CITY OF SUNNYVALE
AND
SUNNYVALE EMPLOYEES’ ASSOCIATION/IFPTE LOCAL 21
MEMORANDUM OF UNDERSTANDING
JULY 1, 2019 2022 TO JUNE 30, 20222026
Attachment 1
TABLE OF CONTENTS
Article 1 PREAMBLE ............................................................................................ 4 Article 2 RECOGNITION ...................................................................................... 4 Article 3 RATIFICATION ...................................................................................... 4 Article 4 TERM ..................................................................................................... 4 Article 5 CITY RIGHTS ........................................................................................ 4 Article 6 FULL UNDERSTANDING, MODIFICATIONS, AND WAIVERS ............. 5 Article 7 SEVERABILITY ...................................................................................... 5 Article 8 ORDINANCES, CODES, AND RESOLUTIONS .................................. 56 Article 9 SCOPE OF NEGOTIATIONS ................................................................. 6 Article 10 AUTHORIZED AGENTS ........................................................................ 6 Article 11 GOVERNMENTAL MANDATES ............................................................ 6 Article 12 EQUAL EMPLOYMENT OPPORTUNITY POLICY ................................ 7 Article 13 AMERICANS WITH DISABILITIES ACT (ADA) ..................................... 7 Article 14 RENEGOTIATIONS ............................................................................... 7 Article 15 RETIREMENT ........................................................................................ 7 Article 16 WAGES/COMPENSATION .................................................................... 9
16.1 Salaries ........................................................................................................... 9
16.2 Salary Adjustments ......................................................................................... 9
16.3 Comparable Agencies ..................................................................................... 9
16.4 Overtime ........................................................................................................ 10
16.5 Out-Of-Class Pay/Special Assignment .......................................................... 12
16.6 Bilingual/Translator Pay ................................................................................ 13
16.7 Hazardous Duty Pay ..................................................................................... 14
16.8 Certification Pay ........................................................................................ 1615
16.9 Standby Duty and Compensation .............................................................. 1918
16.10 Call-Out Duty and Compensation .............................................................. 2019
16.11 Call Back Pay ............................................................................................ 2120
16.12 Court Pay .................................................................................................. 2221
16.13 Emergency Overtime for Employees/Rest Period ..................................... 2221
16.14 Class A and B Driver’s License Compensation ......................................... 2221
16.15 License Reimbursement ........................................................................... 2322
16.16 Shift Differentials ....................................................................................... 2322
16.17 Trainer Compensation ............................................................................... 2322 Article 17 INSURANCE PLANS ....................................................................... 2322
17.1 Medical Insurance ..................................................................................... 2423
17.2 Cash In-Lieu of Medical Coverage ............................................................ 2524
17.3 Dental Insurance ....................................................................................... 2624
17.4 Vision Insurance ........................................................................................ 2624
17.5 Employee Assistance Program ................................................................. 2624
17.6 Registered Domestic Partners .................................................................. 2624
17.7 Life/AD&D and Long-Term Disability Insurance ........................................ 2625
17.8 Dependent Care ........................................................................................ 2725
17.9 Health Care Reimbursement Account ....................................................... 2725
17.10 Short-Term Disability Insurance ................................................................ 2725 Attachment 1
17.11 Affordable Care Act ................................................................................... 2726 Article 18 LEAVES ........................................................................................... 2826
18.1 Paid Time Off ............................................................................................ 2826
18.2 Holiday Leave ........................................................................................... 3129
18.3 Bereavement Leave .................................................................................. 3331
18.4 Jury Leave ................................................................................................. 3331
18.5 Military Leave ............................................................................................ 3332
18.6 Paid Medical Leave (PML) ........................................................................ 3432
18.7 Compensatory Time Off ............................................................................ 3432
18.8 Accrued/Bank Leave usage ...................................................................... 3532 Article 19 ADDITIONAL BENEFITS ................................................................. 3533
19.1 Workers’ Compensation Benefits .............................................................. 3533
19.2 Tuition Reimbursement ............................................................................. 3634
19.3 City-Wide Employee Emergency Leave Relief Fund ................................. 3735
19.4 Jackets-Water Pollution Control ................................................................ 3735
19.5 Safety Footwear ........................................................................................ 3735
19.6 Tool Allowance .......................................................................................... 3836
19.7 Testing for City Vacancies ......................................................................... 3836
19.8 Direct Deposit ............................................................................................ 3937
19.9 Commuter Transportation Benefit ............................................................. 3937
19.10 Reimbursement Procedures ...................................................................... 3937
19.11 Reporting of Special Compensation - Uniforms ........................................ 3937 Article 20 WORKING CONDITIONS ................................................................ 4038
20.1 Work Schedules ........................................................................................ 4038
20.2 Promotional Exams ................................................................................... 4139
20.3 Reclassification ......................................................................................... 4139
20.4 Reduction In Force .................................................................................... 4240
20.5 Health and Safety ...................................................................................... 4341
20.6 Job Sharing ............................................................................................... 4341
20.7 Job-Related Work ..................................................................................... 4341
20.8 Grievance Procedure ................................................................................ 4341
20.9 Disciplinary Appeal Procedure .............................................................. 464544
20.10 Selection Appeal Procedure ...................................................................... 4846
20.11 Arbitration .................................................................................................. 4846
20.12 Appeal Procedure Waiver ......................................................................... 4947 Article 21 UNION PROVISIONS ...................................................................... 4947
21.1 Bulletin Boards ...................................................................................... 494847
21.2 Use of City Facilities and Equipment ......................................................... 5048
21.3 Conference Attendance ............................................................................ 5149
21.4 Dues Deduction ......................................................................................... 5149
21.5 New Employee Orientation.................................................................... 525150
21.6 Release Time for Union Business ............................................................. 5452
21.7 Union/Management Problem Solving Committee ...................................... 5553 Article 22 PAYDAY ........................................................................................... 5654 Article 23 HRIS/FINANCIAL SYSTEM ............................................................. 5654 Article 24 TERM LIMITED EMPLOYMENT ...................................................... 5654 Attachment 1
Exhibit A – Classifications Represented by the Sunnyvale Employees’ Association/IFPTE Local 21 ............................................................................. 595857 Exhibit B – Clarification of Overtime, Holiday, and Alternate Work Schedule Provision Contained in this Agreement ............................................................................ 646362 Exhibit C - Classifications Eligible for Flextime ...................................................... 757473 Exhibit D - Classifications Eligible for Safety Footwear Allowance ........................ 767574 Exhibit E - Water Pollution Control Plant Instrumentation and Maintenance Mechanics Tool Inventory Agreement ................................................................................ 797877
Attachment 1
Article 1 PREAMBLE
This Memorandum of Understanding (MOU) is between the City of Sunnyvale and the duly authorized representatives of the Sunnyva le Employees' Association/IFPTE Local 21 (SEA/IFPTE Local 21). Its purpose is to promote harmonious relations between the City, the Association, and employees by setting forth th e understanding of the parties reached as a result of meeting and conferring in good faith regarding the wages, hours, and certain other terms and conditions of employment of employees in the classifications comprising this Bargaining Unit (Unit).
Article 2 RECOGNITION
The Sunnyvale Employees' Association/IFPTE Local 21 (Union) is hereby acknowledged as the exclusively recognized employee organization for those employees in the classifications listed in Exhibit A as it currently reads or as modified by agreement of the parties during the term of the MOU.
If the City develops a new classification, it shall make an initial determination as to the bargaining unit and job family placement of that classification.
The City shall notify the Union of the development of a new classification and the City's initial bargaining unit placement and job family placement, and, upon written request from the U n i o n w i t h i n t e n ( 1 0 ) w o r k d a y s f r o m t h e City's notice, shall consult with the Union concerning the placement of the new classification(s).
Article 3 RATIFICATION
It is agreed that the provisions of this MOU are of no force or effect until ratified by the Union and duly adopted by the City Council of the City of Sunnyvale.
Article 4 TERM
The term of this Agreement shall be from July 1, 20192022, through and including June 30, 20222026, and will thereafter continue in effect until the parties reach agreement on a successor Agreement or the City Council takes action to modify the wages, hours and terms and conditions of employment provided hereunder.
Article 5 CITY RIGHTS
Except as modified by this MOU, the rights of the City as contained in the City Charter, Constitution and Laws of the State of California include, but are not li mited to, the right to Attachment 1
determine the services, activities and functions of its constituent departments, commissions and boards; set standards of service; determin e the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for just cause; layoff its employees because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; dete rmine the methods, means and personnel by which governmental operations are to be conducted; take all necessary actions to carry out its service, activities and functions in emer gencies; and exercise complete control and discretion over its organization and the technology of performing its work.
Article 6 FULL UNDERSTANDING, MODIFICATIONS, AND WAIVERS
This Agreement sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements, including any prior memoranda of understanding, over the matters set forth within, whether formal or informal, are hereby superseded or terminated in their entirety.
It is agreed and understood that, except as set forth herein, each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate with resp ect to any subject or matter covered herein or with respect to any other matters within the scope of representation, during the term of this Agreement.
No agreement, alteration, understanding, variat ion, 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 by all parties hereto , and if required, approved by the City and ratified by the membership of the Union.
The waiver of any breach, 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 7 SEVERABILITY
In the event any provision of this MOU is decl ared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the MOU shall remain in full force and effect.
If a provision is declared invalid or unenforceable as provided above, at the written request of either party submitted to the other within ten (10) work days of such action by the court, the parties shall meet promptly to negotiate the impact of such declaration by the court.
Article 8 ORDINANCES, CODES, AND RESOLUTIONS
Attachment 1
Any written City ordinances, codes, or resoluti ons currently in effect that cover subjects within the scope of representation shall not be changed during the te rm of this Agreement without first giving the Union the opportunity to meet and confer concerning such changes, except as otherwise provided by this Agreement.
Such meeting and conferring shall be up to and including mediation.
Article 9 SCOPE OF NEGOTIATIONS
The scope of representation shall include all matters relating to employment conditions, and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment, as provided by the Meyers-Milias-Brown Act and as may be amended.
Article 10 AUTHORIZED AGENTS
For purposes of administering the terms and provisions of this Agreement:
City's principal authorized representative shall be the City's Director of Human Resources or his/her duly authorized representative (address: 505 West Olive Avenue, Suite 200, Sunnyvale, CA 94086; telephone (408) 730-7490) except where a particular management representative is specifically designated in connection with the performance of a specified function or obligation set forth herein.
The Union's principal authorized agent shall be the President of th e Sunnyvale Employees' Association/IFPTE Local 21 or his/her duly authorized representative. The Union's official mailing address is P.O. Box 70700, Sunnyvale, CA 94086.
Article 11 GOVERNMENTAL MANDATES
If the Federal Government or the State of Califo rnia or any voter-driven initiative imposes any labor requirements or mandates any ch anges in employee compensation (wages or benefits) or employer mandated costs associated with employee compensation applicable to SEA/IFPTE Local 21 represented employees, the Union and the City shall meet and confer over the impacts of the legal requirement or mandated change. The parties understand that the City will have to timely comply with any changes in the law independent of their negotiations over the impacts of those legal ch anges. However, the City will endeavor to meet and confer with the Union prior to the implementation of such changes, and in any event, as promptly as possible.
Attachment 1
Article 12 EQUAL EMPLOYMENT OPPORTUNITY POLICY
The Sunnyvale Employees’ Association/IFPTE Lo cal 21 supports in full the City’s Equal Employment Opportunity Policy.
Article 13 AMERICANS WITH DISABILITIES ACT (ADA)
The parties recognize that the City may be re quired to make certain accommodations to carry out its obligations under the Americans wi th Disabilities Act (ADA). Some of these accommodations may require actions which are contrary to the language or intent of existing provisions of this Agreement. The parties agree that such a ccommodation shall not constitute a “past practice” or waiver by eith er party to its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA.
Recognizing that circumstances surrounding ADA compliance in individual cases necessarily involve matters which are personal and require the utmost confidentiality, specifics of an individual case shall not be divulged by the City. This Article shall not be grievable or arbitrable.
Article 14 RENEGOTIATIONS
In the event either party hereto desires to negotiate a successor MOU, written notice of desire to renegotiate shall be served during the period of 180 days to 90 days prior to the termination date of the MOU. If either party serves notice to renegotiate, the Union shall provide the City with its initial written pr oposals no later than 90 days prior to the termination of the MOU.
The negotiations shall begin as soon as practical after receipt of such written notice.
Article 15 RETIREMENT
15.1 The City has contracted with CalPERS and shall pr ovide pension benefits for miscellaneous employees, including employees in this Unit, in a manner consistent with State law and will comply with the Public Employees’ Pension Reform Act (Government Code Section 7522 et seq.).
15.2 The City has contracted with CalPERS to pr ovide Level III of the 1959 Survivor Benefit and the Military Buy-Back Option.
15.3 Employees’ payment to their employee contribution to CalPERS shall be made pursuant to IRC Section 414(h)(2).
15.4 Tier 1 – Local Miscella neous 2.7% at age 55
Attachment 1
Employees hired before December 23, 2012 shall receive Local Miscellaneous 2.7% at age 55 retirement formula. Final compensati on shall be calculated using the single highest year model.
The City shall continue to contribute four percent (4%) of the eight percent (8%) employee contribution during the term of the MOU. Employee shall pay the remaining four percent (4%) of the employee contribution. City intends to continue to pay this benefit on a going-forward basis and has projected the 4% EPMC throughout the twenty-year long-term financial plan.
The City's payment of the employees' CalPERS contribution is based upon authority from CalPERS and upon tax treatment permitted by the Internal Revenue Service under Internal Revenue Code Section 414(h)(2) and revenue rulings related thereto, and by the California Franchis e Tax Board. It is understood that the State Legislature or Congress may alter the statutory authority for this tax treatment, and the Franchise Tax Board or the IRS or the United States Department of the Treasury may alter the current revenue rulings, either by other rulings or by issuing new regulations.
