2023 MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
TERM
x July 1, 2023 – June 30, 2026
WAGES
x Fiscal Year 2023-2024
6.00%
general wage increase effective the first full pay period in Fiscal Year 2023-2024 following union ratification an d Council approval in open session.
Effective the first full pay period in Fiscal Year 2023-2024 following union ratification and Council approval in open session, all salary ranges for employees holding positions in classifications as signed to MEF shall be increased by approximately 6.00%.
o In lieu of retroactivity, employees represented by MEF shall receive a one-time, non-pensionable lump sum payment based on their benefi t l
evel as follows:
Benefit Level Amount of One-Time
Non-Pensionable
Lump Sum Payment
35.00+ Hour Benefit Level $1,200.00
30.00 – 34.00 Hour Benefit Level $900.00
25.00 – 29.00 Hour Benefit Level $750.00
20.00 – 24.00 Hour Benefit Level $600.00
Part-Time Unbenefited Employees $300.00
To receive
this lump sum payment as a benefited employee, the
employee (1) must have been employ ed by the City on June 25, 2023, and (2) must be employed as of th e date the payment is made. To receive this lump sum payment as a part-time unbenefited employee, the employee (1) must have been employed by the City on June 25, 2023, (2) must have worked at least 100 hour s of regular time between June 25, 2023, and September 2, 2023, and (3) must be employed as of the date the payment is made. This payment shall be made during second full pay period following Council approval in open session.
x Fiscal Year 2024-2025
4. 00% general wage increase effective the first full pay period of Fiscal Year 2024-2025. Effective the first full pay period of Fiscal Year 2024-2025, all salary ranges for employees holding positions in classifications assigned to MEF shall be increased by approximately 4.00%.
1.00% general wage increase effective the first full pay period in January 2025.
Effective the first full pay period in January 2025, all salary ranges for employees holding positions in classifications as signed to MEF shall be increased by approximately 1.00%.
Attachment D
2023 MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
x Fiscal Year 2025-2026
3.50% general wage increase effective the first full pay period of Fiscal Year 2025-2026. Effective the first full pay period of Fiscal Year 2025-2026, all salary ranges for employees holding positions in classifications assigned to MEF shall be increased by approximately 3.50%.
If the revised 5-Year Forecast includ ed as part of the 2025-2026 Proposed Operating Budget includes a $10 million dollar surplus or more in Fiscal Year 2025-2026, the general wage increase effective the first full pay period of Fiscal Year 2025-2026, for employees holding po sitions in classifications assigned to MEF shall be 4.00%.
WAGES AND SPECIAL PAY
x Public Safety Radio Dispatcher Certification Pay (See Attached) x 7.7, Call Back, and St andby Pay (See Attached)
x Bilingual Pay (See Attached)
x Shift Differential (See Attached)
x Animal Services Officer Training Pay (See Attached)
x Uniform Allowance (See Attached)
BENEFITS
x Health-In-Lieu (See Attached)
LEAVES
x Paid Parental Leave (See Attached)
WORKING IN A HIGHER CLASSIFICATION
x Working in a Higher Classification (See Attached)
OTHER
x Overpayments of Compensation (See Attached)
x Period of Memorandum of Agreement (See Attached)
x Definition of the Ma rket (See Attached)
x Library Committees (See Attached)
x Position Reallocation Process (See Attached)
x Animal Services Night Shift (See Attached)
x Union Release Time (See Attached)
HOUSEKEEPING
x Housekeeping – City Healthcare Program (See Attached)
SIDE LETTERS
x Library Holiday Leave and Schedule (See Attached)
2023 MEF NEGOTIATIONS
TENTATIVE AGREEMENT
e Side Letter on Community Service Officer I/Il Duties and Senior Community Service Officers (See Attached)
e Special Wage Adjustment - Biologist, Chemist, and Microbiologist (See Attached)
Side Letter on Social Services (See Attached)
Side Letter on Metrics for Classification Reviews (See Attached) Side Letter on Salary Surveys (See Attached)
Side Letter on Lunar New Year (See Attached)
Side Letter on Animal Health Technician I/II Classification Specification Updates (See Attached)
TENTATIVE AGREEMENTS
Airport Operations Specialist and Animal Services Officer Shifts Higher Class Pay Lists
New Employee Orientation
Release Time for Steward Training
Bargaining Unit Representatives
Employee Assistance Program for Part-Time Unbenefited Employees Holiday-in-Lieu for Public Safety Dispatchers Class Series Housekeeping — Sick Leave
Public Safety Radio Dispatcher Training Pay
Protective Footwear
Meal Allowance
Apparel Allowance
Employee Lists
Incorporation of Shift Differential Hours Side Letter Agreement Housekeeping - Bereavement Leave
Legal Administrative Assistant Classification Specification
OTHER TERMS
*This agreement is considered tentative and shall not be considered final or binding until a final agreement on all terms has been reach and both ratified by union members and approved by City Council.
FOR THE CITY: FOR THE UNION:
| Vs th Byer Jennifer Schembri Date John Tucke--———— Date Director of Employee Relations Business Agent, AFSCME
Director of Human Resources
Elsa Cordova Date Cindy Harlin Date
Assistant to the City Manager, OER President, MEF
City of San José
August 15, 2023
8/15/2023
8/15/2023
8/15/2023
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL – PUBLIC SAFETY RADIO DISPATCHER
CERTIFICATION PAY
City Proposed Language:
ARTICLE 12 WAGES AND SPECIAL PAY
12.XX Public Safety Radio Dispatcher Certi fication Pay. Effective the first full pay period in Fiscal Year 2023-2024 afte r Council approval of an overall tentative agreement on a successor Memorandum of Agreement in open session, incumbents in the following classifications who possess an Emergency Fire Dispatch (EFD) cert ification and an Emergency Medical Dispatch (EMD) certification shall be eligible to receive a 3.75% non- pensionable premium pay.
x Public Safety Radio Dispatcher Trainee (8532)
x Public Safety Radio Dispatcher FT/PT (8514/8534)
x Senior Public Safety Di spatcher FT/PT (8513/8533)
x Supervising Public Safety Dispatcher (8512)
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL TO MEF – ARTICLE 7.7, CALL BACK, AND STANDBY PAY
City Proposed Language:
7.7 An employee authorized or required to telecommute, which requires at least fifteen minutes of work shall be compensated for the time worked to the nearest fifteen minutes at the appropriate rate.
12.7 Call Back. An employee who is called back to work in response to an emergency or other unforeseen circumstance shall be cred ited for the time worked, or for three (3) hours, whichever is greater, at the appropriat e rate (1.5). This section shall apply on either a workday after the employee has departed from their place of employment or on a day off. It shall not apply to scheduled ov ertime or during a regular shift. Employees who are called back multiple times during a standby shift shall not receive additional pay until the employee has worked a total of three hours, after which time the employee would be eligible for additional pay, but only for actual hours worked.
