixty (60) calendar days from the date the regular vacancy was filled, an employee who was interv iewed for such vacancy pursuant to subsection (c) shall have the right to meet with the appointing authority to discuss why his/her transfer request was not approved.
10.3 PROMOTIONS
a. Promotional examinations are open to all regular employees who meet the basic qualifications for the higher position. Any employee, upon promotion shall be entitled to receive in the position to which he/she is promoted, the rate of compensation next higher than that received by him/her prior to this promotion; provided that the amount of such increase shall be at least equal to one full in -grade salary step, but in no case shall the new rate exceed the maximum rate of higher classification. b. All promotional job examination announcements establishing an eligible list shall be posted on the bulletin boards as specified in Section 3.6 at least ten (10) working days prior to the closing of the filing period. Job announcements may be posted for less than ten (10) working days with the consent of the Association.
Vacancies to be filled by an existing eligible list, transfer list, or reemployment list shall be posted on the bulletin boards as specified in 3.6 at least five (5) working days prior to the names on the eligible list/transfer list being certified. c. Where a regular employee of the Agency applies for a promotional position within the Agency and does not meet the minimum qualifications of the higher classification, such employee shall be notified in writing which minimum qualification(s) were not met.
d. Within any promotional job examination process, all regular employees who meet the minimum qualifications of a higher job classification covered by this Agreement shall be eligible for the job -related examination process. The current top five (5) names on the eligible list from the most recent examination process shall be granted interviews for each vacancy in said higher job classification. The promotion shall be given to the most qualified candidate without regard to relative position on the list. If two (2) o r more candidates are equally qualified, seniority shall be the determining factor in the promotion.
10.4 PROMOTIONAL TRANSFERS
a. When regular vacancies occur, regular employees who meet the minimum qualifications and are at a salary step of five percent (5%) or less of a salary range of the classification may request to be interviewed for promotion to such vacancy. A vacancy or vacancies resulting from an assignment herein may not be subj ect to this procedure.
Such employees shall be required to compete in the written portion of the testing process,
if applicable. However, in no event shall more than five (5) employees who have requested promotional consideration be given such interview, based on the test scores from the examination. If there is no test, the five (5) most qualified employees shall be referred to the interview. Selection shall be made on the basis of the most qualified applicant. Where two (2) or more employees request consideration and their qualifications are not significantly different, the senior employee will be given the position. b. For a regular employee to be considered for a promotional transfer, a written transfer request, on a form provided by the Agency, must be filed with the Human Resources Department. Such transfer request shall be valid through December 31 of each calendar year.
c. Whenever the names of candidates are certified to interview for a vacancy, employees who have submitted a promotional transfer request for the classification shall also be considered for the promotional opportunity.
d. Employees promoted pursuant to this Section shall serve a probationary period in the new classification. The date of appointment to the classification shall be the new anniversary date and classification date.
e. Within a period between thirty (30) to sixty (60) calendar days from the date a promotional vacancy was filled, an employee who was interviewed for such vacancy pursuant to subsection (d) shall have the right to me et with the appointing authority to discuss why he/she was not appointed to the promotional position.
10.5 TRANSFERS WITHIN CLASSIFICATION
An employee may request a transfer between assignment, unit or loca tion within his/her current job classification by submitting a written request to transfer to the Human Resources Manager. Such request shall be valid until December 31 of the year in which received. Such transfer, if approved shall have no impact on the employee's salary, classification seniority, nor shall the employee be required to serve a new probationary period.
10.6 INVOLUNTARY TRANSFERS
An employee shall be given five (5) workin g days notice prior to a n involuntary permanent transfer or lateral move from their current work location or to a different classification. A temporary involuntary transfer due to emergency situations and/or business necessity shall not be subject to the five (5) day notice requirement. If the Agency fails to provide the five (5) days notice for a permanent transfer the employee shall be entitled to be paid time and one-half (1-1/2) for a period of five (5) days.
10.7 DEMOTIONS
An employee who is demoted voluntarily or involuntarily to a classification with a lower salary range shall be paid in the new classification the salary range step closest to
the monthly pay rate received immediately prior to demotion providing there is no increase in pay.
10.8 TRANSITION
a. Upon approval of the Executive Director or his/her designee, any employee with limited -term status may be granted regular status without further examination provided the employee has worked the equivalent of twenty -six (26) weeks of full -time service. Such regular status shall be granted only to the employee's current job classification where limited-term status is held or to any entry-level classification covered by this Agreement.
b. Any employee with limited -term status who has worked the maximum allowable eighteen (18) months, shall either be granted regular status without further examination in the job classification wh ere limited -term status is held or shall be terminated from employment with the Agency.
10.9 DISCIPLINARY ACTION
a. Employees shall be disciplined only for just cause. Disciplinary action or measures may include the following:
(1) Written reprimand
(2) Suspension
(3) Reduction within salary range
(4) Demotion
(5) Discharge
b. A letter of reprimand or suspension of less than three (3) days shall not be arbitratable. An employee may have an administrative review of the reprimand by an uninvolved Program Manager or higher and may have an administrative review of a suspension of less than three (3) days by the Executive Director or Designee. Requests for administrative reviews must be submitted in writing to the Human Resources Manager, within seven (7) calendar days after the receipt of the reprimand or suspension. c. Any employee without regular status (only probationary status or limited - term status) may be terminated wit hout right of appeal under this Agreement. Any employee with regular status serving a probationary period may be released from that probationary period without right of appeal except as provided in Section 10.1(d). d. A written reprimand and any written rebu ttal submitted by the employee shall be removed from an employee's personnel files if the employee has worked for a two (2) consecutive year period, subsequent to receipt of the written reprimand, without receipt of any additional disciplinary action as listed under Section 10.9(a).
e. The Agency shall not discipline an employee, including a verbal reprimand, where an employee refuses to utilize bilingual ability during the course of their duties, except where the employee is employed in a position where the use of bilingual ability is a job requirement or is receiving bilingual pay.
10.10 IN-LIEU DISCIPLINE
By mutual agreement between the appointing authority or designee and the employee, an emp loyee suspended from duty without pay may forfeit accumulated holiday, compensating time off, and/or vacation credits equal to the number of hours of suspension in lieu of such suspension. If the suspension is reduced or reversed at the conclusion of the grievance process, the Agency shall reinstate the forfeited credits. This provision shall not be subject to the grievance procedure.
10.11 CITIZENS COMPLAINT
a. The Agency agrees not to take any disciplinary action against any employee under Section 10.8 of this Agreement based upon a complaint from a tenant or other member of the public unless and until such complaint is reduced to writing and signed by the complainant. Such written complain t shall specifically contain what acts, by an employee, are being alleged.
b. If a tenant or other member of the public files a written complaint with the Agency complaining of the actions of any employee, the Agency shall promptly provide a copy of the complaint to the employee and shall afford an opportunity for a written reply by the employee to the matter complained of in such complaint. The complaint, the employee's reply, and any Agency action based on the complaint, shall become a part of the employee's personnel file.
10.12 EMPLOYEE PERSONNEL RECORDS
a. Employee personnel records shall be subject to inspection only by the employee concerned and authorized Agency personnel except as otherwise provided by law. Upon notification and approval of the employee's supervisor, an employee shall be entitled to make an appointment for and review his/her personnel records at the Human Resources Department for a reasonable time during regular hours. Upon proper request, such permission shall not be unreasonably withheld. No persons shall be allowed other than those stated in this Section, to inspect an employee's personnel record without the express written authorization of the employee.
b. An employee shall be promptly notified if derogatory materials are placed in the employee's personnel file.
c. The employee's signing of any detrimental or adverse document or materials to be placed in the employee's personnel record will not indicate an agreement by the employ ee as to the contents of the document or materials. Such signing does indicate the employee has had an opportunity to review the detrimental or adverse document or material.
However, the employee may submit a written rebuttal to be placed in his/her personnel record attached to such a detrimental or adverse document or material and remain for as long as the adverse document stays in the file. Rebuttals submitted by employees that contain profanity, discourteous, or defaming language toward the supervisor and/or Agency or that do not address the subject matter shall not be allowed and will be returned to the employee with an explanation. d. An employee shall be provided with a copy of a performance appraisal, disciplinary letter, or letter of commendation with in seven (7) calendar days after the document is placed in the employee's official personnel file.
10.13 EMPLOYEE PERFORMANCE EVALUATIONS
a. Each Agency department shall have the right to conduct employee performance appraisals on a department-wide basis for all employees at the discretion of the appointing authority.
b. Probationary employees shall receive no less than two (2) performance evaluations, at reasonable intervals, during the probationary period. One evaluation will be issued within the first six (6) months and the second will be issued prior to the end of the probationary period. Additional evaluations may be issued if warranted. c. A regular employee who is rated as “needs improvement” or “unsatisfactory” on a performance evaluation may informally appeal to their supervisor within ten (10) working days from the date of the performance evaluation. d. Appeals o f employee performance evaluations are not subject to the grievance procedure Employees may submit a written rebuttal to a performance evaluation in accordance with Section 10.12c of the MOU. e. Employees not on probation who have not reached the top step of the pay scale shall be evaluated no less than once a yea r. In the event the evaluation is not performed by the anniversary date, it is understood that the employee’s performance is satisfactory and shall receive a salary step increase effective on the anniversary date.
ARTICLE 11 – SENIORITY AND LAYOFF
11.1 SENIORITY AND CLASSIFICATION DEFINITIONS
a. Agency Service Seniority: Agency service seniority shall be defined as the period of continuous service from the effective date of hire to any regular, part -time, or limited-term position.
(1) If two (2) or more regular employees have the same seniority date the employee who comes first on the Agency’s alphabetical list by last name shall be deemed more senior.
(2) A part-time employee’s time shall be pro -rated to establish Agency or classification seniority. For example, a full -time and part -time employee hired on the same date, and have both worked for three (3) continuous years; the full-time employee working forty (40) hours per week will have accrued three (3) years of seniority and the part- time employee working twenty (20) hours per week will have accrued one and one-half (1-1/2) years of seniority.
b. Classification Seniority: For regular and part-time employees classification seniority shall be defined as the length of continuous regular service from the effective date of probationary appointment to the employee's present job classification including any time spent in a higher classification less any time spent in a lower job classification due to a downgrade.
(1) For any employee with regular status who has not served a probationary period in his/her present job classification, classification seniority shall be the effective date of reallocation to the employee's present job classification, or in the case of transition from a limited-term position, classification seniority shall be the effective date of appointment to the limited-term position.
(2) If two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater Agency service seniority.
c. Higher Classification : The term higher classification shall mean a job classification in which the top rate of pay (Step 5) is greater than the top rate of pay (Step 5) of the employee's present job classification.
d. Downgrade: A downgrade shall be defined as a change in job classification to wh ich the top rate of pay (Step 5) is less than the top rate of pay (Step 5) of the employee's present classification, due to a layoff. A downgrade shall only be allowed to the appropriate classification within the employee's regression ladder, except as provided in Section 11.2(c)(5) of this Article.
e. Loss of Seniority : Employees shall lose their seniority for the following reasons:
(1) Termination, resignation, or retirement
(2) Failure to return to work when recalled from layoff as set forth in the recall procedure in Section 11.4
(3) Failure to return to work after expiration of a formal leave of absence (4) Layoff for a continuous period of two (2) consecutive years from Agency service
f. The Agency shall prepare and maintain a seniority list which shall show the names, classification, classification seniority date and Agency service seniority date of all employees covered by the Agreement. The Association shall be given one (1) copy of the list within thirty (30) calendar days after the effective date of this Agreement, a nd thereafter a current list upon request but not more than once every six (6) months. g. A seniority unit list, with the same information shall be maintained and posted for each seniority unit.
h. These lists shall be deemed correct as to an employee's seniorit y unless the employee or the Association notifies the Agency to the contrary in writing within ten (10) working days after a list is given to the Association and posted by the Agency on the bulletin boards as specified in Section 3.6. This information sha ll appear at the top of each seniority unit list.
11.2 LAYOFF, TEMPORARY LAYOFF, REDUCED WORK SCHEDULE, BUMPING
AND REGRESSION LADDER DEFINITIONS
a. Layoff: A layoff shall be defined as the dismissal of at least one employee due to lack of work, lack of funds, or abolishment of position. b. Temporary Layoffs : Shall be defined as temporary layoff due to lack of work, lack of funds, abolishment or reclassification of positions for a period of ten (10) or more work days but less than 120 work days.
c. Reduced Work Sc hedule: Reduced work schedules shall be defined as schedules that are reduced for a period of five (5) or more work days, but less than fifty - six (56) work days in a twelve month period. Work schedules may be reduced in hours up to but not more than 38.3 hours per month for a period of up to twelve (12) months due to lack of work, lack of funds, abolishment or reclassification of positions. d. Bumping: An employee who is going to be laid off pursuant to section 11.3 may bump an employee with less seniority within his/her classification regression ladder.
To bump a less senior employee the bumping employee must be qualified to perform the functions of the classification in the regression ladder.
e. Regression Ladder: A regression ladder shall be defined as a classification series through which a more senior employee may bump a less senior employee. The regression ladders are as set forth in Exhibit B. Any new classifications shall be added to applicable regression ladders at the time they are created. Before adding new classifications to the regression ladder, the Agency will meet with the Association to discuss the placement of the new classification on the ladder.
11.3 REDUCED WORK SCHEDULE, TEMPORARY LAYOFF AND PERMANENT
LAYOFF PROCEDURE
a. Notice: In the event of reduced work schedule, temporary layoff, or permanent layoff, the Agency shall first provide a list of the affected classifications and employee(s) to the Association, at least thirty (30) calendar days prior to the event. All affected employees shall be notified at least fourteen (14) calendar days prior to the effective date of the event.
All affected employee(s) shall be notified of the pending event by ce rtified mail, return receipt requested. Such notice shall be mailed to the employee's address currently on file in the Human Resources Department and shall be deemed appropriate notice.
b. Procedure: This Section provides the proc edure to be followed when an employee(s) is placed on a reduced work schedule, or temporarily or permanently laid off.
(1) Reduced Work Schedule: In the event of a reduced work schedule the Agency shall determine which classifications or departments will be affected. In the event all the employees are not affected the Agency shall reduce the work schedules of the least senior employees first in each classification affected, second by least Agency seniority, unless more senior employee(s) volunteer. (2) Temporary Layoff and Layoff : Employees with the least seniority shall be laid off first. Seniority shall apply as follows : first classification seniority, second Agency seniority. Employees shall be laid off within each classification in the following order:
1st Limited-Term
2nd Regular Part-Time Probationary
3rd Regular Full-Time Probationary
4th Regular Part-Time
5th Regular Full-Time
(3) Bumping: Within a job classification, any employee with regular status who is to be laid off or displaced shall have the right to bump, in descending order, to job classifications within his/her regression ladder, if any, provided that the employee meets the qualifications of the lower classification and can bump an em ployee in the lower classification as follows:
1st Limited-term employee with the least Agency service seniority
2nd Regular part -time employee with the least Agency
service seniority
3rd Regular full -time employee with probationary status with the least classification seniority
4th Regular full-time employee with the least
classification seniority, provided the bumping
employee has greater Agency seniority
Employees who do not wish to bump down or are unable to bump to another or lower classificati on or are not qualified to perform the functions of the classification shall be laid off. (a) If there are employees with limited -term status, the downgrading employee shall first displace such limited -term employee with the least Agency service seniority.
(b) If there are no employees with limited -term status, the downgrading employee shall then displace the employee with probationary status with the least classification seniority.
If there are no employees with limited -term or
probationary status, the downgrading employee shall then displace the employee with regular status with the least seniority, provided the downgrading employee has greater seniority.
(4) Probationary Employees : Any probationary employee who is affected by a layoff or displaced by a bumping employee shall return to the former job classification where the employee held regular status, if the employee is eligible to bump a less senior employee. If a probationary employee did not hold regular status in another job classification, the employee will be laid off without right of recall. (5) In-Lieu of Bumping : An employee may accept layoff in -lieu of the opportunity to bump by notifying the Human Resources Department within three (3) working days of receiving notice of layoff. Where the employee accepts a layoff in -lieu of bumping, said employee shall
forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
(6) Salary In Event Of Bumping: An employee who bumps down to a lower classification pursuant to this Article shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to bumping providing there is no increase in pay.
(7) Fringe Benefits: Employees laid off shall be paid vacation and other benefits pursuant to this Agreement. Employees being recalled shall have their sick leave restored.
11.4 RECALL
This section shall be followed when an employee(s) is called back to work or returned back to the classification they were bumped from. a. All laid off or bumped regular employees shall be put on a recall list. The recall list shall remain in effect for a period of two (2) years. Laid off or bumped employees shall be recalled in inverse order of the layoff or bump. b. When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on Human Resources Department records unless a mo re recent address has been furnished in writing by the bumped or laid-off employee.
c. This recall notice shall be by certified mail, return receipt requested, and the employee shall have fourteen (14) calendar days to report to work from the date of receipt of the recall notice. If said employee fails to report to work within fourteen (14) calendar days, he/she will lose all recall rights. An employee who has been bumped or laid off shall be required to meet the qualifications of the classification to which he/she is recalled.
If an employee notifies the Agency within the fourteen (14) calendar days that they need an extension to report to work the Agency may grant up to fourteen (14) additional calendar days.
d. In the event the Agency has a regular full -time opening, the Agency shall only be obligated to recall eligible laid-off or bumped employees who held regular status.
The Agency shall offer part-time or limited-term employment (not recall) to eligible laid-off or bumped employees who held regular status, but if such employee(s) accepts or refuses such employment offer there shall be no effect on the original duration of the two (2) consecutive year recall period. The Agency shall not be obligated to offer employment or recall any employee(s) to any temporary position.
e. An employee recalled to their previous classification shall be assigned at the same step previously held. If their current wage is higher than their previous step they shall be assigned to the next higher step.
f. Regular employees who were la id off because they did not wish to bump down or were unable to bump to another or lower classification or who were not qualified to perform the functions of the classification shall only have recall rights to the classification from which they were laid off.
