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Attachment 1 - Redline MOU

Santa Rosa City Council
July 9, 2024

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Attachment 1 - Redline MOU
Meeting
July 9, 2024
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Santa Rosa City Council
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Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

1 EXHIBIT “
A” TO RESOLUTION NO. RES-2021-215

MEMORANDUM OF UNDERST
ANDING

BETWEEN

CITY OF SANTA ROSA

AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021

FOR AND ON BEHALF OF THE EMPLOYEES IN THE
CITY’S UNIT #8 – TRANSIT
JULY 1, 2021 2024 THROUGH JUNE 30, 20242027
ATTACHMENT 1

2 Management and Unit 8 Compact

Management and Unit 8 represented by SEIU, Local 1021, wish to formalize a relationship which will survive differences in interests, endure changes in leadership, and extend beyond legal and contractual requirements based on the following principles We understand and accept that a high degree of trust is essential. Therefore, we will focus on developing and maintaining trust.

We will use the City’s Basic Principles in our communication and interactions with one another:

 Focus on the situation, issue, or behavior, not on the person  Maintain the self-confidenc e and self-esteem of others  Maintain constructive relationships
 Take initiative to make things better
 Lead by example
 Think beyond the moment
We will be more responsive to each other’s complaints and issues by acting in a timely fashion, informing each other of follow up action taken and working to resolve issues at an informal level.

We agree to establish a labor management meeting that initially meets bi-monthly to utilize the principles outlined above to address issues of mutual concern.

3 Table of Contents Page ARTICLE 1 DESIGNATION OF PARTIES ............................................................................ 6 ARTICLE 2 RECOGNITION .................................................................................................... 6 ARTICLE 3 CONTRAVENTION OF LAWS .......................................................................... 6 ARTICLE 4 SEVERABILITY ................................................................................................... 6 ARTICLE 5 FULL UNDERSTANDING, MODIFICATION, WAIVER ................................ 6 ARTICLE 6 RENEGOTIATIONS............................................................................................. 7 ARTICLE 7 TERM ..................................................................................................................... 7 ARTICLE 8 RULES AND REGULATIONS ........................................................................... 8 ARTICLE 9 MANAGEMENT RIGHTS ................................................................................... 8 ARTICLE 10 EMPLOYEES’ RESPONSIBILITY .................................................................... 9 ARTICLE 11 DUES CHECKOFF .............................................................................................. 9 ARTICLE 12 MAINTENANCE OF MEMBERSHIP .............................................................. 12 ARTICLE 13 ………………………………………………………………………………….14
ARTICLE 14 OFFICERS AND COMMITTEES ..................................................................... 14 ARTICLE 15 BULLETIN BOARDS ........................................................................................ 14 ARTICLE 16 EMPLOYEES ENTERING OR LEAVING SERVICE ................................... 15 ARTICLE 17 PROBATION AND TRANSITION IN EMPLOYMENT STATUS ................ 15 ARTICLE 18 TERMINATION - LEAVE ACCRUALS .......................................................... 17 ARTICLE 19 PUBLIC COMPLAINTS .................................................................................... 17 ARTICLE 20 ATTENDING INVESTIGATION ....................................................................... 18 ARTICLE 21 UNIFORMS ......................................................................................................... 18 ARTICLE 22 EMPLOYEE AND UNION RIGHTS ................................................................ 18 ARTICLE 23 BADGES, ORNAMENTS, ETC. ...................................................................... 18 ARTICLE 24 WORK SCHEDULE ........................................................................................... 19 ARTICLE 25 DESCRIPTION OF RUNS ................................................................................ 23 ARTICLE 26 BUS OPERATORS BIDDING OF WORK ASSIGNMENTS ....................... 23 ARTICLE 27 TRANSIT SERVICE REPRESENTATIVES
QUARTERLY SHIFT BID ................................................................................. 27 ARTICLE 28 SENIORITY DEFINITION AND USE OF SENIORITY ................................. 27 ARTICLE 29 BID SENIORITY ................................................................................................. 28 ARTICLE 30 EMPLOYEE AND BID SENIORITY LISTS ................................................... 28 ARTICLE 31 OFFICERS AND LEAVES OF ABSENCE .................................................... 28 ARTICLE 32 NON-INDUSTRIAL MEDICAL LEAVE .......................................................... 29 ARTICLE 33 PERSONAL LEAVE .......................................................................................... 29

4 ARTICLE 34 UNPAID UNION LEAVE ................................................................................... 29 ARTICLE 35 UNION RELEASE TIME ................................................................................... 30 ARTICLE 36 GENERAL CONDITIONS FOR LEAVES OF ABSENCE ........................... 30 ARTICLE 37 JURY DUTY – COURT APPEARANCE ........................................................ 31 ARTICLE 38 MILITARY LEAVE ............................................................................................. 31 ARTICLE 39 BEREAVEMENT LEAVE ................................................................................. 32 ARTICLE 40 INDUSTRIAL INJURY OR ILLNESS LEAVE ............................................... 32 ARTICLE 41 SICK LEAVE....................................................................................................... 34 ARTICLE 42 SICK LEAVE INCENTIVE ................................................................................ 37 ARTICLE 43 CATASTROPHIC LEAVE ................................................................................ 37 ARTICLE 44 VACATION .......................................................................................................... 39 ARTICLE 45 HOLIDAYS FOR FULL-TIME REGULAR EMPLOYEES ........................... 40 ARTICLE 46 MODIFIED SERVICE DAYS ............................................................................ 42 ARTICLE 47 HOLIDAYS FOR REGULAR PART-TIME BUS
OPERATORS AND BUS OPERATOR TRAINEES ..................................... 43 ARTICLE 48 VACATION/FLOATING HOLIDAY SCHEDULING
AND CANCELLATION ..................................................................................... 43 ARTICLE 49 INSURANCE PROGRAM ................................................................................. 45 ARTICLE 50 HEALTH INSURANCE – CITY PLANS ......................................................... 45 ARTICLE 51 COMBINED DENTAL AND VISION CARE INSURANCE .......................... 47 ARTICLE 52 LIFE INSURANCE ............................................................................................. 48 ARTICLE 53 LONG-TERM DISABILITY INSURANCE ...................................................... 49 ARTICLE 54 RETIRED EMPLOYEES HEALTH INSURANCE ......................................... 49 ARTICLE 55 RETIREE HEALTH STIPEND ......................................................................... 50 ARTICLE 56 ADDITIONAL INSURANCE PLANS .............................................................. 54 ARTICLE 57 PHYSICAL .......................................................................................................... 54 ARTICLE 58 RETIREMENT..................................................................................................... 54 ARTICLE 59 OVERTIME – BUS OPERATORS .................................................................. 57 ARTICLE 60 CALL BACK ....................................................................................................... 58 ARTICLE 61 STANDBY ........................................................................................................... 58 ARTICLE 62 LINE TRAINING ................................................................................................. 59 ARTICLE 63 CROSS-CLASSIFICATION ASSIGNMENTS ............................................... 59 ARTICLE 64 MISCELLANEOUS ............................................................................................ 60 ARTICLE 65 AUTHORIZED AGENTS................................................................................... 61

5 ARTICLE 66 WAGE SCHEDULE ........................................................................................... 61 ARTICLE 67 BILINGUAL PAY ............................................................................................... 62 ARTICLE 68 SHIFT DIFFERENTIAL ..................................................................................... 62 RECOMMENDATION ............................................................................................................... 63 RATIFICATION .......................................................................................................................... 64 APPENDIX A ............................................................................................................................. 65 EXHIBIT A ............................................................................................................................ . 66 EXHIBIT B .................................................................................................................................

6 ARTICLE 1 DESIGNATION OF PARTIES

1.1 This Agreement is by and betwe en the City of Santa Rosa, hereinafter referred to as “CITY” and pursuant to Resolution 27082, the Service Employees International Union, Local 1021, hereinafter referred to as “UNION”.

ARTICLE 2 RECOGNITION

2.1 Pursuant to Ordinance No. 1515, the Employer-Employee Relations Ordinance of the City of Santa Rosa, and applicable state law, the Service Employees International Union, Local 1021 was designated by the City of Santa Rosa City Council as the representative of CITY employees in CITY’s Unit #8, Transit (hereafter “UNIT”).

The term “employee” or “employees” as used herein shall refer only to employees employed by CITY in regular full-time or part-time positions in the employer classifications comprising said unit as listed in Article 66 – Wage Schedule.

ARTICLE 3 CONTRAVENTION OF LAWS

3.1 The provisions of this document shall be subordinate to any present or subsequent Federal law, State law or City Charter provision.

ARTICLE 4 SEVERABILITY

4.1 Should any part of this Agreement be rendered or declared illegal or invalid by legislation or decree of a court of competent jurisdiction, this invalidation shall not affect the remaining portions of this Agreement.

4.2 If any part of this Agreement is invalidated through legislation or by a decision of a court competent jurisdiction, then either party has the right to make a written request to the other party to negotiate a replacement for the portion of the Agreement that was negated. Such written request shall be served upon the other party within thirty (30) days of the effective date of the legislation or decision by the court.

Such negotiation shall be completed thirty (30) days of the first meeting held to resolve the problem. The balance of the Agreement shall remain in full force and effect.

ARTICLE 5 FULL UNDERSTANDI NG, MODIFICATION, WAIVER

5.1 This Agreement sets forth the fu ll and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or

7 agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

5.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein.

5.3 It is further agreed and understood that, except in cases of emergency, the CITY shall not implement any changes to any matter not covered herein which is within the scope of bargaining, as defined by the MMB Act as amended, without first having met and conferred with the UNION.

5.4 No agreement, alteration, understanding variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved by the CITY and ratified by the membership of the UNION.

5.5 The waiver of any breach of any term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

ARTICLE 6 RENEGOTIATIONS

6.1 Successor Agreement: In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period January 15 to 31 of the last year of the term of this Agreement, its request to begin negotiations amending this Agreement.

6.2 Negotiations on a successor contra ct shall begin no later than February 14, 2024.

ARTICLE 7 TERM

7.1 This Agreement shall become effective July 1, 20212024, except as specifically described in any article of this Memorandum of Understanding, and shall remain in full force and effect up to and including June 30, 20242027, and will continue in effect until the parties execute a successor Agreement or the City Council lawfully takes action to modify the salary and benefits provided hereunder.

8 ARTICLE 8 RULES AND REGULATIONS

8.1 The following rules and regulations, as they exist now or as they may be amended, shall be applicable to employees and the UNION unless superseded by any provision of this Agreement:

8.1.1 Personnel Rule s and Regulations;

8.1.2 Employer-Employee Relations Ordinance.

8.2 CITY shall not change t he rules and regulations listed in this article without first providing the UNION with notice and opportunity to negotiate about matters within the scope of representation.

ARTICLE 9 MANAGEMENT RIGHTS

9.1 The CITY reserves, retains and is vested with any management rights not expressly granted to the UNION by this Agreement, the Personnel Rules and Regulations or the Employer-Employee Relations Ordinance. These Management rights include the right to:

9.1.1 Determine and modify the organi zation of CITY government and its constituent work units.

9.1.2 Determine the nature, standar d, levels and mode of delivery of CITY services.

9.1.3 Determine the methods, means , number and kind of personnel by which services are provided.

9.1.4 Lay off employees, subject to the Personnel Rules and Regulations and the City’s layoff procedure dated August 8, 2008.

9.2 Should the CITY desire to exerci se any of its management rights, the City shall, except in cases of emergency, give the UNION advance, written notice and opportunity to meet and confer within the scope of bargaining as defined by the MMBA.

9 ARTICLE 10 EMPLOYEES’ RESPONSIBILITY

10.1 The UNION recognizes that the business of the CITY is mutually advantageous to employees, the CITY and its citizens and each party agrees to assist the other in any reasonable manner to the end that unjust burden is removed. The UNION agrees to encourage its members to exert their best effort to promote a greater patronage of the CITY facilities and reduce accidents to a minimum.

10.2 In addition to their regular duties, employees may be required to act as Disaster Service Workers in accordance with California Government Code Section 3100 and the City’s Emergency Preparedness Plan and policies. Employees shall not be entitled to any additional compensation for said duties.

ARTICLE 11 DUES CHECKOFF DEDUCTION

11.1 The CITY shall deduct from the pay of UNION members, the amount certified by the UNION including any periodic membership dues and any special membership assessments as may be specified by the UNION, as properly certified.

The pro-rated monthly deductions, toget her with a written statement of the names and amounts deducted, shall be forwarded promptly to the UNION office each month.

Dues shall be deducted only for member s of the UNION within the represented unit.During the term of this Agreement and to the extent the laws of the State of California permit, and as provided herein, the CITY will deduct current and periodic UNION dues based upon a uniform dues schedule from the pay of each employee who voluntarily executes and delivers to the CITY the following authorization form:

VOLUNTARY AUTHORIZATION FOR DEDUCTION OF UNION DUES
SEIU, LOCAL 1021, CtW
Name ________________________Last 4 Digits of Social Security No._____________

Department ______________________

I authorize the City to deduc t from wages earned by me, monthly Union dues as certified to the City by the Workplace Organizer of the Union, and such other deductions

10 which I authorize and to remit the same to the Union at such time and in such manner as may be agreed upon between the City and the Union.