The City shall report the va lue of employer-paid member contributions (EPMC) as additional compensation for each employee.
15.5 Tier 2 – Local Miscella neous 2.0% at age 60
Employees hired on or after December 23, 2012 who are also classic CalPERS members shall receive the Local Miscel laneous 2.0% at age 60 re tirement formula. Final compensation shall be calculated using the single highest year model.
The City shall continue to contribute four percent (4 %) of the seven percent (7%) employee contribution during the term of the MOU. Employee shall pay the remaining three percent (3%) of the employee contribution. City intends to continue to pay this benefit on a going-forward basis and has projected the 4% EPMC throughout the twenty-year long-term financial plan.
The City's payment of the employees' CalPERS contribution is based upon authority from CalPERS and upon tax treatment permitted by the Internal Revenue Service under Internal Revenue Code Section 414(h)(2) and revenue rulings related thereto, and by the California Franchis e Tax Board. It is understood that the State Legislature or Congress may alter the statutory authority for this tax treatment, and the Franchise Tax Board or the IRS or the United States Department of the Treasury may alter the current revenue rulings, either by other rulings or by issuing new regulations.
The City shall report the va lue of employer-paid member contributions (EPMC) as additional compensation for each employee.
15.6 Tier 3 – Local Miscellaneous 2.0% @ 62
Attachment 1
Employees hired on or after January 1, 2013 who are also new CalPERS members shall receive the Local Miscellaneous 2.0% at age 62 retirement formula. Final compensation shall be calculated using the highest 36-consecutive month model. Employees will pay fifty percent (50%) of normal cost as the employee contri bution. The normal cost is subject to change on a fiscal year basis as determined by CalPERS.
Article 16 WAGES/COMPENSATION
16.1 Salaries
Pay rates for each classification within the Unit shall be assigned to a pay grade as set forth in Pay Plan Category B as defined in the City’s Salary Resolution, consistent with compensation objectives described in the City’s Administrative Policy.
16.2 Salary Adjustments
During the term of this Agreement, the City shall adjust base wages for all represented classifications as follows:
Effective July 10, 2022, employees shall receive a 6.0% across the board increase.
Effective July 9, 2023, employees shall receive a 4.0% across the board increase.
Effective July 7, 2024, employees shall receive a 3.5% across the board increase.
Effective July 6, 2025, employees shall receive a 3.5% across the board increase.
Effective July 28, 2019: 4.0% across the board increase.
Effective the first full pay period in July 2020 (July 12, 2020):
3.0% across the board increase, and
1 . 5 % o f a n n u a l b a s e s a l a r y a s o f f -salary-schedule pay (not reportable compensation to CalPERS). Employee must be an active employee on the last day of the pay period (July 25, 2020) to receive this pay.
Effective the first full pay period in July 2021 (July 11, 2021):
3.0% across the board increase, and
1 . 5 % o f a n n u a l b a s e s a l a r y a s o f f -salary-schedule pay (not reportable compensation to CalPERS). Employee must be an active employee on the last day of the pay period (July 24, 2021) to receive this pay.
16.3 Comparable Agencies
Attachment 1
The parties agree that in negotiations for successor memorandum of understanding, unless they agree on other survey jurisdi ctions, the comparable agencies for the majority of classifications in the bargaining unit shall be:
Alameda
Cupertino
Fremont
Hayward
Milpitas
Mountain View
Palo Alto
Redwood City
Richmond
San Leandro
San Mateo
Santa Clara
For purposes of comparing job classifica tions of Environmental Chemist and Water Pollution Control Operator, the parties agree to the following agencies:
Dublin/San Ramon Services District
City of Hayward
City of Palo Alto
City of San Jose
City of San Leandro
Silicon Valley Clean Water
Union Sanitary District
For purposes of comparing the classifica tion of Senior Prog rammer Analyst, the parties agree to the following agencies:
City of Fremont
City of Milpitas
City of Palo Alto
For purposes of comparing the classification of Career Advisor the parties agree to the following agencies:
Alameda County Workforce Board
Richmond Workforce Board
Workforce Investment San Francisco
16.4 Overtime
An employee who is required and authorized in advance by a management supervisor or his/her designee and who actually works over time shall be compensated at one Attachment 1
and one-half times his/her the employee’s base hourly rate for all such overtime work in excess of forty (40) hours per work peri od, unless compensatory time is provided pursuant to Article 18.7. The City shall fu lly comply with the appropriate Fair Labor Standards Act’s Regulations regarding the payment of overtime.
a) Overtime.
Overtime shall be defined as all paid hours in excess of forty (40) hours worked in a workweek (see Exhibit B, Example A). Exce pt in the event of an emergency, the maximum number of hours an employee ma y work in any one 24-hour period is 12 hours.
The City shall define the workweek (fix ed and regularly recurring period) for purposes of overtime.
An employee who works on a holiday shall be compensated at the overtime rate for all hours worked on the holiday in addition to eight (8) hours holiday pay (see Exhibit B, Example B).
All paid time shall count as time worked when determining overtime (see Exhibit B, Example A).
b) Flex Scheduling
Flex scheduling is defined as an occasional adjustme nt to an employee’s work schedule which does not alter the total number of hours scheduled to be worked per week, but simply alters the time of day those hours are worked.
For employees in the classifications listed in Exhibit C, the City and the employee shall be allowed to reasonably flex or change the work schedules for these employees in order to minimize overti me expenditures and facilitate an employee’s ability to balance work wi th other aspects and obligations in accordance with the following procedures. The primary, but not exclusive, use of this provision is for the scheduling of evening meetings, special events, and occasional necessary work that canno t be performed during an employee’s regular schedule. Flex scheduling shall not be used where the City determines that an alternative schedule pursuant to Administrative Policy Chapter 3, Article 39 or special work schedule in accordance with the provisions of MOU Article 20.1 is more appropriate to address on-going City needs.
1. The flex schedule must occur within the empl oyee’s regular 40 hour workweek, but is not restricted to a sp ecific day or portion thereof. The manager and employee should work collaboratively to flex the employee’s Attachment 1
schedule in a manner that satisfies th e City’s needs and also reschedules the employee’s work to a time agreeable to the employee. The manager shall make the final determination. If an employee feels that a manager is not working collaboratively on flex scheduling, the employee may refer the matter to the Human Resources Director.
2. An employee should be info rmed about the need for a flex schedule with as much notice as is reasonably possible consistent with best practices.
3. No permanent change in work schedules are permitted under this provision.
4. No employee shall be put on a schedule that mandates the employee routinely stay late when there is no evening meeting, special ev ent or occasional necessary work.
This Article shall not prohibit any empl oyee covered by this MOU to voluntarily flex their schedule on a temporary basi s, subject to the approval of their supervisor.
During the term of this MOU, the City or the Union may meet and confer over the issue of overtime, flex time and exempt status designation.
16.5 Out‐Of‐Class Pay/Special Assignment
a) Out-of-Class Pay
Employees who are temporarily assigned to perform substantially all functions of a higher classification and work in such classification for 5 or more consecutive work days shall be compensated at fi ve percent (5%) above the employees’ normal pay rate or the first step of the higher level classification, whichever is greater. Assignments may be made to employees who are capable of performing the work of the higher-level position whether or not they have attained a particular formal educational level or experience requirements. Such assignments will be assigned on an as-needed basis an d when the higher classification is a budgeted vacancy or temporarily unfille d due to the incumbent’s absence for vacation or other approved leave.
Such out-of-class assignment pay shall be based on the full period of actual hours worked during the out-of-class assignment and received for the full period of time in which the employee works in the out-of-class assignment or any management or supervisory class, and provided that such higher assignment and related compensation has been authorized in advance by the employee’s manager or his/her designee and has been processed by the Human Resources Department.
Out-of-class assignment pay sh all not be paid for Paid Time Off, holidays, Paid Medical Leave or any other leave during the out-of-class assignment; nor, shall such leave days be considered a break in the out-of-class assignment.
Attachment 1
Out-of-class assignments shall not be made in increments of less than 5 shifts solely for the purpose of avoiding out-of-class pay.
Out-of-class assignments to a vacant position may not exceed 960 hours within a fiscal year. For the purposes of this section, “vacant position” refers to a position that is vacant during recruitment for a permanent appointment.
b) Special Assignment
The Department Director may authoriz e a temporary pay adjustment for an employee given a specific temporary special assignment clearly beyond the scope of their regular job description, or additi onal duties and resp onsibilities outside the employee’s existing job description while also performing their regularly assigned responsibilities. Special A ssignment Pay is intended to provide additional compensation for employees wh o are assigned, in writing, additional duties and responsibilities while also performing their regularly assigned responsibilities.
The request for Special Assignment Pay sh all clearly state the additional duties and responsibilities of the assignment, ju stify why it is to be performed by the designated employee, and give a specif ic duration for completion of the assignment with start and end date. Specia l Assignment Pay is five percent (5%) above the employee’s regular rate of pay for the period of time in which the employee works in the assignment. Th e special assignment and related compensation may end at any time at the discretion of the Department Director.
Special Assignment Pay is not reportable compensation to CalPERS.
The Department Director shall monitor th e special assignment to ensure it is appropriately warranted.
Special Assignment Pay shall not be recommended or authorized unless the assignment will continue at least one (1) work day. Special Assignment Pay will not take effect retroactively. Special Assignment Pay will not be paid when an employee is on Paid Time Off, holidays , Paid Medical Leave or any other leave during the special assignment; nor, shall such leave days be considered a break in the special assignment. The Special Assi gnment Pay will be discontinued on the date originally identified for completion of the assignment, unless an extension of specific duration is approved by the Depa rtment Director prior to the end of the original assignment end date. Special a ssignments may not exceed one calendar year.
16.6 Bilingual/Translator Pay
Attachment 1
Effective July 28, 2019, eEmployees are entitled to receive, in addition to their regular compensation, fifty twenty-five dollars ($ 5025.00) per pay periodweek ) for Bilingual/Translator skills if they meet the following criteria:
a) Certification by a provider contract ed through the Department of Human Resource that the employee possesses the needed language skills at an acceptable skill level; and
b) Certification by the director of the depart ment that the particular assignment of the employee involves need for the required skills on a regular and frequent basis.
Bilingual/Translator Pay shall not be paid if an employee is on unpaid leave for the full pay period. Bilingual/ Translator Pay will not nece ssarily continue if the employee is transferred or promoted.
Qualifying languages are: Cantonese, Ja panese, Mandarin, Sign Language, Spanish, Tagalog, Thai, Vietnamese, Farsi, and othe r language(s) deemed appropriate by the City.
16.7 Hazardous Duty Pay
Effective the first full pay period following City Council approval (August 21, 2022), the City and SEA/Local 21 agree to (a) add th e following classifications to the list of classifications receiving 1.5% Hazardous Duty Pay in the prior July 1, 2019 - June 30, 2022 MOU – Principal Water Pollution Cont rol Operator, Senior Water Pollution Control Operator, Senior Wa ter Pollution Control Plant Mechanic, Water Pollution Control Operator 1, Water Pollution Control Operator 2 and Water Pollution Control Plant Mechanic, Equipment Mechanic, Le ad Equipment Mechanic, Greenskeeper, Senior Greenskeeper; and then (b) roll the Hazardous Duty Pay for all classifications receiving Hazardous Duty Pay (both those previously eligible classifications and these newly eligible classifications) into base pay. After Hazardous Duty Pay is rolled into base pay, the language describing ha zardous duties below shall no longer apply to SEA/Local 21.
The City and SEA/Local 21 also agree that the job descript ions for all classifications having Hazardous Duty Pay ro lled into base pay shall be updated to reflect the job duties that justified the Hazardous Duty Pay.
Following are some example of duties considered as hazardous duty:
Use of high climbing rope for tree trimming work;
Attachment 1
Use of mechanical, hydraulic or pneumatic boom equipment for high electrical or mechanical work;
Use of climbing equipment for high pole work;
Repair of knockdowns in which there is potential contact with high voltage electrical wires;
Operation of the Stinger Cc rane when there is potential contact with high voltage electrical wires:
Work in confined spaces as determined by the City , except as performed by employees in the water pollution control series.
Confined space is a space defined by the concurrent existence of the following conditions:
Existing ventilation is insufficient to remove dangerous air contamination and/or oxygen deficiency which may exist or develop; and
Ready access or egress for the remova l of a suddenly disa bled employee is difficult due to the location and/or size of the opening; and
Dangerous Air contamination” and “oxygen deficiency” are used as defined in Title 8, Article 108, Sectio n 5156 of the California Occupational Safety and Health Code.
As used in this Article, “high” means th at the nature of th e work requires the employee to operate at a height above the gr ound that presents a danger of injury from a fall.
Employees in the following classification s shall receive a 1.5% hazardous duty differential over their regular base pay, regardless of the duties listed above.
Employees in classifications below marked with a “*” shall receive a 1.5% hazardous duty differential effective August 21, 2022, regardless of the duties listed above and subject to the provisions above that this premium will then be immediately rolled into base pay.
The following is the exclusive list of classi fications eligible for hazardous duty pay.
Employees who do not occupy one of the following classifications cannot be assigned to perform duties that fall within the scope of hazardous duty pay.