12.7.1 To the extent possible, when an em ployee has worked in excess of sixteen (16) hours, upon request by the employee, the Department Director or designee may approve the time off using an employee’s available leave, excluding sick leave, to provide the employee with a rest period prior to their next shift.
12.7.2 Employees authorized or required by their supervisor to conduct work remotely in response to an emergenc y or other unforeseen circumstance, including, but not limited to, via a remote connection (telephone or computer), after the employee has departed from their place of employment or on a day off shall be compensated at the appropriate rate of pay for actual time worked rounded to the nearest fifteen-minute increment.
12.8 Standby Pay. Employees who are required to perform standby duty shall be credited with one hour compensation at the appropriate rate (1.5) for each eight (8) hour shift or portion thereof the employee performs standby duty. In the event the employee is called back to work, the employee shall be entitled to the compensation provided by Section
12.7 above, in lieu of the one hour of standby compensation for that eight (8) hour shift.
12.8.1 Standby pay is not deemed as actual hours worked for the purpose of calculating eligibility for overtime.
12.8.2 Employees required to work standby du ty on a holiday, as outlined in Article
10.1, shall receive Standby Pay in accordance with Article 12.8 in addition to any pay or compensatory time for which the employee may be eligible under Article 10.1.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY PROPOSAL – BILINGUAL PAY
City Proposed Language:
ARTICLE 12 WAGES AND SPECIAL PAY
12.5 Bilingual Pay – FT/PT. Eligible Employee. ATo be eligible for a bilingual pay premium pay, an employee must meet at least one of the following eligibility requirements and must be certified as bilingual for oral communication, written translation or sign language duties according to the current established procedure. Before changing the current procedure, the City agrees to discuss any proposed change with the Union.
1. The employee is currently assigned to a position selectively certified based on bilingual ability by the Director of Human Resources, or designee; or
2. The duties currently assigned/currently being performed by an employee have been designated by the Department Director or designee as requiring utilization of a non-English language on a regular basis.
Each department is responsible for ens uring that employees receiving a bilingual pay premium pay meet the requirements set forth herein.
12.5.1 Each full-time employee who meets the above eligibility requirements shall be compensated for performing oral
communication, or sign language duties, at the rate of twenty- nine dollars ($29) per biweekly pay period or for performing written and oral translation duties at the rate of forty sixty dollars ($ 4060) per biweekly pay period for each pay period actually worked.
12.5.2 Each part-time benefited employee who meets the above eligibility requirements shall be compensated for performing oral communication , or sign language duties , at the rate of nineteen dollars ($19) per biweekly pay period or for
performing written and oral translation duties at the rate of thirty fifty dollars ($3050) per biweekly pay period for each pay period actually worked.
12.5.3 Each part-time unbenefited employee who meets the above eligibility requirements shall be compensated for performing oral communication, sign language duties, or performing 2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
written and oral translation duties at the rate of fifteen fifty cents ($0.1550) per hour.
12.5.4 If an eligible employee is on paid leave for a period of one (1) full pay period or more, the employee will not receive bilingual pay for that period.
12.5.5 If an employee is denied bilingual pay under the requirements set forth in this article, the employee may appeal in writing to the Department Director, or designee, for reconsideration. If the employee is dissatisfied with the decision of the
Department Director, or designee, the employee may apply in writing for reconsideration wi th the Director of Human Resources. The written decision of the Director of Human Resources shall be final, with no process for further appeal.
12.5.6 If an employee who receives bilingual pay refuses to provide interpretation or translation services for which they are certified, the employee shall no longer be eligible to receive bilingual pay. This determination shall be made by the City Manager or designee in consultation with the Department Director.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL – SHIFT DIFFERENTIAL
City Proposed Language:
ARTICLE 12 WAGES AND SPECIAL PAY
12.4 Shift Differential.
12.4.1 A swing shift differential of two dollars and twenty-five cents ($2.002.25) an hour shall be paid to employees for each regularly scheduled hour worked after 2:00 p.m. if at least four (4) hours of a regularly assigned schedule of continuous work hours are worked after 5:00 p.m.
12.4.2 A night shift differential of two dollars and thirty-fivefifty cents ($2.352.50) per hour shall be paid to employees for each regularly scheduled hour worked after 11:00 p.m. and prior to 8:00 a.m. if at least four (4) hours of a regularly assigned schedule of continuous work hours are worked after 11:00 p.m. and before 8:00 a.m.
12.4.3 Shift differential shall be paid to an employee for the hours worked when assigned to cover another employee’s temporary absence and when the absent employee would have otherwise qualified for shift differential as defined above.
12.4.4 Paid leave time does not qual ify for payment of shift differential except when an employee uses a minimum of forty (40) consecutive hours of vacation, compensatory time or personal leave. The employee will continue to be paid shift differential as though they had worked their assigned shift duri ng the period of vacation. City observed holiday hours may be credited towards meeting the forty (40) consecutive vacation hours requirement, however, holiday leave hours do not qualify for payment of shift differential.
12.4.5 Except as otherwise required by State or Federal law, shift differential pay shall not be includ ed as regular compensation in computing other benefits.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL – ANIMAL SERVICES OFFICER TRAINING PAY
City Proposed Language:
ARTICLE 12 WAGES AND SPECIAL PAY
12.16 Training Pays
12.16.1 Communications Dispatcher Training Pay. Public Safety Communication Specialists or Public Safety Radio Dispatchers shall be eligible for additional pa y equal to approximately five percent (5%) of t he employee’s current rate of pay for each hour the employee is assigned and is actually engaged in one- on-one training of a Dispatcher trainee.
12.16.2 Police Data Specialist Tra ining Pay. Police Data Specialists shall be eligible for additional pay equal to approximately five percent (5%) of the employee’s current rate of pay for each hour the employee is assigned and is actually engaged in one- on-one training of a Data Specialist trainee.
12.16.3 Community Service Officer Training Pay. Community Service Officers (CSOs) shall be eligible for an additional pay equal to approximately five percent (5%) of the employee’s current rate of pay for each hour the employee is assigned and is actually engaged in one-on-one training of a Community Service
Officer trainee during the CSO Academy and field training.
12.16.4 Animal Services Officer Training Pay. Animal Services Officers shall be eligible for an additional pay equal to approximately five percent (5%) of the employee’s current rate of pay for each hour the employee is assigned and is actually engaged in one-on-one training of an Animal Services Officer trainee.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL – UNIFORM ALLOWANCE
City Proposed Language:
12.10 Uniform Allowance. An annual Unifor m Allowance not to exceed five-hundred dollars ($500) shall be paid to eligible employees regularly assigned to the classifications listed below, provided that such eligible employees are required, in the performance of the assigned duties of such classifications, to wear an approved uniform.