This authorization shall remain in effect for the duration of my employment with the City while I am employed as a Bus Operator or Transit Service Representative or

11 until my termination from the City or until it is revoked by me in writing or until SEIU is no longer my representative.
______ ______________________
Signature of Employee

______ ______________________
Address of Employee

______ ______________________
Date of Signature

______ ______________________
Date of Delivery to City

The following certificate form sha ll be used by the Union when certifying membership dues:

CERTIFICATION OF __________________ __________________ I certify that the membership dues for employees in the Unit is $ ______________ per ________.

Date _______________ Signat ure ________________________________ Workplace Organizer/Designee

11.2 Payroll deductions shall be made bi-weekly. However, the initial deduction for any employee shall not begin unless both (1) a properly executed “Voluntary Authorization for Deduction of Union Dues” and (2) the amount of the bi- weekly membership dues certified by the UNION has been delivered to the CITY at a place designated by the CITY at least ten (10) calendar days prior to the last day of the pay period. Changes in the amount of the monthly membership dues must be delivered to the CITY at a place designated by the CITY at least thirty (30) calendar days prior to the last day of the calendar month prior to the change becoming effective. This does not apply to “Special Assessments or penalties” levied by the UNION that are over and above the regular paid dues.

11.3 An employee may revoke his/her “V oluntary Authorization for Deduction of Union Dues” only as provided by the terms of his/her voluntary authorization. All sums

12 deducted by the CITY shall be remitted to the UNION at an address given to the CITY by the UNION, by the tenth (10) calendar day following the pay period when the deductions were made, together with a list of names and the amount deducted for each employee for whom a deduction was made. The CITY will also notify the UNION of the name of each employee who revokes his “Voluntary Authorization for Deduction of Union Dues.” This does not apply to “Special Assessments or penalties” levied by the UNION that are over and above the regular paid dues.The City of Santa Rosa shall provide the UNION a Bargaining Unit Report in electronic malleable format on a monthly basis of all current employees covered by this Agreement, which shall include each employee’s:
 Full Name
 Job Title
 Department
 Membership Status
 Work Location (where the member works, not just their mailing address)
 Work phone number
 Personal phone number
 Home address
 Personnel Email, if available

11. 43 The CITY shall not be liable to the UNION by reason of the requirements of this Article for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the employees. In addition, the UNION shall indemnify and hold the CITY harmless from any liability resulting from any and all claims, demands, suits or any other action arising from compliance with this Article or in reliance on any list, notice, certification or authorization furnished under this Article.

ARTICLE 12 NEW EMPLOYEE ORIENTATIONMAINTENANCE OF

MEMBERSHIP

12.1 At the time of initial employment, the City shall distribute to new unit members UNION prepared information about Union membership and UNION-prepared payroll deduction authorization forms.

13 At the time of the employing City depar tment’s orientation, the employing City department shall identify the union shop steward/representative for the worksite and introduce the new employee to the representative if practical. The City agrees to permit a UNION representative the opportunity to make a presentation each newly hired employee during the Departmental Training Program. The presentation may be up to thirty (30) minutes in length, onsite, and during regular working hours without loss in compensation.

12.2 The City shall grant the UNION designee(s) release time, including reasonable time for travel and set up, without loss in compensation to conduct these meetings.

12.3 The City representative(s) sha ll be absent from the room during any sessions, meeting or trainings conducted by the Union, with newly hired Employees.

12.4 The City shall notify the Union of Departmental Training, with a list of anticipated participants at least ten (10) days in advance.

12.5 Each pay period, the City shall provide the UNION with a list of newly hired unit members.Employees covered by this Agreement who are members of the UNION on the date this Agreement is executed shall, subject to the following, maintain their membership in the UNION for the duration thereof subject to the provisions set forth below. All other employees in the Unit shall have the option of joining or not joining the UNION. Employees electing to voluntarily join the UNION shall maintain their membership in the UNION for the duration of this Agreement subject to the provisions set forth below:

12.2 Each and all of the above employees shall have the right and the option to withdraw from membership in the UNION, including any obligation for payment of dues to the UNION, by so notifying the CITY in writing during the month of April in the last year of the term of this Agreement. The notice of withdrawal will be effective the first pay period of the following July. Employees who exercise their right to withdraw from the UNION shall be subject to the terms of Article 13 below.

14 12.3 An employee so withdrawing from the UNION shall not be subject to unilateral discrimination or suffer any adverse effect upon his/her working conditions by reason of said withdrawal and shall continue to enjoy all benefits and privileges provided by the CITY to members of the UNION.

12.4 The UNION shall indemnify and hold the CITY harmless from any liability resulting from any claims, demands, lawsuits, or any other action arising from compliance with any of the provisions of this Section.

ARTICLE 13
This Section Left Blank Intentionally

ARTICLE 14 OFFICERS AND COMMITTEES

14.1 The UNION agrees to notify the CITY in writing of the duly accredited representatives and committees representing the UNION, immediately upon their election or appointment to such offices.

14.2 The CITY will cooperate with duly authorized and accredited representatives of employees in furnishing appropriate information when so requested.

ARTICLE 15 BULLETIN BOARDS

15.1 CITY will furnish and the UNION wil l maintain a lockable bulletin board at a location agreeable to the parties.

15.2 Such bulletin board shall be us ed only for the following subjects:

15.2.1 Notice of membership and board meetings;

15.2.2 Minutes of me mbership and board meetings;

15.2.3 Notice of UNION elections and election results;

15.2.4 Roster of UNION officers;

15.2.5 Announcements of pure ly social events and functions;

15.2.6 The UNION Newsletter;

15.2.7 Notice of appointments to committees; and

15.2.8 Any other written material which has first been approved by the Department Head or designee.

15 15.3 Materials not included in categories (15.2.1) through (15.2.7) above which the UNION wishes to post shall be submitted to the Department Head or designee for approval or rejection; the Department Head or designee shall have forty-eight (48) hours during the week or seventy-two (72) hours over a weekend to approve or reject the materials. If the Department Head or designee has not reported approval or rejection to the UNION within the forty-eight (48) or seventy-two (72) hour period, the request for posting shall be deemed granted and the UNION may post the materials at that point. If rejection of the materials is made within the appropriate time limit, the UNION shall have the right to appeal the decision within two (2) working days to the Director of Human Resources or designee who shall have twenty-four (24) hours (or 72 hours over the weekend) within which to accept or reject the appeal.

15.4 In no event shall the bulletin boar d be used to post material which is libelous or defamatory; pornographic or obscene; offensive to ethnic or sexual groups; or totally unrelated to the normal business of the UNION or the Employer-Employee Relations process.

ARTICLE 16 EMPLOYEES ENTE RING OR LEAVING SERVICE

16.1 For classifications within the Unit , the CITY shall notify the UNION in writing of the name of each new employee and of each employee who leaves CITY service.

16.2 Such written notice shall be given to the UNION within ten (10) working days.

16.3 The CITY shall give each new empl oyee a copy of the Agreement existing between the parties.

ARTICLE 17 PROBATION AND TRANSITION IN EMPLOYMENT STATUS

17.1 An applicant who has entered the service of the CITY in an effort to obtain employment in a regular position will be given a probationary period of two thousand eighty (2,080) hours in which to demonstrate his/her ability to properly carry on the duties of a Transit Service Representative or Bus Operator, following completion of any Trainee status period.

17.2 An employee is a “probationary empl oyee” for the first two thousand eighty (2,080) hours worked from start date in a non-Trainee status regular-probationary

16 position within the classification. Periods of absence from work shall not be counted towards completion of the probationary period. In addition, probationary Bus Operators must complete one-thousand, nine-hundred and seventy-six (1,976) hours (95% of their 2,080 hours probationary period) in revenue service.

An employee’s probationary period ma y be extended by management based on performance. In the case of a Bus Operator who has not completed one-thousand, nine- hundred and seventy-six (1,976) hours in revenue service, the probationary period will be automatically extended until the Bus Operator meets the required driving time.

Extension of Probation shall be noticed to the probationary employee prior to completion of his/her probationary status and signed by the Department head (or designee), HR and Superintendent.

17.3 All matters concerning the disci pline, layoff or termination of a probationary employee shall not be subject to the grievance procedures as set forth in the Personnel Rules and Regulations Rule 3.

17.4 A probationary employee shall have no seniority, except choice of assignment or as otherwise provided in this Agreement, until he/she has completed his/her probationary period. Upon the completion of his/her probationary period, he/she will acquire seniority from his/her date of hire as a probationary employee within the classification.

17.5 Regular Part Time Bus O perator Benefit Eligibility

17.5.1 Upon successful completion of the probationary period outlined in Article 17.2, the FTE for Regular Part-Time Bus Operators will increase to .95 FTE for the purposes of benefit eligibility. Salary will continue to be based on hours in a paid status. The Department management will work to provide as close to .95 FTE scheduled hours as possible.

17.5.2 Upon completion of an initia l period of 4160 hours in a paid status, Regular Part-Time Bus Operators will increase to 1.0 FTE for the purposes of health, vision and dental benefits.

17.65 Regular Part-Time ( PRPT) Bus Operators will transition to full-time Bus Operator vacancies based on completion of probation, seniority based on hire date, and performing their duties without receiving a formal disciplinary action within the previous 2080 hours in a paid status. For the purposes of this MOU:

17 17.65.1 Disciplinary actions are defined as ‘formal’ when they are eligible for a pre-disciplinary hearing as set forth in the Santa Rosa Personnel Rules & Regulations, Rule 7, Section 6.7, Pre-Disciplinary (Skelly) Hearing. Verbal and Written Reprimands are not considered ‘formal discipline’.

17.65.2 Ineligibility for transition following a formal discipline shall commence upon receipt of the Notice of Discipline (Santa Rosa Personnel Rules & Regulations, Rule 7, Section 6.10, Imposition of Discipline). 1 7 . 76 An employee denied transition based on prior formal discipline will regain eligibility for transition provided 1) the employee has at least 2080 hours in a paid status from the date of their last Notice of Discipline and 2) they are the most senior PRPT Bus Operator at the time a transition-eligible full time Bus Operator vacancy becomes available.

17.87 A n PRPT Bus Operator may defer being transitioned to a FT Bus Operator vacancy and remain at the top of the transition list to FT Bus Operator by submitting a written request to do so to the Transit Superintendent prior to the date of transition.

Eligibility for transition to FT Bus Operator remains subject to Article 17.6.

ARTICLE 18 TERMINATIO N - LEAVE ACCRUALS

18.1 Employees shall be paid for unus ed vacation, upon termination from the CITY at which time he/she shall receive a lump sum payment for all unused vacation time and time granted in lieu of holidays, if any, subject to the maximum accrual provisions.

18.2 Employees terminating and subs equently reemployed are subject to reinstatement rules contained within the Personnel Rules and Regulations, which can be found at the following link:
https://inet.srcity.org/hr/_layouts/15/WopiFrame.aspx?sourcedoc=/hr/policies_procedure s/Personnel%20Rules%20and%20Regulations.pdf&action=default ARTICLE 19 PUBLIC COMPLAINTS

19.1 Complaints from the p ublic shall be filed on a form supplied by the CITY in accordance with the Bus Operator SOP Complaint Procedures agreed to by the parties.

This procedure shall not be modified during the term of this Agreement without the mutual agreement of both parties.

18 ARTICLE 20 ATTENDING INVESTIGATION

20.1 Employees required by the CITY to attend investigations during their assigned working hours will be granted paid release time to attend the investigation.

20.2 If the CITY requires employees to a ttend investigations on their days off, they shall be paid a minimum of two (2) hours of their pay computed at time and a half.

Additional hours over two (2) required to attend investigations shall be compensated in the same manner.

ARTICLE 21 UNIFORMS

21.1 The employee must wear a neat, clean uniform of CITY specifications, as provided by the CITY. Normal maintenance and upkeep is the responsibility of the employee. Replacement of uniforms for normal wear and tear shall be the obligation of the CITY.

21.2 The City shall prov ide Bus Operators and Transit Service Representatives an allowance of $120 on the first paycheck of August of each fiscal year for the purchase of footwear. New employees shall receive the allowance within one month of date of hire. Employees shall only receive one footwear allowance per fiscal year.

Footwear shall comply with Transit Division guidelines.

ARTICLE 22 EMPLOYEE AND UNION RIGHTS

22.1 UNION members will be permitted to wear reasonably sized union emblems, approximately 1” x 1” in size, on service uniforms.

22.2 Employees shall be free to parti cipate in UNION activities without interference, intimidation or discrimination in accordance with State law and CITY policies, rules and regulations.

ARTICLE 23 BADGES, ORNAMENTS, ETC.

23.1 Bus Operators and Transit Service R epresentatives will not be required to bear the expense of CITY badges, or ornaments or service insignia, name plates, ticket punches, rule books or other equipment necessary to the execution of their duties, but they will be held accountable for same. If lost or rendered unserviceable beyond that occasioned by ordinary wear and tear, employee will be required to pay for same at replacement prices.

19 ARTICLE 24 WORK SCHEDULE

24.1 Wage Order 9 Compliance

24.1.1 To ensure compliance with t he State of California Industrial Wage Board, Wage Order 9, Article 11 (F) “Meal Breaks” and Article 12 (C) “Rest Periods” the CITY and UNION agree that:

24.1.1.1 They are operating under a valid collective bargaining agreement.

24.1.1.2 Provisions of t he collective bargaining agreement concerning meal periods and rest breaks are subject to the grievance process, including binding arbitration, laid out in this article.