Job Code Classification
5753 Cross Connection Control Specialist
5050 Equipment Mechanic*
5310/5315/5320 Facilities Technician 1/2/3
Attachment 1
Job Code Classification
5301 Facility Attendant 2
7300 Greenskeeper*
7325 Groundsworker
5100 Heavy Equipment Operator
5150 Lead Equipment Mechanic*
5860/5850 Maintenance Worker 1/2
5350 Parks Leader
7675 Parks Worker 3
5752 Principal Water Pollution Control Operator*
5510 Public Works Crew Leader
5640 Public Works Supervisor
5651 Senior Building Services Leader
7301 Senior Greenskeeper*
5710 Senior Maintenance Worker
5600 Senior Park Utility Worker
5930 Senior Wastewater Collections Worker
5820 Senior Water Distribution Worker
5751 Senior Water Pollution Control Operator*
5425 Senior Water Pollution Control Plant Mechanic*
5200 Street Lighting Technician
7800 Utility Worker
5830 Water Distribution Worker
5810 Water Distribution Crew Leader
5800 Water Distribution Supervisor
5901 Water Pollution Control Operator 1*
5900 Water Pollution Control Operator 2*
5400 Water Pollution Control Plant Mechanic*
4100 Water System Operator
5920 Wastewater Collections Crew Leader
5910 Wastewater Collections Supervisor
16.8 Certification Pay
Effective the first full pay period following ratification and approval by the City Council, the City shall pay for training , acquisition, and maintenance of the certifications listed below.
Employees shall receive a total of 2.5% cert ification pay for the possession of one or more of these certifications as follows for all paid hours, includ ing all overtime, as well as leave payouts.
Attachment 1
Job Code Classification Certification
7900 Water Pollution Control
Operator-in-Training
Grade 1 or higher Operator’s
Certificate/California State Water
Resources Board
5901 Water Pollution Control
Operator 1
Grade 2 or higher Operator’s
Certificate/California State Water
Resources Board
5900 Water Pollution Control
Operator 2
Grade 3 or higher Operator’s
Certificate/California State Water
Resources Board
5751
5752
Sr. Water Pollution
Control Operator
Principal Water Pollution
Control Operator
Grade 4 or higher Operator’s
Certificate/California State Water
Resources Board
5730 Principal Design and
Construction Operator
Grade 4 or higher Operator’s
Certificate/California State Water
Resources Board
5830
5820
5810
Water Distribution
Worker
Sr. Water Distribution
Worker
Water Distribution Crew
Leader
Backflow Prevention Assembly Tester
or Cross Connection Control Program
Specialist from American Water Works
Association
Or
Grade D3 or higher Water Distribution
Operation Certificate from California
State Water Resources Board
5753 Cross Connection Control
Specialist
Grade D3 or higher Water Distribution
Operation Certificate from California
State Water Resources Board
5800 Water Distribution
Supervisor
Cross Connection Control Program
Specialist from American Water Works
Association
Or
Grade D4 or higher Water Distribution
Operation Certificate from California
State Water Resources Board
Attachment 1
Job Code Classification Certification
4100 Water Systems Operator Grade T2 or higher Water Treatment Operator Certificate issued by the
California State Water Resources
Board
Or
Grade D3 or Higher Distribution
Operator Certificate issued by the
California State Water Resources
Board
Or
Backflow Tester Certification approved
by the American Water Works
Association
Or
Cross-Connection Specialist
Certification approved by the
American Water Works Association
5850
5930
5920
Maintenance Worker 2 –
Wastewater Collections
Division only
Sr. Wastewater Collections
Worker
Wastewater Collections
Crew Leader
Grade 2 or higher CWEA Collections
System Maintenance
5910 Wastewater Collections
Supervisor
Grade 3 or higher CWEA Collections
System Maintenance
5400
5425
Water Pollution Control
Plant Mechanic
Sr. Water Pollution
Control Plant Mechanic
Grade 2 or higher CWEA Plant
Maintenance Mechanical Technologist
Or
Grade 2 or higher CWEA Plant
Maintenance
Electrical/Instrumentation
Technologist
Attachment 1
Job Code Classification Certification
5320
5651
Facilities Technician 3
Sr. Building Services
Leader
EPA Section 608 Technician
Certification (Type II or Universal)
The first full pay period following receipt by the Department of Human Resources of a copy of the employee’s certification (pa ssing of exam and completing all other requirements, e.g. experience, time in class, etc.), the City shall begin payment of the certification pay.
In order for an employee to continue to re ceive certification pay, the certification must be current and valid. Prior to expirati on of the current certification on file, a renewed or current/valid certification must be received by the Department of Human Resources in order to continue the certification pay. Should an employee fail to renew his/her their certification by the expiration date, the certification pay shall cease beginning the first full pay period following the expiration of the existing certification.
16.9 Standby Duty and Compensation
Standby duty is defined as that circumstance which requires the employee so assigned to:
Be ready to respond in a reasonable time to calls for her/his service;
Be readily available at all hours by telephone, or other communication devices, and
Refrain from activities which might impair her/his their assigned duties upon call.
Standby duty rotation shall be assigned by a management supervisor or his/her designee in writing according to the following terms and conditions;
Standby rotations and schedules shall be determined with as much advanced notice as practicable.
The trading of standby rotation slots, days, or shifts may be allowed at supervisor’s discretion, with advanced notice and notification to the proper dispatching agent.
One shift of standby duty worked is defined as a period spent by an employee either standing by or working while on standby duty, lasting approximately 8 hours per day. Each standby duty rotation has a maximum of 3 paid shifts per Attachment 1
day, and at no time shall 3 total paid shifts per day be exceeded, including situations that might arise from shift trades.
An employee is not considered to be on standby duty during the time overlapping that employee’s own regular hours (excepting holidays) or during a time that another employee on their regular hours is covering that Division’s on-call duties.
Standby duty rotation shall be compensated according to the following rules:
1 hour of compensation at the overtime rate for each shif t of standby duty worked; plus
3 hours compensation at the overtime rate on completion of 14consecutive shifts of standby duty worked.
On City observed holidays, standby sha ll be compensated at the rate of 1.5 hours at the overtime rate for each shift of standby duty worked.
For standby on a weekend (defined as the end of the employee’s regular shift on Friday and the beginning of the employee’s regular shift on Monday), bonus standby pay is paid on completion of 3 consecutive shifts of Standby Duty, at the rate of 1 hour of compensation at the overtime rate. An employee on Standby for Saturday would receive 1 hour at the overtime rate for Saturday;
an employee on Standby for Sunday would receive 1 hour at the overtime rate for Sunday; an employee who was on St andby for both Saturday and Sunday would receive 1 hour for each day; for a maximum of 2 hours for a weekend of standby duty.
Standby hours shall be recorded on the em ployee’s timecard by using the “Standby” pay code.
16.10 Call‐Out Duty and Compensation
An employee who is assigned to standby duty pursuant to the Standby Duty and Compensation provisions of this Agreement, and is directed to re turn to work, shall be compensated beginning at the time employee receives the call, and ending at the time the actual city work is complete (t ravel time home is not payable under this policy), or by a minimum payment of 1.4 ho urs at the overtime rate. However, time allowed for travel from the time of the call to the work site shall not exceed any time limit established by a department or division for response time and standby eligibility provided that such time limit shall not be less than 30 minutes. For example, ESD water distribution currently requires that an employee on standby be able to respond to calls on location within 30 minutes; travel time for such an employee would be the lesser of actual travel time or 30 minutes.
Attachment 1
If a new call-out is received prior to the completion of the previous call-out assignment, the new call-out will be considered a continuation of the previous call- out, and no additional minimum shall apply.
When assigned to standby duty on a City observed holiday, the call-out minimum shall be two (2) hours at the overtime rate.
Employees who do not return to work bu t who are contacted by telephone and are required to respond shall be paid a call out minimum of 30 minu tes at the overtime rate, provided such calls occur between 11:00 p.m. and 4:00 a.m., or shall be paid for actual time worked at the overtime rate, whichever is greater. For calls that occur outside of the above referenced time period , employees shall be paid for the actual time worked at the overtime rate.
Call-Out hours shall be record ed on the employee’s timecard by using the “Call-Out” pay code.
16.11 Call Back Pay
An employee who is not on standby duty pursuant to Article 16.9, and who has completed his/her their work day and has left his/her the work site and is ordered to return to duty following the employee’s normal work day (“called back”), shall receive call back pay beginning at the time the employee begins responding to the call, which is generally the time of the call, and ending at the time the actual city work is completed (travel time home is not paya ble under this policy), or a minimum payment of two (2) hours at th e overtime rate if each of the following conditions is met:
The order to return to work occu rs following the termination of his/herthe employee’s normal work shift on the day the return is required,
The return is necessitated by unanticipated work requirements, and
The employee actually returns to work (i.e. defined as physically returning to work).
An employee who receives a “call back mi nimum” and who leaves work, shall not receive another “call back minimum” if they are again called back to work within two (2) hours of the previous call back.
An employee who is ordered to begin his/her their shift up to two (2) hours prior to his/her the normal starting time shall not be elig ible for call back pay for that early call back.
Attachment 1
Employees who do not return to work but are contacted by telephone, pager, or computer, shall not be paid a call back mini mum, but shall be paid for actual time worked at the overtime rate. Employees wh o are listed on a City emergency call list and who are called to respond in an emerge ncy situation are deemed authorized by virtue of their inclusion on the emergenc y call list to respond directly to the emergency call and are not required to obtain additional authorization prior to either an over-the-phone, computer, or in-person response.
Call-Back hours shall be recorded on the employee’s timecard by using the “Call-Back” pay code.
16.12 Court Pay
When scheduled and required by th e City to appear in court on his/her the employee’s regularly scheduled day off, an employee shall modify his/her their work schedule so that the City-related court duties occur during the employee’s work time.
In those situations where the work schedu le cannot be modified, an employee shall receive a minimum of four (4) hours at the overtime rate if the following conditions are met:
The court appearance occurs either duri ng the employee’s scheduled day off, or between shift duty for employees scheduled on the graveyard shift.
For the purpose of this Article, the gr aveyard shift is defined as any shift beginning between 7:00 p.m. and 12:00 midnight.
16.13 Emergency Overtime for Employees/Rest Period
If an employee is required to respond to an emergency call that requires him/her to work more than twelve hours within a tw enty-four-hour period, the employee shall be entitled to an eight hours rest period prior to returning to work. If any portion of the rest period occurs during the empl oyee’s regular schedule, the employee shall receive regular paid compensation for that time.
This section shall not apply to a declared disaster or period of emergency as determined by the City Manager.
16.14 Class A and B Driver’s License Compensation
Effective July 28, 2019, eEmployees who are required to possess and maintain a Class A or B California Driver’s License sha ll receive an additional $100 per month ($46.1523.08 per weekpay period). Such payment shall not be made for any period of time when the employee’s license is su spended or revoked, or the employee is determined to be unable to operate a commercial vehicle due to a lapsed DMV commercial driver medical clearance or as a result of removal from safety-sensitive Attachment 1
functions by a medical review officer, due to a positive DOT-mandated drug or alcohol test.
16.15 License Reimbursement
Employees who are required by the City to maintain a Class A or B California Driver’s License and who successfully renew their dr iver’s license or acquire a new license upon starting a new assignment requiring a Class A or B Driver’s License shall, upon submission of a receipt by the employee, be reimbursed by the City for the difference in cost between such license and a California Class C Driver’s License.
16.16 Shift Differentials
Effective the first full pay period following ratification and approval by the City Council, eEmployees regularly assigned to swing, graveyard, or rotate shift (i.e. relief on day, swing or graveyard shifts [R1] or relief on swing and graveyard shifts [R2]) shall be compensated with a 5% differential. Shift differentials will continue when employee is on paid leave.
16.17 Trainer Compensation
An employee in the classification of Community Service Officer (CSO) who is selected and designated by the Depart ment of Public Safety Mana gement as a CSO Training Officer shall be compensated at five percent (5%) above the employee’s normal base pay. A maximum of two (2) CSOs shall be selected and designated as CSO Training Officers at any one time, and receive the trainer compensation. Trainer compensation shall be paid for all working hours including overtime, and leave time taken.
The selection, designation, and un-designation of CSO Training Officer shall be based upon operational need by the Department of Public Safety Management.
Article 17 INSURANCE PLANS
The City shall continue to provide group Medi cal, Dental, Vision, Li fe/AD&D, long term disability insurance plans, and the Employee Assistance Program. Any health plans for which the City contracts directly with the provider, prior to changing the provider or the level of benefits, the City sh all first give the Union the opportunity to meet and agree concerning such changes.
The City shall contribute the medical and cafeteria plan contributions as provided in Section
17.1 toward Medical, Dental, and Vision . The medical plan contribution shall be applied to medical premium only. The cafeteria plan contribution shall be applied first to any remaining unpaid medical premium, then toward the premiums for dental and vision insurance.
Attachment 1
17.1 Medical Insurance
The City’s contribution to the medical and cafeteria plans will be as follows:
a) Calculate 80% of the average of the fa mily monthly premium for Region 1 (Bay Area) CalPERS Blue Shield Access+ HMO and the CalPERS Kaiser HMO plan.
2019 2022 Calculation
Kaiser $ 1,997.452,228.36 per month
Blue Shield $ 2,524.342,901.63 per month
Average $2,260.902,565.00 per month
80% of average $1,808.722,052.00 per month
b) The contribution as described in sect ion 17.1(a) will be a llocated 49% medical contribution and 51% cafeteria plan.
2019 2022 Calculation
49% Medical - $ 886.271,005.48 per month
51% Cafeteria - $ 922.451,046.52 per month
Total contribution $ 1,808.722,052.00 per month
c) Effective the first full pay period after Council approval (August 21, 2022), the City’s contribution to the medical and cafeteria plans will be calculated at 85% of the average of the family monthly prem ium for Region 1 Ca lPERS Blue Shield Access+ HMO and the CalPERS Kaiser HMO plan.