11.5 VOLUNTARY WORK FURLOUGH/REDUCED WORKWEEK PROGRAM
a. "Work furlough" refers to a full day of unpaid leave on a variable schedule. "Reduced workweek" refers to a schedule of a full-time career employee which is modified on a regular fixed basis to less than forty (40) hours per week. b. The period of work furlough shall not exceed two (2) days of unpaid time per biweekly pay period for a 5/8 schedule or a 4/10 schedule. The reduced workweek shall not be reduced by more than twenty (20) hours of unpaid time per bi -weekly pay period. Work hours reduced in excess of 346 hours in a fiscal year will result in reduced retirement service credits.
c. Employees may be authorized to work a daily schedule of more than eight (8) hours but less than ten (10) hours. E mployees who are scheduled to work such a daily schedule shall be paid at the overtime rate of time and one-half (1-1/2) for all hours worked in excess of their regularly scheduled workday and forty (40) hours per week. d. An employee will not be permitted to use accrued paid time during such furloughed or reduced hours.
e. Employees shall receive holiday benefits as follows:
(1) Employees on reduced workweek or furlough on a recognized holiday will receive eight (8) hours or four (4) hours of holiday pay, as applicable.
(2) Employees on a reduced workweek who work on a recognized holiday will receive holiday pay plus time and one -half (1 -1/2) compensation for the hours worked.
f. The mutual agreement entered into by the employee and appointing authority or designee may provide for call-back arrangements if appropriate. Once mutual agreement is reached, the work furlough or reduced workweek shall continue in full force and effect from the effective date of the agreement until the employee or the department request to termi nate it after thirty (30) day's notice. The agreement shall be void if an employee is injured off-the-job, has exhausted all leave accruals, and has more than forty (40) consecutive hours without pay. Any change to the agreed -upon work schedule or required overtime is subject to the applicable provisions of the labor agreement, if any. g. An employee who participates in this voluntary work furlough/reduced workweek program shall receive full benefits for life insurance, accrued leave, holiday, and health and welfare benefits, including the Agency contribution, if applicable. The
application of the Agency's contribution to retirement, health and welfare benefits shall be the same as for a regular employee.
h. No employee will be coerced into accepting a voluntary furlough or reduced workweek. No employee will suffer any adverse action or negative impact on an employee evaluation due to his/her decision not to participate in a voluntary furlough or reduced workweek.
11.6 EMPLOYEES NOT COVERED BY THIS AGREEMENT
a. Where an employee holds status in a job classification not covered by this Agreement, and is laid off from that job classification, such employee shall be entitled to bump to a job classification covered by this Agreement in accordance with Section
11.3(b)(3) of this Article, provided such employee held regular status in such bargaining unit job classification not more than two (2) years prior to the effective date of the layoff.
Such employee shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to being bumped, providing there is no increase in pay.
b. When an employee is demoted to a classification in the Unit, provided there is a vacancy and the employee is qualified, the salary shall be established in accordance with Section 11.3(b)(7).
ARTICLE 12 – REIMBURSEMENTS
12.1 TUITION REIMBURSEMENT
a) Regular e mployees that have successfully passed their initial probationary period shall be eligible for tuition reimbursement up to the IRS maximum, $5,250 per calendar year for coursework related to their employment with the Agency or toward a recognized degree program app roved by the Human Resources Director. Such reimbursement shall be applicable for the actual cost of the tuition of the course, books and mandatory fees, excluding parking. Reimbursement shall be made only for coursework completed at accredited high scho ols, colleges, universities, and correspondence schools. Employees must receive Agency approval of the coursework prior to the start of such course and must receive a grade of "C" or its numerical equivalent or better, or pass in a pass/fail grading system, to be eligible for the tuition reimbursement.
Other related coursework not completed as described above shall be approved on a case- by-case basis by the department director, and shall not be subject to the grievance procedure.
b) Section 2206 of the CA RES Act modifies Section 127 of the Internal Revenue Code so that employers can pay up to $5250 to repay employee student loans during the pandemic emergency period beginning March 27, 2020, and ending December 31, 2025.
The Agency shall implement this program for the duration of this Agreement.
12.2 REGIONAL TRANSIT MONTHLY PASS
Probationary, regular, and limited -term employees who utilize the Sacramento Regional Transit District (SRTD) for home-to-work transportation are eligible to receive a one hundred percent (100%) discount on the cost of a standard SRTD monthly pass to a maximum of $100. Employees who utilize other transit systems regulated by the Public Utilities Commission or Interstate Commerce Commission shall receive reimbursement of up to one hundred percent (100%) of the cost of the pass to a maximum of $100.
Employees must submit their claim for the one hundred percent(100%) reimbursement no later than the tenth (10th) calendar day of the month for which the pass is valid to be eligible for the reimbursement.
12.3 DOWNTOWN PARKING SUBSIDY
Effective July 1, 2022 , f ull-time regular and limited -term employees who are assigned to the downtown area are eligible to receive a $$175 per month parking subsidy provided that:
a. The employee does not receive reimbursement for Sacramento Regional Transit or other bus or mass transit transportation for the same month. b. The employee is not provided free parking.
12.4 MILEAGE REIMBURSEMENT
Employees required to utilize their private vehicles for official Agency business shall be reimbursed for such use at the Internal Revenue Service (IRS) business mileage deduction rate. Mileage claims shall be paid monthly upon submission by the employee.
There shall be no minimum monthly allowance.
ARTICLE 13 – SAFETY AND UNIFORMS
13.1 HEALTH AND SAFETY
a. The Agency agrees to provide for the health and safety of the employees during the hours of their employment. In this regard, the Agency agrees that it will receive and consider written recommendations with respect to unhealthy and/or unsafe working conditions from any employee or from the Association. The employees and the Association agree that they will direct their health and safety recommendations and ideas to the Agency. The SHRA Joint Safety Committee consisting of representatives of the Agency and the Association shall meet every three (3) months, or whenever necessary, to consult on such health and safety matters. Up to three (3) Association representatives may attend such meetings without loss of pay or benefits. b. The Agency shall take all reasonable and required precautions to provide for the health and safety of its employees during hours of their employment.
13.2 HEALTH AND SAFETY EQUIPMENT
The Agency agrees to provide employees with required health and safety equipment.
13.3 UNIFORMS
The Agency agrees that if employees covered by this Agreement are required to wear uniforms, the Agency shall first meet and confer with the Association regarding the effects, if any, of this uniform requirement upon employees.
ARTICLE 14 – MISCELLANEOUS
14.1 SAVING CLAUSE
If any parts of the Agreement are found to be illegal, such illegality shall not in any way invalidate any other parts of this Agreement.
14.2 STRIKES AND LOCKOUTS
For the duration of this Agreement the Association and its members agree that it shall not call, sanction or engage in any strike, slowdown, suspension or stoppage of work activity, and the Agency agrees that it shall not cause or engage in any lockout.
14.3 CLASSIFICATION STRUCTURE CHANGES
The Agency shall give the Association thirty (30) calendar days notice prior to revising an existing classification covered by this Agreement or establishing a new classification t o be covered by this Agreement. During this thirty (30) day period the Association shall have the right to meet with the Agency to discuss the new or revised classification. After the thirty (30) day period has expired, the Agency shall have the right to establish or revise such classification.
14.4 DRIVER LICENSE AND INSURABILITY
a. An employee may be required as a condition of employment to provide a personal vehicle for Ag ency business. This requirement shall not apply to previously grandfathered employees until July 1, 2014. The grandfathered employees are those hired prior to February 9, 1991.
b. An employee who is authorized to drive an Agency vehicle or personal vehicle in the course of his/her employment shall be required as a condition of employment to maintain the required driver license for the vehicle utilized on the job and the minimum insurance on the personal vehicle which is required by State law. c. In addition, an employee who is authorized to drive an Agency vehicle in the course of his/her employment shall maintain a safe driving record such that no assigned risk or insurability penalties are applied to the Agency's insurance rates. Failure to do so will necessitate that the employee provides their personal vehicle for use on the job where possible, and in other instances, may result in disciplinary action and/or the employee payment of the increased insurance charges.
d. The employee shall notify his/her supervisor of the loss, suspension, or cancellation of his/her drivers license on the first working day following such loss.
14.5 TELEWORK PROGRAM
The Agency may establish for the term of this Agreement a TeleWork program for represented employees in accordance with the Agency’s TeleWork Program with the following exceptions:
a. The Agency will decide the classifications and positions which are feasible for a TeleWork program. The Association may recommend classifications and positions for inclusion in TeleWork.
b. The Association representative or designee shall have the opportunity to attend the meeting between the Agency and the employee at the time of the decision on a TeleWork arrangement.
c. A TeleWork arrangement may be terminated by the Agency or by the employee upon submission of written notice to the other party. Upon receipt of the written notice, the TeleWork arrangement will be terminated on a date mutually acceptable to the Agency and the emplo yee or thirty (30) calendar days from the date of written notice should there be no mutual agreement.
14.6 Retiree Health Insurance Contribution Program
The Agency’s Employee/Annuitants Health Insurance Contribution Program for employees hired on or after January 1, 2023 shall include the following to the extent allowed by CalPERS Health Rules and Legal Requirements:
a. The Agency has adopted the Retiree Medical Vesting Schedule pursuant to Government Code Section 22893 to apply only to employees first employed on or after January 1, 2023.
b. Employees hired on or before December 31, 2022 will be allowed to opt into the new vesting schedule only once during the initial enrollment period in 2022. c. The vesting schedule will match the vesting formula set for state employees and it will establish a requirement of PERS service credit which an employee must meet in order to receive the employer contribution based on the following table:
Credited Years of PERS
Service
Percentage of Employer
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
d. The retiree medical benefits of all employees first employed after January 1, 2023, shall be as set forth in Government Code Section 22893, and as such may be modified by future legislative action.
e. All additional CALPERS Health eligibility requirements shall be included in this program.
14.7 TERM
a. This Agreement shall remain in full force and effect upon approval by the Sacramento City Council and Sacramento County Board of Supervisors from July 1, 2022, through December 31, 2024.
b. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided.
SHRAEA NEGOTIATING SACRAMENTO HOUSING AND
COMMITTEE REDEVELOPMENT AGENCY
____________________________
Jason Jasmine Tracy Knighton
Chief Negotiator Chief Negotiator
____________________________
Haley Line James Shields
President Deputy Executive Director
EXHIBIT A – SALARY SCHEDULE
Sacramento Housing and Redevelopment Agency
FOR CURRENT SALARY INFORMATION VISIT:
http://agency.governmentjobs.com/shra/default.cfm?action=agencyspecs
EXHIBIT B – REGRESSION LADDERS
SHRA-EA
For employees holding regular status in the below-listed classifications, the regression is as listed within each section:
1. Principal Accountant
Accountant
Accountant Specialist
Finance Specialist – Payroll
2. Community Development Analyst - Range 2
Community Development Analyst – Range 1
3. Housing Finance Analyst--Range 3
Housing Finance Analyst--Range 2
Housing Finance Analyst--Range 1
5. Senior Housing Program Specialist
Housing Program Specialist
Housing Program Technician II
Housing Program Technician I
6. Senior Loan Servicing Analyst Loan Servicing Analyst Loan Processing Analyst
7. 8. Construction Engineer/Principal Construction Architect Principal Construction Technician
Construction Technician
9. Regulatory Compliance Analyst
Regulatory Compliance Specialist
10. 11. Real Estate Analyst
Real Estate Specialist
The following classifications do not have a regression ladder The Agency agrees to meet at any point during this contract to discuss placement of the classifications below in the regression latter:
Byer
Contact Center Agent
Compliance/Procurement Analyst
Community Development Analyst – Range 1
Compliance Analyst I
Compliance Analyst II
Community Outreach Liaison
Community Property Representative
Community Property Representative – On Site
Finance Specialist – Payroll
Housing Services Coordinator
Housing Authority Analyst
Housing Program Technician I
Housing Finance Analyst--Range 1
IT Customer Support Specialist
IT Desktop & Support Analyst
Leasing Agent
Loan Processing Analyst
Program Technician
Relocation Specialist
Regulatory Compliance Specialist
Resident Services Specialist
Sr. Leasing Agent
Exhibit B
AGREEMENT BETWEEN
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, LOCAL 146
AND
SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY
July 1, 2022 – December 31, 2024
PREAMBLE 1
ARTICLE 1 – ENTIRE AGREEMENT 3
1.1 ENTIRE AGREEMENT 3
ARTICLE 2 – RIGHTS OF MANAGEMENT 4
2.1 RIGHTS OF MANAGEMENT 4
ARTICLE 3 – UNION RIGHTS 5
3.1 UNION RECOGNITION 5
3.2 PAYROLL DEDUCTIONS 6
3.3 UNION SECURITY 7
3.4 UNION STEWARDS AND UNION REPRESENTATION 10
3.5 UNION BUSINESS 11
3.6 BULLETIN BOARDS 12
3.7 LIST OF EMPLOYEES 12
3.8 USE OF AGENCY MAIL SYSTEM 12
3.9 USE OF FACILITIES 12
3.10 NEW EMPLOYEE ORIENTATION 12
ARTICLE 4 – GRIEVANCE AND ARBITRATION PROCEDURE 13
4.1 DEFINITION 13
4.2 INTENT 13
4.3 PROCEDURE 13
4.4 GRIEVANCE TIMELINES AND LIMITATIONS 13
4.5 INFORMAL GRIEVANCE 13
4.6 FORMAL GRIEVANCE- STEP 1 14
4.7 FORMAL GRIEVANCE - STEP 2 14
4.8 FORMAL GRIEVANCE - ARBITRATION 14
ARTICLE 5 – SALARIES 16
5.1 WAGE AND SALARY ADJUSTMENTS 16
5.2 SALARY STEP INCREASE 16
5.3 Y-RATE 16
ARTICLE 6 – EMPLOYEE BENEFITS 18
6.1 HEALTH INSURANCE 18
6.2 LIFE INSURANCE 19
6.3 HEALTH INSURANCE PREMIUM ADVANCE 20
6.4 CASH OUT AND/OR CREDIT FOR UNUSED SICK LEAVE 20
6.5 PERS RETIREMENT PLAN AND CONTRIBUTION 20
6.6 DEFERRED COMPENSATION 20
6.7 FLEXIBLE SPENDING ACCOUNTS 21
6.8 OTHER EMPLOYEE BENEFITS 21
6.9 STATE DISABILITY INSURANCE 21
ARTICLE 7 – HOURS OF WORK AND OVERTIME 22
7.1 WORKDAY/WORKWEEK 22
7.2 OVERTIME 22
7.3 COMPENSATORY TIME OFF (CTO) 23
7.4 PART-TIME EMPLOYMENT 23
7.5 VOLUNTARY WORK FURLOUGH/REDUCED WORK WEEK 24
7.6 REST PERIODS 24
7.7 MAKE-UP TIME 24
ARTICLE 8 – HOLIDAYS AND LEAVES 25
8.1 HOLIDAYS 25
8.2 ANNUAL LEAVE 27
8.3 SICK LEAVE 28
8.4 COURT LEAVE/JURY DUTY 29
8.5 LEAVES OF ABSENCE WITHOUT PAY - REGULAR EMPLOYEES 29
8.6 PARENTAL LEAVE 30
8.7 CATASTROPHIC LEAVE 32
8.8 AGENCY CLOSURES 32
ARTICLE 9 – SPECIAL ALLOWANCES 34
9.1 ON-CALL PAY 34
9.2 NIGHT-SHIFT DIFFERENTIAL 34
9.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION 34
9.4 LEADWORKER PAY 35
9.5 LONGEVITY PAY 36
9.6 BILINGUAL PAY 36
ARTICLE 10 – PERSONNEL ACTIONS 37
10.1 PROBATIONARY PERIOD FOR NEW HIRES, TRANSFERS & PROMOTIONS 37
10.2 TRANSFERS 37
10.3 PROMOTIONS – REGULAR EMPLOYEES 38
10.4 DEMOTIONS 38
10.5 TRANSITION 38
10.6 DISCIPLINARY ACTION 39
10.7 IN-LIEU DISCIPLINE 39
10.8 CITIZENS COMPLAINT 40
10.9 EMPLOYEE PERSONNEL RECORDS 40
10.10 EMPLOYEE PERFORMANCE EVALUATIONS 41
ARTICLE 11 – SENIORITY AND LAYOFF 42
11.1 SENIORITY DEFINITIONS AND CLASSIFICATION TERMINOLOGY 42
11.2 LAYOFF, REDUCED WORK SCHEDULE, BUMPING, AND REGRESSION LADDER DEFINITIONS 43
11.3 REDUCED WORK SCHEDULE AND PERMANENT LAYOFF PROCEDURE 44
11.4 RECALL 46
11.5 EMPLOYEES NOT COVERED BY THIS AGREEMENT 47
ARTICLE 12 – REIMBURSEMENTS 48
12.1 TUITION REIMBURSEMENT 48
12.2 REGIONAL TRANSIT MONTHLY PASS 48
12.3 DOWNTOWN PARKING SUBSIDY 48
ARTICLE 13 – SAFETY AND UNIFORMS 49
13.1 SAFETY 49
13.2 SAFETY GLASSES 49
13.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES 49
13.4 SAFETY SHOES 50
13.5 UNIFORM CHANGES 50
ARTICLE 14 – MISCELLANEOUS 51
14.1 DISCRIMINATION CLAUSE 51
14.2 SAVING CLAUSE 51
14.3 STRIKES AND LOCKOUTS 51
14.4 CLASSIFICATION STRUCTURE CHANGES 51
14.5 CONTRACTING-OUT 51
14.6 DRIVER LICENSE AND INSURABILITY 51
14.7 JOINT LABOR/MANAGEMENT COMMITTEE 52
14.8 RETIREE HEALTH INSURANCE CONINUATION PROGRAM 52
14.9 TERM 53
ATTACHMENT 1 – SALARY SCHEDULE 56
ATTACHMENT 2 – REGRESSION LADDERS 57
1 PREAMBLE
This Agreement, hereinafter referred to as the Agreement, has been entered into by the HOUSING AND REDEVELOPMENT AGENCY OF THE CITY AND COUNTY OF SACRAMENTO, hereinafter referred to as the Agency, and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNI CIPAL EMPLOYEES, LOCAL #146, hereinafter referred to as the Union. These parties have met and conferred in good faith and this resulting Agreement has as its purpose the promotion of harmonious labor relations between the Agency and the Union, establishme nt of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work and other conditions of employment.