24.1.1.3 That the CITY pays pr emium wage rates for all overtime hours worked by members of the UNION.

24.1.1.4 That the regular hourly rate of pay is not less than 30 percent or more than the State minimum wage rate.

24.2 Work Week

24.2.1 The work week for all members of the unit shall be 168 regular recurring hours. For employees working a 5/40 work schedule, it shall begin on Sunday at 12:00 a.m. and end at 11:59 p.m. the following Saturday.

24.3 Work Hours

24.3.1 Full time employees shall be scheduled for forty (40)no fewer than forty (40) and no more than forty-two (42) work hours within a five (5) day period during the work week as defined in Article 24.2.1. Work hours are subject to the provisions of

24.5 and 24.6 below. Employees assigned a schedule of more than forty (40) hours per week would be entitled to overtime for regularly-scheduled hours worked in excess of forty (40) per week, pursuant to Section 59.3.Employees assigned a schedule other than forty (40) hours per week will use time off based on their regular work schedule for each day up to a maximum of forty (40) hours per week. Employees will not be paid for more than 40 hours of time off in any week and scheduled overtime will only be paid when hours are actually worked.

20 24.3.2 If, due to funding or servic e needs, the CITY seeks to depart from current practice, it shall notify the UNION. At the request of the UNION, the parties shall negotiate the change of practice, as well as the effects of the change. CITY shall not implement such changes without agreement of UNION for at least forty-five (45) days after receipt of notice by UNION.

24.3.3 Travel time will be paid as part of each shift in which a bus operator either provides or receives shift relief to another operator in the field.

24.4 Days Off

24.4.1 It is the CITY’s intent to minimize the number of schedules with non-consecutive days off. Therefore, days off will be consecutive whenever this does not increase costs to the CITY.

24.5 Meal Periods

24.5.1 Employees may receive a m eal period during each work shift as near the middle of the shift as possible. Any employee, who is required to work more than five (5) hours without a meal period, shall be paid one-half hour (30 minutes) at the regular hourly rate for that shift.

24.5.2 Any employee who works ov er ten (10) hours in a single day without a meal period shall also be paid for an additional one-half hour (30 minutes) meal period at one and a half (1.5) the regular rate of pay for that shift.

24.5.3 Any disputes related to this sub-article, concerning meal periods, shall be subject to the grievance process, including binding arbitration as provided in this article.

24.6 Rest Breaks

24.6.1 Each regular bid shift will rece ive recovery periods in lieu of rest breaks.

24.6.2 Any regular bid shift th at does not regularly receive these recovery periods will be referred to the Labor/Management committee to determine the shift adjustments necessary to ensure the recovery periods take place. Said meetings of the Labor/Management Committee shall occur within 2 weeks of referral to the Committee.

21 24.6.3 Any disputes related to this sub-article, concerning rest breaks, shall be subject to the grievance process, including binding arbitration, as provided in this article.

24.7 Work Day

24.7.1 When the work performed on a regular bid run is in excess of a spread of ten (10) hours in any one day, the CITY will pay a two dollar ($2.00) premium each hour, for the eleventh (11
th) and twelfth (12th) hours of work.

24.7.2 In addition to the above, when the work performed on a regular bid run is in excess of a spread of twelve (12) hours in any one day, the CITY will pay one and one-half (1-1/2) times the regular straight time hourly rate of pay for all hours worked in excess of twelve (12) hours.

24.7.3 The spread is defined as r eport time at the beginning of the work day to turn in time at the end of the work day.

24.8 Grievances for Meal Periods and Rest Breaks

24.8.1 This sub-article shall only apply to grievances initiated under sub- articles 24.5 “Meal Periods” and 24.6 “Rest Breaks”.

24.8.2 Grievances shall follow the established grievance procedures in the City of Santa Rosa Personnel Rules & Regulations, Rule 6 “Grievance Procedures.”

24.8.3 Mediation
2 4 . 8 . 3 . 1 I f a grievance is not resolved during the grievance procedure, the UNION and the CITY by mutual agreement, may request the assistance of a mediator in an attempt to resolve the grievance.

24.8.3.2 The mediator shall neither hold a formal hearing, nor make a recommendation, nor have the authority to resolve the grievance except by agreement of the parties.
2 4 . 8 . 3 . 3 I n the event the grievance is not resolved, no concessions agreed to or offered during mediation shall be admissible at a subsequent hearing.

24.8.4 Personnel B oard or Arbitration

24.8.4.1 A gr ievant may either appeal the unresolved grievance to the Personnel Board as provided in Rule 8 of the Personnel Rules & Regulations, or

22 may petition the UNION to present the grievance to Binding Arbitration as provided below.

24.8.4.2 Only the UNION may present an unresolved grievance to binding arbitration by submitting a letter to the Human Resources Director requesting that the matter be submitted to arbitration. Such letter request must be submitted to the Human Resources Director within fourteen (14) calendar days after receipt to the City Manager or designee’s decision, or fourteen (14) calendar days after the grievance hearing. Any grievance submitted to arbitration shall be limited to the grievance originally filed at the first step, except as amended by mutual agreement, and properly processed through the grievance procedure.
2 4 . 8 . 4 . 3 T h e CITY and the UNION shall attempt to agree on a neutral arbitrator. In the event that the CITY and the UNION cannot agree upon the selection of the neutral arbitrator, either party may then request within ten days, the State mediation and Conciliation Service of the State of California Department of Industrial Relations to provide a list of seven (7) persons, who are qualified and experienced as labor arbitrators. If the CITY and the UNION cannot agree within three (3) days after receipt of such list on one of seven (7) persons to act as the neutral arbitrator, they shall alternately strike names from the list until one name remains and that person shall then become the neutral arbitrator. The party making the first strike shall be determined by lot.

24.8.4.4 The expenses of any arbitration proceeding convened pursuant to this Article, including the fee for the Arbitrator and the costs of the preparation of the transcript of the proceedings shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses.

24.8.4.5 The Arbitrator s hall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation in respect to the alleged grievance and determine the remedy. The decision and/or award of the Arbitrator shall be based solely upon the evidence and arguments presented by the respective parties. The decision and/or award of the Arbitrator shall be final and binding upon the CITY, the UNION and the employee affected.

23 ARTICLE 25 DESCRIPTION OF RUNS

25.1 In order to facilitate the operation of the provisions of the Agreement, all operators will be supplied with a description of each run and assignment by number and its description will include all details in connection therewith. The following will be specifically covered:

25.1.1 Sign on and off time of assignment.

25.1.2 Leaving and arriving time of schedules operated.

25.1.3 Routes traveled.

25.2 Bus stops will be clearly marked and free from vertical and horizontal obstructions.

ARTICLE 26 BUS OPERATORS BI DDING OF WORK ASSIGNMENTS

26.1 Definitions

26.1.1 QUARTERLY BID: A proce ss by which all full time operators select their assignments from the available full-time work shifts by bid seniority as defined in Article 26.2. This process takes place every three months unless the option to alter the bid schedule to accommodate service changes in alignment with regional schedule change dates is implemented per Article 26.2.1.

26.1.2 BID GROUP: Groupings, by order of immediate bid seniority, of several bus operators who place their shift bids at the same scheduled time.

26.1.3 NON-WORKING STATUS: Fo r the purpose of Article 26, “non- working status” is defined as an operator not being cleared for work by a physician at the time of the bid.

26.1.4 OPERATOR’S BID REQU EST FORM: Form submitted by operators to select work assignments. An example of this form is in the Bus Operator’s Handbook.

26.1.5 BID LIST: Form posted to s how bid status and assignments that are taken, available, and available as proxy. An example of this form is in the Bus Operator’s Handbook.

26.1.6 PROXY BID: Operators, w ho are non-working status at the time of the bid, secure a shift by seniority they will occupy upon return to work and the next weekly schedule is posted (This process allows operators in a working status and of

24 lesser seniority to bid on shifts occupied by senior operators in a non-working status at the time of the bid).

26.2 Quarterly Bid:

26.2.1 The bidding of regular and scheduled relief assignments for full- time bus operators shall be conducted every three (3) months, with the option to alter the bid interval to two (2) months in the June-July time period and four (months) in the August-November time period and as needed to accommodate implementation of service changes in alignment with regional multi-operator schedule change dates.

Planned quarterly bid dates for each calendar year will be distributed to operators on or before January 1 of that year. In the event that a Service Change Bid per Article 26.4 affects the planned bid schedule, revised bid dates for that calendar year will be distributed.

26.2.2 The bidding process shall be conducted within a period of seven (7) working days exclusive of Saturday, Sundays and fixed holidays. The bid shall usually be conducted during the first two (2) weeks of the month prior to the month in which the new bid is to be implemented.

26.2. 23 A schedule indicating the deadline by which each operator, within a Bid Group, is to submit their request will be made available to all eligible operators. Operators whose Bid Group is scheduled to bid in the A.M. must submit their bids by no later than noon on their designated day. Operators whose Bid Group is scheduled to bid in the P.M. must do so by no later than 9:00 P.M. on their designated day. Any operator who is unable to deliver their bid in person during their scheduled bidding period may have their bid delivered by other means or submit it ahead of time.

26.2. 34 Operators must prioritize t heir bid selections, by order of preference, in accordance with the grid on the Operator’s Bid Request Form. A sufficient number of selections must be made and prioritized to ensure one will remain unclaimed following selections by those operators of higher seniority within their Bid Group.

26.2. 45 Operators who do not submit t heir bids by their posted deadline may still participate in the bidding process. Late bids will be administered in order of seniority following the scheduled bids of all other operators within their Bid Group who have timely submitted bids.

25 26.2. 56 All bids must be submitted to a Transit Field Supervisor or designee on an official Operator’s Bid Request Form. Bids tendered by other means will not be accepted. Upon receipt of each Bid Request form, a Transit Field Supervisor or designee shall sign the form and note on it the time that it was submitted. A bid will be considered final upon receipt and signature by a Transit Field Supervisor or designee. A final bid may not be modified by the Operator.

26.2. 67 The progress of the bid may be monitored on the Bid List, which will be posted on the Drivers’ Lounge notice board. This will be updated by 5:10 A.M. and 12:20 P.M. daily, following the completion of each Bid Group, for the duration of the bidding period. Each full-time regular Bus Operator, in descending order of seniority, shall select an assignment from among those remaining following the selection by employees of greater seniority. Information describing the available assignments shall include start and stop times, routes, and days off.

26.2. 78 Operators who are on vacati on during the bidding process are required to submit their bids in advance. Operators who are absent on industrial leave or with an extended illness at the time of the bid process shall indicate their non-working status on the Operator’s Bid Request, and their Proxy bid choice will be available to operators of lesser seniority. Shifts that are available from Proxy Bids will be indicated on the Bid List. Operators who submit a Proxy Bid, upon returning from non-working status, shall occupy an open shift until the next published work schedule, at which time they will assume their regular bid shift.

26.2. 89 Operators who select an assignm ent with a Proxy Bid on it may occupy that shift until the operator who submitted the Proxy Bid returns to work. An operator may only bid on one (1) assignment that has a Proxy Bid on it, in addition to their seniority bid shift. All operators must indicate on their bid Request form as to whether or not they wish to accept an assignment which has a Proxy Bid. Operators in a non-working status at the time of the Quarterly Bid cannot bid on assignments that have Proxy Bids.

26.2. 910 It is the responsibility of oper ators who are on vacation, and assigned a shift with a Proxy Bid, to ascertain if their assignment has been changed prior to returning from vacation, due to the return to work of the Proxy Bid operator.

26 26.3 Limited Re-Bid: If during the fi rst forty-five (45) days following the implementation of a quarterly bid one or more operators leave the classification of Full- time Bus Operator, a limited re-bid will be conducted among those operators of lesser seniority. Only vacated assignments will be available for selection during such limited re-bids.

26.4 Service Change bid: In the event of a planned service change, including a change to accommodate alignment with regional schedule change dates, which affects the bidding of work assignments but does not coincide with the normal bid schedule, operators will be advised a minimum of two (2) weeks prior to the service change and a new bid shall be conducted in the same manner as a Quarterly Bid. Regular bidding of assignments will resume on the normal schedule following this Service Change Bid., except by mutual agreement (e.g., if a bid to accommodate regional service changes occurs in December, the parties may agree to skip the January bid).

26.5 Service Change Limited Re-Bid: Minor service changes which effect less than 50% of a single route will be implemented immediately. The Bus Operator impacted by the minor change will have up to five (5) working days following implementation of the change to request a Service Change Limited Re-Bid. A Service Change Limited Re-Bid will be posted within two (2) business days of any such request and be conducted in the same manner as a Limited Re-Bid, from the impacted Bus Operator to the least senior Bus Operator.

26.6 UNION Review of the New Bid Schedules: Upon conclusion of each of the bids and re-bids as detailed above, a Transit field Supervisor shall prepare a Bus Operator Work Schedule reflecting the bid results. This work schedule shall be provided to a UNION representative for review twenty-four (24) hours in advance of issuing the work schedule to the unit. Any errors shall be brought to the Transit Field Supervisor’s attention within the 24-hour review period for resolution prior to issuing the schedule to the unit. No grievances may be filed for bid related issues raised subsequent to the review period.

27 ARTICLE 27 TRANSIT SERVICE REPRESENTATIVES QUARTERLY

SHIFT BID

27.1 Transit Service Representatives (TSR’s) shall bid for available shifts each quarter, concurrent with the Bus Operator shift bids. The principles of seniority outlined in Article 28 shall apply for conducting the TSR’s bid.

27.2 The TSR Shift Bid shall be conducted on a day two weeks prior to implementation of the bid when a minimum of two TSRs are available. If a TSR is not available for bid due to scheduled time off he or she may submit a bid prior to leaving.