2022 Calculation effective August 21, 2022
Kaiser $2,228.36 per month
Blue Shield $2,901.63 per month
Average $2,565.00 per month
85% of average $2,180.24 per month
d) Due to the administrative timing requirements for CalPERS to adopt and implement the desired changes set fort h in section 17.1.e), the increased contribution amount of $2,180.24 described in section 17.1.c) will be allocated $1,005.48 per month as the City Medical Contribution and $1,174.76 per month as the City Cafeteria contribution, for a total of $2,180.24 per month for the period from August 21, 2022 through the pay period before the pay period that includes October 1, 2022.
e) Effective the pay period that includes October 1, 2022, the City ’s contribution to the medical and cafeteria plans will contin u e t o b e c a l c u l a t e d a t 8 5 % o f t h e Attachment 1
average of the family monthly premium fo r plan as described in section 17.1.c) (i.e., $2,180.24 per month), but with th e contribution instead allocated 49% medical contribution and 51% cafeteria plan as follows:
2022 Calculation effective the pay period including October 1, 2022
49% Medical - $1,068.32 per month
51% Cafeteria - $1,111.92 per month
Total contribution $2,180.24 per month
e) Annual medical and Cafeteria Plan changes during the term of this MOU shall be calculated in accordance with the formula described in section 17.1( ca) and
17.1(bd). However, any annual increases in the medical contributions shall not exceed a 5% total increase. Any amount in the formula increase that will exceed a 5% increase in the medical contributions shall be allocated to the cafeteria plan contribution.
2019 2022 Calculation effective the pay period including October 1, 2022
Medical - $ 877.441,015.75 per month
Cafeteria - $ 931.281,164.49 per month
Total contribution $ 1,808.722,180.24 per month
df) Cafeteria Plan contributions may be used by employees to purchase both taxable and non-taxable benefits including medi cal premiums, dental premiums, family vision premiums, and supplemental life/AD&D premiums. Effective the plan year beginning January 2020, cC afeteria plan contribution s shall not be used to purchase supplemental life/AD&D pr emiums. Supplemental life/AD&D premiums will be paid by employees.
There shall be no cash payments for any unused Cafeteria Plan contributions.
ge) Medical, dental, and vision premium contributions are paid for on a pre-tax basis; however, the City agrees to contin ue to provide employees with an option to pay their insurance premiu m contributions on a post-tax basis, to the extent permitted by the Internal Revenue Code. Effective with the implementation of the ERP, premium contributions and deductions will be paid twice per month rather than bi-weekly.
17.2 Cash In‐Lieu of Medical Coverage
Effective the first full pay period following ratification and approval by the City Council, cCash in-lieu of medical coverage is no longer offered.
Attachment 1
17.3 Dental Insurance
Dental insurance at the current benefit leve l will continue to be provided. The City contribution for dental insurance shall be as provided in Section 17.1.
If spouses or registered domestic partners are represented by different bargaining groups, dual coverage under the dental pl ans offered for each bargaining group will be allowed. Dependents may be covere d under one or both dental plans.
Coordination of benefits by the dental pr oviders will be made pursuant to current industry standards.
Dental insurance is available for enrollment the month following an employee’s date of hire.
17.4 Vision Insurance
Vision insurance at the current benefit le vel will continue to be provided; such coverage includes a deductible that the employee must pay at the time of service. The City will contribute the full cost of th e premium for employee and up to one dependent as part of the City’s Cafeteri a contribution effective with the implementation of the ERP . City family coverage contribution is provided in Section
17.1(bd).
17.5 Employee Assistance Program
The Employee Assistance Program will cont inue to be provided. Enrollment is mandatory, and the premium is fully paid by the City.
17.6 Registered Domestic Partners
SEA/IFPTE Local 21 and the City shall comp ly with State and Federal law regarding the provision of Registered Domestic Partner benefits.
17.7 Life/AD&D and Long‐Term Disability Insurance
The City shall provide Life and Accident al Death and Dismemberment (Life/AD&D) insurance for each employee in an amount equal to that employee's annual base salary, up to a maximum coverage of $175,000.
Such insurance shall be at no cost to th e employee, except that, insurance amounts above $50,000 provided by the City shall be subject to tax law provisions.
Attachment 1
At the time of hire, an employee may purchase supplemental Life/AD&D insurance in an amount equal to the employee’s annual base salary, up to a combined maximum coverage of $175,000.
Current employees, who did not purchase supplemental Life/AD&D insurance at the time of hire, may purchase supplemen tal Life/AD&D insurance during open enrollment in an amount as provided in the above paragraph, subject to approval by the carrier.
The City shall also provide Long Term Disa bility insurance that provides 67% of the employee’s annual base salary to a maximu m of $11,000 per month of paid benefits, subject to the terms of the contract with the carrier.
17.8 Dependent Care
The City shall continue to provide a plan in accordance with the Internal Revenue Code Section 129 allowing employees to qualify for pre-tax dependent care savings.
17.9 Health Care Reimbursement Account
The City shall continue to provide a plan in accordance with the Internal Revenue Code Section 125 that provides an option for employees to pay for health care expenses on a pre-tax basis.
17.10 Short‐Term Disability Insurance
The parties contemplate that SEA/IFPTE Local 21 will explore alternative short-term disability plans, including the California SDI program. Nothing herein shall prelude the parties from implementi ng by agreement a short-term disability plan. If SEA/IFPTE Local 21 selects the State SDI program, it will be adopted with an integration feature. In the event there is no agreement between SEA/IFPTE Local 21 and the City regarding the impl ementation of a plan other than SDI, and the City is preparing to implement a short-term disability insurance program with its management group, the City will provide notice and relevant information to SEA/IFPTE Local 21 prior to implementing su ch short-term disability program with respect to SEA/IFPTE Local 21. The City will provide an opportunity for input, but formal bargaining (per GC § 3505) will not be required.
17.11 Affordable Care Act
At such time as regulations are issued im plementing the Affordable Care Act (ACA), the City and the Union will meet and confer to review the impact of such regulations on the benefit plans then in force. If modifications to the health benefits, eligibility for coverage, employer or employee contribution to the cost of insurance or any other provisions of the benefit plans covered by this MOU will be mo dified by the ACA Attachment 1
during the term of this agre ement, it is agreed that th e City and the Union will meet and confer how such mandated changes will be implemented. In the event of meet and confer, the City will not unilaterally impose changes that would cause a reduction in City contributions towards benefits.
Article 18 LEAVES
The following employee benefits, as they are set forth in the City's Salary Resolution, are included by reference in this Agreement:
Leave Benefits
Leave Authorization
Leave Benefits; To Whom Applicable
Leave Payment
Leave Substitution
Special Schedule - Holiday Leave
18.1 Paid Time Off
a) Definition
Paid Time Off (PTO) is paid leave earn ed by employees that may be used for vacation, medical appointmen t, illness/injury, emergency, or personal business s u c h a s c a r e o f s i c k f a m i l y m e m b e r s o r school visits or similar appointments.
Leaves not included in PTO which remain separate leaves are bereavement, jury duty, military duty, workers’ compensation, floating holiday and holiday.
b) Accrual
All probationary and regular employees shall accrue PTO. PTO begins accruing on the first day of employme nt and is prorated on an hourly basis for each paid hour. All regular paid hour s shall count toward PTO accr ual. Time-off in excess of PTO accruals and other available le ave shall be leave without pay. As employees use PTO, the time used shall be deducted from the employee’s current PTO balance.
c) Accrual Rates
Employees shall accrue PTO each pay pe riod in relation to their years of continuous service.
The Accrual rates are listed below:
Attachment 1
Pay Periods of
Service
Years Hours/Pay
Period
Accrual Rate
Hours/Year
1-25.99 0 to 1 5.5 143
26-129.99 1+ to 5 6.5 169
130-259.99 5+ to 10 8.0 208
260-441.99 10+ to 17 9.5 247
442-649.99 17+ to 25 10.5 273
650 or more 25 or more 11.0 286
Accruals carry over from one payroll calendar year to the next.
For new hires, the City Manager may auth orize a higher accrual rate within the PTO accrual table.
d) PTO Accrual Cap
An employee may accrue up to 885 hours of PTO. An employee will no longer accrue PTO once the employee reaches the 885 hours cap until the employee uses PTO to reduce the employee’s leave balance, or the employee cashes-out PTO time as provided in this Article.
e) Scheduling PTO
Employees use 8 hours of PTO leave to take a full day of leave on a 40-hour schedule. An employee on an alternative work schedule shall use the number of hours relevant to the alternative work schedule to take a full day of leave. An employee may take scheduled or non-schedu led PTO in increments of less than one full day. PTO may be taken in eit her of two methods, scheduled and non- scheduled, as follows:
1. Scheduled PTO
All employees may take scheduled PTO. Except for illness or emergency, all PTO shall be pre-planned and pre-approved in accordance with any applicable department, division and/or City policy.
2. Non-Scheduled PTO
All employees may take non-scheduled PTO for an unanticipated illness or emergency. On the day of the absence, an employee, or someone on the employee’s behalf, must provide notice of non-scheduled PTO at or before the start of the employee’s scheduled work day. The notice must designate the absence as either an illness or an emergency. The City may take Attachment 1
disciplinary action against an employee who fails to provide notice, uses non- scheduled PTO for a reason other than unanticipated illness or emergency or circumvents the scheduled PTO process.
An employee’s routine use of non-scheduled PTO might cause the City to suspect leave abuse and initiate an investigation. This investigation could include but is not limited to requesting that the employee obtain a physician’s note concerning an illness which the City suspects is part of a pattern of leave abuse or if the City has information that the employee may not have been ill or injured.
3. Return to Work Following Illness or Injury
The City may require, with approval by the Human Resources Director or the Director’s designee, a return to work medical clearance for any employee using PTO due to an illness or injury if the employee is absent more than five (5) consecutive days.
f) PTO Cash-Out
Each employee in a classification repr esented by SEA/IFPTE Local 21 shall be required to submit an irre vocable election form in the preceding calendar year specifying the number of ho urs of Paid Time Off that he/she the employee will irrevocably elect to cash out in the following calendar year.
The parties agree to meet and discuss an IRS qualifying exception for cases of extreme hardship.
One time each year, each employee may cash-out accrued PTO on the last pay day in October.
An employee may cash-out up to 100 hours of PTO each year, so long as the employee maintains a balance of at least 120 hours.
The City will compensate the employee for the cashed-out hours at the employee’s base pay rate at the time of the cash-out. The minimum number of hours that may be cashed out is 8 hours.
g) PTO Compensation at Separation
An employee will be paid for all PTO ho urs in the employee’s leave bank upon separation. The PTO will be paid at the employee’s base pay rate at the time of separation. An employee, at the employee’s option and with City Manager Attachment 1
approval, may use accrued available PTO to extend the date of separation or retirement.
h) PTO Donation
An employee may donate PTO to anothe r City employee who has experienced a serious illness or injury that is not fully covered by the injured or ill employee’s PTO and/or other City leave programs, consistent with the City-Wide Employee Emergency Relief Fund Program set forth in Article 19.3.
18.2 Holiday Leave
Holidays for employees include:
New Year’s Eve
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Holiday leave is taken in full day (8-hou r) increments. A maximum of 8 hours of holiday leave may shall be recorded for an y single work day (see Exhibit B, Example C).
a) Library Employees
For holidays observed by the City, Librar y employees shall be assigned to work the holiday by first asking for volunteers and then by filling the remaining needed assignments by rotating equally among all qualified employees.
b) Holidays and Alternate Work Schedule
Holiday leave is for eight hours per holida y. When a holiday falls on a day when an employee working an alternate schedule would normally work more than eight hours a day, that employee shall have th e option, subject to approval of the employee’s supervisor, of making up the difference between the eight-hour holiday and his or her their normal workday by working the additional time during the same workweek during which the holiday falls. A supervisor’s denial of this option must be based upon operational need. Employees who do not take Attachment 1
this option will be required to use accrued/banked paid leave to make up for the additional time-off on the holiday. (See Exhibit B, Example C)
In the event that a City-observed holiday falls on an employee’s non-scheduled workday, the holiday hours that the em ployee would otherwise receive will be automatically credited to that employee’ s floating holiday leave bank, unless the employee takes another day off that workweek subject to supervisor approval or receives holiday pay. Any remaining floating holiday balance will be automatically cashed out at the end of each payroll calendar year. (See Exhibit B, Example D)
Any paid City holidays, which occur on employee’s non-scheduled workday, shall not be counted as hours worked for determination of overtime for that workweek. (see Exhibit B, Example D).
When an employee takes an entire workw eek off for any reason and the holiday occurs on the employee’s non-scheduled workday, it shall not generate any overtime pay or more than 40 regular hours of pay for the workweek under any circumstances. Employee is required to record 8 hours of holiday leave on the time card for each of the holidays occurring within that workweek, and reduce the corresponding number of hours from other paid leave. (See Exhibit B, Example E)
c) Floating Holidays
Employees shall be credited with thirty (30) hours of floating holiday leave on the first day of the first pay period in the payroll calendar year.
Newly hired employees shall be credited with a pro-rata share of floating holiday hours, based upon the proportion of the calendar year remaining after their date of hire.
Use of floating holiday leave shall be subject to approval in advance by the employee's supervisor.
Employees separating City employment sh all have their allotment of floating holiday leave for that year pro-rated based upon their date of separation.
Any employee who has used less than his/her their pro-rated allotment for the portion of the calendar year worked, shall have the remaining balance paid to him/her on his/her their final paycheck.
Any employee who has used more than his/her their pro-rated allotment for the portion of the calendar year worked, shall have the overage offset against any available accrued leave, on his/her the final paycheck. The employee may also authorize the deduction from his/her their final compensation. If the employee’s final paycheck is insufficient to repay the overage, the employee shall reimburse the City immediately.
Attachment 1
Unused floating holiday leave at the en d of the payroll cale ndar year will be mandatorily cashed out.
18.3 Bereavement Leave
Effective the first full pay period following ratification and approval by the City Council, an eEmployee shall be entitled to bereavement leave with pay in an amount not to exceed forty (40) work hours for each death occurring to a person on the list below.