2 3
ARTICLE 1 – ENTIRE AGREEMENT
1.1 ENTIRE AGREEMENT
a. This Agreement, upon ratification by th e Governing Boards, supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties and concludes negotiations for its term. b. This Article shall not be construed so as to prevent the parties from mutually agreeing, in writing, to reopen a provision or provisions in this Agreement, so long as reopened provisions are specified in the parties' mutual reopened agreement and other provisions in this Agreement continue in full force and effect.
4 ARTICLE 2 – RIGHTS OF MANAGEMENT
2.1 RIGHTS OF MANAGEMENT
The Agency retains all rights not expressly abridged by this Agreement and applicable laws and other regulations, including the griev ance procedure herein. These rights, shall include, but are not limited to, the exclusive right to: a) direct, supervise, hire, promote, evaluate, suspend, discipline, discharge, transfer, assign, schedule and retain employees; b) dismiss employees due t o lack of work, lack of funds, or abolishment of position; c) determine services to be rendered, operations to be performed, utilization of technology, work and productivity standards, and methods of work to be performed; d) determine the mission of the Ag ency, its organization, the number of employees, appropriate job classifications and all budgetary matters; e) maintain and improve the efficiency and effectiveness of Agency operations; and f) take any necessary actions to carry out its mission in situations of emergency.
5 ARTICLE 3 – UNION RIGHTS
3.1 UNION RECOGNITION
a. For the purposes of meeting and conferring with respect to wages, hours, and other terms and conditions of employment, the Agency recognizes the Union as the sole and exclusive bargaining agent for all employees in the bargaining units in the following job classifications, subject to the right of an employee to represent himself/herself as provided in Government Code Section 3502.
General Clerical and Service
Account Clerk
Accounting Technician
Clerical Assistant
Customer Service Representative
Housing Assistant
Office Assistant
Office Technician
Resident Services Technician
Operations and Maintenance
Facilities Coordinator
Maintenance Coordinator
Maintenance Specialist, Alarms & Utilities
Maintenance Specialist, Stationary Engineer
Maintenance Worker
Maintenance Worker Apprentice
Resident Trainee Program Lead
b. Employment Position Status : The standing of an employee's present appointment. There are the following types of status f or employees covered by this Agreement:
Regular: The status of an employee who has been lawfully retained in a classification after completion of a probationary period.
Probationary: The status of an employee who has been appointed to a classification, b ut who has not completed the required period of fifty-two (52) weeks of continuous employment.
6 Pre-approved time off during the probationary period shall not be considered to be a break in continuous service; however, any absence exceeding fifteen (15) con tinuous work days shall extend the probationary period by an equal amount of time.
Part-Time: A position of varying duration but must be such as to work twenty (20) or more hours but less than forty (40) hours per week.
Limited-Term: The status of an emp loyee hired for a limited duration, up to a maximum of twenty-four (24) months, because of seasonal workloads, special projects, or other reason. Such employee must work within one year from each date of employment, at least 1,040 hours during a continuous period of at least six (6) months.
c. The Union will not object to the State Mediation and Conciliation Service conducting an election pursuant to the Agency's Employer-Employee Relations Policy.
3.2 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions for group insurance plans to which the Agency now is or shall hereafter be a contracting party, the Agency agrees to establish payroll deductions for members of the Union the first two (2) paydays of each month for:
(1) the normal and regular monthly membership dues;
(2) the service fees for non -members as set forth in Section 3.3 of this Agreement;
(3) insurance premiums for plans to which the Agency is not a contracting party, including Union -sponsored disability insurance premiums and automobile insurance premiums; and
(4) charitable contributions.
b. All payroll deductions set forth in Section 3.2(a) above shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth in authorization forms approved by the Agency.
Such forms shall be those which are currently used. Any changes or modifications shall be agreed upon between the Agency and the Union.
(2) Such deductions shall be made only upon submission to the Human Resources Department of said authorizatio n form duly completed and executed by the employee and the Union.
7 (3) The Union will be responsible for submitting to the Human Resources Department any changes in the amounts to be payroll deducted from the paychecks of employees who have authorization forms on file with the Agency. The Agency may devise a payroll deduction input document for use by the Union.
(4) The Agency must approve, in advance, all payroll deductions made pursuant to Section 3.2(a)(3) and (4). All insurance plans must be approved as being non-competitive and non-duplicative of Agency- offered insurance programs.
(5) The Union agrees to indemnify, defend and hold the Agency and the City of Sacramento, their officers, agents and employees harmless against any claims made, and against any suits ins tituted against them or any one of them on account of any payroll deduction made pursuant to this Article.
c. The Agency will remit to the Union a check for all the deductions. d. Solicitation and/or servicing of Union insurance and benefit programs shall not in terrupt on-duty employees nor be conducted in any Agency facility without prior approval of the Agency.
3.3 UNION SECURITY
a. Maintenance of Membership
As a condition of continued employment, employees who are members or become members of the Union shall main tain their Union membership or pay a service fee to the Union.
b. Agency Shop Election
The Union shall have the right during the term of this Agreement to call for one secret ballot election among all eligible employees in the General Clerical and Service Unit to determine the employees' desire to be covered by a full agency shop.
Eligible employees shall include all employees covered by the Agreement in the specified Unit in the bi -weekly pay period immediately preceding the Union's written request and submission of a signed petition of thirty percent (30%) of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement. The secret ballot election shall be supervised by the State M ediation and Conciliation Service. In the event a majority of the employees in the specified Unit who cast ballots and vote in favor of the agency shop agreement, the parties shall amend this Agreement to include such a provision for that Unit.
c. Service Fee
8 The service fee required in subsection (a), or in the event a full agency shop is authorized pursuant to subsection (b) shall be an amount not to exceed the Union's uniformly -applied standard initiation fee, periodic dues and general assessments. In co mputing such amounts, the Union shall exclude expenditures for members-only benefits and Union expenditures for political and ideological purposes unrelated to collective bargaining, contract administration and grievance adjustment.
Any dispute as to the service fee or the amount thereof shall be directed solely to the Union, and the Agency shall not be a party to the dispute.
No career employee who is paid for less than one hour of salary during a bi-weekly pay period and no non -career employee who is pai d for less than forty (40) hours of salary during a bi -weekly pay period shall be required to pay a service fee under either subsection (a) above or the full agency shop. Further, no employee shall be required to pay any service fee under the full agency shop through their first full calendar month of employment with the Agency. Employees exempted from the service fee under this paragraph, except career employees, shall not be covered by this Agreement while they hold such exempt status.
d. Religious Objection
Any employee otherwise required to pay a service fee under this Section, and who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations sh all not be required to join or financially support any public employee organization as a condition of continued employment. Such an employee shall be required as a condition of continued employment, in lieu of the service fee, to pay a sum equal to the se rvice fee otherwise payable under this Section to a non -religious, non- labor charitable fund exempt from taxation under Internal Revenue Code Section 501(c)(3). Upon request of the Union, such employee shall be required to submit to the Union proof of payment of the in -lieu-of service fee. For purposes of this Section, such employees shall choose from the following three (3) organizations:
United Way
Firefighters Burn Institute
Children's Receiving Home
Employees claiming a religious exemption shall be re quired to file a written statement under oath or affirmation with the Union, which identifies the religious organization by name, if any, and which provides in detail that the employee and the organization meet all of the requirements for claiming the religious exemption. e. Disclosure and Reporting
The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the Agency upon written request and to the employees covered by this Section within sixty (60) da ys after the end of its fiscal
9 year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. The Union, if required to file financial reports under the Labor -Management Disclosure Act of 1959 covering employees governed by this Agreement, or if required to file financial reports under Section 3546.5 of the Government Code, shall inst ead provide the Agency with a copy of such financial reports.
f. Hold Harmless
The Union shall promptly refund to the Agency any amounts paid to the Union in error under this Section.
The Union expressly agrees to indemnify and hold the Agency harmless from any and all claims, demands, costs (including any costs incurred by the Agency in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the Agency in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include but not be limited to employee legal actions of any sort or nature against the Agency based upon or related to this Section. Further, in the event that the Agency undertakes disciplinary action against an employee pursuant to this Section, this hold harmless and indemnity agreement shall cover all costs and expenses, including any costs incurred by the Agency in defense of a lawsuit.
g. Change of Law
In the event there is a chang e in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Section is rendered unlawful by any published appellate court decision, this Section shall be forthwith deemed amended to comply with the change or decision in question. h. Discipline Procedure
Failure to pay the required service fee under this Section constitutes cause for discharge pursuant to Section 10.4 of this Agreement. However, no employee shall be terminated under this Section unless:
(1) The Union first has notified the employee by letter, explaining that he/she is delinquent in not tendering the required service fee, or payment in lieu of service fee pursuant to subsections (c) and (d) above, specifying the current amount of the delinquency, and warning the employee that unless such service fee, or payment in lieu of service fee, is tendered within thirty (30) calendar days, the employee will be reported to the Agency for termination as provided in this Section; and
10 (2) The Union has furnished the Agency with written proof that the procedure of subsection (1) above has been followed, or has supplied the Agency with a copy of the letter sent to the employee and notice that he/she has not complied with the request. The Union must further provide, when requestin g the Agency to terminate the employee, the following written notice:
"The Union certifies that (employee's name) has failed to tender the agency shop service fee, or payment in lieu of service fee, required as a condition of employment under this Agreement and that under the terms thereof, the Agency shall terminate the employee."
i. Duty of Fair Representation
The Union shall accord fair representation in all matters to all employees in the Unit without regard to whether the particular employee is a member of the Union.
The duty of fair representation shall include, but not be limited to, all matters related to collective bargaining, discipline, contract administration, and grievance processing. j. Employee Rights
Employees covered by this Agreement sha ll have all rights specified in Government Code Section 3502.5(b).
3.4 UNION STEWARDS AND UNION REPRESENTATION
a. The Agency recognizes and agrees to deal with the accredited Union stewards and representatives of the Union in all matters relating to grievance s and the interpretation of this Agreement.
b. A
written list of officers of the Union and the Union stewards with the specific areas they represent, shall be furnished to the Agency immediately after their designation and the Union shall notify the Agency pr omptly in writing of any changes of such Union officers or stewards.
c. The number of Union stewards shall not exceed one for each twenty (20) employees within the representation unit, plus one steward for the remaining group of nineteen (19) or less employees. Any change in the number of stewards shall be made by written consent of both parties.
d. Upon request of an aggrieved employee, a steward for the representation unit of the aggrieved employee, or a representative of the Local, may investigate the specified grievance and assist in its presentation. Reasonable time shall be allowed during working hours without loss of time or pay, subject to prior notification and
11 approval of the immediate supervisor and the concurrence of the Human Resources Director through Step 2 of the grievance procedure only. e. Upon notification of the Human Resources Director, or his/her designated representative; a representative of the International and/or Local #146 who will be representing the employee in the grievance and arbitrat ion procedure, may visit the Agency at any time mutually agreeable to both parties for the purpose of preparing the case for arbitration.
f. A representative of the Agency, at its option, may accompany the parties.
In addition, the representatives and the Un ion President, or his/her designated representative, may privately interview employees, one at a time, in possession of facts relevant to the grievance. The interviews shall be held at a place provided by the Agency and for a reasonable period of time.
g. During any such visits, representatives shall not in any way interfere with the orderly and efficient operation of the Agency.
h. Notwithstanding the provisions of this Article and Article 4, Grievance and Arbitration Procedure, on all matters relating to griev ances and the interpretation of this Agreement, the Agency shall deal with only the accredited Union stewards who are career employees and those Union officers elected by the general membership of Local #146. Further, the provisions of Section 3.3(d) shal l apply to only such persons (including a paid full-time Local or International Union staff representative). i. Notwithstanding any provision of this Section, in the event the full agency shop becomes effective for either Unit during the term of this Agreemen t, the Union stewards for that Unit shall have no extensive designated responsibilities and shall not conduct any Union or representational activities, including grievance handling, on Agency time unless prior approval is expressly granted by Agency management.
3.5 UNION BUSINESS
a. A regular employee who is elected or appointed to Union office, or is selected for regular employment with the Union, shall be granted a leave of absence from the Agency without pay for a one -year period. Leave of absence for Uni on business shall count as service time for the purpose of determining seniority. b. Members of the Union Negotiating Committee shall be granted leave from duty with full benefits for the purpose of negotiating the terms of an agreement when such meetings take place at a time during which such members are scheduled to be on duty.
c. A regular employee who is elected or selected by the Union, upon written request of the President of the Union, may be granted an excused absence without pay or may use accrued vacati on hours for a period of time sufficient to attend conferences, conventions, or special training schools, subject to the needs of the Agency.
12 3.6 BULLETIN BOARDS
a. For purposes of posting Union notices, the Agency shall provide the Union with adequate space on bulletin boards in areas where the Union has employees it represents. Such notices may be posted by the Union.
b. The Agency shall provide the Union with a list of bulletin boards with adequate space for Union notices. These same bulletin boards shall be utilized for the posting of job examination announcements and seniority lists. c. In the event a dispute arises concerning the appropriateness of material posted, the President of the Union will be advised by the Human Resources Director of the nature of the dispute and the notices will be removed until the dispute is resolved.
3.7 LIST OF EMPLOYEES
Upon request of the Union, the Agency will provide the Union with a list of employees, by organization number, covered by this Agreement. The Agency shall not be obligated to provide such list more than once per calendar month.
3.8 USE OF AGENCY MAIL SYSTEM
a. The Union will be permitted reasonable use, not to exceed once per calendar month, of the Agency's mail system for Union materials to employees covered by this Agreement. The mail code shall be clearly marked on the envelope for such mail. The Agency shall not be held responsible for untimely or lost mail. b. Union will agree to use e -mail pursuant to Agency’s Technology Usage Policy.
3.9 USE OF FACILITIES
The Union can use Agency conference rooms and similar facilities for meetings with bargaining unit employees. The union agrees to provide advance notice to the Agency when requesting use of Agency facilities. Advance notice is, as soon as possible, however normally not less than five (5) business days in advance. The Union shall make such notice to the appropriate Agency official. The Agency shall have priority for the use of such facilities. The Agency may establish reasonable regulations governing the use of Agency facilities as provided by this Section.
3.10 NEW EMPLOYEE ORIENTATION
The Chapter President or designee will be informed by the Agency of any Human Resources conducted quarterly new employee orientations and will be provided a thirty (30) minute opportunity to speak to new bargaining unit orientees during the quarterly new employee orientation. This notice will include the date, time, and location of the orientation and the names of new AFSCME represented employees.
13 ARTICLE 4 – GRIEVANCE AND ARBITRATION PROCEDURE
4.1 DEFINITION
A grievance is any dispute between (a) the parties, (b) the Agency and an employee or employees, or (c) between or among employees, with respect to the meaning, interpretation, application or enforcement of this Agreement.
4.2 INTENT
It is the intent of the parties to this Agreement to anticipate and diminish causes of grievances and to settle any which arise, informally at the lowest practicable level of supervision, and as fairly and promptly as possible. Therefore , it is agreed that there should be time limits between the initiation of a grievance and its occurrence, between steps of the grievance procedure, and the time in which each answer must be given.
Any grievance not initiated, or pursued by the Union, aggr ieved employee, or the Agency, as the case may be, within these time limits, will be considered settled on the basis of the last timely demand or answer by the Agency, as the case may be, unless the time is extended by agreement of both parties. At each s tep of the grievance procedure, the Agency shall make available information necessary and pertinent to the processing of the grievance, except for any material which, in the Agency's discretion must, in the public interest be kept confidential or which is intimate and private to the grieving employee.
4.3 PROCEDURE
Grievances will be processed in the following manner and within the stated time limits.
4.4 GRIEVANCE TIMELINES AND LIMITATIONS
No matter shall be considered as a grievance unless it is presented in writing within thirty (30) calendar days after the occurrence of the events on which the grievance was based. It is the intent of this provision that a grievance shall be filed as soon as practicable. Grievance resolutions involving back pay are limi ted to thirty (30) calendar days prior to the date the grievance was filed. The only two exceptions are if there is mutual agreement by the parties to waive this provision, or for pay discrepancies that are supported by appropriate documentation.
If the Agency does not meet the time limits, the Union may process the grievance to the next step. Time limits at each step may be waived or extended by mutual agreement of the parties.
4.5 INFORMAL GRIEVANCE
The aggrieved employee or group of employees or a re presentative of the Union shall orally present the grievance to the employee's appropriate supervisor or his/her designated representative within thirty (30) calendar days following the occurrence of events on which the grievance is based. The supervisor shall respond to the grievant
14 (s) or union representative within ten (10) working days of the date of presentation of the grievance.
4.6 FORMAL GRIEVANCE- STEP 1
a. If the grievance is not resolved under Section 4.5, it shall be reduced to writing, setting forth the alleged facts or circumstances giving rise to the grievance, the applicable Section of the Agreement asserted to have been violated and the remedy or correction requested of the Agency. The written grievance must be dated and signed by the aggrieved employee.
b. The written grievance must be presented to the aggrieved employee's Department Head or the Department Head's designated representative, within ten (10) working days after the supervisor's response under Section 4.5. c. The Department Head or des ignated representative shall establish a time for a grievance meeting with the aggrieved employee and/or the Union representative to occur within ten (10) working days after receipt of the written grievance in an attempt to resolve the matter. At the grie vance meeting, the Department Head or designated representative shall receive such evidence relevant to the grievance as the aggrieved employee and/or Union representative may wish to introduce. d. The Department Head or designated representative shall then c onsider the evidence received and render a written decision within ten (10) working days after the grievance meeting.