In this circumstance the bidding TSR shall submit, in order of preference, three choices.

On the day of the bid, each TSR shall submit their bids by 3:00 p.m. Failure to submit a Shift Bid will result in being moved to the bottom of the shift bid list.

27.3 All shift bids shall be submitted on a Transit Service Representative Shift Bid Sheet.

27.4 Management shall retain the right to adjust TSR schedules, regardless of bid preference in order to meet coverage obligations during periods of reduced staffing.

TSR’s will remain on their bid work schedule when all TSR’s are working.

27.5 TSR absences of more than one week require schedule revisions for the remaining TSRs. The shifts available during that period shall be offered to the available TSR’s for bid in seniority order. TSR’s will return to their quarterly bid work schedule upon return of the absent or vacationing TSR.

ARTICLE 28 SENIORITY DEFINI TION AND USE OF SENIORITY

28.1 Definition
For the purpose of this Agreement, t he following definitions shall apply:

28.1.1 City Seniority: for the purposes of the City’s Lay-Off Procedure is defined as the time served in regular job classifications regardless of probationary status. City seniority is a term commonly used in all City departments.

28.1.2 Rate/Job Class Seniority: for the purposes of the City’s Lay-Off Procedure is defined as the time served in a regular job classification regardless of probationary status. Rate Class Seniority is a term commonly used in all City departments.

28.1.3 Bid Seniority: Bid Seniority is determined by the time an employee served in the Bus Operator (full time) job classification or the time an employee served

28 in the Transit Service Representative classification. Bid Seniority shall apply to Articles 26 and 27 in this MOU.

28.2 Statement of Pr inciples of Seniority
In the event of any reduction in the work force, the CITY will use the Lay-Off Procedure dated August 8, 2008 and apply the definitions of seniority contained therein.

ARTICLE 29 BID SENIORITY

29.1 Bid seniority shall be utilized in Arti cles 26 and 27 contained in this MOU.

In the event of a dispute arising when two (2) or more employees have the same transition date to Bus Operator (full time) or Transit Service Representative, the employee’s birth date will determine Bid Seniority, with the oldest first and the remaining in descending order of age.

29.2 Loss of Bid Seniority: Bi d seniority shall be terminated by:

29.2.1 Resignation;

29.2.2 Retirement.

ARTICLE 30 EMPLOYEE AND BID SENIORITY LISTS

30.1 The CITY shall prepare and maintain an employee list which shall show the name, classification title, department and section number and seniority date of all employees. The UNION shall be given two (2) copies of the list within thirty (30) calendar days after the date of this Agreement, and thereafter a current list every six (6) months.

30.2 These lists shall be deemed correct as to an employee’s hire date unless the employee, or the UNION for the employee, notifies the CITY as to the contrary in writing within five (5) working days after the list is received by the UNION.

30.3 The department s hall produce a seniority bid list quarterly.

ARTICLE 31 OFFICERS AND LEAVES OF ABSENCE

31.1 Members of the UNION requesting a leave of absence to hold a UNION office or position must comply with City’s policy on Leave of Absence which can be found at:
https://inet.srcity.org/hr/Forms/Request_for_Leave_of_Absence_Form.pdf

29 ARTICLE 32 NON-INDUST RIAL MEDICAL LEAVE

32.1 Employees may request a leave of absence, without pay, in accordance with the City Leave of Absence Procedure(s), in writing to their respective department heads upon the exhaustion of their accumulated paid leave time.

32.2 These requests may be approved as follows:

32.2.1 By the Department Head for a time not exceeding three (3) working days;

32.2.2 By the City Manager’s Office for any time exceeding three (3) working days; or

32.2.3 As required by state or federal law.

32.3 If the continuous period of absenc e is confined within one (1) calendar month and is less than the full calendar month, insurance benefits shall be continued to be paid by the City. In all other instances, the employee shall make arrangements to prepay the appropriate monthly premiums if insurance benefit coverage is to continue.

ARTICLE 33 PERSONAL LEAVE

33.1 An employee for personal reas ons may be granted a leave of absence without pay by the CITY for a period not to exceed three (3) months. The leave may be extended for additional periods, but in no case shall a personal leave and extensions exceed six (6) months. To be eligible for personal leave of absence without pay, an employee must first use all of his/her vacation and floating holidays. A leave for personal reasons as herein provided may not be used to extend or compound a leave of absence granted under any other provision of this Agreement.

ARTICLE 34 UNPAID UNION LEAVE

34.1 An employee who serves as an officer or Board Member of SEIU 1021, shall be able to take off up to 18 days unpaid union leave, annually, to perform the duties of their position. Requests for unpaid union leave related to this article require notification of no less than seven calendar days to the Transit Field Supervisors. For an employee to be eligible for such union leave, the CITY must receive official written notification from the SEIU 1021 Field Representative about the election or appointment of the employee as an officer or Board Member of SEIU 1021.

30 ARTICLE 35 UNION RELEASE TIME

35.1 Eighty (80) hours of release time will be provided annually to be shared between identified shop stewards. The following conditions apply to the use of release time:

35.1.1 Advanced notification must be consistent with the notification required for vacation requests.

35.1.2 Paid release time will not be counted as hours worked with regard to Fair Labor Standards Act (FLSA) or Memorandum of Understanding (MOU) overtime.

35.1.3 Any overtime generated as a result of release time will be paid by SEIU 1021 at a rate of Step 3 Bus Operator.

35.1.4 A maximum of one (1) steward at a time, is authorized to receive paid release time.

35.2 An employee who is elected or selected by the UNION, upon written request of the Field Representative of the UNION, may be granted an excused absence without pay for a period of time sufficient to attend conferences or conventions. An employee on such approved excused absence shall be eligible for holiday pay.

ARTICLE 36 GENERAL CONDITI ONS FOR LEAVES OF ABSENCE

36.1 An employee who desires a leave of absence from work without pay shall file a written request with the Department Head on forms provided by the Human Resources Department, stating the title of his/her position, the beginning and ending dates of the requested leave and a full statement of the reasons for such a request.

36.2 The Department Head may grant or deny such leave for a period not to exceed three (3) work days. Request for additional leave must be submitted in the same manner to the City Manager.

36.3 The CITY may require an employee returning after a leave of absence, for reasons of health or for a period of time in excess of sixty (60) days for any reason, to pass such medical examination as deemed necessary for reinstatement at CITY expense.

36.4 In addition, and in order to be eligib le to return to active employment, an employee returning from a medical leave of absence must provide, prior to the end of

31 the leave, a statement from the employee’s physician releasing the employee to return to work.

36.5 During a leave of absence, exc ept as otherwise required by law an employee will not accrue any benefits, sick leave, nor be eligible for any payment for time off as provided by this Agreement.

36.6 Subject to and consistent with a ll insurance programs and the City’s Leave of Absence Policy, coverage may be continued during a leave of absence without pay provided direct payment of the total premium is made by the employee in a manner prescribed by the CITY. However, if the continuous period of absence is confined within one (1) calendar month and is less than the full calendar month, insurance benefits shall be continued by the CITY.

36.7 During a leave of absence no contribution shall be made to the employee’s retirement plan by either the employee or the CITY. At the same time, benefits shall not accrue during a leave of absence, contributions cannot be withdrawn nor are they forfeited.

ARTICLE 37 JURY DUTY – COURT APPEARANCE

37.1 An employee required to appear in court for any of the following reasons or purposes shall be paid the amount that would have been earned in his/her regular day’s assignment plus the necessary expenses.

37.2 Expenses will be paid only under these conditions:

37.2.1 Court appearances at the request of the CITY.

37.2.2 Jury duty, provided that such member who is called for and serves on jury duty, shall remit to the CITY such jury fees as received.

37.2.3 Court appearances in answe r to subpoena arising from an event or transaction he or she witnessed while in the performance of the duties, duly served, other than appearances as a witness adverse to the CITY. Other appearances in answer to subpoena duly served will be subject to applicable law.

ARTICLE 38 MILITARY LEAVE

38.1 An employee may be absent on milit ary leave as authorized in Sections 395 through 395.8 of the Military and Veterans Code of California, the Federal Uniformed Services Employment and Re-employment Rights Act, and City policies.

32 38.2 The employee shall furnish to the City Manager’s Office satisfactory proof of his/her orders to report for duty and of his/her actual service pursuant to such orders.

38.3 Employees with less than one (1) year credited service shall take such leave without compensation from the CITY or as provided in the Military and Veterans Code.

ARTICLE 39 BEREAVEMENT LEAVE

39.1 Employees may take up to forty (40) hours of bereavement leave because of death in the immediate family.

39.2 For the purpose of bereavement l eave, immediate family shall mean spouse, qualified state-registered domestic partner, father, father-in-law, mother, mother-in-law, brother, sister, child (including stepchildren), stepparents, grandparents and grandchildren of the employee or parents and children of the employee’s qualified state-registered domestic partner.

39.3 Employees taking bereavement leave shall certify to the City at the time leave is taken (1) name, date of death and relation of the relative; (2) anticipated length of the leave; and (3) if the notice cannot be given in writing at commencement of the leave, the employee shall give telephone notice and make written notice on the first workday back from bereavement.

39.4 Employees shall be allowed at leas t five (5) workdays off for bereavement leave. Employees may supplement the paid bereavement leave in Section 39.1 with accrued leave (including vacation or sick leave) or unpaid leave to reach a total of five (5) workdays of bereavement leave.

39.5 Payment for bereavement leave shall be authorized by the Department Head.

ARTICLE 40 INDUSTRIAL INJURY OR ILLNESS LEAVE

40.1 Industrial injury or illness benefits shall be payable in situations where employee absence is due to industrial injury or illness as provided in California Workers’ Compensation law and CITY policies.

40.2 Industrial disability claims may be investigated if the employee’s immediate supervisor is not notified of the nature of the disability as soon as possible.

33 The employee’s supervisor must complete a Notice of Injury Form within twenty-four (24) hours of the notification of the injury.

40.2.1 In all cases the CITY ma y require a medical release and/or medical examination before an employee who has been on industrial leave returns to work.

40.3 Employees may select one (1) of the two (2) plans outlined below to receive benefits upon suffering an industrial injury or illness. Employees who do not specifically choose one (1) of the two (2) plans shall be compensated in accordance with the CITY Supplemental Workers’ Compensation Plan.

34 City Supplemental Workers’ Compensation Plan:

40.4 This plan supplements t he State plan and provides:

40.4.1 The employee shall re ceive full salary from the CITY.

40.4.2 This plan provides for fu ll salary continuation with employees sick leave accrual being charged at the rate of one fourth (1/4) day for each day of absence.

40.4.3 Payments shall be based on a seven (7) day week.

40.4.4 The employee shall not be charged sick leave on the day of injury or for the subsequent three (3) days.

40.4.5 Once sick leave is exh austed, compensation shall be made in accordance with the State Workers’ Compensation Plan.

State Workers’ Compensation Plan:

40.5 This plan is the state-wide plan which shall be strictly adhered to and provides:

40.5.1 The employee shall receive si xty-six and two-thirds (66 2/3) of salary to a maximum prescribed by State law.

40.5.2 No sick leave sha ll be charged to the employee.

40.5.3 Salary payments shall be based on a seven (7) day week.

40.5.4 No regular CITY salary shall be paid.

40.5.5 No compensation shall be pai d for the day of injury or for the subsequent three (3) days unless the employee was hospitalized or lost time exceeds fourteen (14) days.

40.6 Sick leave for industrial injury shal l not be allowed for a disability resulting from sickness, self-inflicted injury or willful misconduct.

ARTICLE 41 SICK LEAVE

41.1 Each regular full-time employee s hall earn and may accumulate sick leave as follows:

HOURS EARNED HOURS EARNED MAXIMUM HOURS

MONTHLY ANNUALLY OF ACCUMULATION
8 9 6 No Limit

41.2 Regular part-time employees shal l accrue sick leave on a prorated basis based on actual hours worked.

35 41.3 Sick leave shall not be consider ed as a right which an employee may use at his or her discretion and shall be allowed only in case of actual sickness or disability of employee or dependent or in accordance with state or federal law.

41.4 The CITY shall revoke pay, sick leave time and take appropriate disciplinary action if the employee is not using sick leave as authorized, has engaged in private or other public work while on sick leave.

41.5 The CITY may require an em ployee to provide a medical provider’s statement verifying the employee’s ability to return to work and any work restrictions prior to permitting the employee to return to work following the use of any sick leave in accordance with the City’s Personnel Rules and Regulations. https://inet.srcity.org/policy/_layouts/15/WopiFrame.aspx?sourcedoc=/policy/PENDING_ Admin_Policies/Personnel%20Rules%20and%20Regulations.pdf&action=default

41.6 If an employee has not recovered by the time he has exhausted his/her accumulated paid leave balances, the City Manager’s Office may grant the employee a leave of absence, without pay, upon receipt of such a request in writing from the employee.

41.7 During the initial probationary peri od of employment, sick leave for the probationary employee shall accrue at the same rate as provided above, except that the City Manager may allow a probationary employee up to 48 hours of sick leave with pay, prorated for regular part-time employees, before it has accrued. An employee must exhaust all existing leave balances prior to receiving the sick leave advance.

41.8 On taking sick leave time, A.M. sh ift employees shall telephone the voice mail of the on-duty supervisor a minimum of ninety (90) minutes prior to the time set for beginning daily duties or by another time specified by the CITY unless beyond the control of the employee.