To qualify for bereavement leave, the deat h must occur to an employee's spouse or registered domestic partner, father, mother, step-father, step-mother, son, daughter, brother, sister, grandparent, great-grandpar ent, grandchild, or great-grandchild; or to the father, mother, step-father, step-mother, son, daughter, brother, or sister, grandparent, great-grandparen t, grandchild, or great-gr andchild of an employee's spouse or registered domestic partner, or an individual that the employee or spouse have legal guardianship over.
A death certificate is sufficient to demonstrate qualification for bereavement leave for any relationship.
Except as provided herein, all bereavement leave must be used within twelve (12) calendar months of the date of the eligible incident, and in increments of one (1) day.
The department director may approve requests for leave usage in less than full day increments; provided that the decision on such usage is not grieveable.
The City reserves the right to require proof of death from the employee.
18.4 Jury Leave
An employee is entitled to jury leave subject to conditions and limitations contained in the Administrative Policy Manual as th e same exists or is amended hereafter, subject to meet and confer obligations.
18.5 Military Leave
Employees assigned to active military du ty are entitled to military leave in accordance with the provisions of appl icable State and Federal laws, and the Administrative Policy Manual as the same ex ists or is amended hereafter, subject to meet and confer obligations.
Attachment 1
18.6 Paid Medical Leave (PML)
Employees may be authorized up to forty (40) hours of non-accrued interim PML (for illness or injury) from the date of empl oyment for the first twenty-six (26) pay periods; provided, however, that at the conclusion of the twenty-sixth (26th) pay period the interim PML shall terminate, including any unused amount. The total allowable interim PML for employees fo r work-related and non-work related illness/injury combined is forty (40) hours during the first year of employment.
Employees qualify for PML after completion of twenty-six (26) consecutive pay periods from the date of original appoin tment. Effective the first full pay period following ratification and approval by the City Council, employees shall be required to use accrued/banked paid leave for the first 120 hours of any absence for the illness or injury. Following the employee’s use of accrued/banked paid leave for the first 120 hours, the City will cover the remaining time period in PML for the same illness or injury for the employee up to 90 calendar days of paid leave for the same illness or injury. After 90 calendar days, the employee shall be eligible to apply for Long Term Disability coverage provided pursuant to the City’s insurance policy.
18.7 Compensatory Time Off
An employee may select compensatory time off (CTO) in lieu of cash compensation for overtime required to be worked under Article 16.4.
Compensatory time shall accrue at the rate of time-and-one-half for each hour of overtime.
At any given time, an employee may not have a current CTO accrual balance of more than one hundred (100) hours.
Compensatory time off accruals of greater than sixty (60) hours shall be automatically cashed-out at the end of each payroll calendar year. At any time, aA n employee may at his or her election, cash out any compensatory time hours that in he/she the employee’s has in his/her compensatory time leave bank over 60 hours. This will cease with calendar year 2023.
Effective for calendar year 2023, an empl oyee must submit an irrevocable election form in the preceding calendar year specifying the number of compensatory time hours that he/she will irrevocably elect to cash out in the following calendar year to be eligible to cash-out any compensatory time hours in the following calendar year. Compensatory time hours may then be cashed out in the following calendar year so long as there are sufficient available banked compensatory time hours at the time of the subsequent cash-out request. Cash out will be paid on the last pay day in October.
Attachment 1
18.8 Accrued/Bank Leave usage
All accrued/banked leave (including, for ex ample, but not limited: Paid Time Off, Compensatory Time Off, Floating Holiday) may be used by an employee for scheduled and unscheduled time off, consistent with the department and administrative policies for approval process.
Article 19 ADDITIONAL BENEFITS
19.1 Workers’ Compensation Benefits
a) Salary Continuation
Employees unable to work due to a qualified work-related injury shall be placed on workers’ compensation leave (WC leave). During the first 60 days of such leave, employees will be entitled to receive two-thirds of their salary (untaxed income in accordance with state and federal law) as workers’ compensation benefits and one-third of their salary (taxed income) through the City’s salary continuation program. During this salary continuation period, employees shall receive the same benefits, service credit and seniority rights as they would if working. This salary continuation benefit is only available to employees who have completed 26 pay periods of service.
b) Waiting Period
There will be no waiting period before workers’ compensation benefits or salary continuation begins for a qualified WC injury or illness.
c) Leave Supplement Option
From the 61st day and continuing on WC leave, the employee shall receive two- thirds of their salary as workers’ compensation benefits paid by the City’s third- party administrator. Salary continuation will cease, but employees shall have the option to use accrued/banked paid leave in order to receive their full salary.
Employees shall not be required to use accrued/banked paid leave during this time. Employees who are out on a WC leave for more than 90 days will be placed on Long Term Disability (LTD) status and can apply for Long Term Disability insurance benefits. WC temporary disability benefits continue during this period.
d) Medical Appointment
If follow-up treatments and medical appointments are required to treat the work-related injury or illness after an employee returns to work from WC leave, the employee is entitled to use up to two hours of workers’ compensation Attachment 1
appointment leave (paid time) for each appointment. Such paid medical leave appointments shall be allowed until the employee is declared permanent and stationary by the treating physician. Once such designation has been made, the employee will be required to use accrued/banked paid leave for any further medical appointments.
e) Health Benefits
During WC leave, health premiums are paid in the same manner as they are while the employee is working: one month in advance. If the employee is out for more than 60 days, the premium for days 61-90 would be covered from the prior month’s premiums. After 90 days off work, when the employee is on LTD status, the employee will be on direct pay for health insurance.
f) Seniority
Employees will accrue full seniority for the first 90 days of WC leave regardless of whether they use accrued/banked paid leave to supplement WC benefits.
After 90 days on WC leave, the accrual of seniority will cease as the employee would be on LTD.
g) CalPERS Service Credit
Employees will accrue service credit while on salary continuation during the first 60 days off work. Service credit is not accrued once salary continuation ends unless the employee opts to use accrued/banked paid leave. If the employee uses accrued/banked paid leave, service credit will only accrue for the actual accrued/banked paid leave hours used. However, CalPERS gives credit for a full year as long as the employee is in full paid status for 10 months of the fiscal year.
19.2 Tuition Reimbursement
Employees are eligible for tuition reim bursement as provided in the City's Administrative Policy and sh all be limited to a maximu m reimbursement of $1,500 per employee per fiscal year. Such reimbursement shall be provided according to the following criteria:
a) Courses, certificates or course taken towards a degree program directly related to present position or directly related to potential promotional position are reimbursable at 100% of the course cost.
b) Courses required for an Associate, Bachelor or Graduate degree program unrelated to the employee’s present or potential promotional position are reimbursable at 50% of the course cost
Attachment 1
No reduction of City services will result due to the tuition reimbursement program.
19.3 City‐Wide Employee Emergency Leave Relief Fund
The City-Wide Employee Emergency Leave Relief Fund is a program that allows an employee who has leave hours accrued, th e opportunity to donate a portion of his/her their accrued leave to benefit another employee needing paid emergency leave.
To benefit from this Fund, the receiving employee must be eligible to accrue City paid leave time, must have used all available accrued leave and must have a personal emergency that requires the employee to be on leave from work responsibilities to attend to the emergency.
As with any leave of absence, the absence must be pre-approved by the employee’s management supervisor or his/her designee.
To receive relief hours from the Fund, th e employee, a member of the family or a friend, must submit a written request to the City Manager or designee stating the hours needed and briefly explaining the circumstances of the emergency requiring use of hours from the Fund.
Rules and procedures defining the use of th is Fund shall be prom ulgated by the City Manager or his/her designee. Any changes to the poli cy are subject to the meet and confer process.
19.4 Jackets‐Water Pollution Control
It is agreed that the City will provide 2 insulated wind breaker-type jackets with a zipper front for employees in the Water Po llution Control Operator series and the Water Pollution Control Plant Maintenance Mechanic series. It is further understood that the employees will leave the jackets at the Water Pollution Control Plant when they are off duty.
19.5 Safety Footwear
Each employee required by the City to wear safety footwear (see Exhibit D) shall be required to purchase and wear OSHA-approved safety footwear and shall receive an allowance for the purchase of such foot wear. The Human Resources Department shall maintain the listing of eligible classifications/positions, and shall post the list on the City’s intranet site. If an employee’ s manager determines that an employee who i s n o t o n t h e l i s t s h o u l d h a v e s a f e t y footwear, the manager shall provide the information to the Human Resources Department, and if the Risk Manager approves, the employee shall promptly be added to the list.
Attachment 1
The maximum allowance shall be two hundred and twenty-five dollars ($225.00), and may be used for more than one pair of sa fety footwear. Effective the first full pay period in July following ratification and approval by the City Council, the amount shall be two hundred and seventy-five dollars ($275.00). The amount shall be posted on the City’s intranet site along with other employee benefits.
The allowance shall be paid at the end of the first full pay pe riod in July of each year to those active employees in classes requiring safety footwear or for employees hired after that time, during the first full pay period of empl oyment. Should an employee use accrued available leave time to extend the date of separation or retirement, and should the utilization of leave time cross July 1, the employee shall not receive any safety footwear allowance for the new fiscal year.
19.6 Tool Allowance
Effective the first full pay period in July following ratification and approval by the City Council, the Lead Equipment Mechanic, Equipment Mechanic, Equipment Mechanic- In-Training and Fleet Services Coordinato r classifications shall receive a tool allowance of $450 per fiscal year. Such allowance represents the full compensation for tools, including replacement of lost or broken tools except that verified losses which would be subject of the City’s proper ty damage coverage such as losses from fire, break-in and/or theft, and vandalism are excluded from this limitation.
The allowance shall be paid at the end of the first full pay pe riod in July of each year to those active employees in the classifica tions listed above, or for employees hired after that time, during the first full pay period of empl oyment. Should an employee use accrued available leave time to extend the date of separation or retirement, and should the utilization of leave time cross July 1, the employee shall not receive any tool allowance for the new fiscal year.
Tool allowance will be reported as spec ial compensation subject to CalPERS’ determination.
This provision does not apply to Water Pollution Control Plant Mechanics.
The City shall provide a minimum set of tools for each of the employees in the classifications of Plant Mechanic and Senior Plant Mechanic employed at the Water Pollution Control Plant, as specified in Exhibit E.
19.7 Testing for City Vacancies
Any employee represented by SEA/IFPTE Local 21, who desires to test for a position advertised and posted by the City, if such a position represents a promotion or lateral transfer, shall be entitled to time off without loss of pay for the period required to take any and all parts of the testing proce ss.
Each employee is allowed to exercise
this prerogative twice per year, wi th as much advance notice to his/hertheir Attachment 1
supervisor as possible. Employees who wish to participate in more than two testing processes shall be allowed to do so but shall be required to use accrued leave or take time off without pay to participate in the process.
19.8 Direct Deposit
An employee may directly deposit all or a portion of his or her their net pay to a bank of his or her their choice via direct electronic paycheck deposit.
Each employee desiring this alternative mu st deliver a signed authorization to the Department of Human Resources requesting such electronic deposit. Along with the authorization requesting electronic deposi t, the employee must also file a waiver prepared by the City stating that the empl oyee knows the City cannot control and is not responsible for, the day upon which the employee’s bank credits his or her their account with the deposited funds.
The specific procedures for direct deposi t shall be as set forth in the City’s Administrative Policy.
19.9 Commuter Transportation Benefit
The City shall provide a plan in accordance with the Internal Revenue Code Section 132(f) that provides an option for empl oyees to pay for qualified work-related transportation expenses for mass transit, van pools, and parking on a pre-tax basis.
The monthly election limit is regulated by the IRS. This be nefit shall be cost neutral to the City.
19.10 Reimbursement Procedures
If either the City or an employee finds an overpayment has occurred, for whatever reason, it is the responsibili ty of the person discovering the error to bring it to the attention of the other party immediately. The overpayment may be reimbursed over the same amount of time that the overpa yment occurred, up to the maximum of one year.
Any employee who receives an amount annua lly that is designated for work-related attire or equipment that is individual-specific and not capable of being transferred to another employee, and who, having expended the amount received and acquiring and using the item, terminates employment, is not required to reimburse the City a pro- rata amount for the attire or equipment. Unexpended amounts are subject to return upon termination of employment.
19.11 Reporting of Special Compensation ‐ Uniforms
Each employee required by the City to wear a uniform, and who actually wears the uniform during works hours, shall receive a uniform in a manner determined by the Attachment 1
employee’s department or division. A uniform is defined as clothing which is a ready substitute for personal attire the empl oyee would otherwise have to acquire and maintain. This provision excludes items that are for personal health and safety.
A standardized value, as determined by th e City and adjusted annually each fiscal year, for qualified uniforms shall be report ed as “special compensation” as required by PERS procedures for employees in tier 1 and tier 2 as defined in Article 15 Retirement. The amount, not to exceed $550 per fiscal year, shall be posted on the City’s intranet site along with other employee benefits.
The City will utilize the April to April CP I-U for the San Francisco Bay Area (San Francisco-Oakland-Hayward), and multiply that number by the current amount reported as special compensation for unifor ms to establish the amount for the next fiscal year. The new amount will be report ed to CalPERS beginn ing the pay period that includes July 1 in accordance with CalPERS requirements.
Article 20 WORKING CONDITIONS
20.1 Work Schedules
Individual departments or divisions must ad here to City-wide policies for non-shift personnel. These department s and divisions may not adop t or impose processes or procedures concerning work schedules, other than those related to business necessity and/or job-site safety, which are more stringent than those set forth in City- wide rules and regulations, unless the process or procedure was subject to SEA/IFPTE Local 21 comment before adoption.
An employee(s) may request an alternative work schedule(s) based on the guidelines found in the City’s Administrative Policy related to Work Schedules.