4.7 FORMAL GRIEVANCE - STEP 2
a. If the grievance is not satisfactorily resolved at Step 1, the written grievance may be presented to the Exe cutive Director or the Executive Director's designated representative within ten (10) working days after receipt of the Department Head's written answer. The Executive Director or designated representative shall investigate and receive such evidence in th e matter as seems just and proper and may meet with the aggrieved employee and/or the Union representative in an attempt to resolve the grievance.
b. The Executive Director or designated representative shall then consider the evidence received and render a wr itten decision on the grievance within twenty (20) working days after receipt of the written grievance by the Executive Director. c. If the grievance is not resolved at Step 2, by mutual agreement of the parties, the matter may be referred to mediation by the California State Mediation and Conciliation Service.
4.8 FORMAL GRIEVANCE - ARBITRATION
a. Grievances not settled in Step 2 of the Grievance Procedure may be referred to arbitration. Only the Union may advance a grievance to arbitration. Request
15 for arbitration shall be made in writing within ten (10) working days after the Executive Director's response is given.
b. An impartial arbitrator shall be selected jointly by the Agency and the Union within thirty (30) working days of receipt of the request. The part ies shall attempt to mutually agree on an arbitrator. If the parties cannot agree on an arbitrator, they shall immediately make a joint request of the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators. The parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The arbitrator shall have access to all written statements and documents relevant to the grievance. c. The arbitrator shall render his/her decision no lat er than sixty (60) days after the conclusion of the final hearing. Such decision shall be made in writing and shall be final and binding on both parties and made in accordance with, and in conformance to, the terms of this Agreement. Copies of the decision will be furnished to both parties.
d. The arbitrator shall have no authority to add to, delete, or alter any provision of this Agreement, but shall limit his/her decision to the scope, application and interpretation of the provisions of this Agreement and shall make no decisions in violation of existing law.
e. The fees and necessary expenses of any arbitration proceedings shall be shared equally by both parties, except that each party shall pay the fees of its own counsel and/or representative. The Agency ag rees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant hereto. The Union agrees that the number of witnesses requested to attend and their scheduling shall be kept to a reasonable minimum.
f. The Union and the Agency shall provide, in writing, the names of such witnesses and Union representative (SHRA Employee) attending the arbitration proceedings at least one (1) week in advance of the proceedings. No pay shall be provided to the witnes ses or Union representative (SHRA Employee) if the Union or grievant fails to provide the one (1) week advance notice.
16 ARTICLE 5 – SALARIES
5.1 WAGE AND SALARY ADJUSTMENTS
1) Effective July 1, 2022, all AFSCME represented employees shall receive a 2% salary range increase
2) Effective July 1, 2022, all AFSCME represented employees shall receive a $500 lump sum payment
3) Effective January 6, 2023, all AFSCME classifications shall receive a 3.5% salary range increase
4) Effective January 5, 2024, all AFSCME classifications shall receive a 3.5% salary range increase.
5.2 SALARY STEP INCREASE
a. A new employee will normally receive the salary specified for Step 1 of the salary range which corresponds to his/her job classification. In special circumstances, a beginning salary above Step 1 may be authorized by the Executive Director. b. After successful completion of a Fifty-Two (52) week probationary period of continuous full -time service or part -time service, an employee may be eligible for a step increase to the next highe r step of the salary range of his/her job classification.
The date upon which the employee successfully completed the probationary period will serve as the anniversary date for further step advancements.
Pre-approved time off during the probationary perio d shall not be considered to be a break in continuous service; however, any absence exceeding fifteen (15) work days shall extend the probationary period by an equal amount of time. c. Thereafter, employees may be eligible to advance to the next higher step upon completion of a period equivalent of fifty -two (52) weeks of continuous full -time service, in accordance with 5.2(f).
d. After successful completion of fifty -two (52) weeks of continuous full -time service an employee’s advancement to a succeeding step of the salary range shall not be delayed because he/she has not received a timely evaluation. e. Succeeding step increases shall be effective on the employee’s assigned anniversary date in accordance with 5.2(c).
f. A step increase may be denied only for just cause in writing.
5.3 Y-RATE
Employees who are reclassified to classifications where the maximum rate of pay is less than the employee's salary immediately prior to the reclassification, pursuant to a classification and pay study, shall be Y -rated for twelve (1 2) months. . After the twelve month Y -rated period, the employee will be placed at a salary step within the salary
17 range of the new classification closest to the salary held by the employee prior to reclassification.
18 ARTICLE 6 – EMPLOYEE BENEFITS
6.1 HEALTH INSURANCE
Cafeteria/group insurance contribution may be used towards health and/or dental benefits.
Beginning January 1, 2022 , the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
(1) Employee Only: Lowest Cost HMO Plan at the
employee only level plus Dental DMO Plan for employee only per month (2022)
(2) Employee plus one: $1,280 per month (2022)
(3) Employee plus two or more: $1,635 per month (2022)
Beginning January 1, 2023, the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO Plan at the employee only level plus Dental DMO Plan for employee only per month
b. Employee plus one: Lowest Cost HMO Plan at the employee plus one level plus Dental DMO Plan for the employee plus one
c. Employee plus two or more: Lowest Cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more Beginning January 1, 2024, the Agency’s designated cafeteria/group insurance contribution for regular and limited-term full-time employees shall be as follows:
a. Employee Only: Lowest Cost HMO Plan at the employee only level plus Dental DMO Plan for employee only per month
b. Employee plus one: Lowest Cost HMO Plan at the employee plus one level plus Dental DMO Plan for the employee plus one c. Employee plus two or more: Lowest Cost HMO Plan at the employee plus two or more plus Dental DMO Plan for the employee plus two or more Effective January 1, 2024, allowances will be a dollar number based on the allowance set by the 2024
rates versus a formula.
Employees are required to maintain health insurance coverage or provide proof of coverage elsewhere. Employees not enrolled in an Agency -sponsored medical plan
19 shall be able to use up to $200.00 per month to purchase Agency -sponsored dental, full family vision coverage, and/or life insurance pursuant to section 6.2.
Any employee who has opted out of health insurance and is receiving an opt -out payment of $200.00 per month effective January 1, 2019, shall be entitled to continue to receive that cash opt -out amount for any period the employee continues to opt out of health insurance for the duration of the MOU. Such employees may apply any portion of the $200.00 toward the Agency-sponsored dependent care reimbursement program, life insurance pursuant to Section 6.2, the employee's share of retirement contribution (for Classic PERS member s only), and deferred compensation. No other employee is entitled to receive a cash opt out amount of any kind.
b. All employees who are regularly scheduled to a part -time position in the General Clerical and Service and the Operations and Maintenance Unit shall receive a pro rata Agency designated group insurance contribution based on the employee's regularly scheduled hours.
c. To be eligible for the Agency contribution under this Article the full-time employee must be paid for a minimum of forty (40) hou rs of work during the bi -weekly pay period for which the Agency contribution is made. If an employee fails to meet this criterion the Agency shall deduct from the employee's paycheck the amount in excess of the Agency contribution required for part -time employees by Section “c” of this article, in addition to any other employee deductions for health and dental insurance. If a deduction from the employee's paycheck cannot be made in its entirety, it is the responsibility of the individual employee to pay fo r the remaining amount. The Agency shall advance no more than three (3) months of health insurance premiums. The employee shall reimburse the Agency for all such premiums paid by the Agency on a repayment schedule not to exceed 26 pay periods.
d. All employees covered by this Agreement shall be eligible for the employee -plus- one coverage under the Vision Care Plan "A".
e. The Agency’s Cafeteria/group Insurance Contributions for employees hired on or before December 31, 2022 includes the following: The maximum health insurance contribution shall be $430.00 per month and shall continue at $430.00 per month for the duration of this Agreement. This contribution is included in the contribution amounts listed in Section 6.1(a) above.
Employees with proof of health insurance from another source may opt out of the health insurance and cafeteria plan.
6.2 LIFE INSURANCE
The Agency shall provide $10,000 life insurance for probationary, regular , and limited-term employees covered by this Agreement. The Agency agrees that subject to
20 Federal tax limitations and during the applicable open enrollment period, employees may purchase additional life insurance up to three (3) times annual salary. Such insurance may be purchased from the Agency health and dental contribution up to the Federal limit, and from employee out-of-pocket funds thereafter.
6.3 HEALTH INSURANCE PREMIUM ADVANCE
A regular or limited -term employee who is on worker's compensation and who has exhausted all leave balances and is on leave without pay, may re quest that the Agency continue elected coverage limited to the Agency's medical plan by advancing payments during such leave. The Agency may advance no more than three (3) months of health insurance premiums and the employee shall reimburse the Agency for all such premiums paid.
6.4 CASH OUT AND/OR CREDIT FOR UNUSED SICK LEAVE
Employees shall have the following option of a or b regarding sick leave cash out and/or credit at retirement with fifteen (15) years or more of Agency service:
a. Convert all accrued u nused accumulated sick leave to retirement service credit pursuant to Section 20965 of the Government Code or b. Cash out up to thirty -three and one third percent (33 1/3%) of 1040 hours of the accumulated sick leave hours and convert the balance of unused si ck leave to retirement service credit.
c. An employee who terminates employment with the Agency by any reason other than retirement shall forfeit any unused accumulated sick leave.
6.5 PERS RETIREMENT PLAN AND CONTRIBUTION
a. All employees covered by this Agreem ent that are not “new members” under the California Public Employees Pension Reform Act of 2013 (“PEPRA”) shall be in the 2% at 55 CalPERS retirement formula. The employees will pay the entire seven percent (7%) PERS member contribution for the classic CalPERS formula plan.
All current and new employees will be covered by the Public Employees’ Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013. Accordingly, all new employees hired on or after Januar y 1, 2013, who are considered “new members” under the PEPRA shall be in the 2% at 62 CalPERS retirement formula described in PEPRA. In addition, “new members” shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c).
6.6 DEFERRED COMPENSATION
Employees shall be eligible to participate in the Agency's Deferred Compensation Program.
21 6.7 FLEXIBLE SPENDING ACCOUNTS
The following flexible spending accounts shall be available to the eligible employees contingent upon the Agency passing the required non -discrimination testing each plan year.
a. Out-of-pocket costs for health and dental insurance premiums; b. Unreimbursed health care expenses as allowed by law up to $5,000 per plan year; and
c. Dependent care reimbursement.
Administrative costs shall be paid by the employees participating in Sections
6.7(b) and (c).
6.8 OTHER EMPLOYEE BENEFITS
Except as modified by this Agreement, and subject to applicable laws, the following benefits shall remain in effect during the term of this Agreement:
a. State Unemployment Insurance
b. State Disability Insurance
c. Worker's Compensation Fund
d. Social Security
e. Public Employees' Retirement System
6.9 STATE DISABILITY INSURANCE
a. The Agency shall maintain State Disability Insurance (SDI) at the employee's cost for employees in classifications represented by the Union.
The intent of this program is to enable eligible employees who file for their SDI benefits in accordance with applicable rules and procedures to integrate such SDI benefits with their own availa ble leave balances. Integration is where the SDI benefit and the monetary value of the employee's leave balance combine to provide a bi -weekly adjusted net income which is equivalent to 100% of the employee's regular net income so long as available leave balances and SDI eligibility permits.
22 ARTICLE 7 – HOURS OF WORK AND OVERTIME
7.1 WORKDAY/WORKWEEK
a. The workweek for the Agency employees shall begin at 12:01 a.m., Saturday and end at 12:00 midnight the following Friday. The workweek shall consist of five (5) days followed by two (2) consecutive days off. Regular full -time employees' workweek shall consist of forty (40) working hours during the seven (7) day period, unless otherwise allowed by other contract language.
b. The appointing authority may adjust hours of work, the workweek and lunch periods. Prior to a change in lunch periods, hours or workweek, the Agency shall give the employee and the Union fifteen (15) workdays notice. If the Agency fails to provide the fifteen (15) days’ notice , the employ ee shall be compensated at a rate of one and one-half (1-1/2) times the employee’s normal rate of pay for a period of fifteen (15) workdays.
(1) Prior to a change in hours of work, the workweek and lunch periods, the Agency shall first ask for volunteers by work location; (2) If there are no volunteers the Agency shall assign employee(s) for any change by inverse seniority by work location, unless the employee is not qualified to perform the work as determined by the Agency;
(3) If a more senior qualified employee is i nvoluntarily assigned, the Agency shall have ninety (90) days to train the less senior employee. At the end of the ninety (90) day period the less senior employee shall replace the more senior involuntarily assigned employee.
c. Alternative schedules include , but are not limited to, 9/80 schedules consisting of eight (8) days of nine (9) hours and one day of eight (8) hours in a bi - weekly pay period; 4/10 schedules consisting of four (4) days of ten (10) hours in a workweek; or other flex schedules designated by the Agency.
7.2 OVERTIME
a. Overtime shall be compensated at a rate of one and one -half (1 ½) times the employee’s normal base rate of pay.
b. Employees who work in excess of eight (8) hours per day or forty (40) hours per week shall receive overtime pay.
c. Employees who work alternate schedules (i.e. 9/80 or 4/10 schedules) shall be paid overtime for hours worked in excess of nine (9) or ten (10) hours respectively per day or forty (40) hours per week.
23 d. For the purposes of computing overtime, all paid time off shall not be considered as time worked.
e. Within each job classification, qualified regular employees on a job site shall be offered overtime work prior to the offering of overtime work to qualified other employees. Completion of a started assignment shall be the prime factor in the assignment of overtime work.
7.3 COMPENSATORY TIME OFF (CTO)
a. CTO instead of cash compensation for overtime may be granted, at the request of the employee, at the rate of one and one half (1 ½) hours paid leave for each overtime hour worked. Employees will be allowed to accrue up to forty (40) hours per year of CTO under this section. Any time accrued and used will count toward this 40 hours.
b. Any additional CTO instead of cash compensation for overtime beyond 40 hours may be gra nted, at the request of the employee and approval of the appointing authority, at the rate of one and one-half (1-1/2) hours paid leave for each overtime hour worked.
c. All CTO balances over eighty (80) but less than three hundred twenty (320) hours as of the pay period that includes December 31 will be paid annually on the third payday in the following year. Balances in excess of three hundred twenty (320) hours will be paid bi-weekly.
d. The Agency shall have the right to schedule and approve all use of CTO.
7.4 PART-TIME EMPLOYMENT
a. This Section applies to employees in part -time positions or full -time employees who request to be employed on a part -time basis. Approval of requests for part-time employment lies within the discretion of the Agency. b. Employees wor king part -time shall be scheduled to work a minimum of forty (40) hours in a bi-weekly pay period.
c. If a request to convert from full -time to part -time is approved, the employee will be assigned on a part-time basis as soon as practicable. d. A part-time employee may request to change to full -time employment by giving written notice to the Human Resources Department. Employees submitting such written request will be changed to full -time employment as vacancies in regular positions occur within their current cl assification. The part -time employee who has the earliest dated request to change to full -time employment will be given the first available vacancy.
24 e. The salary of part-time employees shall be prorated based on the number of hours worked. Vacation, sick l eave, holiday and insurance benefits will be as stated in those sections of this Agreement.
7.5 VOLUNTARY WORK FURLOUGH/REDUCED WORK WEEK
The Agency may establish a Voluntary Furlough/Reduced Work Week Policy for regular full -time employees. The voluntary work furlough/reduced work week may consist of a full day of unpaid leave on a variable schedule or a work schedule which is modified on a regular fixed basis to less than forty (40) hours per week. Employees shall apply for participation in the program pursuant to the conditions set forth in the rules and procedures governing the Agency program.
7.6 REST PERIODS
Employees will be allowed paid rest periods not to exceed fifteen (15) minutes during each four (4) consecutive hours of work. Rest periods may not be accumulated.
Such rest periods will not be scheduled within one hour of the beginning or the end of the workday or lunch period.
7.7 MAKE-UP TIME
On a limited basis for special circumstances an employee may make a written request to voluntarily al ter their assigned schedule during a particular workweek for non - reoccurring obligations outside of the workplace. The employee’s written request must include the reason(s) for the request and plan to make up the time within the workweek it is being requested. If approved in advance by an employee’s supervisor in writing, an employee may make up to a maximum of two (2) hours during the same workweek in which the time is taken. If the employee fails to make up the time, the time will be unpaid. All make-up time shall be paid at the employee’s regular rate of pay and not at the overtime rate. The Agency reserves the discretion to grant or deny any such request, and this provision is not subject to the grievance procedure.
25 ARTICLE 8 – HOLIDAYS AND LEAVES
8.1 HOLIDAYS
a. The following shall be recognized holidays for employees covered by this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February
Cesar Chavez’s Birthday Last Monday in March
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day After Thanksgiving First Friday after Thanksgiving Christmas Eve Day (4 hours) Last working day prior to observance of Christmas Day
holiday
Christmas Day December 25
Holiday Date
New Year’s Eve Day (4 hours) Last working day prior to observance of New Year’s Day
holiday
b. When one of these holidays falls on a Saturday, the employees shall be given the preceding Friday off. When one of these holidays falls on a Sunday, the employees shall be given the following Monday off.
c. Employees shall work the entire regularly s cheduled shift, or have pre - approved time off, before and after the holiday to be eligible for holiday pay. An employee who is scheduled to work on a holiday and fails to report to work shall not be entitled to holiday pay. Employees who fail to report t o work the day before or after the holiday because they are sick must provide a physician’s certification within 24 hours of reporting to work, otherwise they shall not be entitled to be paid for the holiday. In the event an employee is late for work on t he day prior to the holiday or day after the holiday for a verified reason beyond their control (such as a traffic accident), the employee shall be given the opportunity to make up the missed time within five (5) working days. Failure to make up the misse d time within five (5) work days shall result in a forfeiture of holiday pay. The makeup time shall not count as hours worked for purposes of overtime.