41.9 On taking sick leave time, P.M. sh ift employees shall telephone the voice mail of the on-duty supervisor a minimum of three (3) hours prior to the time set for beginning daily duties or by another time specified by the CITY unless beyond the control of the employee.

41.10 For the purpose of charging sick leave, the minimum sick leave chargeable shall be one (1) working hour.

36 41.11 An employee shall be eligible for sick leave when he/she is unable to work because of disability due to sickness or injury.

41.12 Employees may use hours of ac cumulated sick leave during the fiscal year for the illness or injury of their spouse, state-registered domestic partner, child, adopted child, foster child, stepchild, child of employee’s state-registered domestic partner, parents, step-parents, foster parents, parents-in-law (including step-parents), grandchildren, grandparents, siblings, and any dependent for which the employee serves in “loco parentis” status, or any other person as provided by State law

41.13 No sick leave shall be payable for any sickness, disability or injury which results or occurs as follows:

41.13.1 Participating in a criminal act;

41.13.12 Working for an employer other than the CITY;

41.13. 23 During vacation unless the employee was confined to a hospital or its equivalent;

41.13. 34 During a layoff, leave of absence, or disciplinary layoff;

41.13. 45 After a termination date.

41.14 Sick leave shall continue to accrue while an employee is in paid status (including paid time on vacation, on sick leave or on job-connected injury leave).

41.15 Any employee who retires or whos e position is eliminated, and who has completed ten (10) consecutive years of employment as a regular employee with the CITY may receive payment for fifty percent (50%) of any accumulated but unused sick leave, up to a maximum of six hundred (600) hours and receive service credit for the remainder OR may choose to convert their entire balance of their sick leave to service credit as provided in Government Code 20862.8 described in Article 58.7. Sick leave conversion to service credit shall be available for employees who retire with CalPERS within 120 days of separation from the City. The rate of compensation to the employee shall be his/her rate of compensation at the time he/she leaves the position. No credit or payment for unused sick leave shall be given in any situation involving a dismissal for cause. In the event of the death of an employee payment shall be made under Article

41.16. 41.16 If an employee dies, then all of the employee’s accumulated sick leave shall be paid at the regular hourly rate of pay at the time of the employee’s death. Such

37 payment shall be made to the person named by the employee as beneficiary in the employee’s CITY provided life insurance policy.

ARTICLE 42 SICK LEAVE INCENTIVE

42.1 Employees can accrue eight (8) hour s of paid leave prorated to FTE, if they used no sick leave as specified below.

42.2 If an employee uses no sick leave bet ween the first day of the first pay period that ends in July through the last day of the last pay period in June, the employee shall receive eight (8) hours of paid time off on the first day of the second pay period in July.

42.3 Paid time off allocated for Sick Leav e Incentive must be taken only as time off by the end of the fiscal year in which it is allocated or before an employee leaves the bargaining unit, or it will be removed from the employee’s leave balance. Paid time off for Sick Leave Incentive cannot be cashed out. The scheduling of the 8 hours of paid time off is subject to the Vacation/Floating Holiday Scheduling and Cancellation Procedure in Article 48.

ARTICLE 43 CATASTROPHIC LEAVE

43.1 Employees may donate accrued leave to other employees who suffer a catastrophic illness or injury or to an employee to care for their spouse, state registered domestic partner, parent or a dependent minor child who suffers from a catastrophic illness or injury in accordance with the Catastrophic Leave Policy insert weblink:
https://inet.srcity.org/policy/_layouts/15/WopiFrame.aspx?sourcedoc=/policy/master_libr ary/Catastrophic%20Leave.docx&action=default

43.2 Catastrophic leave is a paid l eave of absence due to life threatening verifiable long-term illness or injury such as, but not limited to, cancer and heart attack which clearly disables the individual.

43.3 Employees who have successfully completed two thousand eighty (2,080) hours or one (1) year in paid status shall be eligible for catastrophic leave due to their own catastrophic illness or serious injury or catastrophic illness of their spouse, state- registered domestic partner, parent or dependent minor child.

43.4 The employee must first exhaust all leave balances before qualifying for catastrophic leave.

38 43.5 Catastrophic leave sh all be additional paid leave available from vacation, floating holidays, or compensatory hours donated by other employees to a specific qualified employee.

43.6 Employees donating vacation, float ing holidays, or compensatory hours must donate in increments of whole hours. The donating employee must have a vacation leave balance of at least forty (40) hours of vacation leave after the donation.

Employees may donate all of their accrued compensatory time or administrative leave.

43.7 Employees may donate up to 24 hour s of sick leave on an annual basis.

Employees donating sick leave in this way must have a balance of 80 hours of sick leave following the donation.

43.8 An employee requesting catastrophic leave must receive the recommendation of his or her Department Head and the approval of the City Manager or his/her designated committee. Such leave may initially be approved up to a maximum of three hundred forty (340) donated hours. If the catastrophic illness or injury continues, up to an additional three hundred forty (340) donated hours may be recommended and approved.

43.9 The Finance Department shall acc ount for the donation and disbursement of catastrophic leave hours. All time donated will be credited on an hour-to-hour basis regardless of hourly pay differentials between donating employee and recipient.

43.10 Catastrophic leave shall not be used in conjunction with any long or short- term disability benefits or Workers’ Compensation Leave.

43.11 While an employee is on catastrophic leave, using donated hours, the employee shall not accrue any vacation or sick leave.

39 ARTICLE 44 VACATION

44.1 Employees shall earn and may accumulate vacation time as indicated below:

HOURS

YEARS OF EARNED HOURS EARNED MAXIMUM HOURS OF

SERVICE MONTHLY A NNUALLY ACCUMULATION
1 – 4 6-2/3 80 160
5 – 9 10 120 240
10 – 14 13 1/3 160 320
15 – 19 14 1/6 170 340
20 – 24 15 180 360
25+ 16-2/3 200 400

44.2 Regular Part-Time employees sha ll accrue vacation time on all regular hours in a paid status, up to 40 hours per week.

44.3 No employee shall accumulate more vacation than provided above.

44.4 Employees must be employed by the CITY for one (1) complete year prior to using accrued vacation. The Department Head or his/her designee may approve prior use of vacation time in unusual circumstances.

44.5 In the event that one or more holi days fall within an annual vacation leave, such holidays shall not be charged as vacation leave. Upon the approval of the Department Head, the vacation leave may be extended accordingly.

44.6 Vacation scheduling shall be approved by the CITY prior to being taken with due regard for the employee’s needs and the CITY’s need to provide services.

44.7 Vacation shall not be used fo r industrial injury leave.

40 ARTICLE 45 HOLIDAYS FOR FU LL-TIME REGULAR EMPLOYEES

45.1 Each full-time regular position em ployee covered by this Agreement shall be eligible for the following fixed holidays on the date observed and no other day, for the term of this Agreement.

HOLIDAY DATE HOLIDAY IS OBSERVED
New Year’s Day January 1
Easter Sunday Easter Sunday
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25

45.2 Eligible employees who qualify fo r pay on these holidays shall receive holiday pay at their straight time rate based on their regular work shift on that day. For example, if an employee is regularly scheduled to work eight and a half (8.5) hours on a holiday, the employee will receive eight and a half hours of holiday pay. If a holiday falls on an employee’s regular day off, the employee will receive eight (8) hours of pay at the employee’s straight time rate. In order to qualify for a paid holiday, the employee must be on active pay status or must report for work on both the last regular working day immediately preceding the holiday and on the first regular working day following the holiday. Unless the employees so reports, he/she shall receive no pay for such holiday.

45.3 Employees who are scheduled by the CITY to work on a date a holiday is observed shall be compensated at the overtime rate of time and one-half (1.5) for the hours worked. An employee who fails to report for such scheduled work on any such holiday shall receive no pay.

45.4 In the event a holiday occurs while an employee is on paid sick leave, he/she shall receive the holiday pay provided for above in lieu of sick leave pay.

45.5 In the event a holiday falls on an employee’s scheduled day off and the employee is required to report to work, such work shall be covered under the terms of the overtime provision.

45.6 In addition to and separate from the above fixed holidays, each eligible full time employee covered by this Agreement on July 1 of each fiscal year, shall be entitled

41 to five (5)eight (8) paid F-timefloating holidays or a total of forty (40)sixty-four (64) hours of floating holidayF -time.

Effective the first full pay period following January 1, 2022 each eligible full-time employee covered by this Agreement shall receive two (2) paid floating holidays.

Effective July 1, 2022 the floating holidays as referenced in this article 45.6 is being increased by sixteen (16) hours per fiscal year. Each eligible full-time employee covered by this Agreement on July 1 of each fiscal year, shall be entitled (7) paid floating holidays or a total of fifty-six (56) hours of floating holiday time.

45.7 Following the completion of ten years of City service, full- time regular employees shall receive one (1) additional Floating Holiday per fiscal year for a total of six (6) full-time equivalent floating holidays. This additional, sixth Floating Holiday must be used as time off. It is not transferable from year to year, nor can cash-in-lieu be exchanged for this holiday. Eligibility for the additional Floating Holiday shall be based on an employee’s City seniority date.

45.8 Employees who are hired into a full-ti me position or transition during the first six months of the fiscal year shall receive five (5) paid floating holidays or total of forty (40) hours of floating holiday time; employees who are hired into a full-time position or transition during the second six months of the fiscal year shall receive two and one- half (2.5) paid floating holidays or 20 hours of floating holiday time. Floating holidays shall only be taken during the fiscal year in which they occur. Employees may elect to receive cash in lieu of time off for floating holidays.

45.9 Effective July 1, 2022, Sections 45.8 shall be superseded by Section

45.10. 45.108 Employees who are hired into a full-time position or transition during the first six months of the fiscal year shall receive seven (7)eight (8) paid floating F-time holidays or total of fifty-six (56)sixty-four (64) hours of floating F-time holiday time; employees who are hired into a full-time position or transition during the second six months of the fiscal year shall receive three and one-half (3.5)four (4) paid floating F-time holidays or 28 thirty-two (32) hours of floating F-time holiday time.

45.9 Floating F-time holidays will be credited at the start of each fiscal year and shall only be taken during the fiscal year in which they occur. Employees may elect to receive cash in lieu of time off for floating F-time holidays.

42 ARTICLE 46 MODIFIED SERVICE DAYS

46.1 Subject to Council appr oval of reduced transit service, the parties agree to the following Modified Service Days (similar to Saturday schedule). no sooner than January 1, 2022

46.1.1 Martin Luther King Day, Pres idents Day, Day after Thanksgiving, Christmas Eve, New Year’s Eve.

46.2 Because the Modified Service will prevent some Full-Time Operators from working, and those not able to work willshould be able to use a Floating holiday (F-time or vacation time) for that day of Modified service, if the operator is out of F-time they will use vacation.

In the event that any Full-time operator who chooses to workworks a modified schedule and is affected by Modified Service scheduling, the Operator shall receive the guarantee of 40 hours per week. (Per Article 24.3) However, the Operator will only be paid for the time worked or on paid leave (e.g., if an Operator is scheduled for less than 40 hours in a week due to the Modified Service, the Operator will either receive training, perform additional work within the Bus Operator classification, or request to use F-time or vacation to reach 40 hours).

46.3 Work assignments for modified se rvice days will be made as follows.

Signup sheets for scheduled runs on modified service days will be posted for seven (7) days. Work will be filled in descending order of the number of pay hours. Assignments from each signup sheet will be made in seniority order. Any work remaining open after assignments are made from the signup sheets will be assigned in reverse seniority order starting with employees who otherwise would have worked on that date. Any remaining work will then be assigned in reverse seniority order including employees who would not have otherwise been scheduled to work on that date.

46.4 Through December 2021, the CITY shall make a lump sum payment equivalent to twelve (12) hours pay at the base hourly rate to each full-time employee.

Such payment shall be made as part of the first paycheck in December of each year to employees who have been continuously employed since the previous December 1.

Employees who have not been continuously employed in a full time status since the previous December 1 shall receive a prorated payment based on calendar days worked in a full time status. Permanent Part-Time Bus Operators and Bus Operator Trainees

43 are not eligible for this lump sum payment. Effective January 2022 the employees will no longer receive the payment described in section 46.4.

ARTICLE 47 HOLIDAYS FOR REGU LAR PART-TIME BUS OPERATORS

AND BUS OPERATOR TRAINEES

47.1 In lieu of holiday pay provided for In Articles 45 and 46, effective the pay period including July 1, 2024, employees classified as Regular Part-time and trainees in this classification shall receive a bi-weekly payment for all holidays as follows:

47.1.1 108 124 hours of holiday pay/2,080.

This formula yields 0.0596 .0519 x number of hours in a paid status of the bi-weekly period.

Effective the first full pay period in January 2022 the in-lieu holiday hours will be increased by 8 hours. 116 hours of holiday pay/2,080. This formula yields .0557 x number of hours in a paid status of the bi-weekly period.

47.1.2 Number of hours in a pai d status shall include all base pay, including sick, vacation, jury duty, bereavement, military, etc. Overtime hours and holiday pay-off hours are not included in the calculation to determine PRPT holiday pay.

ARTICLE 48 VACATION/FLOATIN G HOLIDAY SCHEDULING AND

CANCELLATION
Bus Operators

48.1 The vacation/floating holiday bid fo r the following calendar year for full- time operators will be conducted during the first two (2) weeks of each December, in order of bid seniority.