This policy specifically allows the esta blishment of alternative work schedules, including flextime schedules. It also requ ires that the City establish schedules that are attentive to the needs of individual employees while also assuring prompt, efficient and cost effective public service.
In addition to the present provisions for special schedules for individual employees, the following provisions are made for spec ial schedules for shif t personnel at the Water Pollution Control Plant:
A special schedule of varying hours in a bi-weekly pay period may be implemented for all shift personnel (Senior Water Pollu tion Control Operators, Water Pollution Control Operators, and Operators in Traini ng) upon approval of two thirds (2/3) of the work group, the Department Director and the City Manager.
Attachment 1
A special work schedule implemented a ccording to the above procedure may be terminated at the end of a pay period by the City Manager, the Department Director, or upon 2/3 vote of the affected shift pe rsonnel upon three (3) weeks written notice to each other.
The City agrees to consider the needs and desires of employees requesting a special schedule. If the City denies a request for a special schedule, then the City will give the employee(s) the reasons for the denial in writing.
20.2 Promotional Exams
The department with an opening shall have the ability to interview and to appoint from among all of the applicants on the El igible List consistent with the City’s applicable Civil Service Rules. In this regard, the following provisions will apply:
For a City-wide promotional, the department may interview as many or as few candidates on the eligible list as it desires.
For a City-wide transfer, the department m a y i n t e r v i e w a s m a n y o r a s f e w candidates on the eligible list as it desires.
For an open and competitive recruitment, the department may interview as many or as few candidates on the eligible list as it desires.
When the City conducts a City-wide promotional or transfer and an open and competitive recruitment for the same cl assification, regardless of how many candidates the department otherwise desires to interview pursuant to this Article, it shall interview SEA/IFPTE Local 21 employees who are within the top five candidates on the eligible list.
The parties affirm and accept the City Charter merit system principle.
20.3 Reclassification
An employee may submit a request for a reclassification of his or her their job to the Department of Human Resources and to his or her their supervisor between February 1st and March 15th of each year.
Such request shall be processed through the employee’s depart ment and submitted to the Department of Human Resources.
Human Resources may decline a request fo r a study that has been previously reviewed within the past 24 months, unless the employee justifies such new request.
All reclassification submissions and notifications must comply with the timetable indicated below:
Attachment 1
Reclassification
Requests
Final Filing Date
for Department
to submit to
Human
Resources
Final Date for
Written
Notifications
Declining
Requests
Completion Date
Request submitted
between February
1 st and March 15th
March 31st of
same year
No later than June
30th of the same
year
9 months after
submission date of
request
Once the study is completed, if the City de nies the reclassification of the employee’s job, then the City shall give the employee the reasons for the denial in writing.
Once the study is completed, if the City reclassifies the job, and the employee who submitted the request was eligible to be promoted when the request was filed, the employee shall be appointed to the new posi tion effective the first day of the pay period following the pay period in which the reclassification study was completed and approved. Upon completion of the study, if the employee is not eligible to be promoted, then the appointment shall be effective when the employee becomes eligible.
Change in status will not be implemented retroactively.
20.4 Reduction In Force
If the City implements a reduction-in-force that affects employees in this Unit, it will be administered pursuant to the City’s Admi nistrative Policy related to Reduction in Force, consistent with the following concepts:
SENIORITY:
Seniority is determined by total pay periods of service with the City, regardless of classification in which employed.
BUMPING:
Employees identified for layoff shall have bumping rights to their current or previously held classification within the Unit based on se niority as defined above.
Employees wishing to bump must exer cise these rights within seven (7) calendar days after receiving written notification of the layoff, otherwise the bumping rights shall automatically terminate.
Employees must meet the minimum qualifications for the classification and possess the knowledge, skills, and ab ilities to perform the duties and responsibilities of the specific position.
Attachment 1
When the City determines that it must im plement a reduction-in-force that affects employees in the Unit, the City shall give the Union reasonable advance notice.
Notice to the employee shall be in writing thirty (30) calendar days prior to the effective date of the layoff.
20.5 Health and Safety
City will send the Union a copy of the minutes of the City Safety Committee after each meeting.
City shall make available applicable Material Data Safety Sheet av ailable to affected employees, and provide training so employees will be able to read and interpret these data sheets as required by CalOSHA.
An employee designated by the Union sha ll be a member of th e City-wide Safety Committee, if the Union so designates.
20.6 Job Sharing
If requested, the City and the Union shall meet and confer to discuss and implement a job sharing program. The Union understands such discussions may have an impact on another City represented bargaining unit and those unit representatives may need to be consulted prior to any program implementation.
20.7 Job‐Related Work
Employees shall not be required to do job- related work during break periods. “Job- related work” includes any work set forth in a job description, stated as a component part of a job evaluation, or any work directed to be done by a supervisor or manager.
20.8 Grievance Procedure
a) Definitions
Grievance: A grievance is an alleged misapplication of a specific provision of this MOU, or of a specific provision of th e Administrative Policy Manual, City Ordinance, or City Code, or departmental policies, rules or regulations, covering wages, hours or other terms or cond itions of employment, which alleged misapplication adversely effects the grievant. The content of Employee Performance Audits or disciplinary actions are only appealable as provided in Article F.9 - Disciplinary Appeal Procedure.
Attachment 1
Written Grievance: A written grievance is a grievance, as defined above, which has been reduced to writin g on a form provided by the City and which shall include the grievant's name, classification, department, imme diate supervisor's name; representative's name, if any; the specific section of the MOU, ordinance or code alleged to have been misapplied; a specific description of the alleged grievance with the circumstances supporting the grievant's allegation; and the specific remedy requested to resolve the grievance.
Grievant: A grievant is an employee, a group of employees or the Union. A grievant may file a grievance as define d above. Alleged mi sapplications which affected more than one employee in a substantially similar manner may, by mutual agreement, be consolidated as a group grievance and thereafter represented by a single grievant.
Work day for this section is defined as Monday through Friday exclusive of holidays.
b) Process
Unwritten Grievance. The grievant shall orally discuss his/her the grievance with his/her their immediate supervisor in an attempt to resolve the grievance.
The supervisor shall give an oral response to the employee within seven (7) work days of the issue being raised by the employee.
Written Grievance.
Level 1
If the grievant is not satisfied with the resolution proposed at the unwritten level, he/she the grievant may, within thirty (30) calend ar days from the event giving rise to a grievance or fr om the date the employee co uld reasonably have been expected to have had knowledge of such event, file a formal written grievance with his/her their program manager on a form prepared and supplied by the City.
The program manager shall, within seven (7) workdays from the receipt of the grievance, meet with the grievant and give a written response to the grievant on the original grievance form.
Level 2
If the grievant is not satisfied with the written response from his/her their program manager, the grievant may, within seven (7) workdays from the receipt of such response, file a gr ievance with the division-lev el manager. Within seven (7) workdays of receipt of the written a ppeal, such manager shall investigate the grievance, which shall include a meeting with the grievant, and give a written response to the grievant on the original form.
Level 3
Attachment 1
If the grievant is not satisfied with the written response from his/her their division-level manager, the grievant may, within seven (7) work days from the receipt of the response, appeal the grievance to the Department Director. Within seven (7) work days of receipt of the wr itten appeal, the Department Director or designee shall investigate the grievance, which may include a meeting with the grievant, and give a writte n response to the grievant on the original grievance form.
Level 4
If the grievant is not satisfied with th e written response fr om the Department Director, the grievant may, within seven (7) work days from the receipt of the response, file a written appeal to the City Manager or designee. Within ten (10) work days of receipt of the written appeal, the City Manager or designee shall investigate the grievance, which shall in clude a meeting with the grievant, and give a written response to the grievant, which answer shall be final and binding, except as provided in Article 20.11 - Arbitration.
c) General Provisions
The time limits set forth herein above are to be strictly followed. Time limits may be waived only by written agreement signed by the parties.
If a grievant fails to carry his/her their grievance forward to the next level within the prescribed time period, the grievance shall be considered settled.
If the original grievance is modified at any step, it shall be considered a new grievance and must be re-filed, treated as a new grievance and subject to all procedural considerations, unless modified in writing by mutual consent of the parties.
If a supervisor or manager fails to respon d with an answer within the given time period, the grievant may appeal to the next higher level.
The grievant may be represented by a person of his/her their choice at any formal level of this procedure.
Formal levels may be waived by mutual written consent of the parties.
If the grievant is not represented by the Union, the Union shall be notified of a settlement proposed at any written level of the procedure which is acceptable to both the grievant and the City prior to the settlement being finalized. The purpose of this step is to allow th e Union to state its position for the record. If the Union does not provide a written response within seven (7) work days after notification, such opportunity to respond shall be considered waived, and the proposed settlement shall be implemen ted and the matter closed. If a timely response is Attachment 1
made, the City's representative shall give full consideration to the Union's position prior to settlement of the grievance.
By mutual agreement of the parties, a grievance may revert to a previous level of the procedure.
d) Grievance Representative
There shall be a reasonable number of Grievance Representatives in this Unit.
At the request of the grievant, the griev ant may be represented by a Grievance Representative.
In instances where the designated Griev ance Representative is unable to represent a grievant, the President shall represent the grievant or designate a representative who is on the current list as provided below, to act as a substitute.
Both the Grievance Representative an d either the Union President or Vice- President will be allowed to represent at Level 2 or higher.
A Grievance Representative shall be granted reasonable release time to investigate and/or prepare for a grieva nce procedure and to attend a formal grievance hearing. A Grievance Representative shall be granted reasonable release time to attend an investigative meeting and to act on behalf of an employee facing possible disciplinary action.
A Grievance Representative desiring to leave his/her their work location to process a grievance shall first obtain permission from his/her their immediate supervisor. Release from work shall be made as soon as practical.
A Grievance Representative desiring to enter the work location of a grievant to process a grievance shall first obtain permission from the grievant's supervisor.
Permission to enter shall be made as soon as practical.
The Union agrees that whenever a Griev ance Representative is involved in grievance activities listed in this Section during working hours, only that amount of time necessary to bring about a prompt disposition of the matter will be utilized.
The Union shall give the Human Resources Director or designee a list of the names of employees selected as Grievance Repr esentatives, and will immediately notify the Department of Human Resources of any changes.
Only those employees whose names are on the current list shall be granted release time to serve as a Grievance Representative.
20.9 Disciplinary Appeal Procedure
Attachment 1
If an employee is to be suspended, demoted, dismissed or have his/her their salary reduced, he/she the employee shall:
Receive written notice of the proposed action stating the date it is intended to become effective and the specific grounds and particular facts upon which the action is based;
Receive copies of any known written ma terials, reports or other documents upon which the action is based;
Be accorded the right to respond in writing within a reasonable period of time to the proposed charges;
Also, be accorded the right to meet within a reasonable period of time with a manager who has the authority to recommend modification or elimination of the proposed disciplinary action; and
The employee shall be given the mana ger's written decision within a reasonable period of time.
Employees holding a regular appointment who are suspended, demoted, reclassified, dismissed or have a salary reduction shall be entitled to be heard before the Personnel Board at a duly constituted me eting in accordance with the following procedure:
A written request to the Board must be filed through the Department of Human Resources within fourteen (14) ca lendar days from the effective date of the action from which the employee seeks exception.
Within twenty-one (21) calendar days after the proper filing of written request for a hearing, the Personnel Board shall commence a hearing following any review of the action and complaint deemed necessary.
The hearing before the Personnel Board may be public or private at the option of the employee, and the employee may be represented by legal or other council; however, the hearing shall be informal in substance and the rules of evidence prescribed for duly constituted courts shall not apply.
The Personnel Board shall, within fourteen (14) calendar days of the aforementioned hearing, render its decision in writing, and the Secretary shall direct copies thereof to the City Manager, the City Clerk and the employee requesting said hearing.
The decision of the Personnel Board may sustain, revoke, or modify the reclassification, suspension, demotion, salary reduction or dismissal and shall Attachment 1
be final and conclusive in all respects and shall not be subject to appeal except as allowed by law.
In the event the Personnel Board revokes or modifies a reclassification, suspension, demotion, salary reduction or dismissal and orders the employee reinstated to the former position, it ma y direct the payment of salary to the employee for the period of time the Personnel Board finds the suspension, reclassification, demotion, salary redu ction or dismissal was improperly in effect.
Discipline shall only be taken for just cause.
20.10 Selection Appeal Procedure
A Unit member who is not selected to fi ll a vacant position may request a meeting with a representative of the City’s Human Resources Department to receive feedback concerning the employee’s performance in the recruitment process. The purpose of this meeting is to enlighten the employee about his/her strengths and weaknesses for future opportunities within the City.
20.11 Arbitration
If a grievance has been properly proc essed through Article 20.8 - Grievance Procedure, and has not been resolved, and the original grievance is an alleged misapplication of a specific provision of this MOU which adversely affects the grievant, then the grievant, through the Union, may appeal the grievance to Arbitration.
To request Arbitration, the appeal must b e f i l e d w i t h t h e D i r e c t o r o f H u m a n Resources or designee within ten (10) days of receipt of an answer at Level 4, or ten (10) days from the last day an answer was possible at Level 4 of Article 20.8 - Grievance Procedure.
The parties may mutually agree upon the sele ction of the arbitrator or shall jointly request the State of California Mediation and Conciliation Service to provide a list of seven (7) names of persons qualified to act as arbitrators.
Within ten (10) days following receipt of the above-referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be determined by lot, and the parties shall alternately strike one name from the list until only one (1) name remains, and that person shall be the arbitrator.
Within twenty (20) days following the receipt of the notice of appeal to arbitration, a meeting shall be arranged by the Director of Human Resources or designee with the employee and appropriate Union representati ve to prepare a joint statement of the issue(s) to be presented to the arbitrator. If the parties are unable to agree upon the Attachment 1
issue(s), each party will prepare its statement of the issue( s) to be presented to the arbitrator.