1181 Police Data Specialist I
1182 Police Data Specialist I (PT)
1183 Police Data Specialist II
1184 Police Data Specialist II (PT)
1185 Police Data Specialist Supervisor
2416 Senior Security Officer
2431 Security Officer
2432 Security Officer (PT)
2441 School Crossing Guard (PT)
2443 School Crossing Guard Coordinator
8026 Supervising Police Data Specialist
8512 Supervising Public Safety Dispatcher
8513 Senior Public Safety Dispatcher
8533 Senior Public Safety Dispatcher (PT)
8514 Public Safety Radio Dispatcher
8515 Public Safety Comm unication Specialist
8534 Public Safety Radio Dispatcher (PT)
8535 Public Safety Commun ication Specialist (PT)
3252 Animal Services Officer
3251 Senior Animal Services Officer
8532 Public Safety Radio Dispatcher Trainee
8534 Public Safety Radio Dispatcher Trainee (PT)
6131 Community Service Officer I
6132 Community Service Officer II
6133 Senior Community Service Officer
12.10.1 The City will provide School Crossing Guards with the initial jacket and patches at no cost to the employee.
12.10.2 Employees in the classifications of: 1181 Police Data Specialist I, 1182 Police Data Specialist I (PT), 1183 Police Data Specialist II, 1184 Police Data Specialist II (PT), and 1185 Police Data Specialist Supervisor hired or promoted on or after January 1, 1995, are required to wear an approved uniform. Employees in said classes hired prior to January 1, 1995, are not required to wear a uniform, however, once an employee chooses to wear a uniform, an employee may not revert to non-uniformed status.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
12.10.3 Full-time employees in the classifications listed in Section 12.10 above who are eligible for the uniform allowance shall receive a uniform allowance not to exceed $500.00 annually. Payment shall be made during the first two (2) pay periods of each month, in the amount of $20.83 per biweekly pay period. If an eligible employee is on unpaid leave for a period of one (1) full pay period or more, the employee will not receive the uniform allowance for that pay period(s). Effective the first pay period in payroll calendar year 2024, this payment shall be made in a single lump sum payment in Pay Period 2 of each payroll calendar year.
12.10.4 Part-time employees in the cla ssifications listed in Section 12.10 above who are eligible for the un iform allowance shall receive a uniform allowance not to exceed $250.00 annually, except for those employees in the classification of School Crossing Guard. Payment shall be made during the first two (2) pay periods of each month, in the amount of $10.41 per biweekly pay period. If an eligible employee is on unpaid leave for a period of one (1) full pay period or more, the employee will not receive the uniform allowance for that pay period(s). Effective the first pay period in payroll calendar year 2024, this payment shall be made in a single lump sum payment in Pay Period 2 of each payroll calendar year.
12.10.4.1 Part-time employees in the classification of School Crossing Guard eligible for the uniform allowance who
work over 600 hours during the payroll calendar year
shall receive the full gross uniform allowance of
$500.00; payment shall be made in January of the
following year. In no event will any employee receive a total gross uniform allowance in excess of $500.00.
12.10.4.2 Part-time employees in the classification of School Crossing Guard eligible for the uniform allowance who
work 600 hours or less during the payroll calendar year shall receive a uniform allowance based on the hours
worked by the employee as prorated to 600 hours;
payment shall be made in January of the following
year. In no event will any employee who works 600
hours or less during the payroll calendar year receive
the full gross uniform allowance of $500.00.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL TO MEF – PAYMENT IN-LIEU OF HEALTH AND
DENTAL INSURANCE
City Proposed Language:
13.3 Payment In-Lieu of Health and Dental Insurance. The purpose of the payment-in-lieu of health and/or dent al insurance program is to allow employees who have double health and/or dental insurance coverage to drop the City's insurance and receive a payment-in-lieu. Effective January 1, 2016, payment-in-lieu of health and/or dental insurance will have a 4- tier structure (Employee, Employee plus Spouse/Domestic Partner, Employee plus Child(ren) and Family). The payment-in-li eu amounts will be adjusted effective the first pay period in payroll calendar year 2016, which starts December 20, 2015. Effective as soon as practicable in Fiscal Year 2023-2024, following union ratification and Council approval in open session, the payment in lieu amount for employee only will be adjusted as provided for in section 13.3.1.
13.3.1 Employees who qualify for and participate in the payment in-lieu of health and/or dental insuran ce program will receive the following per pay period:
Health Insurance Tier Health-in-Lieu Dental-in-Lieu
Employee $89.09
$102.00
$6.65
Employee plus
Spouse/Domestic Partner
$147.87
$13.30
Employee plus Child(ren) $129.39
$11.64
Family $221.84
$19.95
A City employee who receives health and/or dental coverage as a dependent of another City employee or retiree shall be eligible for the employee only coverage for the payment-in-lieu of health and/or dental program.
An employee may not be simultaneously covered by City-
provided medical benefits as a City employee, and as a
dependent of another City employee or retiree.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL TO MEF – CITY-PAID PARENTAL LEAVE
City Proposed Language:
ARTICLE 10 LEAVES
10.X City-Paid Parental Leave. The Paid-Parental Leave Program will become permanent and will be incorporated into the Cit y’s Administrative Policy Manual.
For eligible births, adoptions, or foster care placements that occur on or after January 1, 2023, full-time employ ees will receive a maximum total of three hundred and twenty (320) hours of paid time off and shall be eligible to use up to a maximum total of one-hundred and twenty (120) hours of their available sick leave for City-Paid Parental Leave reasons.
x For the period of January 1, 2023 through the effective date of this agreement, no retroactive timecard adjustments will be allowable and any additional City-paid pare ntal leave hours as provided for herein may only be used on a prospective basis.
City-Paid Parental Leave and the use of available sick leave balances for City-Paid Parental Leave reasons must be used and completed no later than 12 months from the birth or placement of a child.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY PROPOSAL – WORKING IN A HIGHER CLASSIFICATION
City Proposed Language:
12.6 Working in a Higher Classification. Upon specific assignment by the Department Director, or designee, with prior written approval, a full-time or part-time employee who is not on initial probation may be required to perform the duties of a full-time or be nefited part-time position in a higher classification. Such assignments may be made to existing authorized positions which are not actively occupied due to the temporary absence of the regularly appointed employee or a vacant position. Assignments to a higher classification due to a vacancy shall not exceed six (6) months.
12.6.1 By mutual written agreement between the City and the Union, an employee assigned to work in a higher classification may be extended in their specific assignment past the aforementioned six (6) month limitation.
12.6.2 Employees specifically assigned to duties of a higher classification shall be compensated at the rate in the salary range of the higher class which is at least five percent (5%) higher in the salary range schedule than the rate received by the employee in the employee's present class. Notwithstanding any other provision of this section, in no event shall an employee receive any amount in excess of the top of the salary range of the higher classification. The employee shall not receive any compensation, however, unless the assignment is for a minimum of twenty-four (24) cumulative work hours within one pay period and a minimum of four (4) consecutive work hours within each work day. In the event the assignment is for a minimum of twenty-four (24) cumulative work hours within one (1) pay period and a minimum of four (4) consecutive work hours within one (1) work day, the employee shall be compensated at the appropriate rate for all the eligible hours worked in the higher class within the pay period.