48.2 Immediately upon the completion of t he full-time Operator Vacation Bid, the vacation bid for Regular part-time operators will be conducted, the order of bidding to be determined by seniority with the part-time operator ranks, as determined by date of hire.

48.3 Vacation requests are to be submi tted in writing to a Transit Field Supervisor. Requests shall be limited to the operator’s accrued vacation and floating holiday balance at the time the bid is conducted, plus the projected vacation accrual for the next calendar year. Each operator is responsible for ensuring that his or her vacation bid request does not exceed this limit and that he or she will have accrued sufficient vacation and/or floating holiday hours by the time the vacation will be taken.

44 Upon receipt of each request the Transit Field Supervisor shall update the vacation calendar displayed on the drivers’ room notice board. Should an operator’s bid be found to exceed the vacation bid request limit, the operator shall be required to adjust his or her vacation bid request to comply with the limit. Failure to submit a written vacation request shall be construed as a desire on the operator’s part not to take part in the bidding process until a later date.

48.4 For bidding purposes, vacation days and floating holidays shall be treated alike.

48.5 When considering any vacation or floating holiday request, the attempt will be made to schedule days off as requested by the employee. In no event, however, is there a requirement to grant vacation or floating holiday time off to more than six (6) operators.

48.6 The calendar displaying allocated vacation and floating holiday time shall be displayed in the drivers’ room for the entire year and updated as necessary.

48.7 After completion of the initial vacati on bid, further requests for vacation or floating holidays shall be made in writing no less than seven (7) days prior to the requested vacation day(s). Approval or denial of all requests shall be confirmed in writing.

48.8 Emergency requests for vacation or fl oating holiday time that do not meet any of the above requirements will be considered by the Department Head or designee on a case by case basis, with due regard for the employee and particular regard for the needs of the service.

48.9 Requests to cancel previously ap proved vacation or floating holidays must meet the following criteria. Failure to comply could result in denial of the cancellation request.

48.9.1 Where the maximum number of operators have approved vacation requests on file for that date(s), cancellation requests must be made in writing no less than twelve (12) days prior to the date the vacation was to be taken. In this event, a notice shall be displayed in the drivers’ room showing the vacated dates.

Operators shall then have four (4) days to submit a written request for the vacated date(s) to be allocated to them. The vacated date(s) will be allocated to the operator highest in seniority.

45 48.9.2 Where fewer than the maximum number of operators have approved vacation requests on file for that date(s), cancellation requests must be made in writing no less than ten (10) days prior to the date the vacation was to be taken.

48.10 Upon taking approved vacation time, a .75 PRPT bus operator shall have the option of requesting compensation equal to one of the following:

48.10.1 Eight (8) hours per day

48.10.2 Six (6) hours per day

48.11 Upon taking approved vacation time , a .95 bus operator shall have the option of requesting compensation equal to one of the following:

48.11.1 Eight (8) hours per day

48.11.2 Seven (7) hours and thirty (30) minutes
Transit Service Representatives

48.12 The vacation/floating holiday bid for Transit Service Representatives (TSRs) shall be conducted in December for the following calendar year.

48.13 The TSR vacation bid shall be conducted on a seniority basis in accordance with the Division Standard Operating Procedures (S.O.P.).

48.14 In no event, is there a requirement to grant vacation or floating holiday time off to more than one (1) Transit Service Representative on the same calendar day.

ARTICLE 49 INSURANCE PROGRAM

49.1 The CITY shall provide the in surance programs described in this Agreement. The parties agree the CITY has the right to provide those insurance programs by self-insurance, through an insurance company or by any other method which provides the coverage outlined below.

ARTICLE 50 HEALTH INSURANCE – CITY PLANS

50.1 The City shall offer employ ees, and their eligible dependents a health insurance program under the terms set forth below.

50.2 Employee contributions toward the monthly health insurance premium shall be as follows:
a) Employees shall pay 12.5% of the cost of the health premium for the health plan with the least expensive monthly premium. If the other health plans remain

46 at or below 6% of the least expensive monthly premium employees with those plans shall also contribute 12.5%.
b) For the next most expensive m onthly health premium, employees shall contribute 15% of the cost of the premium if the average premium difference is higher than 6% of the least expensive premium.
c) For the most expensive mont hly health premium employees shall contribute 20% of the cost of the premium if the average premium difference is 12% or more than the least expensive premium. If the most expensive premium has an average premium difference greater than 6% and but less than 12% the employee shall pay 15%.

50.3 The average premium difference is calculated at each premium level (single, double, family) and then the percentages are averaged.

Example – How the Average Percentage Premium is Calculated Lowest Cost
Plan
Medium Cost
Plan % Over Highest Cost
Plan % Over
Single $487 $508 4.3% $584 19.9 %
Double $994 $1,032 3.8% $1,192 19.9 %
Family $1,311 $1,449 10.5% $1,666 27.1%
Average
Premium
Difference

6.20%

22.30%

Percentage of
Premium
Employee
Would Pay

12.50% 15% 20%

50.4 Part-time employees may elec t to participate in health insurance plans at the same benefit eligibility level as a 1.0 FTE.and the City will contribute a percentage of the employers portion of the premium equaling the employee’s authorized position full- time equivalent (FTE) towards the selected coverage. The part-time employee will be responsible for the balance of the premium through payroll deductions. If the part-time employee does not select coverage, no cash payment will be made in lieu of the insurance. Part-time employees who do not initially choose health insurance are

47 eligible to elect at a later date through open enrollment or if eligible due to certain qualifying events as defined by law.

50.5 The most current health insurance plan details and documents can be found online at https://flimp.live/CityofSantaRosa.Health insurance plan changes which became effective January 1, 2012 are detailed in Exhibit A.

ARTICLE 51 COMBINED DENTAL AND VISION CARE INSURANCE

51.1 The City shall offer employees, an d their eligible dependents, Dental and Vision insurance under the terms set forth below. More specific information is listed in Exhibit AB of this MOU.

51.2 Enrollment for dental and vision b enefits shall be combined. Employees shall be required to elect both insurance plans or neither insurance plan.

51.3 The CITY shall contribute 100% toward the premium for full time employees.

51.4 Part-time employees may elect to enr oll in the combined dental and vision care insurance coverage and the CITY will contribute a percentage of the premium equaling the employee’s authorized position full-time equivalent (FTE) towards the coverageat the same benefit eligibility level as a 1.0 FTE. The part-time employee will be responsible for the balance of the premium through payroll deductions.

If the part-time employee does not elect coverage no cash payment will be made in lieu of the insurance.

51.5 The CITY shall post a summary pl an description of the coverage on the employee services website.
https://inet.srcity.org/EmployeeServices/Pages/Home.aspx

51.6 Employees will be notified of any premium increases with annual open enrollment materials.

51.7 Employees, including regular part-time employees, may enroll for a minimum of two (2) years in the combined dental and vision care program at time of hire, within sixty (60) days of a qualifying event, or during annual open enrollment.

Employees may drop coverage because of a qualifying event or any time after two (2) years of continuous coverage. Employees dropping coverage will be allowed to re- enroll in the program during annual open enrollment or when a qualifying event occurs.

48 51.8 The vision care program whic h provides an eye examination, and allowance for lenses, and frames once each twelve (12) months. The deductible shall not exceed twenty dollars ($20.00).

51.9 The vision allowance for frames is $150, and the allowance for contact lenses is $125. Effective January 1, 2018, the combined dental and vision benefits offered to Unit 8 will be improved by an increased premium of twenty-five dollars ($25.00) per employee per month. The City and Unit 8 will meet and confer over such benefit improvements within fifteen (15) calendar days of receiving costing information related to these improvements from the City’s insurance broker.

51.10 Adult children up to age 26 shall be permitted coverage under combined dental and vision insurance without proof of student status.

51.11 From October 1, 2013 to December 31, 2013 the City shall provide dental and vision insurance as separate insurance plans with separate enrollment.

ARTICLE 52 LIFE INSURANCE

52.1 The CITY shall offer employees term life insurance coverage in the amount of $20,000 for each employee. Additional term life insurance up to $200,000 may be purchased by each employee at his/her cost through a payroll deduction system. Proof of good health may be required for employee paid life insurance subject to the rules of the insurance carrier. Optional spouse or state registered domestic partner life insurance up to fifty thousand dollars ($50,000) may also be purchased through payroll deduction. The amount of spouse or state registered domestic partner life insurance may not exceed fifty percent (50%) of the supplemental insurance amount the employee has on himself or herself. Proof of good health may be required for spouse or state registered domestic partner life insurance subject to the rules of the insurance carrier. The CITY shall provide each employee under this program with a certificate of coverage and a summary description of the program. A summary description of the program can be found at the following link:
https://inet.srcity.org/EmployeeServices/Pages/Life%20Insurance.aspx

49 ARTICLE 53 LONG-TERM DISABILITY INSURANCE

53.1 The CITY shall offer full-time and part-time employees a long-term disability insurance program and pay the monthly premium costs during the term of this Agreement. The major components of the plan are:

53.1.1 A 90-day elimination period;

53.1.2 Benefit period to age 65;

53.1.3 60% of insured earnings;

53.1.4 $5,000 maximum monthly insured earnings;

53.1.5 $3,000 maximum benefit; and

53.1.6 $100 minimum benefit.

53.2 Effective as soon as possible but no later than January 1, 2025, the City shall offer benefit eligible employees a short-term disability insurance program and pay the monthly premium costs during the term of the agreement. The short-term disability insurance program shall include a paid family leave benefit. Details of the program benefits are outlined in the plan documents available on the Employee Benefits Webpage.

53.3 The CITY shall provide each employee under these programs this program with a certificate of coverage and a summary description of the programs upon request. A summary description of the program can be found at the following link:
https://inet.srcity.org/EmployeeServices/Pages/Long%20Term%20Disability.aspx

ARTICLE 54 RETIRED EMPLOYEES HEALTH INSURANCE

54.1 Employees who retire from the CITY may continue their CITY Health Insurance Program coverage by the payment of appropriate premiums to the City or its designated administrator in advance of such coverage on a monthly basis. The premiums shall be determined by the CITY. The CITY shall provide enrolled retirement employees a description of this plan. When the employee and/or the spouse reaches age 65, they must enroll in Medicare A and B even if they remain on the plan. Retired Employees who are not eligible for Medicare may remain on the City health plan but shall pay the “Non-Medicare” rate. The employee must be enrolled under the CITY

50 Health Insurance Program at the time of retirement in order to qualify for the conversion privilege.

54.2 Subject to the terms and conditions of the insurance carriers, a retiree who reaches age 65 and goes to Medicare, may leave his/her spouse on the “City Plan” until the spouse turns 65. Payment of appropriate premiums shall be paid to the City on a monthly basis. Please refer to the Employee Retirement Guide.

54.3 The CITY has the right, at its opt ion, to separately experience rate the retirees.

ARTICLE 55 RETIREE HEALTH STIPEND

55.1 The City has estab lished and administers a plan and trust to provide a retiree health stipend defined contribution benefit plan. Under this plan and trust, benefits paid to employees will be tax free, for as long as allowed by federal and state law, contributions will be pre-tax and trust income will be tax exempt.

55.2 The terms and conditions of eligib ility and the amount of the stipend payments will be as provided in the plan documents. If there is any conflict between this MOU and the current plan document, the current plan document controls. The plan and trust will provide that benefits and/or contributions may be adjusted up or down, even after retirement, to take into account changes recommended by the actuary as required to pay for the benefits. Any modification to the employer’s contributions to the Post-Retirement Medical Benefits Defined Contribution Plan is subject to meet and confer by the parties. An Actuarial analysis of the plan shall be performed no less than every two (2) years. The cost of the actuary shall be paid for by the plan.

55.3 The plan funds shall be held in accordance with the Trust Agreement unless otherwise specified in the plan or an amendment thereto.

55.4 The City reserves the right to contra ct the administrative duties of this program and pass the cost of the administrative duties to the plan.

55.5 The approved plan was adopted effective January 1, 2008 and all employees leaving the bargaining unit that date or thereafter are subject to the terms of the plan except as specified in the Plan Document. As provided by the Plan Document, employees who were in the bargaining unit and left the unit without retiring prior to

51 January 1, 2008, are not eligible to receive a stipend from the Unit regardless of the employee’s number of years of service in Unit 8 at that time.

55.6 Employees are eligible to receive benefits when they terminate city employment, reach the age of 55, and have 4 or more years of service within the unit as defined in the Plan.

55.7 For employees in the bargaining unit as of January 1, 2008, all time in service with the City prior to that date is considered in computing years of service in the plan. After January 1, 2008, only time in service within the bargaining unit is considered in computing years of service for the Plan.

55.8 The intent of this plan is for the eligible retiree payments to remain at the amount specified when the retiree first became eligible for payments. However, based on actuarial recommendations and in accordance with the Plan, benefit amounts may be decreased proportionately to all recipients. Increases to recipients’ benefits will only occur if active employees in the respective bargaining unit make that decision consistent with the terms of the Plan Document. For any benefit amount change to be effective, the unit must submit a notice to the City’s Risk Manager which includes (i) the date and results of the unit’s vote, (ii) the new benefit amounts approved by the unit, and (iii) the effective date for those changes. For retroactive changes, the City must receive this notice no later than February 15th of the calendar year following the year in which the change is proposed to take effect (for example, the City must receive the notice by February 15, 2018 for any changes intended to be retroactive to January 2017). The notice must be signed by an individual who has the authority to bind the unit.