The arbitrator shall hold a hearing on the issue(s) jointly submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue(s), and, within 3 0 c a l e n d a r d a y s o f t h e h e a r i n g , r e n d e r a w r i t t e n d e c i s i o n w i t h r e a s o n s f o r t h e decision.
Unless the parties mutually agree, there shall be no post hearing briefs. The parties shall present oral argument immediately upon close of the presentation of evidence.
However, in the situation of multiple day hearings broken by days or weeks, or of a complex case, a party may request of the arbitrator the right to submit a post-hearing brief.
Each of the parties shall pay for the time and expenses of its representatives and witnesses through all stages of the arbitration and shall contribute equally to the fees and expenses of the arbitrator and court reporter, if any. A reasonable number of City employee witnesses will be provided release time for necessary testimony.
The parties agree that the arbitrator shall not add to, subtract from, change or modify any provision of this Agreement and shall be authorized only to apply existing provisions of this Agreemen t to the specific facts invo lved and to interpret only applicable provisions of this Agreement and applicable provisions of the law.
The decision of the arbitrator shall be final and binding.
The arbitrator’s award is subject to the California Arbitration Act, by petition of either side, pursuant to C.C.P. Sections 1280, et seq.
20.12 Appeal Procedure Waiver
The Union agrees that the procedures se t forth in this Agreement are the only grievance and appeal procedures available to the employees it represents and that any appeal rights found elsewhere within Ci ty Codes, Ordinances or Resolutions are waived. The sole exception to this waiver is the Impasse Proced ure, which is still applicable as a dispute resolution proced ure available during the meet and confer process.
Article 21 UNION PROVISIONS
21.1 Bulletin Boards
The Union shall have the use of designated bulletin board space to post material related to Union business.
Attachment 1
The City shall determine the placement of bulletin boards and the portion of the board to be made available to the Union.
The Union shall remove posted material after it has served its purpose, usually within 30 days.
The Union agrees that nothing of a libelous, obscene, defamatory, or of a partisan political nature, shall be posted.
The Union agrees that this Article provid es the right to post materials only on designated bulletin boards.
Any material posted in violation of this Article may be removed by the management representative designated for a particular bulletin board. If material is removed, the City shall notify the Union in writing of the removal and the reasons therefore.
21.2 Use of City Facilities and Equipment
The Union may be granted the use of City facilities subject to the following conditions:
the meeting is during non-work hours;
the meeting is for City employees;
the meeting is not for organizing activities;
the meeting is not for a membership drive;
the Union makes a written request at le ast 24 hours in advance of the day it wants to use the facility, and statin g the purpose of the meeting; and space is available.
The parties agree the City has the right to assess reasonable charges for the use of such facilities.
Use of City equipment, other than items normally used in the conduct of such business meetings, such as desks, chairs, and black/ whiteboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.
The Union may use the City’s email system and interoffice mail system outside of work hours to post notices and results of elections, appointments of officers, to schedule and post notices of meetings, and to post notices of recreational, social and other organization events. Per Municipal Code Section 2.24.100, employees may only review and respond to such notices during non-work times.
In those instances where the City initiate s contact with the Union and requires a response with less than a five-day turn-around time, the Union officers are authorized to communicate with members by e-mail or interoffice mail.
Attachment 1
21.3 Conference Attendance
Union representatives shall be allowed to use a total of 80 hours of unpaid leave per calendar year to attend training sessions, conferences and other Union activities. The use of the 80 hours may be divided amon g n o m o r e t h a n e ight different Union representatives each year. The Union shall provide the City with a list of which Union representatives are eligible by January 15 of each year and shall notify the City immediately of any changes in the list.
To receive unpaid leave the employees must first receive approval for the time off from their department director by completing the City’s Leave Request Form.
Such time off shall not be considered time worked, but shall not be considered a break in service.
21.4 Dues Deduction
a) Upon receipt of request from SEA/IFPT E Local 21, the City will deduct the appropriate dues or fees from the employ ee’s pay, as established and as may be changed from time to time by SEA/IFPTE Local 21 and remit such dues or fees to SEA/IFPTE Local 21. Such deduction will continue until the City is provided notice by SEA/IFPTE Local 21 to cease dues deductions for a specified employee.
b) Remittance of the aggregate amount of all deductions made pursuant to this Article shall be made to the Union by the City within thirty (30) days after such deductions are made.
c) Waiver of Election for Newly-Represented Employees
The addition of classificati ons and/or employees to the Unit shall not require an election for the application of provisions in this section.
d) Payroll Deductions and Pay-Over
1) The effective date of dues shall be th e next full pay period after receipt by the Human Resources Department of the authorization form from SEA/IFPTE Local 21.
2) The employee’s earnings must be suff icient, after other legal and required deductions are made, to cover the am ount of the dues or service fees authorized. All legal and re quired deductions have priority over Union dues and service fees.
3) When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings.
Attachment 1
4) In the case of an employee who is in a non-pay status during only part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made.
5) The City shall promptly pay to the designated payee all sums so deducted.
e) If, during the term of this MOU, the Union establishes a Political Action Committee Fund, as soon as administratively possible the City shall deduct contributions that are permitted by state and federal law from the salary of each employee who files with the Union a written request that such deduction be made on their behalf.
f) Hold Harmless
The Union shall indemnify and hold harmless the City, its officers, and employees from any and all claims, demands, suits, or any other action arising from the Agency Shop and Political Action Committee provisions herein. In no event shall the City be required to pay from its own funds Union dues, service fees or charitable contributions which the employee was obligated to pay, but failed to pay, regardless of the reason(s).
g) Job Announcements
Job announcements for positions covered by this Agreement will incorporate the requirements of this Article.
h) Enforcement
Nothing herein shall requir e the City to take discip linary action against any employee who fails to comply with the provisions of this Article.
i) Term
Dues deductions on behalf of a recognized employee organization, shall continue in effect as long as the employee orga nization is the recognized bargaining representative, notwithstanding the expi ration of any agre ement between the public employer and the recognized employee organization.
21.5 New Employee Orientation
The City shall provide the Union written notice of, and access to, new employee orientation/onboarding meetings and information as set forth in this section.
a) Notice: The City shall provide at least 10 days’ written notice, by email to addresses that the Union shall provide to the City, of all new employee orientation meetings, whether the orientation takes pl ace in person, online, or through any Attachment 1
other medium in which City personnel advise one or more newly-hired employees in a SEA/IFPTE Local 21-represented ba rgaining unit (“new employees”) of information regarding employment status, rights, benefits, duties, responsibilities, or any other employment -related matters. The City typically conducts new employee orientation meetings once per quarter. This section does not apply to intake meetings with Huma n Resources on the employee’s first day of employment.
b) Access: At all orientation/onboarding meetings as defined above, the Union shall be afforded thirty (30) minutes to meet privately with, and provide materials and information to, all SEA/IFPTE Local 21-represented new employees who are present, without management personnel or any other persons present. These thirty-minute sessions shall be part of the regular standing orientation agenda and shall not infringe upon new employees’ meal or break times. Up to two of the Union’s representatives may be bargaining unit members, and any such bargaining unit members shall be authorized release time in accordance with the provisions of this MOU.
c) Alternate Process for New Employees Wh ose Onboarding in One-on-One or Otherwise Not at a Group Meeting: To the extent that a new employee’s onboarding/orientation process is individualized for that new employee, and/or to the extent that a new employee for any reason does not within 90 days of beginning work attend a group orientation/onboarding meeting satisfying parts a) and b) above, the following alternate pr ovisions shall apply in lieu of parts a) and b):
1. The Union shall notify the new em ployee and Human Resources of a proposed thirty-minute time slot, duri ng normal working hours, for up to two Union representatives to meet privately with, and provide materials and information to, the new employee, without management personnel or any other persons present. Union may have individual meetings with new employees within 10 days of start date if there is no New Employees Orientation scheduled within this time period.
2. One of the Union’s representatives may be a bargaining unit member, and any such bargaining unit member sh all be authorized release time in accordance with the provisions of this MOU.
3. For reasons of operational necessity only, the City may notify the Union that the proposed time is unworkable and that the Union must propose an alternate time.
d) Information Exchange: Within thirty (30) days of hiring an employee, or by the first pay period of the month following hi re, the City will provide IFPTE Local 21 with the below listed information in a digi tal or other usable data format such as Excel, CSV, or TSV:
1. Name
2. Job Title
3. Department
Attachment 1
4. Work Location
5. Telephone Number(s) (work, home, and personal cellular)
6. Personal email addresses on file with employer
7. Home Address of the new hire
Similarly, the City will also provide the Union with the above detailed information for all employees within the Bargaining Unit at least every one hundred and twenty (120) calendar days in a digital format such as Excel, CSV, or TSV.
21.6 Release Time for Union Business
a) Union Representatives shall be allowed reasonable release time away from work with pay during regular work hours for the following matters:
i. Represent an employee of the Union on grievances, disciplinary, or matters within the scope of representation
ii. Attend mutually agreed upon meetings with the City
iii. Participate in labor negotiations of a successor Memorandum of Understanding
b) There shall be a reasonable number of Union representatives in this Unit. The Union shall make its best e ffort to designate different Union representatives to attend Union business.
c) The Union shall provide a list of designated Union representatives to the Director of Human Resources on an annual basis upon Union election, and shall notify the Director of Human Resources when changes occur.
d) The number of Union representatives wh o will be allowed re asonable release time shall not exceed the followings:
i. 1 Union representative for the purp ose of representing employees, or grievance as provided in Article 20.8.
ii. 3 Union representatives for the purpose of attending mutually agreed upon meetings with the City.
iii. 5 Union representatives for the purpose of labor negotiations of a successor MOU.
iv. Where circumstances warrant, the Director of Human Resources may approve the attendance of 1 additional person at meetings with the City and labor negotiations.
e) Use of release time:
i. It is recogn
ized that performance of the employee’s job duties come first. The use of release time shall be reasonable, and shall no t unduly interfere with work load and job requirements as determined by the City. ii. Union representatives shall notify their managers for release time at least 2 working days prior to the scheduled meetings, except in those cases involving Attachment 1
an unforeseeable circumstance that requires immediate Union representatives where advance notice cannot be given.
iii. Approval must be first obtained from the department director or designee, prior to Union representatives leaving their assignment to attend the schedule meetings.
iv. Should an employee desire to use personal time to conduct Union business, the employee shall follow the City’s Administrative Policy on leave request.
f) Labor negotiation preparation:
i. Members of the SEA/IFPTE Local 21 negotiating team shall be released from work duties for up to a total of two (2) hours either prior to or after each meeting scheduled for the purpose of meeting and conferring on a new Memorandum of Understanding.
g) All release time during regular work hours shall be reported on time card by using a specific pay code provided by the Department of Finance.
h) Travel time is included within the reasonable release time.
21.7 Union/Management Problem Solving Committee
The parties agree that regular meetings to explore mutual problems will be beneficial to the relationship between the City and the Union. To promote a problem-solving approach, the parties agree th at decision making shall be by consensus. For these purposes, consensus means that no meetin g participant objects to a decision or course of action under consideration by the group.
Consequently the parties agree to meet as needed to discuss any issue concerning the rights of either party or the relationship between the City and th e Union or the City and employees the Union represents. The pu rpose of the meetings is to exchange information and to solve problems
The parties agree that such meetings shall not be nego tiations and therefore the results of the meetings shall not be bind ing on the parties unless they develop and execute a document that memorializes their results.
Each of the parties will have three (3) re presentatives plus additional people as reasonably needed for a specific topic. Union representatives shall receive reasonable release time to participate in these meetings.
To promote the objectives of this process, the parties agree to focus on the problem under consideration and to attempt to develop a consensus solution for each problem discussed by the group. Further, to promote the objectives of this process, the parties agree to refrain from negatively characteri zing the participation, ideas or approach of the other party to people outside the meeting.
Attachment 1
The following basic concepts shall be adhered to:
Each party will appointment a mutually agreed upon number of participants. Agendas will be jointly set and minutes kept.
Effort will be made to include key policy decision makers. Committee may appoint sub-committees to study major issues and report back to the Problem Solving Committee with recommendations for resolution. A collective Problem Solving Committee proposal, when appropriate, will be submitted to each party’s principals for consideration.
Article 22 PAYDAY
Pursuant to the City’s Compensation Administrative Policy Chapter 4, Article 6 (Payroll Policy), payday is normally on the Thursday following the end of the pay period, but may deviate because of a holiday in the pay period or due to an emergency. It is understood that at such time that the payday is changed City-wide, such change shall be applied to the Union with one month notice.
Article 23 HRIS/FINANCIAL SYSTEM
The City contemplates will be implementing a new HRIS / Financial System during the term of this MOU. Accordingly, the parties agree to re-open MOU terms, as necessary, in order to implement any new system. The City agrees that the re-opener negotiations will not result in any material diminution in compensation.
Article 24 TERM LIMITED EMPLOYMENT
a) Term Limited appointments are designed for limited duration projects, and shall not be used to displace regular bargaining unit represented po sitions. There shall be no adverse effect on the bargaining units, as all bargaining unit members shall continue to receive full protections under existing MOUs. The intent behind Term Limited positions is to avoid layoffs – i.e., avoid hiring and then laying off employees retained to perform work of a limited duration. The assignment of regular employees to perform work related to the limited duration project with Term Limited employees used to provide backfill for the work of regular employees shall not be considered displacement of regular bargaining unit represented positions.
b) Term Limited appointments are different from Grant Funded employment as described in Salary Resolution Article 7.170, in that Term Limited appointments shall be tied to a budget for a specific project or projects of limited anticipated duration.
c) Term Limited appointments must be approved by the City Manager.