12.6.3 Employees assigned to the duties of a higher classification due to a vacancy, and not due to the temporary absence of an
employee, shall be compensated at the rate in the salary range of the higher class, pursuant to section 12.6.2 above, for City observed holidays.
12.6.4 Part-Time Unbenefited Employees
12.6.4.1 Part-time unbenefited employees with less than five (5) calendar years of City service may only be required to
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
perform the duties of a higher classification if they meet the minimum qualifications for the higher classification.
12.6.4.1.1 By mutual written agreement the
requirements of Article 12.6.4.1 may be
waived, and a part-time unbenefited
employee with less than five (5) calendar
years of service may be required to perform
the duties of a higher classification for
which they do not meet the minimum
qualifications.
12.6.4.2 Part-time unbenefited employees with more than five (5) calendar years of service may be required to
perform the duties of a higher classification regardless of whether they meet the m inimum qualifications of the higher classification.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
City of San José
August 15, 2023
CITY COUNTERPROPOSAL – OVERPAYMENTS OF COMPENSATION
City Proposed Language:
ARTICLE XX OVERPAYMENTS OF COMPENSATION
xx.x When the City determines an overpayment has been made to an employee, it shall notify the employee of the overpayment and afford the employee an opportunity to respond prior to commencing recoupment actions. The City will endeavor to reach mutual agreement with the employee regarding repayment terms, which may be in lump sum cash payment(s) or installment(s) through payroll deduction(s). Absent mutual agreement on a method of reimbursement within 30 days, the City shall proceed with recoupment via Payroll de ductions over a number of pay periods equivalent to the term of overpayment, unless the maximum deduction per pay period is insufficient to repay the balance of the overpayment. In this case, the payments shall continue for as many pay periods is necessary to repay the balance of the overpayment. In no event shall amounts deducted from payment of salary or wages exceed 15% of the employee’s net disposable earnings.
xx.x An employee who separates from City employment prior to full repayment of the amount owed to the City shall have any money owed to the City withheld from their final paycheck(s). If the amount of money owed upon separation is insufficient to provide full reimbursement to the City, the City shall have the right to exercise any and all other legal means to recover the additional amount owed.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY PROPOSAL – PERIOD OF MEMORANDUM OF AGREEMENT
City Proposed Language:
2.1 This Agreement shall become effective July 1, 20212023, except where otherwise provided, and shall remain in effect through June 30, 202320XX. No amendment or change to the provisions of this Agreement shall be valid or binding unless reduced to writing and signed by duly authorized representative(s) of the parties.
It is mutually agreed that the first meeting of the parties will be held scheduled no later than fifteen (15) calendar days after the City or Union receives notice from the other, which may be any date after January 1 of the year in which the current contract terminates. This notice must be made in writing, must specifically include a request to commence bargaining, and must in clude proposed dates for the meeting.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL TO MEF – DEFINITION OF THE MARKET
City Proposed Language:
ARTICLE 22 DEFINITION OF THE MARKET
22.1 Comparable classifications in ci ties and counties in Santa Clara, San Mateo, Contra Costa, San Francisco, and Alameda Counties serving populations of 100,000 or more will be used to compare against City classifications. Population figures will be used from based on data from the U.S. Census Bureau.
22.2 Compensation information from the private sector will be gathered from existing published sources , and will be used to supplement public sector data as deemed appropriate by the City.
22.3 Based on the April 1, 20 020, U.S. Census Bureau, 20 020 Census of Population, the following agencies currently meet the definition of the market:
22.4 When conducting a salary survey, if less than six (6) classification matches are available, the City may ut ilize classifications at jurisdictions outside of those listed in Article 22.3, which may inc lude special districts, as appropriate and will obtain feedback from the Union in these cases.
22.4 If the Union believes that a long-term vacancy issue exists in an MEF- represented classification, the Union may request information and/or raise these matters for discussion at a Labor Management Committee meeting.
Alameda County Berkeley
ConcordMilpitas Contra Costa County
Daly City Fremont
Hayward Oakland
San Francisco City/County San Mateo County
Santa Clara (City) Santa Clara County
Sunnyvale RichmondMountain View
Antioch San Mateo (City)
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL TO MEF – COMMITTEES
City Proposed Language:
ARTICLE X COMMITTEES
Move and re-number Sections 21.8 and 21.9 to this new article.
X.X The Library Safety an d Security Committee (“Committee”) shall be maintained by the Library Department to discuss employee and patron safety and security at the City’s library branches. The Committee will be an employee working group responsible for reviewing current safety and security practices and procedures, evaluating reported data, and providing feedback on policy/procedure improvements. MEF shall have one representative on the Library Safety and Security Committee, which shall meet at least once quarterly.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL TO MEF – POSITION REALLOCATION REQUEST PROCESS
City Proposed Language:
ARTICLE XX POSITION REALLOCATION REQUEST PROCESS
XX.1 The parties agree that San Jose Municipal Code 3.04.540 provides that the Director of Human Resources has the authority to determine if a Reallocation Program should be in place at any given time and may establish procedures for allowing an individual employee to request reallocation of their position, if it is determined by the Director of Human Resources that providing a means for individual employees’ job classifications to be reviewed and changed, if appropriate, is beneficial to the quality of the City of San Jose’s employment systems.
The Director of Human Resources will review any reallocation requests on a case-by- case basis, provided that such request is (1) made directly by the Department Director or the Union, (2) is based on extenuating circumstances, and (3) is supported by the Department Director. Any such requests should be made prior to the submission of the Position Reallocation Request Form.
The Director of Human Resources will analyze relevant job information and approve or deny the Department Director and/or Union’s request to review the reallocation. If the review request is approved, the Department may then submit the Position Reallocation Request Form to Human Resources for processing. Approval to review a position reallocation request does not guarantee approval of the request itself.
In the event the reallocation request has been approved for review and was subsequently denied by the Director of Human Resources, the Union may submit the matter to mediation with the California State Mediation and Conciliation Service (SMCS).
The mediator shall be provided as determined by SMCS. This mediation process shall be the only resolution process and there shall be no appeal process such as an appeal to the Civil Service Commission. The parties further agree that this Section XX.1 shall not be subject to the Grievance Procedure provided in this Agreement.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY PROPOSAL – HOURS OF WORK AND OVERTIME
City Proposed Language:
7.3.1 Full-time employees in the Senior Airport Operations Specialist Series (including Senior) classification (3514) in the Airport Department, and full-time employees in the Animal Services Officer Series (including Senior)classification (3252) in the Public Works Department, and/or full-time employees in the Senior Animal Services Officer classification (3251) in the Public Works Department shall work either a straight eight (8) hour shift without an unpaid lunch five (5) days a week or a straight ten (10) hour shift without an unpaid lunch four (4) days a week.