55.9 Employees who were in the bargaining unit and retired, with a minimum age of 55, July 1, 1990 through December 31, 2007 with 15 consecutive years of service with the City receive $166 per month benefit.

55.10 For eligible employees who retire before January 1, 2016, the full monthly stipend amount accrued with 15 years of service and upon termination of employment and attainment of age 55 shall be $166.00.

55.11 For employees who retire on or after January 1, 2016, the full monthly stipend amount accrued with 15 years of service and upon termination of employment

52 and attainment of age 55 will be $245.00.

55.12 For employees who retire on or after January 1, 2018, the full monthly stipend amount accrued with 15 years of service and upon termination of employment and attainment of age 55 will be $275.00.

55.13 Effective January 1, 2021, for employees who retire on or after January 1, 2020, the full monthly stipend amount accrued with 15 years of service and upon termination of employment and attainment of age 55 will be $300.00.

55.14 Employees’ benefit percentage will be based on years of service as set forth in the below schedule:

WHOLE YEARS OF

SERVICE

ACCRUED BENEFIT

PERCENTAGE
Less than 4 years’ service None
4 years 8.33%
5 16.66%
6 25%
7 33.33%
8 41.66%
9 50%
10 58.33%
11 66.66%
12 75%
13 83.33%
14 91.66%
15 or more 100%

The current stipend amounts are listed in the Plan Document. Any changes to the stipend amounts will require an amendment to the Unit 8 appendix to the Plan Document. The City of Santa Rosa will provide each active employee with a copy of the plan documents within thirty (30) days of any change to the stipend amounts. For a

53 current copy of the plan document, contact the Human Resources Department. Per the Plan Document, the stipend amounts are not guaranteed and may decrease or increase in the future.

55.15 Retiree benefit shall not transfer to spouse, domestic partner, beneficiary or estate upon death of eligible retiree.

55.16 In lieu of a one-half of one percent (1/2%) cost of living adjustment in 1990, and a one-half of one percent (1/2%) cost of living adjustment in 1991, the City agreed to contribute one percent (1%) of salary each year on behalf of employees to this Post-Retirement Medical Benefits Defined Contribution Plan. Effective the last Sunday of the month of ratification of the 2009 contract by the City Council, the City shall contribute an additional one-half of one percent (1/2%) to the Post-Retirement Medical Benefits Defined Contribution Plan for a total of one and one-half percent (1.50%). Effective the first full pay period of January, 2016, the City shall contribute an additional sixty-three hundredths of a percent (0.63%) to the Post-Retirement Medical Benefits Defined Contribution Plan for a total of two and thirteen hundredths percent (2.13%).

55.16.1 The contribution shall be calculated monthly based upon base salary only and deposited in the trust by the 15th of the following month.

55.17 As set forth in Section 55.16, t he City contributes an amount equal to two point one three percent (2.13%) of base wages to the Stipend Plan on behalf of Unit 8 employees. Effective the first full pay period following July 1, 2017, the City will increase its contribution by one-quarter percent (0.25%) of base wage, for a total contribution of two point three eight percent (2.38%) of base wage. Effective the first full pay period following July 1, 2018, the City will increase its contribution by one-quarter percent (0.25%) of base wage, for a total contribution of two point six three percent (2.63%) of base wage. Effective the first full pay period following July 1, 2019, the City will increase its contribution by one-quarter percent (0.25%) of base wage, for a total contribution of two point eight eight percent (2.88%) of base wage. Effective December 5, 2021, the City will increase its contribution by one-quarter percent (0.25%) of base wage, for a total contribution of three point one three percent (3.13%) of base wage.

54 55.15.1: The contribution s hall be calculated monthly based upon base salary only and deposited in the trust by the 15th of the following month.

ARTICLE 56 ADDITIONAL INSURANCE PLANS

56.1 The CITY shall deduct premium costs from employee’s paychecks for additional insurance plans in amounts and for plans that have been approved by the CITY at the employee’s request.

ARTICLE 57 PHYSICAL

57.1 The CITY shall provide the physica l required to maintain the Department of Motor Vehicles operator’s license needed to operate a CITY vehicle. A copy of the physical examination results shall be provided to the CITY.

57.2 The employee has the option of ei ther using the CITY provided medical services at Occupational Health at Kaiser or receiving reimbursement in an amount not to exceed the average rate of the representative sample of local physicians as determined by Risk Management for his/her personal physician to perform a DMV physical.

57.3 Each year in May the parties shal l conduct a survey of a representative sample of local physicians to determine the going rate for performing DMV physicals.

The average of such rates shall be used to revise the reimbursement shown at 57.2 above.

ARTICLE 58 RETIREMENT

58.1 The term “retirement” is defined as separation from the CITY; and filing and qualifying with the California Public Employee Retirement Systems (CalPERS).

58.2 The City provides thr ee (3) tiers of retirement benefits for bargaining unit members. Eligibility for each retirement tier is determined by date of hire with the CITY.

Effective January 1, 2013 the Public Employees Retirement Act (PEPRA) added the third tier. The retirement benefit provided by PEPRA applies to “new members.” The PEPRA defines a new member as an employee hired on/after January 1, 2013 who: (a) has never been a member of the California Public Employee Retirement System (PERS) or a reciprocal agency or; (b) has had a six month (or more) break in service from PERS or a reciprocal public agency or; (c) has previously worked for a public agency whose retirement system does not have reciprocity with PERS.

55 58.3 Miscellaneous eligibility for each retirement tier shall be as follows:

Tier 1 Tier 2 Tier 3
Benefit
Formula
3% @ 60 2.5% @ 55 2% @ 62
Final Compensation Single highest year
final compensation
Single highest year
final compensation
Three year average final
compensation
Hire Date Hired before July 8,
2012
Hired on/after July 8,
2012 and worked for
a PERS (or
reciprocal) agency
within the last six
months prior to hire
New members hired
on/after January 1, 2013

58.4 Effective January 1, 2013, new members as described in Article 58.2 shall pay half the normal cost of the retirement benefits which is currently six and one-quarter percent (6.25%) of reportable compensation for member contributions under CalPERS for Miscellaneous Employees. Contribution of half the normal cost shall be determined by the Annual CalPERS valuation. In accordance with PEPRA half the normal cost shall change only if the normal cost identified in the Annual CalPERS valuation changes by one percent (1%) or more. Said contribution shall be made by the employee on a pre-tax basis in accordance with Section 414(h)(2) of the Internal Revenue Code.

58.4.1 Effective July 12, 2015, each bargaining unit member shall pay, through payroll deductions, an additional one and one half percent (1.5%) of PERSable compensation toward the CITY’S normal cost of pension benefits for a total PERS contribution of nine and one half percent (9.5%) for classic members in tier 1 and tier 2, and one and one half percent (1.5%) above the contribution rate set by CalPERS for PEPRA tier 3 members.

58.4.2 The cost sharing described in 58.4.1 shall occur outside of a CalPERS contract amendment until bargaining unit members vote and approve to amend the CalPERS contract to include payment of an additional one and one half percent (1.5%) of PERSable compensation toward the CITY’S normal cost of pension benefits. The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU. As soon as practicable the CITY will

56 initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to CalPERS contract, employee contributions will be made as per Government Code Section 20516(a), Employee Cost Sharing of Additional Benefits.

58.4.3 Effective the first fu ll pay period of January 2016, each bargaining unit member shall pay, through payroll deductions, an additional one percent (1.0%) of PERSable compensation toward the CITY’S normal cost of pension benefits for a total PERS contribution of ten and one half percent (10.5%) for classic members in tier 1 and tier 2, and two and one half percent (2.5%) above the contribution rate set by CalPERS for PEPRA tier 3 members.

58.4.4 The cost sharing describ ed in 58.4.1 shall occur outside of a CalPERS contract amendment until bargaining unit members vote and approve to amend the CalPERS contract to include payment of an additional two and one half percent (2.5%) of PERSable compensation toward the CITY’S normal cost of pension benefits. The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU. As soon as practicable the CITY will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to CalPERS contract, employee contributions will be made as per Government Code Section 20516(a), Employee Cost Sharing of Additional Benefits and shall extend beyond the expiration of this MOU.

58.5 The history of PERS amendments is as follows:

58.5.1 Effective May 5, 2003, the Mi scellaneous employees were provided retirement benefits in the State Public Employees’ Retirement System of 3% at 60.

58.5.2 Effective January 1, 2001, the CITY amended its contract with CalPERS so an employee may buy back the employee’s Peace Corps or AmeriCorps- Volunteers in Service to America (VISTA) service as provided by the Government Code.

58.5.3 Effective July 9, 2000, the City amended its contract with PERS to provide Pre-Retirement Optional Settlement 2 Death Benefit.

58.5.4 Effective July 9, 2000, the City amended its contract with PERS to provide the so-called “single highest year” Final Compensation Formula for PERS Miscellaneous employees.

57 58.5.5 Effective September 19, 1998, the CITY amended its contract with CalPERS so an employee may buy back the employee’s military service as provided by Government Code Section 20930.3.

58.6 Effective January 1, 1992, the Miscellaneous employees were provided retirement benefits under the State Public Employees’ Retirement System of 2% at 55 formula.

58.7 An employee who retires may convert his/her unused unpaid sick leave balance remaining (after any sick leave payment as provided by Article 41.15) to service credit as provided by Government Code Section 20862.8

58.8 The City shall continue the im plementation of Section 414(h)(2) of the Internal Revenue Code concerning the tax treatment of employee's retirement contribution, designated by the Public Employees Retirement System as PERS "Pick- Up."

58.9 Specific details regarding thes e retirement plans are available to employees from the Human Resources Department. The CITY shall provide each employee a description of this retirement plan. This information is also available on the CalPERS website at www.calPERS.ca.gov .

58.10 The parties agree any retire ment improvement that requires an amendment of the Agreement between the CITY and P.E.R.S. shall be extended to eligible employees in this Unit.

ARTICLE 59 OVERTIME – BUS OPERATORS

59.1 The following three overtime priority lists shall be maintained to allow for overtime work to be offered to those operators desiring to work overtime. Each priority list must be exhausted prior to proceeding to the next priority list.

PRIORITY 1. A Full-shift list for full-time operators.

PRIORITY 2. A Full-shift list for regular part-time operators.

PRIORITY 3. A Partial-shift list for full-time and regular part-time operators.

59.2 Operators shall reque st that their name be added to each overtime list at the time of the Quarterly Bid. Operators who did not request that their name be added to an overtime list at the time of the Quarterly Bid may request that their name be added to the Full-shift and/or Partial-shift overtime lists once during each bid period. Operators

58 who submit requests during the bid period will be added to the bottom of the overtime list.

Operators who requested t hat their name be added to the Full-shift and/or Partial-shift overtime lists at the time of the Quarterly Bid may request that their name be removed from one or both overtime lists once during each bid period. Requests to be added or removed from Overtime lists will be made by submitting a signed and dated written request.

Operators will be called for overtime work from the top of these lists. The CITY will record the date the operator is called and whether or not the operator accepted the overtime work. Each list shall be administered as referenced in the Operators Handbook of Standard Rules and Operating Procedures (Chapter VIII, Paragraph B).

Overtime assignments shall not be offered more than twelve (12) days prior to the date of the assignment. Operators who are on leave of absence (with or without pay) or disciplinary suspension shall not be called to work overtime. Overtime will be paid at the rate of time and one-half for all hours worked over forty (40) hours per week. This article does not guarantee any employee overtime.

59.3 Overtime will be paid at the rate of time and one-half for all hours worked over forty (40) hours per week.

59.4 This article does not guarantee any employee overtime.

59.5 CalPERS’ definition of pensionable compensation excludes overtime and additional payments for work “in excess of the hours of work considered normal for employees on a full-time basis.”
ARTICLE 60 CALL BACK

60.1 Employees who have completed their work shift and have gone home and then are required by management to return to work shall receive a minimum of two (2) hours pay, or pay for the hours actually worked, whichever is larger, and any overtime required by law.

ARTICLE 61 STANDBY

61.1 In the event the CITY proposes to institute a regular standby operation, the parties shall first meet and confer in good faith concerning procedures, conditions and remuneration.

59 ARTICLE 62 LINE TRAINING

62.1 Bus Operators shall pe rform line training duties at the request of the CITY.

Operator line training shall be assigned by management personnel on an as-needed basis for the minimum length of one (1) work shift. Operators performing a line training function shall receive additional compensation equal to 7.5% of their base hourly rate of pay for all hours that they are authorized to work in that capacity on any given day. An operator wishing to opt out of a line training assignment, shall do so through the shift trade process. It is the operator’s sole responsibility to find a shift trade when opting out of line training.

ARTICLE 63 CROSS-CLASSIFICATION ASSIGNMENTS

63.1 Full-time Bus Operators may be temporarily assigned to perform the duties of a Bus Service Worker and/or Transit Service Representative under extenuating or special circumstances. Any such assignment is to be made on a voluntary basis only. Full-time Bus Operators shall receive compensation equal to their base hourly rate of pay for all hours that they are assigned to work in the capacity of Bus Service Worker or Transit Service Representative.

63.2 During unscheduled days, regular part-time bus operators may be assigned to perform Transit Service Representative duties; or on a voluntary basis assigned to perform Bus Maintenance Worker duties. Compensation for any such assignments will equal their base hourly rate of pay.

63.3 Any cross-classification assignments that will result in overtime pay will be offered as voluntary work through the overtime process contained in this agreement.