26 d. A regular or limited -term employee who works a holiday shall be paid eight (8) hours for the holiday p lus one and one-half (1-1/2) times of their regular rate of pay. If an employee reports to work on a holiday and does not work the entire shift, the employee will only be paid time and one -half (1-1/2) for the actual hours worked and shall not receive holiday pay for the remaining holiday hours not worked. e. Part-time employees shall receive the holiday benefit on a pro rata basis. f. Floating Holidays
In addition to the recognized holidays specified above, each employee shall receive the equivalent of three (3) floating holidays per fiscal year on an accrual basis as follows:
(1) Each regular full -time employee shall accrue floating holiday credit at the rate of. .923 hours per pay period. The employee shall accrue floating holiday credit for each pay period for whi ch the employee is paid one or more hours of salary.
(2) Part-time employees shall accrue floating holiday credit on a pro rata basis.
(3) The scheduling of floating holiday time must be approved in advance by the appointing authority or designated representative. (4) As of the end of the pay period which includes December 31, floating holiday time earned but not taken may accrue to a maximum of two (2) times the employee's yearly accrual. g. Alternate/Flex Schedule Holidays
During workweeks with one or more recognized ho lidays, holiday pay for employees working alternate or flex schedules shall be eight (8) hours for each full recognized holiday and four (4) hours for each half (1/2) recognized holiday.
Employees shall be given the option of supplementing the holiday pay for the recognized holiday with accrued holiday time, vacation accrued, or CTO in order to earn a total of forty (40) hours pay in the workweek. Employees whose regular day off falls on a recognized holiday shall, in lieu of paid time off, accrue eight (8) straight-time hours for each full holiday and four (4) straight time hours for each half (1/2) holiday falling on such scheduled day off.
27 8.2 ANNUAL LEAVE
a. All full -time regular employees shall earn annual leave at the following rate:
(1) 3.38 hours per b i-weekly pay period through three (3) years of service, to a maximum of 230 hours;
(2) 4.92 hours per bi -weekly pay period beginning with four (4) and through seven (7) years of service, to a maximum of 340 hours; (3) 5.38 hours per bi -weekly pay period with eight (8) and through ten (10) year of service, to a maximum of 360 hours;
(4) 5.69 hours per bi-weekly pay period beginning with eleven (11) and through fifteen (15) years of service, to a maximum of 400 hours; (5) 6.45 hours per bi -weekly pay period after fifteen (15 ) years of service, to a maximum of 480 hours.
b. Annual leave earned but not taken may accrue to the maximum indicated above, and thereafter no further leave shall accrue until the balance is reduced below the maximum.
c. During any calendar year in which an A FSCME represented employee has an accrued vacation balance of 160 hours or more, the employee may elect to take up to eighty (80) hours of vacation pay rather than time. d. Employee’s current leave accruals shall appear on employee’s pay stub. e. This Section sh all apply to part -time employees except that the bi -weekly accrual rate under Section 8.2(a) shall be computed on a pro rata basis. f. Employees shall not be eligible to use annual leave prior to six (6) months of service.
g. Use of vacation must be pre -approved in writing by the employee’s supervisor. In order to obtain pre -approval the employee must submit the request in writing on an Agency form to their immediate supervisor at least five (5) working days prior to the first day of absence. Last minute reques ts shall be considered on a case - by-case basis.
h. New employees who completed a 3 -6-month temporary assignment prior to gaining regular employment, start with a maximum 40 -hour bank of vacation (pro - rated) and also begin to accrue hours
28 i. New employees who we re not on a temporary assignment are allowed to borrow up to 16 hours of floating holiday to use prior to completing the six (6) months of service.
8.3 SICK LEAVE
a. Sick leave shall be accrued at the rate of 3.69 hours per pay period. b. There is no limit to the amount of sick leave which may be accrued. c. Employees may use accrued sick leave for:
(1) Absence from duty when quarantined because of exposure to a contagious disease or when incapacitated from performing duties because of a personal illness, injury, denta l work, or pregnancy; and
(2) Absence from duty for medical or dental examination or treatment under circumstances not involving quarantine or incapacity; provided, however, that such absences shall be scheduled at the discretion of the appointing authority or designee.
(3) Absence from duty when absolutely necessary for attendance upon a spouse, child, stepchild, parent, domestic partner as pursuant to State law, or close relative residing with the employee because of illness or injury which incapacitates such fam ily member and definitely requires personal care. Such absence shall be limited to forty (40) hours sick leave per year, unless otherwise expressly approved by the supervisor.
(4) Absence from duty to transport a spouse, child, stepchild, parent, domestic par tner or close relative residing with the employee, to and from a medical appointment.
(5) Absence from duty to attend during serious medical treatment or operation, including childbirth, performed upon a spouse, child, or domestic partner, as defined above.
d. An employee is allowed a maximum of forty (40) hours off if death occurs in the immediate family, unless otherwise expressly approved by the employee's supervisor. Immediate family shall be defined as the employee's mother, father, stepmother, stepfather, grandparents, spouse, domestic partner, children, stepchildren, brother, sister, and persons bearing the same relation to the employee's spouse.
Twenty four (24) hours shall be allowed off for the death of a relative not stated above who was a resident of the employee's household at the time of death. Eight (8) hours shall be allowed off for the death of a relative not stated above who was not a resident
29 of the employee's household at the time of death. Four (4) hours shall be allowed off to attend the funeral of a friend. All of this time shall be chargeable to sick leave. e. When an employee's sick leave has been depleted, annual leave shall automatically be utilized unless the employee otherwise notified the Finance Division in writing.
f. An employee who, w hile on vacation, is bedridden for three (3) or more days, or hospitalized for one or more days, due to an illness or injury may have such days charged to sick leave provided the employee submits appropriate written verification from the treating physician or the hospital in which he/she was confined. g. Annually, employees with an accumulated sick leave balance of five hundred (500) hours or more, and who have used twenty -four (24) hours or less of sick leave by the end of pay period 25 of the current calenda r year, may cash out up to sixteen (16) hours sick leave by submitting a request in writing to Human Resources no later than December 31. The cash out will be processed the next available pay period after the request is received.
h. This Article shall apply to part -time employees except that the monthly accrual rate under Section 8.3(a) shall be computed on a pro rata basis.
8.4 COURT LEAVE/JURY DUTY
For the period of time in court, on jury duty or under subpoena as a witness in a proceeding in which the empl oyee is not a party, an employee is entitled to court /jury duty leave with pay and said absence shall not be construed as annual leave or leave without pay. Any fee, other than for mileage, collected by the employee for such duty shall be collected by the employer from the employee, except that such fees collected shall not be in excess of the salary earned by the employee in the same period.
However, the employee may elect to take annual leave or leave without pay and retain any fees.
8.5 LEAVES OF ABSENCE WITHOUT PAY - REGULAR EMPLOYEES
a. A regular employee may request a leave of absence in writing to the Human Resources Manager. The request shall state specifically the reason(s) for the leave, the date when the leave is to begin, and the probable date of return. b. Upon written request and approval by the Executive Director or designee, a leave of absence without pay may be granted to any employee with regular status for a period of not to exceed one year for the following reasons:
(1) Illness or disability, in cluding pregnancy -related disability, not covered by sick leave;
(2) Union business;
30 (3) Education or training which will materially benefit the Agency; (4) Parental/child care;
(5) Other personal reasons which do not cause inconvenience to the Agency.
c. Any leave of absence granted under Section 8.5(a)(1) above shall be only for the actual period of illness, disability, or pregnancy-related disability. Any request for a leave of absence longer than the actual period of illness, disability, or pregnancy-related disability, up to the one-year maximum from the date the initial leave began under Section 8.5(a)(1), must be approved by the Executive Director or designee, and will be considered a leave under Section 8.5(a)(5). d. A regular employee on an unpaid leave of absence for one (1) year or less is eligible to return to his/her current or similar classification upon request by the employee. In all other cases the employee on leave shall not be returned to the position he/she vacated unless that position is open at the time he/ she is released to return to work. He/she shall, however, be granted preferential hiring rights for a period of one (1) year to a similar job classification.
e. If the leave of absence without pay necessitates a temporary replacement, the employee on leave s hall be returned to the position he/she vacated upon his/her return to work.
f. In the event an employee is transferred or promoted on a temporary basis for the duration of a leave of absence, such appointment shall have no effect on the status of the employe e so promoted or transferred, and he/she shall be entitled to all rights and benefits that would be provided him/her had he/she not been temporarily promoted or transferred.
g. Employees may not accrue annual leave, floating holiday, or sick leave, or receive holiday pay, while on leave of absence without pay; however, employees returning to work following a leave shall retain their accumulated sick leave and annual leave.
h. Only those leaves of absence that under the law require no loss of status, including Workers’ Compensation, shall count for the purposes of determining seniority.
All other leaves of absence over thirty (30) work days shall be deemed as a break in seniority/service.
i. All premiums required under the Agency's health and welfare program shall be paid by the employee while on leave of absence without pay.
8.6 PARENTAL LEAVE
a. A parental leave policy for both male and female employees shall be implemented, with the following provisions:
31 (1) Regular full -time employees who have completed 2080 hours of continuous service shall be eligible for a maximum Agency -paid parental leave of four (4) weeks consisting of up to one hundred - sixty (160) hours of continuous paid time off. Unused parental leave shall have no cash value.
(2) Part-time employees who have comple ted 1040 hours of continuous service shall be eligible for a maximum Agency -paid parental leave of four (4) weeks consisting of up to eighty (80) hours of continuous paid time off. Unused parental leave shall have no cash value.
(3) To be eligible for the paid leave the employee must have completed probation from the most recent date of hire preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court -appointed legal guardians and foster parents do not qualify for parental leave. (4) Eligible employees shall have the right to only one leave of absence per pregnancy or adoption regardless of the number of children involved (e.g., twins). The duration of paid leave shall not change based on a change in employment status, such as from part-time to full -time. An employee must utilize all paid leave prior to converting to unpaid leave during parental leave.
(5) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the classification last held or equivalent position.
(6) Eligible employees may extend parental leave beyond the four (4) weeks of Agency -paid leave to the maximum six (6) months of leave, upon approval by the Agency, by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday, and/or unpaid leave to their initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
(7) Parental leave shall be taken in one continuous period of absence on paid or unpaid status, and must be completed wit hin one year of the birth or adoption for which it is requested.
32 (8) Parental leave shall not commence prior to the date of birth or adoption and is separate from any disability leave which may be available to the employee.
(9) The Agency shall run Family Medical Leave Act (FMLA) concurrently with parental leave.
(10) Nothing in this provision is intended to limit or waive rights held by employees under state and federal law with regard to leaves. b. The Agency shall have the right to promulgate a policy and procedure to implement and administer parental leave.
8.7 CATASTROPHIC LEAVE
Upon request of a regular employee and upon approval of the Executive Director or designee, annual leave, CTO, vacation, and/or holiday leave may be transferred from one or more employees to an other employee, in accordance with Agency policies, and under the following conditions:
a. The receiving employee faces financial hardship due to injury or the prolonged illness of the employee.
b. The receiving employee has exhausted all leave balances. c. Each donation must be a minimum of eight (8) hours and in whole hour increments and credited as vacation or annual leave.
d. The total leave credits received by the employee shall normally not exceed five hundred and twenty (520) hours; however, if approved by the E xecutive Director, the total leave credits received may be one thousand and forty (1,040) hours. e. Donations shall be made on a form to be developed by the Agency, signed by the donating employee, and verified by the donating department. These donations are irrevocable.
f. Sick leave credits shall not be transferred under this provision. g. This Section is not subject to the Grievance and Arbitration Article of this Agreement.
8.8 AGENCY CLOSURES
The following represents mandatory closure days during which employees in the unit will be off work without pay. Employees may substitute accrued paid leave time as further discussed below during these agency closure days. These agency closure days will be in addition to the reduced work schedule provisions in Section 11.2. The Agency reserves the right to require any employee to work on an agency closure day.
33 The Agency will close all operations on the last full work week of December of each year.
The Agency may designate a skeleton crew to be maintained to provide essential services during closure days. Management shall determine which services are essential during closure days.
34 ARTICLE 9 – SPECIAL ALLOWANCES
9.1 ON-CALL PAY
Effective the first full pay period following approval by the Governing Boards, a regular e mployee who is assigned on -call duty for emergency work shall be paid $210.00 per week in addition to his/her regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay at time and one - half (1 -1/2) their ba se rate of pay. CTO shall be available for on -call overtime consistent with Article 7.3 of the MOU.
a. Effective pay period twenty -four in 2018 , the standby rate shall be $220.00 per week.
b. If an employee on standby is called and engages in problem solving which exceeds thirty (30) minutes the employee shall receive the two (2) hour minimum call - out pay or the actual time worked, whichever is greater. Additional calls within the two - hour period are covered under that minimum time paid.
c. Employees who are issued an Agency cell phone, laptop, or pager are not considered to be on standby unless assigned standby duty by the appointing authority.
9.2 NIGHT-SHIFT DIFFERENTIAL
All employees of the Agency covered by this Agreement who work five -eighths (5/8) or more of their regular shift in the period extending from 6:00 p.m. to 6:00 a.m. shall be compensated therefore by payment for the entire shift of an additional seven and one-half percent (7.5%) of their base pay for that shift. Employees who work less than five-eighths (5/8) of their regular work shift in the period extending from 6:00 p.m. to 6:00 a.m. shall be compensated for those hours worked (to the nearest one-half hour) within this period by payment of an additional seven and one-half percent (7.5%) of their base pay for such hours.
9.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION
a. When it is required by the Department Head or designee that an employee perform seventy -five percent (75%) or more of the duties of a position in a higher classification, payment f or such out -of-classification work shall be five percent (5%) above the regular base pay of the employee, providing such pay shall be a minimum of Step 1 of the higher classification, and no more than the maximum of Step 5 of the higher classification.
b. When approved by the Department Head or designee an employee who performs less than seventy -five percent (75%) of the duties of a higher classification shall be paid a minimum of three percent (3%) above their regular base pay. c. No position will be filled by " temporary work in a higher classification" for more than six (6) months, except as follows:
35 (1) Illness
(2) Vacation relief
(3) Sick leave relief
(4) Leave of absence
(5) During the recruitment process
(6) Conditions of extended emergency
d. The Agency agrees not to abuse or circumv ent the application or intent of this Section, including the establishment of new positions. e. Out-of-classification pay, as stated in Section 3.4(a) shall not apply to part- time or limited term employees unless such out-of-classification work is being performed on an unsupervised (non-trainee) basis.
If an employee is assigned to work out -of-classification the day before and the day after a holiday, sick leave, or vacation, such time off with pay shall be at the out- of-classification rate of pay.
9.4 LEADWORKER PAY
When the appointing authority designates a leadworker assignment, in writing, as a Leadworker, that employee shall receive an additional five percent (5%) to base pay for the first six (6) months, thereafter an additional five percent (5%).
When openings occur in a leadworker assignment, regular employees who are in a classification at the same salary range of the assignment may request to fill that assignment. The requests to fill an open leadworker assignment shall not be arbitrarily or capriciously denied. The assignment shall be made on the basis of the most qualified applicant. Where two (2) or more employees request the assignment and their qualifications are not significantly different, the senior employee will be given the assignment. All employees requesting the assignment will receive an approved or denied letter following each leadworker assignment opportunity that falls into the category of the request.
For an employee to be considered for a leadworker assignment under this section a w ritten request, on a form provided by the Agency, must be filed with the Human Resources Department. Such leadworker assignment requests shall be valid through December 31 of each calendar year.
The Agency reserves the right to end a lead worker assignment at any time.
36 9.5 LONGEVITY PAY
a. Employees who have been employed by the Agency for a period of twenty (20) to twenty -four (24) years on January 1 of each year shall receive longevity pay of $350 on the second payday of January.
b. Employees who have been employed by the Agency for a period of twenty-five (25) to twenty-nine (29) years on January 1 of each year shall receive $ 550 on the second payday of January.
c. Employees who have been employed by the Agency for a period of thirty (30) years or more on Janu ary 1 of each year shall receive $750 on the second payday of January.
9.6 BILINGUAL PAY
a. The Agency may authorize bilingual pay when it is determined to be necessary for the operation. The Agency shall determine what languages are appropriate for such pay and the number of employees to be certified. To be eligible for bilingual pay the employee must be determined to be verbally proficient, and if necessary for the assignment, proficient in the written language. The Agency will arrange the certification and testing process and authorize the bilingual pay. b. Bilingual pay shall be compensated at the rate of five percent (5%) above the regular base pay for any period in which the employee is certified. An employee who is receiving bilingual pay shall provide assistance to any Agency operation as needed or when directed.
c. The certification period will be two (2) years from the date of certification only. At the end of the certification period the Agency may or may not recertify the employee under paragraph “a” above.
37 ARTICLE 10 – PERSONNEL ACTIONS
10.1 PROBATIONARY PERIOD FOR NEW HIRES, TRANSFERS & PROMOTIONS a. Effective July 1, 2022, a ll bargaining unit employees will serve an initial probationary period of fifty-two 52) weeks of full-time service employment. This fifty-two (52) week period will be used to determine if performance of the employee is satisfactory and if employment should be continued.
b. Probationary employees hired prior to July 1, 2022, will continue to serve their 26-week probationary period.
c. The probationary period may be extended by reason of any absence, which exceeds fifteen (15) working days that may occur during the probationary period in an amount of time equal to the length of the absence.
d. Probationary period can be extended for up to a maximum of twelve (12) weeks by the appointing authority.
e. A probationary employee may be extended or released from his/her position at the discretion of the appointing authority at any time during the probationary period with no right of appeal or grievance.
f. Any regular employee who is promoted and subsequently released from the new job classification while serving the probationary period shall be reinstated to the job classification from which promoted where regular status was held or to a comparable position, unless the reason for release would be just cause for dismissal.
10.2 TRANSFERS
a. When openings occur in a particular job assignment, regular employees who are in a classification at the same salary range of the vacant position may request to be transferred to that assignment. A vacancy or vacancies resulting from the transfer(s) herein may not be subject to this procedure. The requests for transfer shall not be arbitrarily or capriciously denied. Transfers shall be made on the basis of the most qualified applicant. Where two (2) or more employees request transfers and their qualifications are not significantly different, the senior employee will be given the transfer.