Beginning in Fiscal Year 2023-2024, a swing and/or graveyard shift may be added to Animal Care and Services in the Public Works Department. Employees in the Animal Health Technician series and/or Animal Care Attendant series may be assigned to work the swing or graveyard shift on a regular basis and/or based on operational need. Employees assigned to these shifts may be eligible to receive shift differential as provided for and defined in Section 12.4.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL – UNION RELEASE TIME
City Proposed Language:
A
RTICLE 6 UNION RIGHTS
6.2 Release Time
6.2. 1 Release time from regular City duties shall be provided to designated Union representatives in accordance with the following provisions.
6.2.2 Designated Union Representatives. The following designated Union representatives shall be eligible for release time to attend meetings as listed in this Article.
6.2.2.1 In lieu of the release time afforded to the President and Chief Steward in Articles 6.2.2.2 and 6.2.2.3, 1.00
FTEs of paid union release time shall be allocated as
follows for the MEF President and Chief Steward:
Position FTEs
MEF President 0.50
MEF Chief Steward 0.50
Total 1.00
The release time described in this article must be
coded as URT (Union Release Time), and may only be
used for purposes described in Article 6 and the
Employer-Employee Relations Resolution No. 39367.
The above sh all not apply for any MEF President
and/or MEF Chief Steward if they are employed in
critical positions within the Police or Fire Departments, such as Public Safety Radio Dispatchers. In such
cases, the parties agree that the release time
described above may be provided to another employee
designated by MEF. Any request for the re-assignment
of union release time as provided in this section must
be made in writing.
6.2. 2.12 Union President/Vice Presid ent. The Union President or Vice President or one (1) designated representative, except where noted below, up to two (2) designated
representatives, shall be granted release time from
regular City duties to attend the following meetings:
To attend Civil Service Commission meetings when
m
atters affecting the Union are considered.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
To attend City Council meetings when matters
affecting the Union are considered.
To attend Federated Retirement Board meetings.
To attend grievance meetings when used to
facilitate settling of grievances.
To attend Benefit Review Forum meetings (up to
two (2) designated representatives).
To attend City Labor Alliance meetings held with
the City Manager or Employee Relations (up to two
(2) designated representatives).
To attend meetings scheduled by Administration
when attendance is requested.
To attend other meetings and trainings approved by
the Employee Relations Director, or designee.
The designated representative may be the Union
President or Vice President or another designated
representative for functions allowing for one (1)
representative to attend, and may be the Union
President or Vice President and one additional
representative or two (2) designated representatives
for meetings allowing for up to two (2) attendees.
6.2.2.23 Chief Steward. The Chief Steward and/or designated representative(s) shall be granted release time from
regular City duties to attend the following functions:
To attend grievance meetings when used to
facilitate the settling of grievances.
To attend other meetings and trainings approved by
the Employee Relations Director or designee.
6.2.2.34 Department Stewards. Department Stewards shall be granted release time from regular City duties to attend the following functions:
To investigate and/or process a grievance only on
the shift in the department(s) or section of a
department(s) for which designated.
To attend other meetings and trainings as approved
by the Employee Relations Director or designee.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
6.2.2.34.1 Department Steward Authority. A
Department Steward shall function under
the terms of the grievance procedure and
only on the shift and in the department(s) or
sections of a department(s) designated.
Exceptions to this section may be made by
mutual agreement of the parties.
6.2.2.34.2 Ratio of Department Stewards. Department
Stewards shall be designated in the ratio of
approximately one (1) Steward for every 50
full-time equivalent (FTE) positions in the
representation units. Shift and geographical
locations may require an adjustment to the
above ratio as approved by the Employee
Relations Director or designee and the
Union.
6.2.2.34.3 The Union shall designate as Stewards only
full-time or part-time benefited employees
who have satisfactorily completed an initial
probationary period during the employee's
current term of employment.
6.2.2.34.4 In the event the parties agree that a
Steward or other representative of the
Union is permitted to investigate and/or
process a grievance other than as provided
in 6.2.2.34.1 above, such representative
shall continue to investigate and/or process
the grievance, even if the department or
section of a department in which the
grievance arose is subsequently assigned
to another representative.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY PROPOSAL – HOUSEKEEPING ON CITY HEALTHCARE PROGRAM
The changes below are to incorporate the terms of the Side Letter Agreement dated July 11, 2018, and signed by MEF on July 23, 2018, related to the City Healthcare Program.
City Proposed Language:
ARTICLE 13 BENEFITS
13.1 Health Insurance. Eligible employees may elect health insurance coverage under one of the available plans for employee only or employee and dependents. All available plans have a 4-tier rate structure (Employee, Employee plus spouse/domestic partner, Employee plus Child(ren) and Family).
13.1.1 Medical Insurance Provider with the Second Highest Overall Employee Enrollment . The City pays eighty-fiveninety percent (9085%) of the cost of the lowest priced Non-Deductible HMO. plan for the employee or the employee and dependent coverage and the employee pays fifteen percent (15%) of the premium for the lowest priced Non-Deductible HMO plan. If the employee selects a plan other than the lowest priced Non-Deductible HMO plan, the employee pays the difference between the total cost of the selected plan and the City’s contribution toward the lowest priced Non - Deductible HMO plan.Co-Pay Pl an of the medical insurance provider with the second highest overall employee enrollment for the employee or the employee an d dependent coverage, and the employee pays ten percent (10%) of the full premium cost of the lowest priced Non-Deductible Co-Pay Plan of the medical insurance provider with the second highest overall employee enrollment.
13.1.2 The Kaiser Permanente 1500 Deductible HMO Benefit Plan will be available to employees represented by MEF in addition to the existing plan options. Any deductible plans offered by the medical insurance provider with the second highest overall employee enrollment and whose cost is below ninety percent (90%) of the full premium cost of the lowest priced Non-Deductible HMO Co-Pay Plan will be offered to full-time employees at no cost.
13.1.3 Medical Insurance Provider with the Highest Overall Employee Enrollment. The City will pay eighty-five percent (85%) of the full premium cost of the lowest pric ed Non-Deductible HMO Co-Pay Plan of the medical insurance provider with the highest overall employee enrollment for the employee or the employee and dependent coverage, and the employee pays fifteen percent (15%) of the full premium cost of the lowest priced Non-Deductible Co-Pay Plan of the medical insurance provider with the highest overall employee enrollment.Additional information regarding medical plans is available on the Human Resources website.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
13.1.4 If the employee selects a plan other than the lowest priced Non- Deductible HMO Co-Pay Plan, the employee pays the difference between the total cost of the selected plan and the City’s contribution toward the lowest priced Non-Deductible HMO Co-Pay Plan.