63.4 Any Bus Operator or Transit Service representative who is offered, and accepts a temporary acting supervisor position within the Transit Division shall not relinquish any bidding seniority rights, or otherwise be harmed in terms of status or pay, upon returning to his or her regular assignment. A limited rebid shall be conducted, as necessary, upon the employee’s return to his or her regular assignment.

Any employee in an acting assignment shall not participate in the quarterly bid as outlined in Article 26 or Article 27.

60 ARTICLE 64 MISCELLANEOUS

64.1 Transit Passes: Each employee may use his or her picture CITY ID card as a transit pass, for bus transportation on the CITY transit system.

64.2 Bargaining Unit Work: When t he CITY receives a fee from a group contracting for CITY transportation services, driving related to such contracting shall first be offered to Unit members. Such driving work shall be rotated among the qualified drivers on the basis of seniority.

64.3 Commercial Drivers License: Employees whose commercial driver’s license is suspended for sixty (60) days or more may be subject to dismissal.

64.4 Labor-Management Meetings: The par ties agree to meet monthly to discuss matters related to employee recognition programs.

64.4.1 The UNION may bring two (2 ) representatives as agreed upon in advance with the CITY.

64.4.2 The agenda shall be prepared by the CITY after discussion with the UNION and additional agenda items may be added immediately prior to the scheduled meetings.

64.4.3 Meetings will commence withi n 30 days of contract ratification and an ongoing meeting schedule will be jointly agreed upon during the first meeting.

64.5 Labor Management Meeti ngs Related to Transit Service Representatives (TSRs): The City and Unit 8 will meet as part of a joint Labor Management Committee to review and address safety concerns related to the work of the TSRs. The first of such meetings shall take place within 30 days of City Council approval of the MOU.

Said meetings shall occur during paid work time and all Transit Service Representatives shall be allowed to participate.

64.6 Staff Development & Wellness: The City and Unit 8 will meet no later than October 1, 2017 to discuss reinstatement of a tuition reimbursement program (including both degree course work and certifications related to an employee’s work with the City or promotional opportunities within the City) with a per employee cap of at least $800 and an aggregate cap per fiscal year. The parties may also discuss a wellness program as part of this policy. The parties agree that these discussions may be conducted in coalition with other City bargaining units.

61 ARTICLE 65 AUTHORIZED AGENTS

65.1 For the express purpose of administe ring the terms and provisions of this Agreement:

65.1.1 Management’s principal authorized agent shall be the City Manager or his/her duly authorized representative (address: City Hall, 100 Santa Rosa Avenue, Room #1, Santa Rosa, CA 95404; telephone: (707) 543-3075), except where a particular Management representative is specifically designated in the Agreement.

65.1.2 SEIU, Local 1021, principal authorized representative shall be the Field Representative or his/her duly authorized representative (address: 600 B Street, Santa Rosa, CA 95401, telephone: (707) 293-2858.)
ARTICLE 66 WAGE SCHEDULE

66.1 General Salary Increases

66.1.1 Effective the pay period cont aining July 1, 2024, employees shall receive a seven percent (7.0%) General Salary Increase.

66.1.2 Effective the first full pay period following July 1, 2025, employees shall receive a four percent (4.0%) General Salary Increase.

66.1.3 Effective the first full pay period following July 1, 2026, employees shall receive a four percent (4.0%) General Salary Increase.

66.2 Classification and Compensation Study: Effective the first quarter of 2025, this MOU will re-open on the subject of wages only, and the Parties will meet to negotiate over wages only for the 2025-26 and 2026-27 fiscal years, including any equity adjustments based on the Total Compensation Study. 66.1 Effective December 5, 2021, employees shall receive a three percent (3%) Cost of Living Adjustment (COLA).

66.2 Effective the first full pay peri od following April 1, 2022 employees shall receive a two and a half percent (2.5%) COLA.

66.3 Effective the first full pay peri od following July 1, 2023, the City shall increase the then-current salary schedules for unit employees by two and a half percent (2.5%) to reflect a COLA.

66.4 Effective the end of the pay period following Council adoption all members, who have worked 1040 hours, shall receive a one-time lump sum, non-

62 pensionable payment of $5,000. For the employees in the bargaining unit effective when council approves the MOU, who have worked less than 1040 hours, they will receive the $5,000 lump sum cash payment once they have reached 1040 hours.

66.5 A complete wage schedule can be found at:
http://srcity.org/192/Salaries

66.6 Employees will become eligible for a merit increase after completing two- thousand-eighty (2,080) hours in a paid status until reaching the top step. For purposes of this section, hours in a paid status shall include overtime hours worked.

66.7 Bus Operators in training shall begi n at a wage rate of Step 1 of the Bus Operator Trainee salary range and progress to a maximum of Step 2 of the Bus Operator Trainee salary range according to the terms of the CityBus Operating Procedures.

ARTICLE 67 BILINGUAL PAY

67.1 Employees qualified as bilingual in the Spanish language , or any other language designated by the Department of Human Resources, as provided for in the City of Santa Rosa Bilingual Customer Service Program, shall receive 2% premium pay in addition to their base salary.

ARTICLE 68 SHIFT DIFFERENTIAL

68.1 Employees in this bargaining unit shall receive a shift differential of one dollar ($1.00)one dollar and eighty cents ($1.80) per hour for all hours actually worked between 4:00 pm and 59:00 apm. Effective December 5, 2021, the City will increase the shift differential by eighty cents, for a total shift differential of one dollar and eighty cents ($1.80) per hour for all hours actually worked between 4:00 pm and 9:00 pm.

63 RECOMMENDATION

The CITY’s Meet and Confer Committee sh all recommend the ratification of this Agreement to the City Council and the UNION’s Meet and Confer Committee shall recommend the ratification of this Agreement to the employees in the CITY’s Unit #8 – Transit.

Meet and Confer Committee Meet and Confer Committee SEIU, Local 1021 City of Santa Rosa

_________________________________
Michael Viloria Steve Fessler Date

_________________________________
Siara GoyerJeremia Mills
Date

_________________________________
Bernie BuchananGary Basille Date

_________________________________
Burke DunphyRachel Ede
Date

_________________________________
Luis RiveraJohn Morrison Date

_________________________________
Alan AltonAdam Martinez
D a t e

_________________________________
Erin WilliamsJeff Berk Date

_________________________________
Rachel Ede Date

64 RATIFICATION

Ratified
SEIU, Local 1021
Ratified
Cit
y of Santa Rosa

B y :

Andrea Zanetti Date
Area Director, SEIU 1021

B y :

NatalieChris Rogers
Date
Mayor

B y :

David Canham Date
Executive Director, SEIU 1021

APPROVED AS TO FORM:

By: ________________________
Teresa Stricker Sue
Gallagher
Cit y Attorney

Resolution No. RES-2021-215

65 APPENDIX A
Applicable Benefits/Contracts for Driver Services
Utilizing Federal Transit Operating Funds

During the period of this agreement, if the CITY contracts for driver services and is utilizing federal transit operating funds, all 13c provisions providing displacements or dismissal benefits will apply.

66 EXHIBIT A
NAME OF PLAN Kaiser HMO City PPO City EPO Network Only Participating Provider Non-Participating Provider Participating Provider Only Employee Portion of
Premium

12.5% Employee Pays 15% - if medium cost plan premiums are 6% higher than lowest cost plan - Premium differences less than 6% - medium cost will still be 12.5% (on average)
Employee pays 20% if premiums are 12% or
more higher than lowest cost plan. If
premiums are between 6% and 12% higher
than lowest plan, employee pays 15% of
premium (on average)
Type of Plan/Service Area HMO / Limited Service Area Preferred Provider Organization / Any Service Area Exclusive Provider Organization / California only
Access to Specialists Must have PCP/ may refer yourself to some specialists within Kaiser
Can choose directly Provider Referral or Self Referral Network Only when referred by Kaiser BlueCross Prudent Buyer PPO Available at higher cost BlueCross Prudent Buyer PPO Lifetime Maximum Unlimited Unlimited Unlimited
Pre-existing Condition
Exclusion
No No No
Deductible Per Person None $300 None
Deductible Per Family None $900 (3 per family) None
Out of Pocket Maximum Per
Person *
$1,500 $1,500 Not Applicable $1,500
Out of Pocket Maximum Per
Family *
$3,000 $3,000 Not Applicable $3,000
Prescription Drug Benefit KAISER MEDCO MEDCO
30 day supply $10 generic
50% co-payment for drugs to treat
sexual dysfunction
$5 generic/ $20 brand/ $50 non-formulary - Brand $20 plus difference in cost over generic if generic readily available; Medically necessary only. 50% co-payment for drugs to treat sexual dysfunction
$10 generic/ $25 brand1/ $55 non-formulary
- if medically necessary (plus difference in
cost over generic if generic readily available)
50% co-payment for drugs to treat sexual
dysfunction
Mail Order 90 days $10 generic
50% co-payment for drugs to treat
sexual dysfunction
$10/$35/$85 50% co-payment for drugs to treat sexual dysfunction
$20/$40/$70 $20/$45/$95
50% co-payment for drugs to treat sexual
dysfunction
NOTE N/A All percentages are based
on allowances under plan
benefit - provider has
agreed to accept allowable
charge.

All percentages are of usual and
customary charges - any charges
above that are the responsibility
of the employee.

N/A
Preventive Care: ob/gyn
w/pap, mammograms,
colonoscopy (PPO/EPO),
prostate screenings, and
physicals PER SCHEDULE.
$0 co-pay per visit (well-baby, prenatal) $0 copay per visit/ 100% other
(per schedule)
40% $0 copay

67 EXHIBIT A
NAME OF PLAN Kaiser HMO City PPO City EPO Network Only Participating Provider Non-Participating Provider Participating Provider Only Well baby and prenatal
visits.

Physician Office Visits ( for
everything except
preventive services) -
mental health is paid the
same as physical health
$20 co-pay $20 copay 40% $25 co-payment per visit
Lab & X-Ray (Diagnostic) No Copay 20% 40% $25 copay
Emergency Services $75 co-payment per visit
(Waived if admitted)
$75 per visit for ER
(Waived if admitted)
40% $75 per visit for ER (Waived if admitted)
Ambulance $50 per trip 20% 40% $50 per trip
In Patient Hospital Services
(includes room & board)
and Physician Services
$100 per admission 20% for up to 120 days 40% 250 per admission Out Patient Surgery
Hospital
$20 per procedure 20% 40% 250 per admission
Skilled Nursing Facility No charge up to 100 days per plan year 20% Up to 60 days per confinement
40% Up to 60 days per
confinement
$250 per admission - 100 days maximum per
calendar year
Home Health Care No Charge - up to 100 visits 20% Up to 60 days per year 20% Up to 60 days per year No charge for the first 30 days - $25 co-pay starting with 31st calendar day after 1st visit
(up to 60 days per year)
Physical, Speech and
Occupational Therapy
$20 co-payment per visit for short-term
physical, speech and occupational when
prescribed by a Kaiser physician and
when significant improvement is
expected within 2 months
20% 40% Inpatient or Outpatient - $25 copay
Maternity Coverage $0 co-payment for prenatal visits- $100 hospital charge
Prenatal - $0 office visit co-
pay hospitalization -
20%/80%
40% $0 co-payment for prenatal visits - $250
hospital admission co-payment
Family Planning /infertility $20 co-payment per visit (diagnosis & ltd treatment per schedule)
Not Covered Not Covered Not Covered Chiropractic/Acupuncture Not Covered (Discounts Available) 20% Up to 20 visits per year for combined services.
40% Up to 20 visits per year for
combined services.

Not Covered

68 EXHIBIT A
NAME OF PLAN Kaiser HMO City PPO City EPO Network Only Participating Provider Non-Participating Provider Participating Provider Only Vision $20 co-pay per visit including routine
eye exam (Eyewear not incl.)
20% Disease and accident
only
40% Disease and accident only $25 co-pay Disease and Accident Only Retiree Conversion Yes (California only) Yes Yes (California only) *OOP Max Includes Medical Copays only Not RX Med Copays & Coinsurance In Network, Not RX
Out of network excluded from
OOP Max
Medical Copays only Not RX

69 EXHIBIT AB - VISION AND DENTAL INSURANCE PLANS

DENTAL INSURANCE
In general, the program includes for employees, and their dependents, including state-registered domestic partners, basic dental insurance coverage of payment of the indicated percentage up to the maximum of $2,000 ($2100 for employees choosing a premier preferred provider under the current dental program). Effective January 1, 2018, Unit 8 negotiated members could opt into dental buy-up insurance coverage of payment of the indicated percentage up to the maximum of $3,400 ($3,500 for employees choosing a premier preferred provider under the current dental program).

For each eligible person per year, the In-Network benefits are as follows:

BENEFITS PROGRAM PAYS EMPLOYEE PAYS
Preventive Services 100% 0%
B a s i c S e r v i c e s 8 0 % 2 0 % M a j o r S e r v i c e s 8 0 % 2 0 % Prosthodontic Services 80% 20%
Orthodontic Services
i 5 0 % 5 0 %

VISION INSURANCE
The CITY shall offer employees and their dependents, including state-registered domestic partners, a vision care program which provides an eye examination, and allowance for lenses, and frames once each twelve (12) months. The deductible shall not exceed $20.00. The In-Network vision allowance for frames shall be $150, and the allowance for contact lenses shall be $125. A summary description of the program and the current premium costs can be found at the following link:
https://flimp.live/CityofSantaRosa

i $2,000 lifetime maximum per person for orthodontics

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