All employees requesting a transfer will receive an approved or denied letter fol lowing each transfer opportunity that falls into the category of the request. b. For an employee to be considered for transfer under this section a written transfer request, on a form provided by the Agency, must be filed with the Human Resources Department. Such transfer request shall be valid through December 31 of each calendar year.
c. The Agency will maintain a transfer request list. The Agency will provide the transfer list to the Union upon request.
38 d. An employee shall be given ten (10) working days notice prior to a permanent involuntary transfer and will not serve a new probationary period. Temporary involuntary transfers due to emergency situations and/or business necessity shall not be subject to the ten (10) day notice requirement. The Agency will no t intentionally use temporary involuntary transfers to circumvent the notice requirement.
10.3 PROMOTIONS – REGULAR EMPLOYEES
a. Promotional examinations are open to all regular employees who meet the basic qualifications for the higher position. Any employe e, upon promotion shall be entitled to receive in the position to which he/she is promoted, the rate of compensation next higher than that received by him/her prior to this promotion; provided that the amount of such increase shall be at least equal to one full in-grade salary step, but in no case shall the new rate exceed the maximum rate of the higher classification. b. All job examination announcements shall be posted on the bulletin boards as specified in Section 3.6 at least ten (10) working days prior to the closing of the filing period. Job announcements may be posted for less than ten (10) working days with the written consent of the Union.
c. Where an employee of the Agency applies for a promotional position within the Agency and does not meet the minimu m qualifications of the higher classification, such employee shall be notified in writing which minimum qualification(s) were not met within three (3) working days of the end of the posting period or five (5) working days prior to the interview process.
d. Within any job examination process, all employees who meet the minimum qualifications of a higher job classification covered by this Agreement shall be eligible for the job -related examination process. The Agency agrees that the Human Resources Manager shal l oversee the administration of the promotional examination process by conducting employee recruitment, application testing and certification, and it is his/her responsibility to insure that the process is properly conducted. The current top five (5) name s on the eligible list from the most recent examination process shall be granted interviews for each vacancy in said higher job classification. The promotion shall be given to the most qualified candidate without regard to relative position on the list. If two (2) or more candidates are equally qualified, seniority shall be the determining factor in the promotion.
10.4 DEMOTIONS
An employee who is demoted voluntarily or involuntarily to a classification with a lower salary range shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to demotion providing there is no increase in pay.
10.5 TRANSITION
Upon approval of the Executive Director or his/her designee, any part -time or limited-term employee holding regular status may be considered for appointment to a
39 regular position. Qualifying employees shall be subject to a performance appraisal or interview to determine ranking. Where performance of two (2) or more qualifying employees is equally satisfactory, the employee having the most Agency service shall be selected. Regular status shall be granted without further examination. Such appointment may be made only to an entry -level classification covered by this Agreement, or to the employee's current classification where such classification is within a flexibly staffed classification series.
10.6 DISCIPLINARY ACTION
a. Employees shall be disciplined only for just cause. Disciplinary action or measures may include the following:
(1) Written reprimand
(2) Suspension
(3) Reduction within salary range
(4) Demotion
(5) Discharge
b. A letter of reprimand shall not be arbitratable. An employee may have an administrative review of the reprimand by submitting a request in writing, to the Executive Director or designee, within fourteen (14) days after receipt of the letter. c. Discharge for cause – No warning notice or other disciplinary action is required prior to termination for theft of money, working under the influence of alcohol or drugs, gross insubordination or acts of viole nce, abusive or reckless conduct which threatens or endangers the health or safety of other persons. d. A written reprimand and any written rebuttal submitted by the employee shall be removed from an employee's personnel files if the employee has worked for a two (2) consecutive year period subsequent to receipt of the written reprimand without receipt of any additional disciplinary action as listed under Section 10.4(a).
10.7 IN-LIEU DISCIPLINE
By mutual agreement between the appointing authority or designee and the employee, an employee suspended from duty without pay may forfeit accumulated holiday, compensating time off, and/or vacation credits equal to the number of hours of suspension in lieu of such suspension. If the suspension is reduced or reversed a t the conclusion of the grievance process, the Agency shall reinstate the forfeited credits.
This provision shall not be subject to the grievance procedure.
40 10.8 CITIZENS COMPLAINT
a. The Agency agrees not to take any disciplinary action against any employee under Section 10.6 of this Agreement based upon a complaint from a tenant or other member of the public unless and until such complaint is reduced to writing and signed by the complainant. Such written complaint shall specifically allege what acts by an employee are complained of.
b. If a tenant or other member of the public files a written complaint with the Agency complaining of the actions of any employee, the Agency shall provide a copy of a complaint to the employee and shall afford an opportunity for a written reply by the employee to the matter complained of in such complaint. The complaint, the employee's reply, and any Agency action based on the complaint, shall become a part of the employee's personnel file.
10.9 EMPLOYEE PERSONNEL RECORDS
a. Employee personnel records shall be subject to inspection only by the employee concerned and authorized Agency personnel except as otherwise provided by law. Upon notification and approval of the employee's supervisor, an employee shall be entitled to make an app ointment for and review his/her personnel records at the Human Resources Department for a reasonable time during regular hours. Upon proper request, such permission shall not be unreasonably withheld. No persons shall be allowed, other than those stated in this Section, to inspect an employee's personnel record without the express written authorization of the employee. b. The employee's signing of any detrimental or adverse document or materials to be placed in the employee's personnel record will not indica te an agreement by the employee as to the contents of the document or materials. Such signing does indicate the employee has had an opportunity to review the detrimental or adverse document or material.
However, the employee may submit a written rebuttal to be placed in his/her personnel record and attached to the detrimental or adverse document or material. The rebuttal shall remain a part of the detrimental or adverse document or material for as long as the document remains in the employee's personnel r ecord.
Rebuttals submitted by employees that contain profanity, discourteous, or defaming language toward the supervisor and/or Agency or that do not address the subject matter shall not be allowed and will be returned to the employee with an explanation. c. An employee shall be provided with a copy of a performance appraisal, disciplinary letter, any adverse/detrimental document, or letter of commendation within seven (7) calendar days after the employee makes a written request for a copy of such document.
41 10.10 EMPLOYEE PERFORMANCE EVALUATIONS
a. Each Agency department shall have the right to conduct employee performance appraisals on a department -wide basis for all employees at the discretion of the appointing authority.
b. Probationary employees shall receive no less than two (2) performance evaluations, at reasonable intervals, during the probationary period. c. A regular employee who is rated as needs improvement or unsatisfactory on his/her performance evaluation may, within fourteen (14) calendar days from the date of the performance evaluation, informally appeal to his/her supervisor. d. Appeals on employee performance evaluations are not subject to the grievance procedure. Employees may submit a written rebuttal to a performance evaluation in accordance with Section 10.9b. of the MOU. e. Employees not on probation who have not reached the top step of the pay scale shall be evaluated no less than once a year. In the event the evaluation is not performed, it is understood that the employee’s performance is satisfactor y and shall automatically receive a salary step increase effective on the salary anniversary date.
42 ARTICLE 11 – SENIORITY AND LAYOFF
11.1 SENIORITY DEFINITIONS AND CLASSIFICATION TERMINOLOGY a. Agency Service Seniority : Agency service seniority shall be def ined as the period of continuous service from the effective date of hire to any limited -term, part- time or full-time position.
(1) If two (2) or more regular employees have the same seniority date the Agency shall flip a coin to determine the more senior emplo yee.
The Agency shall ask one of the employees to call heads or tails and the outcome of the call shall determine the more senior employee.
(2) A part-time employee’s time shall be pro -rated to establish Agency or classification seniority. For example, a ful l-time and part -time employee hired on the same date, and have both worked for three (3) continuous years, the full -time employee working forty (40) hours per week will have accrued three (3) years of seniority and the part -time employee working twenty (20 ) hours per week will have accrued one and one-half (1-1/2) years of seniority. b. Classification Seniority: Classification seniority shall apply only to regular employees and shall be defined as the length of continuous regular service from the effective date of probationary appointment to the employee's present job classification including any time spent in a higher classification less any time spent in a lower job classification due to a downgrade.
c. Higher Classification: Higher classification shall mean a job classification in which the top rate of pay (Top Step) is greater than the top rate of pay (Top Step ) of the employee's present job classification.
d. Downgrade: Downgrade shall mean a job classification in which the top rate of pay (Top Step ) is lowe r than the top rate of pay (Top Step) of the employee’s present job classification.
e. Continuous Regular Service : Continuous regular service shall mean regular service without a break in service of more than thirty (30) calendar days. The effective date of appointment shall be recalculated to the new date after a break of thirty (30) or more calendar days.
f. Break In Service : Break in service shall mean an unpaid absence which exceeds thirty (30) or more calendar days.
g. Loss of Seniority: An employee’s seniority shall be terminated and his/her rights under this agreement shall be forfeited for the following reasons:
(1) Termination, resignation, or retirement
43 (2) Failure to return to work when recalled from layoff as set forth in the recall procedure in Section 11.3(g)
(3) Failure to return to work after expiration of a formal leave of absence
(4) Layoff for two (2) continuous years
h. The Agency shall prepare, maintain, and post a seniority list which shall show the names, classification, classification seniority date and Agency service seniority date of all employees covered by the Agreement. The Union shall be given one (1) copy of the list within thirty (30) calendar days after the effective date of this Agreement, and thereafter a current list every six (6) months.
i. These lists shall be deemed correct as to an employee's seniority unless the employee or the Union notifies the Agency to the contrary in writing within ten (10) working days after a list is given to the Union and posted by the Agency on the bulletin boards as spe cified in Section 3.6. This section shall be posted at the top of the seniority list.
11.2 LAYOFF, REDUCED WORK SCHEDULE, BUMPING, AND REGRESSION
LADDER DEFINITIONS
a. Layoff: A layoff shall be defined as the dismissal of at least one employee due to lack of work, lack of funds, or abolishment of position. b. Reduced Work Schedule: Reduced work schedules shall be defined as schedules that are reduced for a period of up to three (3) days per month, but not more than thirty-six (36) days in a twelve-month period. Work schedules may be reduced in hours up to but not more than twenty -four (24) hours per month for a period of up to twelve (12) months due to lack of work, lack of funds, abolishment or reclassification of positions.
c. Bumping: An employee laid off pur suant to section 11.2 may bump an employee with less seniority within the classification regression ladder. To bump a less senior employee the bumping employee must be qualified to perform the functions of the classification.
d. Regression Ladder : A regress ion ladder shall be defined as a classification series through which a more senior employee may bump a less senior employee. The regression ladders are as set forth in Exhibit B. Any new classifications shall be added to applicable regression ladders at the time they are created.
44 11.3 REDUCED WORK SCHEDULE AND PERMANENT LAYOFF PROCEDURE a. This Section provides the procedure to be followed when an employee(s) is to be placed on a reduced work schedule or permanently laid off. The Agency shall determine the timing of the event, the number of employees affected, and in which classification(s) the event will occur.
b. Notice of Layoff In the event of reduced work schedule or layoff, the Agency shall first provide a list of the affected classifications and employe e(s) to the AFSCME President at least forty-five ( 45) days prior to the event. All affected employees shall be notified at least fourteen (14) days prior to the effective date of the event.
All affected employee(s) shall be notified of the pending event b y certified mail, return receipt requested. Such notice shall be mailed to the employee’s address currently on file in the Human Resources Department and shall be deemed appropriate notice.
c. Procedure: This section provides the procedure to be followed whe n an employee(s) is placed on a reduced work schedule or permanently laid off. (1) Reduced Work Schedule : In the event the Agency implements a reduced work schedule the Agency shall determine which
classifications or departments will be affected. In the even t all the employees are not affected the Agency shall reduce the work schedules of the least senior employees first in each classification affected, second by least Agency seniority, unless more senior employee(s) volunteer. More senior employees affected by reduced work schedules may bump less senior employees in other departments.
(2) Permanent Layoffs: Employees with the least seniority shall be laid off first. Seniority shall apply as follows: first classification seniority, second Agency seniority. Em ployees shall be laid off within each classification in the following order:
1st Limited-Term – Probationary
2nd Regular Part-Time Probationary
3rd Regular Full-Time Probationary
4th Limited Term
5th Regular Part-Time
6th Regular Full-Time
45 (3) Bumping: Wi thin a job classification, any employee with regular status who is to be laid off shall have the right to bump, in descending order, to job classifications within his/her regression ladder, if any, provided that the employee meets the qualifications of the lower classification and can bump an employee in the lower classification as follows:
1st Limited-term employee with the least Agency service seniority
2nd Part-time employee with the least Agency service
seniority
3rd Employee with probationary status wi th the least
classification seniority
4th Regular employee with the least
classification seniority, provided the bumping
employee has greater Agency seniority
Employees who do not wish to bump down or are unable to bump to another or lower classification o r are not qualified to perform the functions of the lower classification shall be laid off. (4) Probationary Employee : Any probationary employee who is affected by a layoff or displaced by a bumping employee shall return to the former job classification where the employee held regular status, if the employee is eligible to bump a less senior employee. If a probationary employee did not hold regular status in another job classification, he/she will be laid off without right of recall.
(5) In-Lieu of Bumping : An e mployee may accept layoff in lieu of the opportunity to bump by notifying the Human Resources Department within three (3) working days of receiving notice of layoff. Where the employee accepts a layoff in lieu of a bumping, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
(6) Salary in Event of Bumping : An employee who bumps down to a lower classification pursuant to this Article shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to bumping provided there is no increase in pay.
46 (7) Fringe Benefits : Employees laid off shall be paid vacation and other benefits pursuan t to this Agreement. Employees being recalled shall have their sick leave restored.
11.4 RECALL
This section shall be followed when an employee(s) is called back to work or returned back to the classification they were laid off or bumped from. a. All bumped or laid off employees shall be put on a recall list. The recall list shall remain in effect for a period of two (2) years. Bumped or laid off employees shall be recalled in inverse order of the bump or layoff. b. When a vacancy exists and employees are to b e recalled, notice of the opening(s) shall be sent to the mailing address as shown on Human Resources Department records unless a more recent address has been furnished in writing by the employee.
c. This recall notice shall be by certified mail, return rece ipt requested, and the employee shall have fourteen (14) calendar days to report to work from the date of receipt of the recall notice. If said employee fails to report to work within fourteen (14) calendar days, he/she will lose all recall rights. An em ployee who has been bumped or laid off shall be required to meet the qualifications of the classification to which he/she is recalled.
If an employee notifies the Agency within the fourteen (14) calendar days that they need an extension to report to work, the Agency may grant up to fourteen (14) additional calendar days.
d. The Agency shall only be obligated to recall eligible laid -off or bumped employees who held regular status to regular position openings. The Agency shall offer part-time or limited -term em ployment (not recall) to eligible laid -off or bumped employees who held regular status, but if such employee(s) accepts or refuses such employment offer there shall be no effect on the original duration of the two (2) consecutive year recall period. The A gency shall not be obligated to offer employment or recall any employee(s) to any temporary position.
e. An employee recalled to their previous classification shall be assigned at the same step previously held. If their current wage is higher than their prev ious step they shall be assigned to the next higher step.
f. Regular employees who were laid off because they did not wish to bump down or were unable to bump to another or lower classification or who were not qualified to perform the functions of the classif ication shall only have recall rights to the classification they were laid off from.
47 11.5 EMPLOYEES NOT COVERED BY THIS AGREEMENT
a. Where an employee holds status in a job classification not covered by this Agreement, and is laid off from that job classific ation, such employee shall be entitled to bump to a job classification covered by this Agreement in accordance with Section
11.3(c)(3) of this Article, provided such employee held regular status in such bargaining unit job classification not more than two (2) years prior to the effective date of the layoff.
Such employee shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to being bumped, provided there is no increase in pay.
b. When an empl oyee is demoted to a classification in the Unit, provided there is a vacancy and the employee is qualified, the salary shall be established in accordance with Section 11.5 (a).
48 ARTICLE 12 – REIMBURSEMENTS
12.1 TUITION REIMBURSEMENT
Employees with regular status shall be eligible for tuition reimbursement up to the IRS maximum, $ 5,250 per calendar year for coursework related to their employment with the Agency or toward a recognized degree program approved by the Human Resources Director. Such reimburseme nt shall be applicable for the actual cost of the tuition of the course, books and mandatory fees, excluding parking. Reimbursement shall be made only for coursework completed at accredited high schools, colleges, universities, and correspondence schools. Employees must receive Agency approval of the coursework prior to the start of such course and must receive a grade of "C" or its numerical equivalent or better to be eligible for the tuition reimbursement.
12.2 REGIONAL TRANSIT MONTHLY PASS
Probationary, regular, and limited -term employees who utilize the Sacramento Regional Transit District (SRTD) for home -to-work transportation are eligible to receive a hundred percent (100%) discount on the cost of a SRTD monthly pass to a maximum of $100. Employees who utilize other transit systems regulated by the Public Utilities Commission or Interstate Commerce Commission shall receive reimbursement of one hundred percent (100%) of the cost of the pass to a maximum of $100. Employees must submit their claim for the hundred percent (100%) reimbursement no later than the tenth (10th) calendar day of the month for which the pass is valid to be eligible for the reimbursement.
12.3 DOWNTOWN PARKING SUBSIDY
Full-time regular and limited-term employees who are assigned to the downtown area are eligible to receive a $175 per month parking subsidy provided that:
a. The employee does not receive reimbursement for Sacramento Regional Transit or other bus or mass transit transportation for the same month. b. The employee is not provided free parking.
49 ARTICLE 13 – SAFETY AND UNIFORMS
13.1 SAFETY
a. The Agency agrees to provide for the safety of the employees during the hours of their employment. In this regard, the Agency agrees that it will receive and consider written recommendation s with respect to unsafe working conditions or other safety ideas in the area of working conditions from any employee or from the Union.