13.1.5 An employee may not be simult aneously covered by City-provided medical benefits as a City employee and as a dependent of another City employee or retiree.
13.1.6 Default Healthcare Plan. New full-time employees and current employees not previously eligible to receive benefits who are hired into a full-time benefits eligible position and who do not sign up for a healthcare plan within thirty (30) calendar days from their hire date, will be automatically enrolled in the lowest cost HMO Deductible plan offered by the medical insurance provider with the second highest overall employee enrollment at the time the employee is automatically enrolled.
13.2 Dental Insurance. The City will provide offer dental coverage for eligible full-time employees and their dependents. As of the date of this agreement the plans include an indemnitya PPO plan and a DHMO plan. These plans are described in the City of San Jose Em ployee Benefits Handbook available on the City ’s website and in pamphlets available . A co py of this document shall be available upon request in the Human Resources Department. All available plans have a 4- tier rate structure (Employee, Employee plus spouse/domestic partner, Employee plus Child(ren) and Family).
The City will provide dental coverage in the lowest priced plan for eligible full time employees and their dependents. If an employee selects a plan other than the lowest priced plan, the City will pay ninety-five (95%) of the full premium cost for the selected dental coverage for eligible full time employees and their dependents and the employee shall pay five percent (5%) of the full premium cost for the selected plan.
13.2.1 Each eligible, full-time employee and dependents shall receive Orthodontia coverage in the Delta Dental Plans; the PPO plan must be medically necessary and has a lifetime maximum amount of $2,000, the DHMO plan will include a copayment of $1,000, and orthodontia coverage (both medically and non-medically necessary) is limited to once per eligible mem ber per lifetime.Each eligible, full- time employee and dependents shall receive annual maximum coverage of $1500.00 in the Delta Dental Plan.
13.2.2 Each eligible, full-time empl oyee and dependents shall receive a lifetime maximum of $2,000.00 Orthodontia coverage in the Delta Dental Plan.
2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
13.2.2 Retirees who meet the eligibility requirements defined in Ordinance No. 22261 amending Sections 3.24, Part 24, and 3.28, Part 17, Title 3 of the San José Municipal Code are entitled to dental insurance coverage as a benefit of the Federated Retirement System.
13.2.3 An employee may not be simu ltaneously covered by City-provided dental benefits as a City employ ee and as a dependent of another City employee or retiree.
Retirees who meet the eligibility requirements defined in Ordinance No. 22261 amending Sections 3.24, Part 24, and 3.28, Part 17, Title 3 of the San José Municipal Code are entitled to dental insurance coverage as a benefit of the Federated Retirement System.
13.2.4 The City will use actual rather than blended premium.
13.3 Payment-in-Lieu of Health and Dental Insurance. The purpose of the payment-in- lieu of health and/or dental insurance program is to allow employees who have double health and/or dental insurance co verage to drop the City's insurance and receive a payment-in-lieu. Effective January 1, 2016, payment-in-lieu of health and/or dental insurance will have a 4-tier structure (Employee, Employee plus Spouse/Domestic Partner, Employee plus Child(ren), and Family). The payment- in-lieu amounts will be adjusted effective the first pay period in payroll calendar year 2016, which starts December 20, 2015.
13.3.1 Employees who qualify for and participate in the payment-in-lieu health and/or dental insurance program will receive the following per pay period:
Health Insurance Tier Health-in-Lieu Dental-in-Lieu
Employee $89.09 $6.65
Employee plus Spouse/Domestic Partner $147.87 $13.30
Employee plus Child(ren) $129.39 $11.64
Family $221.84 $19.95
A City employee who receives health and/or dental coverage as a dependent of another City employee or retiree shall be eligible for the employee only coverage for the payment-in-lieu of health and/or dental program.
An employee may not be simultaneously covered by City-provided medical benefits as a City employee, and as a dependent of another City employee or retiree.
13.3.2 The payment-in-lieu of health and/or dental insurance program is available to full-time employees who are not on a reduced workweek of less than thirty-five (35) regular work hours per week or unpaid leave and have altern ate group health and/or dental coverage. To qualify, an a new employee must attest that the 2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
employee and all covered dependents have or will have minimum essential coverage under an altern ative group medical/dental plan and an employee who has a life qualifying event must provide proof of alternate group coverage to Human Resources. Alternate coverage must be acceptable by the City.
13.3.3 Enrollment in the payment-in-lie u of health and/or dental insurance program can only be done during the first thirty (30) days of employment, during the annual op en enrollment period or within thirty (30) days of a qualifying event as defined in the Human Resources Benefits Handbook, occurring anytime during the year.
Employees who miss the thirty (30)-d ay time limit after a qualifying event must wait until the next open enrollment period to enroll in the payment-in-lieu of insurance progra m. Enrollment in the payment- in-lieu of insurance program may be canceled by the employee only during the annual open enrollme nt period unless the employee loses alternate group coverage. Enrollment or cancellation during the open enrollment period will become effective the first pay period of the following calendar year.
13.3.4 Payments for the in-lieu insura nce program will be discontinued if an employee becomes ineligible for the program. An employee’s ineligible status would include bu t not be limited to the following situations, employment status changes from full to part-time, employee is on an unpaid leave of absence, employee is on a reduced work week of less than th irty-five (35) regular work hours per week, or employee loses or does not have alternate insurance coverage. An employee whose in -lieu payments are discontinued may enroll, if eligible, in a health and/or dental plan during the next annual open enrollment period.
13.3.5 If an employee lose s alternate coverage, the employee may enroll in a City health and/or dental plan outside of the open enrollment period. To be eligible the employ ee must provide verification that alternate coverage has been lost.
13.3.5.1 Health Insurance. To enroll in a City health insurance plan following loss of alternate coverage, the employee must pay all unpaid premiums (City and employee
contributions) and refund any excess in-lieu-payments
required to make the coverage effective on the date
when alternate coverage ceased. Re-enrollment in the
plan shall be in accordance with the carriers'
enrollment procedures.
13.3.5.2 Dental Insurance. Enrollment in a City dental insurance plan following loss of alternate coverage will become effective the first of the month following
payment of two dental premiums through the City’s
payroll process. Re-enrollment in the dental insurance 2023 CITY OF SAN JOSÉ – MEF NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
plan shall not be retroactive.To enroll in a City dental insurance plan following the loss of alternate coverage, the employee must pay all unpaid premiums (City and
employee contributions) and refund any excess in-lieu
payments required to make the coverage effective on
the date when alternate coverage ceased. Re-
enrollment in the plan shall be in accordance with the
carrier’s enrollment procedures.
13.4 Part-Time Employees – Health and Dental Insurance Benefits. During the term of this Agreement, the City shall pay for each eligible part-time employee who is a subscriber to benefits provided for individual coverage, or for individual coverage plus coverage of dependents , under one of the health and dental insurance plans provided for full-time em ployees, sums of money equal to the percentage of the City's contribution for full-time employees for such individual coverage, or individual plus coverage of dependents, based on the number of hours per week such part-time employee is indefinitely assigned to work in their regularly scheduled part-time position . Such sums of moneys shall be determined in accordance with the following such hours per week and percentages:
Regularly Scheduled
Hours Per Week
City Contribution For P/T Employees As
Percentage Of City Contribution
For Full-Time Employees
30-34 hours 75.0%
25-29 hours 62.5%
20-24 hours 50.0%
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION (MEF), AFSCME, LOCAL 101
LIBRARY HOLIDAY SCHEDULE PILOT PROGRAM
City of San José
August 15, 2023
The City and MEF agree that the language belo w shall be in effect through the term of the successor Memorandum of Agreement (MOA). At the conclusion of the term of the successor MOA, the language below shall suns et and revert to the previous language, absent mutual agreement between the City and MEF.
ARTICLE 10 LEAVES
10.1.4.1 Full-time employee s in the Library Department, and who are regularly scheduled to work Tuesday through
Saturday.
When a City holiday, as described in Section 10.1,
observed by the Library falls on a Monday, full-time
employees who are scheduled to work Tuesday
through Saturday shall:
x Observe the holiday (i.e. not be required to
report to work) on the Tuesday immediately
following the Monday holiday. Section 10.1.4
shall not apply to employees covered by
Section 10.1.4.1 and they will not receive
compensatory time for the Monday holiday, but
shall code holiday leave on the Tuesday
immediately following the Monday holiday for
the number of regularly scheduled hours which
the employee works during their assigned work
day.
x Employees covered by Section 10.1.4.1 will not
be able to code holiday leave any other day of
the week and shall only code holiday leave on
the Tuesday immediately following the Monday
holiday.
In the event an employee covered by Section 10.1.4.1 is required to work by the Department on the Tuesday immediately
following a Monday holiday, the employee shall be
compensated pursuant to Section 10.1.3. shall be
compensated for City-observed holidays in accordance
with Articles 10.1.3 and 10.1.4. When a holiday falls
on a full-time employee’s regular day off, the employee may request a temporary change to their schedule
during the same FLSA work week to allow the
employee to observe the holiday on one of their
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION (MEF), AFSCME, LOCAL 101
LIBRARY HOLIDAY SCHEDULE PILOT PROGRAM
regularly scheduled workdays in-lieu_ of their regular
day off. The Library Department has the discretion to
approve or deny such requests based on the
operational needs of the Department.
10.1.11 Library Holiday Schedule. Because not all locations may be open seven (7) days per week and because days and hours of operation may be impacted year-to-year due to changes to the budget, the Library shall not be subject to Article 10.1.2.1. Due to the scheduling needs of the public library, the above listed holidays may be observed ¢ ona a clay other ina the date eed le a ine City. A
Library intends to observe a holiday on a different day than the City, the Library shall endeavor to_ notify staff at least six (6) months in advance _ of the City-observed holiday. There may be times when the Library will have to revise this schedule after it is_ initially published, and the Library shall endeavor to make_these adjustments as early as possible; and shall inform staff_of the update to the Library holiday schedule.—Library-employees-reguiarly scheduled—fer-a—Tuesday_through-Saturday-work-week-—shall-work Menday-through-Friday when-December 25"-and January-4*fall-on a-Saturday,
This agreement is considered part of the tentative agreement for a successor MOA between the parties. This agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by MEF and approved by the City Council.
FOR THE CITY: FOR THE UNION:
<A f{__ ds be
Jennifer Schembri Date Gehn Tucker Date
Director of Employee Relations Gorn res Agent, AFSCME
Director of Human Resources
Elsa Cordova Date Cindy Harlin Date
Assistant to the City Manager, OER President, MEF
City of San José
August 15, 2023
8/15/2023
8/15/2023
8/15/2023
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION, AFSCME, LOCAL NO. 101 (MEF) Community Services Officer I/Il and Senior Community Service Officer Duties The City and the Municipal Employees’ Federation (MEF) agree to continue discussions related to the assigned duties of the Community Services Officer I/Il and Senior Community Service Officer classifications.
This Agreement is considered part of the tentative agreement for a successor MOA between the parties. This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by MEF and approved by the City Council.
FOR THE CITY: FOR THE UNION:
SL ele Sof
Jennifer Schembri Date ohn Tucker “ * Date
Director of Employee Relations Business Agent, AFSCME
Director of Human Resources
Elsa Cordova Date Cindy Harlin Date
Assistant to the City Manager, OER President, MEF
8/15/2023
8/15/2023
8/15/2023
SIDE LETTER AGREEMENT
THE CITY OF SAN JOSE
BETWEEN
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION, AFSCME, LOCAL NO. 101 (MEF) Special Wage Adjustment — Biologist, Chemist, and Microbiologist In recognition of the recruitment and retention issues in these classification series, as well as a salary survey that shows these classifications are under market with comparable jurisdictions, the City and the Municipal Employees’ Federation (MEF) agree that the Chemist I/Il and Microbiologist I/II flexibly- staffed series will be created based on the classification specifications agreed to by the parties in April 2023, and to the following special wage adjustments:
Maximum Maximum Approx. Percent
ee Pensionable Suu ceeae Pensionable Increase Above Classification Rate of Pay Classification Rate of Pay Current (Hourly) (Hourly) Classification
Biologist $ 48.08 | — | Biologist $ 57.22 19.00%
Chemist $ 48.08 | — | Chemist | (Retitled) $ 51.93 8.00% Chemist II 6
> | (New Classification) $57.22 Tes
: : : Microbiologist | 6 Microbiologist $ 48.08 | — (Retitled) $ 51.93 8.00% (New Classification)
This Agreement is considered part of the tentative agreement for a successor MOA between the parties. This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by MEF and approved by the City Council in open session. These adjustments shall be made the first full pay period after City Council approval in open session.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri
Director of Employee Relations
Director of Human Resources
ZL
Elsa Cordova
Assistant to the City Manager, OER
President, MEF
Date ohn Tucker Date
Business Agent, AFSCME
Date Cindy Harlin Date
8/15/2023
8/15/2023
8/15/2023
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION, AFSCME, LOCAL NO. 101 (MEF) Social Services
The City and the Municipal Employees’ Federation (MEF) agree to continue discussions related to social service support and resources for those who utilize San José Library programs and services.
This shall not be construed as an agreement to create social worker positions, as the addition of positions is not subject to meet and confer, but is solely intended to allow for continued discussions related to this matter.