The employees and the Union agree that they will direct their safety recommendations and ideas to the Agency. The SHRA Joint Safety Committee consisting of representatives of the Agency and the Union shall meet every three (3) months, or whenever necessary, to consult on such safety matters. Up to three (3) Union representatives may attend such meetings without loss of pay or benefits. b. The Agency shall take all reasonable and required precautions to provide for the safety of its employees during hours of their employment.
13.2 SAFETY GLASSES
a. It shall be mandatory for employees to wear safety glasses where such glasses ar e required to be worn by the Agency. Employees who wear prescription glasses shall be required to wear protective eyewear supplied by the Agency or prescription safety glasses. The Agency shall provide non -prescription safety glasses for employees.
b. Employees are free to purchase prescription safety glasses from any source the employee chooses. The Agency will reimburse the employee for the purchase of prescription safety glasses up to a maximum cost of $ 250 for one pair of glasses every two (2) years.
c. To be eligible for the above reimbursement, the employee must obtain prior authorization from his/her supervisor before purchasing the required safety glasses, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursemen t. The Agency maintains the right to specify the standards for non-prescription safety glasses. Further, prescription safety glasses shall conform in all respects to the U.S.A. Safety Standards for Head, Eye and Respiratory Protection, and the prescription shall not be more than twenty-four (24) months old. d. The cost of any eye examination and special or cosmetic frames shall be paid by the employee.
13.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES
a. The Agency agrees to repair or replace prescription safety glass es damaged or destroyed while the employee is actively at work provided that the employee furnishes satisfactory proof to the Agency of such loss.
50 b. The prescription shall not be more than twenty -four (24) months old to qualify for reimbursement under this Article. All costs to update the prescription shall be borne by the employee.
13.4 SAFETY SHOES
a. Where the Agency requires that safety shoes be worn by employees as a condition of employment, the Agency shall reimburse said employees for the cost of an acceptable safety shoe up to a maximum of $250 per pair (including insoles), each calendar year. To be eligible for this reimbursement, the employee must obtain prior authorization from his/her supervisor before purchasing safety shoes and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. b. Employees, including but not limited to the following classifications of Maintenance Specialist, Maintenance Lead, Maintenance Technician, Maintenance Worker, Resident Trainee Pr ogram Lead, and Semi -Skilled Laborer shall be eligible for safety shoe reimbursement.
c. The Agency maintains the right to specify the type of required safety shoe and to require employees in other classifications to wear safety shoes.
13.5 UNIFORM CHANGES
Where the Agency requires that uniforms be worn, the Agency agrees to provide five (5) pant changes per week and five (5) shirt changes per week for employees in the Operations and Maintenance Unit. The Mail/Photocopy Services Clerk shall be provided five (5) pant and five (5) shirt changes per week.
51 ARTICLE 14 – MISCELLANEOUS
14.1 DISCRIMINATION CLAUSE
The Agency agrees to maintain a non-discrimination policy that forbids discrimination and/or harassment based on any protected category pursuant to the title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, political affiliation and/or, Union membership or activity.
14.2 SAVING CLAUSE
If any parts of the Agreement are found to be illegal, such illegality shall not in any way invalidate any other parts of this Agreement.
14.3 STRIKES AND LOCKOUTS
For the duration of this Agreement the Union and its members agree that it shall not call, sanction or engage in any strike, slowdown, suspension or stoppage of work activity, and the Agency agrees that it shall not cause or engage in any lockout.
14.4 CLASSIFICATION STRUCTURE CHANGES
The Agency agrees to advise the Union in writing at least thirty (30) days prior to the implementation of any change in the employer's existing classif ication structure affecting classifications represented by the Union.
14.5 CONTRACTING-OUT
a. The Agency shall not contract out for goods and services performed by bargaining unit employees which will result in any career employee being laid off without prior consultation with the Union concerning the impact on the terms and conditions of employment of employees covered by this Agreement.
b. Any layoffs resulting from the Agency's action shall be made pursuant to the layoff provisions of this Agreement. The Agenc y will request that a contractor performing any services contracted out pursuant to provision a. consider hiring any employees laid off as a result of the contracting out.
14.6 DRIVER LICENSE AND INSURABILITY
a. An employee who is authorized or required to dr ive an Agency vehicle or personal vehicle in the course of his/her employment shall be required as a condition of employment to maintain the required driver license for the vehicle utilized on the job and the minimum insurance on the personal vehicle which is required by State law. b. In addition, an employee who is authorized or required to drive an Agency vehicle in the course of his/her employment shall maintain a safe driving record such that no assigned risk or other insurability penalties are applied to the Agency's insurance rates. Failure to do so will necessitate that the employee provide their personal vehicle for use on the job where possible, and in other instances, may result in disciplinary action and/or the employee payment of the increased insurance charges.
52 c. The employee shall notify his/her supervisor of the loss, suspension, or cancellation of his/her drivers license on the first working day following such loss.
14.7 JOINT LABOR/MANAGEMENT COMMITTEE
To facilitate communications between the parties and to promote a climate conducive to constructive employee relations, a joint Labor/Management Committee shall be established. The responsibility of the Committee will consist of labor relations matters not covered by this agreement including affirmative action and safety issues. Employee members shall suffer no loss of compensation during official meetings of the Labor/Management Committee.
Ground Rules shall be established prior to the first meeting and the agreed upon rules shall govern all proceeding meetings.
14.8 Retiree Health Insurance Continuation Program
The Agency’s Employee/Annuitants Health Insurance Contribution Program for employees hired on or after January 1, 2023 shall include the following to the extent allowed by CalPERS Health Rules and Legal Requirements:
a. The Agency has adopted the Retiree Medical Vesting Schedule pursuant to Government Code Section 22893 to apply only to employees first employed on or after January 1, 2023.
b. Employees hired on or before December 31, 2022 will be allowed to opt into the new vesting schedule only once during the initial enrollment period in 2022. c. The vesting schedule will match the vesting formula set for state employees and it will establish a requirement of PERS service credit which an employee must meet in order to receive the employer contribution based on the following table:
Credited Years of PERS
Service
Percentage of Employer
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
53 d. The retiree medical benefits of all employees first employed after January 1, 2023, shall be as set forth in Government Code Section 22893, and as such may be modified by future legislative action.
e. All additional CALPERS Health eligibility requirements shall be included in this program.
14.9 TERM
a. This Agreement shall remain in full force and effect upon approval by the Sacramento City Council and Sacramento Board of Supervisors from July 1, 2022 through December 31, 2024.
b. .
c. The provisions of this A greement shall be effective on the effective date stated above except as otherwise specifically provided.
54 AFSCME LOCAL #146 SACRAMENTO HOUSING AND
Negotiating Committee REDEVELOPMENT AGENCY
____________________________ ___________________________ Wendy Pelletier Tracy Knighton
Chief Negotiator Chief Negotiator
____________________________
Jennifer Caldwell James Shields
President/Chief Negotiator Deputy Executive Director
55 56
ATTACHMENT 1 – SALARY SCHEDULE
Sacramento Housing and Redevelopment Agency
FOR CURRENT SALARY INFORMATION VISIT:
http://agency.governmentjobs.com/shra/default.cfm?action=agencyspecs
57 ATTACHMENT 2 – REGRESSION LADDERS
AFSCME
For employees holding regular status in the below -listed classifications, the regression is as listed within each section:
1. Accounting Technician
Account Clerk
Office Assistant
2. Office Technician
Office Assistant
3. Housing Assistant*
4. Maintenance Specialist
Maintenance Worker
5. Resident Services Technician
Housing Assistant*
The following classifications do not have a regression ladder:
Customer Service Representative
Clerical Assistant
Facilities Coordinator
Maintenance Coordinator
Maintenance Worker Apprentice
Resident Trainee Program Lead
*Agency service seniority must be utilized to downgrade into these classifications.
Exhibit C
CLASSIFICATIONS CODE UNIT RANGE EFFECTIVE MIN-ANNUAL 7.1.22 MAX-ANNUAL 7.1.22 ACCOUNT CLERK 502 5 D 07/01/2022 40,065.80$ 51,134.62$ ACCOUNTANT 602 6 HH 07/01/2022 63,976.28$ 81,651.63$ ACCOUNTANT SPECIALIST 601 6 EE 07/01/2022 47,739.79$ 60,928.95$ ACCOUNTING TECHNICIAN 503 5 E 07/01/2022 44,172.26$ 56,376.15$ ASSISTANT AGENCY CLERK 657 6 G 07/01/2022 55,265.01$ 70,533.92$ BUYER 611 G GG 07/01/2022 58,028.31$ 74,059.83$ CD ANALYST-RANGE 1 603 6 GG 07/01/2022 58,028.31$ 74,059.83$ CD ANALYST-RANGE 2 604 6 I 07/01/2022 67,174.47$ 85,734.16$ CLERICAL ASSISTANT 526 5 B 07/01/2022 32,961.95$ 42,068.57$ COMMUNITY OUTREACH LIASON 686 6 FF 07/01/2022 52,632.80$ 67,174.47$ COMMUNITY PROPERTY REP 676 6 FF 07/01/2022 52,632.80$ 67,174.47$ COMMUNITY PROPERTY REP-OS 677 6 LA2 07/01/2022 38,811.00$ 38,811.00$ COMPLIANCE ANALYST-RANGE 1 678 6 GG 07/01/2022 58,028.31$ 74,059.83$ COMPLIANCE ANALYST-RANGE 2 679 6 HH 07/01/2022 63,976.28$ 81,651.63$ COMPLIANCE/PROCUREMENT ANALYST 617 6 HH 07/01/2022 63,976.28$ 81,651.63$ CONSTRUCTION TECHNICIAN 632 6 HH 07/01/2022 63,976.28$ 81,651.63$ CONTACT CENTER AGENT 685 6 DD 07/01/2022 42,050.89$ 53,667.99$ CUSTOMER SERV REPRESENTATIVE 560 5 CC 07/01/2022 38,157.71$ 48,700.08$ FACILITIES COORDINATOR 557 5 I 07/01/2022 67,175.51$ 85,734.16$ FINANCE SPECIALIST-PAYROLL 618 6 EE 07/01/2022 47,739.79$ 60,928.95$ GIS ANALYST 664 6 I 07/01/2022 67,174.47$ 85,734.16$ HOUSING ASSISTANT 518 5 CC 07/01/2022 38,157.71$ 48,700.08$ HOUSING AUTHORITY ANALYST 646 6 H 07/01/2022 60,928.95$ 77,762.62$ HOUSING FINANCE ANALYST-RANGE1 606 6 HH 07/01/2022 63,976.28$ 81,651.63$ HOUSING FINANCE ANALYST-RANGE2 609 6 J 07/01/2022 74,059.83$ 94,521.38$ HOUSING FINANCE ANALYST-RANGE3 635 6 K 07/01/2022 81,651.63$ 104,209.59$ HOUSING PROGRAM SPECIALIST 647 6 G 07/01/2022 55,265.01$ 70,533.92$ HOUSING PROGRAM TECHNICIAN I 665 6 DD 07/01/2022 42,050.89$ 53,667.99$ HOUSING PROGRAM TECHNICIAN II 667 6 E1 07/01/2022 46,360.22$ 59,169.63$ HOUSING SERVICES COORDINATOR 674 6 FF 07/01/2022 52,632.80$ 67,174.47$ IT CUST SERVICES SUPPORT SPEC 642 6 GG 07/01/2022 58,028.31$ 74,059.83$ IT DESKTOP & SUPPORT ANALYST 682 6 I 07/01/2022 67,174.47$ 85,734.16$ LOAN SERVICING ANALYST 625 6 HH 07/01/2022 63,976.28$ 81,651.63$ MAINTENANCE COORDINATOR 558 5 HH 07/01/2022 63,976.28$ 81,651.63$ MAINTENANCE SPECIALIST 551 5 H 07/01/2022 59,194.68$ 75,549.36$ MAINTENANCE WORKER 559 5 D 07/01/2022 40,065.60$ 51,134.62$ MAINTENANCE WORKER APPRENTICE 561 5 B1 07/01/2022 33,109.69$ 34,083.50$ OFFICE ASSISTANT 512 5 C 07/01/2022 36,340.13$ 46,381.03$ OFFICE TECHNICIAN 536 5 D 07/01/2022 40,065.80$ 51,134.62$ PRINCIPAL ACCOUNTANT 651 6 J 07/01/2022 74,059.83$ 94,521.38$ PRINCIPAL CONSTRUCTION TECH 654 6 I 07/01/2022 67,174.47$ 85,734.16$ PROCUREMENT SPECIALIST 687 6 GG 07/01/2022 58,028.31$ 74,059.83$ PROGRAM LEAD 684 6 HH 07/01/2022 63,976.28$ 81,651.63$ PROGRAM TECHNICIAN 627 6 FF 07/01/2022 52,632.80$ 67,174.47$ REAL ESTATE ANALYST 660 6 HH 07/01/2022 63,976.28$ 81,651.63$ REAL ESTATE SPECIALIST 655 6 GG 07/01/2022 58,028.31$ 74,059.83$ REGULATORY COMPLIANCE ANALYST 659 6 HH 07/01/2022 63,976.28$ 81,651.63$ REGULATORY COMPLIANCE SPEC 658 6 G 07/01/2022 55,265.01$ 70,533.92$ RELOCATION SPECIALIST 680 6 FF 07/01/2022 52,632.80$ 67,174.47$ RESIDENT SERVICES TECHNICIAN 507 5 D 07/01/2022 40,065.80$ 51,134.62$ RESIDENT TRAINEE PROGRAM LEAD 556 5 E 07/01/2022 44,172.26$ 56,376.15$ SECTION 3 COORDINATOR 675 6 HH 07/01/2022 63,976.28$ 81,651.63$ SENIOR HOUSING PROGRAM SPEC 681 6 HH 07/01/2022 63,976.28$ 81,651.63$ SENIOR LEASING AGENT 673 6 LA2 07/01/2022 38,811.00$ 38,811.00$ SENIOR LOAN SERVICING ANALYST 669 6 J 07/01/2022 74,059.83$ 94,521.38$ SALARY SCHEDULE FOR REPRESENTED CLASSIFICATIONS - 2% Range Adjustment SALARY SCHEDULE FOR REPRESENTED CLASSIFICATIONS - 3.5% Range Adjustment CLASSIFICATIONS CODE UNIT RANGE EFFECTIVE MIN-ANNUAL 1.6.23 MAX-ANNUAL 1.6.23 ACCOUNT CLERK 502 5 D 01/06/2023 41,468.11$ 52,924.33$ ACCOUNTANT 602 6 HH 01/06/2023 66,215.45$ 84,509.44$ ACCOUNTANT SPECIALIST 601 6 EE 01/06/2023 49,410.69$ 63,061.46$ ACCOUNTING TECHNICIAN 503 5 E 01/06/2023 45,718.29$ 58,349.32$ ASSISTANT AGENCY CLERK 657 6 G 01/06/2023 57,199.28$ 73,002.61$ BUYER 611 6 GG 01/06/2023 60,059.30$ 76,651.93$ CD ANALYST-RANGE 1 603 6 GG 01/06/2023 60,059.30$ 76,651.93$ CD ANALYST-RANGE 2 604 6 I 01/06/2023 69,525.57$ 88,734.86$ CLERICAL ASSISTANT 526 5 B 01/06/2023 34,115.62$ 43,540.97$ COMMUNITY OUTREACH LIASON 686 6 FF 01/06/2023 54,474.94$ 69,525.57$ COMMUNITY PROPERTY REP 676 6 FF 01/06/2023 54,474.94$ 69,525.57$ COMMUNITY PROPERTY REP-OS 677 6 LA2 01/06/2023 40,169.39$ 40,169.39$ COMPLIANCE ANALYST-RANGE 1 