This Agreement is considered part of the tentative agreement for a successor MOA between the parties. This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by MEF and approved by the City Council.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date pean Tucker ae
Director of Employee Relations Business Agent, AFSCME
Director of Human Resources
Elsa Cordova Date Cindy Harlin Date
Assistant to the City Manager, OER President, MEF
8/15/2023
8/15/2023
8/15/2023
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION, AFSCME, LOCAL NO. 101 (MEF) Metrics for Classification Reviews
The City and the Municipal Employees’ Federation (MEF) agree to meet within six (6) months of reaching an overall Tentative Agreement to discuss the creation of guidelines concerning the metrics that should be utilized when conducting classification reviews for the purpose of addressing recruitment and retention issues.
This Agreement is considered part of the tentative agreement for a successor MOA between the parties. This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by MEF and approved by the City Council.
FOR THE CITY: FOR THE UNION:
ils)
Jennifer Schembri Date (im Joy A =
Director of Employee Relations (errs Representative
Director of Human Resources AFSCME, Local 101
Elsa Cordova Date Cindy Harlin Date
Assistant to the City Manager, OER President, MEF
8/15/2023
8/15/2023
8/15/2023
City of San José
August 15, 2023
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSÉ
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION, AFSCME, LOCAL 101 (MEF)
Salary Surveys
The City of San José (City) and the Municipal Employees ’ Federation (MEF) agree that the City will conduct salary surveys for the follow ing classifications utilizing the definition of market as agreed to as part of the overall tentative agreement for a successo r MOA, provided that they have a vacancy rate of 10% or greater at the time of the survey and are experiencing recruitment and retention issues:
x Network Technician I/II/III
x Zoo Keeper
x Environmental Services Specialist
It is the goal of the City and MEF for these salary surveys to be completed within 6 months following a tentative agreement between the parties on a successor Memorandum of Agreement (MOA).
Following this review, the City agrees to discuss with MEF the results of the surveys, including potential wage adjustments recommended as a result of the survey. Any potential wage adjustments shall be dependent on available budgetary funding at that time. This shall not be construed as an agreement to provide wage adjustments for the classifications noted above.
The City will also conduct a review of the classification specifications for the following classifications:
x Crime and Intelligence Analyst
x Crime Prevention Specialist
x Facility Attendant
x Police Data Specialist I/II
x Police Property Specialist I/II
Once any recommended classification specification revisions have been completed and approved by the Civil Service Commission (CSC), the City will conduct salary surveys for these classifications utilizing the definition of market as agreed to as part of the overall tentative agreement for a successor MOA. It is the goal of the City and MEF for these salary surveys to be completed within 1 month of the CSC adopting these classification specification revi sions. Following the completion of each salary survey, the City agrees to discuss with MEF the results of the surveys, including potential wage adjustments recommended as a result of the survey. Any potential wage adjustments shall be dependent on available budgetary funding at that time. This shall not be construed as an agreement to provide wage adjustments for the classifications noted above.
This Agreement is considered part of the te ntative agreement for a successor MOA between the parties. This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by the union and approved by the City Council in open session.
MEF Side Letter — Salary Surveys
August 15, 2023
FOR THE CITY:
Jennifer Schembri Date
Director of Employee Relations
Director of Human Resources
Elsa Cordova Date
Assistant to the City Manager
City of San José
FOR THE UNION:
we éhe 28
hh Tucker “Tf Date
usiness Agent
AFSCME, Local 101
Cindy Harlin Date
President, MEF
City of San José
August 15, 2023
8/15/2023
8/15/2023
8/15/2023
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION (MEF), AFSCME, LOCAL 101
LUNAR NEW YEAR
City of San José
August 15, 2023
The City and MEF agree that the following will become effective as soon as practicable once this can be implemented for all City employees:
Lunar New Year shall be observed in accordance with the State of California’s holiday schedule and New Year’s Eve Day shall no longer be a City-observed holiday. The following changes will also be implemented at the time the holiday change is implemented:
ARTICLE 10 LEAVES
10.2.14 Personal Leave. Each full-time em ployee shall be entitled to a total of twenty- fourthirty-two (2432) hours per payroll calendar year, eight (8) hours of which is granted in recognition that City employees may wish to observe a personal holiday that is not observed by the City . Such leave may be scheduled in fifteen minute increments, at any time, subject to approval of the supervisor.
Personal leave does not accrue. Any such leave not taken by the date of separation for employees separating during the year, or by the end of the last pay period in the calendar year for other employees, shall not be paid out nor carried over to subsequent years. Under no circumstances, such as promotion, transfer, and/or rehire, shall an employee receive more than 24 32 hours of Personal Leave in any given calendar year.
10.2.14.1 Full-time employees hired on or after July 1st shall be entitled to only twelve sixteen (1216) hours of personal leave in the first payroll calendar year in which they were hired.
10.2.14.2 Each benefited part-time empl oyee shall be entitled to annual personal leave of twelve sixteen (1216) hours per year except that, in the first payroll calendar year of employment, employees hired before July 1 st will get twelve sixteen (1216) hours of annual personal leave and employees hired on or after July 1 st will get six eight (68) hours of annual personal leave.
10.2.14.3 Effective the first pay period of payroll calendar year 2022, aAn employee on a reduced work week schedule will receive Personal Leave as indicated in the chart below, even if the actual hours worked exceed that amount.
Scheduled Work Hours
per Week
Benefit Level Hours of
Personal Leave
35 – 39.9 hours per week 100% 24 32 hours
30 – 34.9 hours per week 75% 18 24 hours
25 – 29.9 hours per week 62.5% 15 20 hours
20 – 24.9 hours per week 50% 12 16 hours
Less than 20 hours per week Unbenefited None
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION (MEF), AFSCME, LOCAL 101
LUNAR NEW YEAR
10.2.14.4 aAn employee who is promoted or demoted into an MEF- represented classification will have the number of Personal Leave hours they receive upon promotion or demotion
reduced on an hour-for-hour basis based on their usage of Personal Leave and/or Executive Leave within the same
payroll calendar year.
This agreement is considered part of the tentative agreement for a successor MOA between the parties. This agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by MEF and approved by the City Council.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date fpohn Tucker Te
Director of Employee Relations (orn tu Representative
Director of Human Resources AFSCME, Local 101
Elsa Cordova Date Cindy Harlin Date
Assistant to the City Manager, OER President, MEF
City of San José
August 15, 2023
8/15/2023
8/15/2023
8/15/2023
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES’ FEDERATION (MEF), AFSCME, LOCAL 101 Animal Health Technician Classification Specifications
The City and MEF agree to continue discussions related to revising the classification specifications for the Animal Health Technician classifications. It is the goal of the parties to conclude these discussions within three (3) months of union ratification and Council approval of a successor Memorandum of Agreement (MOA).
This agreement is considered part of the tentative agreement for a successor MOA between the parties. This agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by MEF and approved by the City Council.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date in Tucker le
Director of Employee Relations Business Representative
Director of Human Resources - AFSCME, Local 101
Elsa Cordova Date Cindy Harlin Date
Assistant to the City Manager, OER President, MEF
City of San José
August 15, 2023
8/15/2023
8/15/2023
8/15/2023