678 6 GG 01/06/2023 60,059.30$ 76,651.93$ COMPLIANCE ANALYST-RANGE 2 679 6 HH 01/06/2023 66,215.45$ 84,509.44$ COMPLIANCE/PROCUREMENT ANALYST 617 6 HH 01/06/2023 66,215.45$ 84,509.44$ CONSTRUCTION TECHNICIAN 632 6 HH 01/06/2023 66,215.45$ 84,509.44$ CONTACT CENTER AGENT 685 6 DD 01/06/2023 43,522.67$ 55,546.37$ CUSTOMER SERV REPRESENTATIVE 560 5 CC 01/06/2023 39,493.23$ 50,404.59$ FACILITIES COORDINATOR 557 5 I 01/06/2023 69,526.65$ 88,734.86$ FINANCE SPECIALIST-PAYROLL 618 6 EE 01/06/2023 49,410.69$ 63,061.46$ GIS ANALYST 664 6 I 01/06/2023 69,525.57$ 88,734.86$ HOUSING ASSISTANT 518 5 CC 01/06/2023 39,493.23$ 50,404.59$ HOUSING AUTHORITY ANALYST 646 6 H 01/06/2023 63,061.46$ 80,484.31$ HOUSING FINANCE ANALYST-RANGE1 606 6 HH 01/06/2023 66,215.45$ 84,509.44$ HOUSING FINANCE ANALYST-RANGE2 609 6 J 01/06/2023 76,651.93$ 97,829.63$ HOUSING FINANCE ANALYST-RANGE3 635 6 K 01/06/2023 84,509.44$ 107,856.92$ HOUSING PROGRAM SPECIALIST 647 6 G 01/06/2023 57,199.28$ 73,002.61$ HOUSING PROGRAM TECHNICIAN I 665 6 DD 01/06/2023 43,522.67$ 55,546.37$ HOUSING PROGRAM TECHNICIAN II 667 6 E1 01/06/2023 47,982.83$ 61,240.57$ HOUSING SERVICES COORDINATOR 674 6 FF 01/06/2023 54,474.94$ 69,525.57$ IT CUST SERVICES SUPPORT SPEC 642 6 GG 01/06/2023 60,059.30$ 76,651.93$ IT DESKTOP & SUPPORT ANALYST 682 6 I 01/06/2023 69,525.57$ 88,734.86$ LOAN SERVICING ANALYST 625 6 HH 01/06/2023 66,215.45$ 84,509.44$ MAINTENANCE COORDINATOR 558 5 HH 01/06/2023 66,215.45$ 84,509.44$ MAINTENANCE SPECIALIST 551 5 H 01/06/2023 61,266.49$ 78,193.59$ MAINTENANCE WORKER 559 5 D 01/06/2023 41,467.90$ 52,924.33$ MAINTENANCE WORKER APPRENTICE 561 5 B1 01/06/2023 34,268.53$ 35,276.43$ OFFICE ASSISTANT 512 5 C 01/06/2023 37,612.04$ 48,004.37$ OFFICE TECHNICIAN 536 5 D 01/06/2023 41,468.11$ 52,924.33$ PRINCIPAL ACCOUNTANT 651 6 J 01/06/2023 76,651.93$ 97,829.63$ PRINCIPAL CONSTRUCTION TECH 654 6 I 01/06/2023 69,525.57$ 88,734.86$ PROCUREMENT SPECIALIST 687 6 GG 01/06/2023 60,059.30$ 76,651.93$ PROGRAM LEAD 684 6 HH 01/06/2023 66,215.45$ 84,509.44$ PROGRAM TECHNICIAN 627 6 FF 01/06/2023 54,474.94$ 69,525.57$ REAL ESTATE ANALYST 660 6 HH 01/06/2023 66,215.45$ 84,509.44$ REAL ESTATE SPECIALIST 655 6 GG 01/06/2023 60,059.30$ 76,651.93$ REGULATORY COMPLIANCE ANALYST 659 6 HH 01/06/2023 66,215.45$ 84,509.44$ REGULATORY COMPLIANCE SPEC 658 6 G 01/06/2023 57,199.28$ 73,002.61$ RELOCATION SPECIALIST 680 6 FF 01/06/2023 54,474.94$ 69,525.57$ RESIDENT SERVICES TECHNICIAN 507 5 D 01/06/2023 41,468.11$ 52,924.33$ RESIDENT TRAINEE PROGRAM LEAD 556 5 E 01/06/2023 45,718.29$ 58,349.32$ SECTION 3 COORDINATOR 675 6 HH 01/06/2023 66,215.45$ 84,509.44$ SENIOR HOUSING PROGRAM SPEC 681 6 HH 01/06/2023 66,215.45$ 84,509.44$ SENIOR LEASING AGENT 673 6 LA2 01/06/2023 40,169.39$ 40,169.39$ SENIOR LOAN SERVICING ANALYST 669 6 J 01/06/2023 76,651.93$ 97,829.63$ Exhibit C
CLASSIFICATIONS CODE UNIT RANGE EFFECTIVE MIN-ANNUAL 1.5.24 MAX-ANNUAL 1.5.24 ACCOUNT CLERK 502 5 D 01/05/2024 42,919.49$ 54,776.68$ ACCOUNTANT 602 6 HH 01/05/2024 68,532.99$ 87,467.27$ ACCOUNTANT SPECIALIST 601 6 EE 01/05/2024 51,140.06$ 65,268.61$ ACCOUNTING TECHNICIAN 503 5 E 01/05/2024 47,318.43$ 60,391.55$ ASSISTANT AGENCY CLERK 657 6 G 01/05/2024 59,201.26$ 75,557.70$ BUYER 611 6 GG 01/05/2024 62,161.38$ 79,334.75$ CD ANALYST-RANGE 1 603 6 GG 01/05/2024 62,161.38$ 79,334.75$ CD ANALYST-RANGE 2 604 6 I 01/05/2024 71,958.97$ 91,840.58$ CLERICAL ASSISTANT 526 5 B 01/05/2024 35,309.67$ 45,064.91$ COMMUNITY OUTREACH LIASON 686 6 FF 01/05/2024 56,381.57$ 71,958.97$ COMMUNITY PROPERTY REP 676 6 FF 01/05/2024 56,381.57$ 71,958.97$ COMMUNITY PROPERTY REP-OS 677 6 LA2 01/05/2024 41,575.31$ 41,575.31$ COMPLIANCE ANALYST-RANGE 1 678 6 GG 01/05/2024 62,161.38$ 79,334.75$ COMPLIANCE ANALYST-RANGE 2 679 6 HH 01/05/2024 68,532.99$ 87,467.27$ COMPLIANCE/PROCUREMENT ANALYST 617 6 HH 01/05/2024 68,532.99$ 87,467.27$ CONSTRUCTION TECHNICIAN 632 6 HH 01/05/2024 68,532.99$ 87,467.27$ CONTACT CENTER AGENT 685 6 DD 01/05/2024 45,045.96$ 57,490.50$ CUSTOMER SERV REPRESENTATIVE 560 5 CC 01/05/2024 40,875.49$ 52,168.75$ FACILITIES COORDINATOR 557 5 I 01/05/2024 71,960.08$ 91,840.58$ FINANCE SPECIALIST-PAYROLL 618 6 EE 01/05/2024 51,140.06$ 65,268.61$ GIS ANALYST 664 6 I 01/05/2024 71,958.97$ 91,840.58$ HOUSING ASSISTANT 518 5 CC 01/05/2024 40,875.49$ 52,168.75$ HOUSING AUTHORITY ANALYST 646 6 H 01/05/2024 65,268.61$ 83,301.26$ HOUSING FINANCE ANALYST-RANGE1 606 6 HH 01/05/2024 68,532.99$ 87,467.27$ HOUSING FINANCE ANALYST-RANGE2 609 6 J 01/05/2024 79,334.75$ 101,253.67$ HOUSING FINANCE ANALYST-RANGE3 635 6 K 01/05/2024 87,467.27$ 111,631.91$ HOUSING PROGRAM SPECIALIST 647 6 G 01/05/2024 59,201.26$ 75,557.70$ HOUSING PROGRAM TECHNICIAN I 665 6 DD 01/05/2024 45,045.96$ 57,490.50$ HOUSING PROGRAM TECHNICIAN II 667 6 E1 01/05/2024 49,662.23$ 63,383.99$ HOUSING SERVICES COORDINATOR 674 6 FF 01/05/2024 56,381.57$ 71,958.97$ IT CUST SERVICES SUPPORT SPEC 642 6 GG 01/05/2024 62,161.38$ 79,334.75$ IT DESKTOP & SUPPORT ANALYST 682 6 I 01/05/2024 71,958.97$ 91,840.58$ LOAN SERVICING ANALYST 625 6 HH 01/05/2024 68,532.99$ 87,467.27$ MAINTENANCE COORDINATOR 558 5 HH 01/05/2024 68,532.99$ 87,467.27$ MAINTENANCE SPECIALIST 551 5 H 01/05/2024 63,410.82$ 80,930.36$ MAINTENANCE WORKER 559 5 D 01/05/2024 42,919.27$ 54,776.68$ MAINTENANCE WORKER APPRENTICE 561 5 B1 01/05/2024 35,467.93$ 36,511.10$ OFFICE ASSISTANT 512 5 C 01/05/2024 38,928.46$ 49,684.52$ OFFICE TECHNICIAN 536 5 D 01/05/2024 42,919.49$ 54,776.68$ PRINCIPAL ACCOUNTANT 651 6 J 01/05/2024 79,334.75$ 101,253.67$ PRINCIPAL CONSTRUCTION TECH 654 6 I 01/05/2024 71,958.97$ 91,840.58$ PROCUREMENT SPECIALIST 687 6 GG 01/05/2024 62,161.38$ 79,334.75$ PROGRAM LEAD 684 6 HH 01/05/2024 68,532.99$ 87,467.27$ PROGRAM TECHNICIAN 627 6 FF 01/05/2024 56,381.57$ 71,958.97$ REAL ESTATE ANALYST 660 6 HH 01/05/2024 68,532.99$ 87,467.27$ REAL ESTATE SPECIALIST 655 6 GG 01/05/2024 62,161.38$ 79,334.75$ REGULATORY COMPLIANCE ANALYST 659 6 HH 01/05/2024 68,532.99$ 87,467.27$ REGULATORY COMPLIANCE SPEC 658 6 G 01/05/2024 59,201.26$ 75,557.70$ RELOCATION SPECIALIST 680 6 FF 01/05/2024 56,381.57$ 71,958.97$ RESIDENT SERVICES TECHNICIAN 507 5 D 01/05/2024 42,919.49$ 54,776.68$ RESIDENT TRAINEE PROGRAM LEAD 556 5 E 01/05/2024 47,318.43$ 60,391.55$ SECTION 3 COORDINATOR 675 6 HH 01/05/2024 68,532.99$ 87,467.27$ SENIOR HOUSING PROGRAM SPEC 681 6 HH 01/05/2024 68,532.99$ 87,467.27$ SENIOR LEASING AGENT 673 6 LA2 01/05/2024 41,575.31$ 41,575.31$ SENIOR LOAN SERVICING ANALYST 669 6 J 01/05/2024 79,334.75$ 101,253.67$ Exhibit CSALARY SCHEDULE FOR REPRESENTED CLASSIFICATIONS - 3.5% Range Adjustment Exhibit C
EXEMPT CLASSIFICATIONS CODE UNIT RANGE EFFECTIVE MIN-ANNUAL MAX-ANNUAL AGENCY CLERK-RANGE 1 215 2 7 01/01/2022 62,487.00$ 96,938.00$ AGENCY CLERK-RANGE 2 214 2 10 01/01/2022 72,337.38$ 112,219.38$ AGENCY COUNSEL-RANGE 1 218 2 9 01/01/2022 68,892.84$ 106,875.60$ AGENCY COUNSEL-RANGE 2 219 2 14 01/01/2022 87,926.04$ 136,402.56$ AGENCY COUNSEL-RANGE 3 220 2 18 01/01/2022 106,875.60$ 165,798.96$ ASSET MANAGER 250 2 16 01/01/2022 96,938.76$ 150,383.70$ ASSISTANT DIRECTOR 116 1 20 01/01/2022 117,830.40$ 182,793.18$ CHIEF FINANCIAL OFFICER 131 1 24 01/01/2022 143,223.30$ 222,185.58$ CONFIDENTIAL ADMIN ASSISTANT 403 4 C9 01/01/2022 43,602.96$ 67,642.32$ CONFIDENTIAL ADMIN SPECIALIST 404 4 C10 01/01/2022 45,782.70$ 71,024.64$ CONFIDENTIAL CLERK 412 4 C3 01/01/2022 32,536.98$ 50,475.72$ CONTRACTS ADMINISTRATOR 246 2 7 01/01/2022 62,487.24$ 96,938.76$ DEPUTY EXECUTIVE DIRECTOR 101 1 24 01/01/2022 143,223.30$ 222,185.58$ DIRECTOR-RANGE 1 108 1 21 01/01/2022 123,721.92$ 191,932.38$ DIRECTOR-RANGE 2 105 1 24 01/01/2022 143,223.30$ 222,185.58$ ENGINEERING PROJECT MANAGER 236 2 13 01/01/2022 83,739.96$ 129,907.20$ EXECUTIVE ASSISTANT 411 4 C10 01/01/2022 45,782.70$ 71,024.64$ EXECUTIVE DIRECTOR 100 1 ED 01/01/2022 236,801.00$ 333,203.00$ FINANCE ANALYST 243 2 7 01/01/2022 62,487.24$ 96,938.76$ GENERAL COUNSEL 102 1 25 01/01/2022 150,383.70$ 233,295.42$ GRANT WRITER 241 2 7 01/01/2022 62,487.24$ 96,938.76$ HUMAN RESOURCES ANALYST 402 4 C15 01/01/2022 58,431.72$ 90,646.38$ HUMAN RESOURCES ASSISTANT 410 4 C3 01/01/2022 32,536.98$ 50,475.72$ HUMAN RESOURCES SPECIALIST 406 4 C10 01/01/2022 45,782.70$ 71,024.64$ HUMAN RESOURCES TECHNICIAN 405 4 C9 01/01/2022 43,602.96$ 67,642.32$ IT APPLICATIONS & SUPP ANALYST 254 2 10 01/01/2022 72,337.38$ 112,219.38$ IT APPLICATIONS/DEV ANALYST 248 2 10 01/01/2022 72,337.38$ 112,219.38$ IT BUSINESS ANALYST 242 2 10 01/01/2022 72,337.38$ 112,219.38$ IT MANAGER 209 2 18 01/01/2022 106,875.60$ 165,798.96$ IT NETWORK/MIDRANGE SPECIALIST 249 2 12 01/01/2022 79,751.76$ 123,721.92$ MAINTENANCE SUPERVISOR 257 2 8 01/01/2022 65,612.52$ 101,785.80$ MANAGEMENT ANALYST 231 2 10 01/01/2022 72,337.38$ 112,219.38$ MANAGER IN TRAINING 299 2 01 01/01/2022 46,629.30$ 72,337.38$ PORTFOLIO MANAGER 255 2 17 01/01/2022 101,785.80$ 157,903.14$ PROGRAM INTEGRITY ANALYST 325 2 2 01/01/2022 48,961.02$ 75,954.30$ PROGRAM MANAGER 205 2 17 01/01/2022 101,785.80$ 157,903.14$ PROJECT COORDINATOR 252 2 7 01/01/2022 62,487.24$ 96,938.76$ PROJECT MANAGER 251 2 16 01/01/2022 96,938.76$ 150,383.70$ PUBLIC INFORMATION OFFICER 202 2 13 01/01/2022 83,739.96$ 129,907.20$ REAL ESTATE ADMINISTRATOR 260 2 10 01/01/2022 72,337.38$ 112,219.38$ REAL ESTATE COORDINATOR 239 2 4 01/01/2022 53,979.42$ 83,739.96$ REGIONAL MANAGER 256 2 8 01/01/2022 65,612.52$ 101,785.80$ RESIDENT SERVICES SUPERVISOR 326 2 4 01/01/2022 53,979.42$ 83,739.96$ RESIDENT TRAINEE SUPERVISOR 307 2 1 01/01/2022 46,629.30$ 72,337.38$ SECTION 3 ADMINISTRATOR 253 2 7 01/01/2022 62,487.24$ 96,938.76$ SENIOR HUMAN RESOURCES ANALYST 245 2 9 01/01/2022 68,892.84$ 106,875.60$ SENIOR MANAGEMENT ANALYST 235 2 12 01/01/2022 79,751.76$ 123,721.92$ SENIOR PROGRAM ANALYST 240 2 4 01/01/2022 53,979.42$ 83,739.96$ SITE MANAGER I 302 2 1 01/01/2022 46,629.30$ 72,337.38$ SITE MANAGER II 301 2 4 01/01/2022 53,979.42$ 83,739.96$ STAFF MANAGER 247 2 13 01/01/2022 83,739.96$ 129,907.20$ SUPERVISOR 304 2 8 01/01/2022 65,612.52$ 101,785.80$ SALARY SCHEDULES FOR SHRA EXEMPT AND CONFIDENTIAL CLASSIFICATIONS - No Change Updated 10-15-19
RESOLUTION NO. 2022 -
Adopted by the Housing Authority of the City of Sacramento
on date of
ELECTING TO ADOPT PUBLIC AGENCY VESTING UNDER
SECTION 22893 OF THE PUBLIC EMPLOYEES’ MEDICAL
AND HOSPITAL CARE ACT
BACKGROUND
A. The Sacramento City Housing Authority is a contracting agency under Government Code Section 22920 and subject to the Public Employees' Medical and Hospital Care Act (the “Act”).
B. Government Code Section 22893 provides that a contracting agency subject to the Act may file a resolution with the Board of the California Public Employees’ Retirement System to provide a postretirement health benefits vesting requirement to employees who retire for service in accordance with Government Code Section 22893.
C. Sacramento City Housing Authority certifies, some or all employees are represented by a bargaining unit and there is an applicable memorandum of understanding.
D. The credited service of an employee for purposes of determining the percentage of employer contribution applicable under Government Code Section 22893 shall mean service as defined in Government Code Section 20069, except that not less than five years of that service shall be performed entirely with the Sacramento City Housing Authority.
E. The employer contribution for active employees cannot be less then what is defined in Government Code Section 22892(b).
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE HOUSING AUTHORITY OF THE CITY OF SACRAMENTO RESOLVES AS FOLLOWS:
Section 1. All evidence presented having been duly considered, the findings, including environmental findings regarding this action, as stated above, are found to be true and accurate and are hereby approved adopted.
Section 2. That employees first hired on or af ter the effective date of this resolution shall be subject to the requirements defined in Government Section 22893, except that the employer may, once each year without discrimination, allow all employees who were first employed before Government Code Sect ion 22893 became applicable to the employer to individually elect to be subject Updated 10-15-19
to the provisions of Government Code Section 22893, an d the employer shall notify the Board which employees have made that election.
Section 3. That the employer contribution for each annuitant subject to vesting shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:
but not less than the amounts prescribed by Section 22893(a)(1), plus administrative fees and Contingency Reserve Fund assessments.
Section 4. That the percentage of employer contribution payable for post ‐retirement health benefits for each annuitant shall be based on the employee’s completed years of credited service based upon the table in Government Code Section 22893.
Section 5. Sacramento City Housi ng Authority has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above.
Section 6. That the participation of the employees and annuitants of Sacramento City Housing Authority shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publ ication of final Regulations pursuant to such Section. If it is determined that Sacramento City Housing Authority would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, the California Public Employees’ Retirement System may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.
Section 7. That the executive body appoint and direct, and it does hereby appoint and direct, La Shelle Dozier, Executive Director, to file with the Board a verified copy of this resolution, and to perform on behalf of Sacramento City Housing Authority all functions required of it under the Act.
Section 8. That coverage under the Act be effective on January 1, 2023.
Medical Group Monthly Employer Health
Contribution for Vesting
001 Managerial, Exempt 100/90 State Annuitant Amounts
002 Program Managers, Exempt 100/90 State Annuitant Amounts 003 Supervisory 100/90 State Annuitant Amounts
004 Confidential 100/90 State Annuitant Amounts
005 Op, Main, Clerical, Serv 100/90 State Annuitant Amounts 006 Administrative Technical 100/90 State Annuitant Amounts