Attachment 1
d) Term Limited appointments are “at-will” and may be terminated at any time with or without cause. Further, th e City has the authority to terminate employment at the completion of the specified term, or prior to the specified term due to lack of funding or other budgetary constraints, or lack of work.
e) Term Limited appointments shall specify their duration, and shall not exceed two years, except under special circumstances approved by the City Manager, in which case the term may be extended by no mo re than 1 year. Such positions are not intended to replace regular, budgeted positions. Duration in position is counted from hire date and is not based on work hours.
f) Term Limited positions shall be subject to membership in the applicable bargaining unit and shall receive the full benefits applicable to their bargaining unit, except as limited by their “at-will” status.
g) Prospective employees shall be informed of the duration of th e appointment in the job announcement and at the time of em ployment, and shall be advised of and acknowledge in writing the impact of the Term Limited status, including that the City has the authority to terminate employment at the completion of the term, or prior to the specified term due to lack of funding or other budgetary constraints, or lack of work. Prospective employees shall also be advised of and acknowledge in writing their status as at-will employees and the City’s ability to terminate their employment for any reason with or without cause.
h) At the request of any bargaining unit, th e City will meet with bargaining unit representatives no less than twice a year to hear and resolve any concerns about the Term Limited program.
There shall be no more than twenty-seven (27) Term Limited employees in the SEA/IFPTE Local 21 bargaining unit. However, a regular SEA/IFPTE Local 21 employee in an out of class assignment (either within or outside of the bargaining unit) shall not count against the twenty-seven (27).
Any disputes regarding this provision before or during the term of the successor MOU shall be subject to mediation/arbitration before No rman Brand. After ex piration of the MOU, these provisions shall be subject to the normal grievance procedures in the MOU.
This document sets forth the full agreement of the parties; anything that is not included in this writing is not part of the agreement.
Attachment 1
City of Sunnyvale
Sunnyvale Employees’
Association/IFPTE Local 21
Kent Steffens, City Manager
Edith Alanis, SEA/IFPTE Local 21
President
Tina Murphy, Director of Human
Resources
Martin Schmidt, SEA/IFPTE Local 21
Vice President
Aurora Rozo, Human Resources Analyst
Richard Woo
Eddie Kreisberg, Labor Negotiator Markus Bracamonte
Date
Romandha Celestin, IFPTE Local 21
Representative
Date Date
Attachment 1
Exhibit A – Classifications Represented by the Sunnyvale Employees’ Association/IFPTE Local 21
Job Code Job Title Pay Range
1000 Accountant 101
6800 Accounting Technician 646
1100 Administrative Aide 104
1102 Administrative Aide-Employment Development 104
1250 Administrative Analyst 630
2170 Animal Control Officer 106
2199 Applications Analyst/Project Coordinator 1 716
2200 Applications Analyst/Project Coordinator 2 103
5015 Assistant Golf Professional 665
1251 Assistant Planner 126
2352 Assistant Recreation Services Coordinator 688
1200 Associate Planner 107
1205 Automotive Shop Attendant 670
4001 Building Inspector 1 702
4000 Building Inspector 2 111
2501 Business Liaison 124
4002 Business Systems Analyst 720
6750 Buyer 1 145
2000 Buyer 2 112
2500 Career Advisor 124
1400 Civil Engineer 116
2445 Client Support Specialist 1 717
2446 Client Support Specialist 2 708
6805 Collections Specialist 646
2150 Community Services Officer 106
5753 Cross Connection Control Specialist 186
6675 Customer Service Representative 172
2460 Deputy City Clerk 637
2160 Emergency Management Coordinator 106
2480 Emergency Medical Services Coordinator 674
2650 Employment Development Information Systems Analyst 108 1160 Employment Training Program Coordinator 611
1500 Engineering Assistant 1 117
1410 Engineering Assistant 2 660
4900 Environmental Chemist 1 196
1351 Environmental Chemist 2 100
Attachment 1
1350 Environmental Compliance Inspector 135
1840 Environmental Engineering Coordinator 168
2320 Environmental Programs Specialist 1 220
2321 Environmental Programs Specialist 2 221
5050 Equipment Mechanic 128
7100 Equipment Mechanic-in-Training 129
5310 Facilities Technician 1 198
5315 Facilities Technician 2 600
5320 Facilities Technician 3 614
5300 Facility Attendant 1 670
5301 Facility Attendant 2 671
6830 Finance Analyst 1 692
6840 Finance Analyst 2 630
6875 Finance Technician 647
4460 Fire Prevention Inspector 1 212
4461 Fire Prevention Inspector 2 213
4481 Fire Protection Engineer 1 215
4482 Fire Protection Engineer 2 216
4475 Fire Protection Inspector 651
4490 Fleet Services Coordinator 700
5025 Golf Course Equipment Mechanic 645
5010 Golf Professional 664
2505 Graphic Artist 180
7300 Greenskeeper 153
7325 Groundsworker 670
4450 Hazardous Materials Inspector 110
5100 Heavy Equipment Operator 130
2925 Housing Programs Analyst 179
2950 Housing Programs Technician 104
4400 Housing Rehabilitation Specialist 160
2930 Housing Specialist 107
2450 I.T. Coordinator 123
4950 Laboratory/Field Technician 620
4960 Landfill Technician 672
5150 Lead Equipment Mechanic 136
1600 Librarian 139
2100 Library Assistant 140
5250 Mail Clerk 150
5860 Maintenance Worker 1 699
5850 Maintenance Worker 2 600
6150 Meter Reader 147
Attachment 1
2349 Neighborhood Preservation Specialist 118
2419 Network & Systems Engineer 1 715
2420 Network & Systems Engineer 2 687
6200 Office Assistant 149
6250 Office Clerk 150
5350 Parks Leader 153
7320 Parks Supervisor 191
7600 Parks Worker 1 198
7650 Parks Worker 2 600
7675 Parks Worker 3 614
4080 Permit Center Coordinator 655
2110 Permit Clerk 1 180
2112 Permit Clerk 2 172
2115 Permit Technician 639
4875 Plan Check Engineer 168
4855 Plan Checker 1 662
4805 Plan Checker 2 656
7500 Press Operator 155
1020 Principal Accountant 616
2202 Principal Applications Analyst/Project Manager 632 2050 Principal Buyer 683
5730 Principal Design & Construction Operator 710
2204 Principal Network & Systems Engineer 632
6300 Principal Office Assistant 156
6701 Principal Storekeeper 668
5752 Principal Water Pollution Control Operator 710
1255 Program Coordinator 630
7400 Public Safety Maintenance Worker 198
6351 Public Safety Property Clerk 1 615
6350 Public Safety Property Clerk 2 176
1130 Public Safety Records Coordinator 621
6052 Public Safety Records Senior Specialist 635
6050 Public Safety Records Specialist 1 633
6051 Public Safety Records Specialist 2 634
2180 Public Safety Specialist 106
4650 Public Works Construction Inspector 160
5510 Public Works Crew Leader 161
5640 Public Works Supervisor 191
2351 Recreation Services Coordinator 1 164
2300 Recreation Services Coordinator 2 628
5431 Recycled Water Coordinator 663
Attachment 1
1010 Senior Accountant 641
6850 Senior Accounting Technician 647
2201 Senior Applications Analyst/Project Manager 631
4700 Senior Building Inspector 167
5651 Senior Building Services Leader 191
1140 Senior Buyer 624
2145 Senior Community Services Officer 151
1850 Senior Construction Inspector/Coordinator 167
4150 Senior Crime Analyst 653
1300 Senior Environmental Chemist 114
1349 Senior Environmental Compliance Inspector 146
7301 Senior Greenskeeper 609
4425 Senior Hazardous Materials Inspector 210
4325 Senior Housing Rehabilitation Specialist 601
2400 Senior Library Assistant 170
5710 Senior Maintenance Worker 614
6450 Senior Meter Reader 171
2345 Senior Neighborhood Preservation Specialist 148
4825 Senior Network & Systems Engineer 631
6500 Senior Office Assistant 172
5600 Senior Park Utility Worker 614
4090 Senior Plan Check Engineer 691
1260 Senior Planner 654
1865 Senior Transportation Engineer 610
1875 Senior Transportation Planner 657
5930 Senior Wastewater Collections Worker 614
5820 Senior Water Distribution Worker 696
5751 Senior Water Pollution Control Operator 679
5425 Senior Water Pollution Control Plant Mechanic 185
2504 Senior Workforce Services Representative 666
1345 Solid Waste Contract Administrator 168
4800 Solid Waste Specialist 169
6650 Staff Office Assistant 180
6700 Storekeeper 1 182
6600 Storekeeper 2 176
6710 Storekeeper/Buyer 112
5200 Street Lighting Technician 153
2120 Technical Support Specialist 649
1950 Traffic Engineer 116
4200 Traffic Engineering Technician 1 127
4201 Traffic Engineering Technician 2 607
Attachment 1
1955 Transportation Engineer 612
1861 Transportation Planner 183
7800 Utility Worker 600
5920 Wastewater Collections Crew Leader 153
5910 Wastewater Collections Supervisor 191
5430 Water Conservation Coordinator 650
5810 Water Distribution Crew Leader 695
5800 Water Distribution Supervisor 694
5830 Water Distribution Worker 697
5901 Water Pollution Control Operator 1 197
5900 Water Pollution Control Operator 2 202
7900 Water Pollution Control Operator-in-Training 199
5400 Water Pollution Control Plant Mechanic 154
5399 Water Pollution Control Plant Mechanic-in-Training 713 5435 Water Pollution Control Plant Systems Integrator 711 4100 Water Systems Operator 186
2540 Web & Communications Specialist 706
2550 Workforce Development Analyst 124
2503 Workforce Services Representative 667
Attachment 1
Exhibit B – Clarification of Overtime, Holiday, and Alternate Work Schedule Provision Contained in this Agreement
CLARIFICATION OF OVERTIME PROVISION
Included in this Agreement and Referenced Below
and
AMENDING RELATED ADMINISTRATIVE POLICY
and
ALL ALTERNATE WORK SCHEDULES
(with and without written agreements)
Effective February 12, 1995
Reaffirmed July 1, 1996
Reaffirmed July 1, 1999
Reaffirmed July 1, 2004
Reaffirmed July 1, 2015
Reaffirmed July 28, 2022
Effective with the 2012-2015 MOU, employees are no longer eligible for overtime on a daily basis. Employees continue to be eligible for ov ertime on a weekly basis in accordance with the Fair Labor Standards Act (FLSA) requirements.
This exhibit is intended to clarify and reflect current practices of certain MOU articles related to overtime, holiday, and/or alternate work schedules. Examples are provided in this exhibit describing the appropriate meth ods for employees to record work, leave and overtime in each of the options illustrated.
Article 16.4(a):
Overtime shall be defined as all paid hours in excess of forty (40) hours worked in a workweek. (Example A)
An employee who works on a holiday shall be compensated at the overtime rate for all hours worked on the holiday in addition to eight (8) hours holiday pay. (Example B)
All paid time shall count as time worked when determining overtime. (Example A)
Article 18.2:
Holiday leave is taken in full day (8 hour) increments. A maximum of 8 hours of holiday leave shall be recorded for any single work day. (Example C)
Article 18.2(b):
Attachment 1
When a holiday falls on a day when an em ployee working an alternate schedule would normally work more than eight hours a day, that employee shall have the option, subject to approval of the employee’s supervisor, of making up the difference between the eight- hour holiday and his or her their normal workday by working the additional time during the same workweek during which the holiday fa lls. A supervisor’s denial of this option must be based upon operational need. Employ ees who do not take this option will be required to use accrued/banked paid leave to make up for the additional time-off on the holiday. (Example C)
In the event that a City-observed holiday falls on an employee’s non-scheduled workday, the holiday hours that the employee would otherwise receive will be automatically credited to that employee’s floating ho liday leave bank, unless the employee takes another day off that workweek subject to supervisor approval or receives holiday pay. (Example D)
Any paid City holidays, which occur on employee’s non-scheduled workday, shall not be counted as hours worked for determinat ion of overtime for that workweek. (Example D)
When an employee takes an entire workweek off for any reason an d the holiday occurs on the employee’s non-scheduled workday, it shall not generate any overtime pay or more than 40 regular hours of pay for th e workweek under any circumstances. The employee is required to record 8 hours of holiday leave on the time card for each of the holidays occurring within that workweek, and reduce the corresponding number of hours from other paid leave. (Example E)
Special Issues for Employees working Special Schedules and/or Shift Schedules
The options available to employ ees working special schedules, i.e., not working a standard schedule of 5 days per week, 8 hours per day, whether or not a special schedule agreement is on file, and for employees working a standa rd shift schedule in which the employee is scheduled to work 8 hours per day, 5 days per week but the work is not necessarily scheduled Monday through Friday would follow the same patterns illustrated in examples A through E below.
In addition, the following is required:
1. A minimum of 40 hours of re gular time (work and/or leav e time) must be recorded each and every workweek.
2. Each employee must m
aintain his/her regularly scheduled work hours for each day whether worked or not so that the time card shows the number of hours that the employee is normally scheduled to work, e.g., 8, 9 and split 8, 9 or 10 hours.
3. When charging holiday time occurring on a scheduled work day which is not worked, the 9 or 10 hour per day employee must re cord 8 hours of holiday leave plus 1 or 2 Attachment 1
hours, respectively, of another leave fo r each holiday to me et the daily hours requirement in #2 above.
4. Holiday leave is taken in full day (8 hour) increments; a maximum 8 hours of holiday leave may be recorded for any single work day. The maximum total of holiday hours recorded in a workweek may not exceed the number of holiday hours actually occurring in that week or in the prior week.
Except that in any workweek in which a Wate r Pollution Control Operator or Senior Water Pollution Control Operator performs a relief coverage assignment, he/she the Operator may, with the approval of the supervisor, work (and record) varying hours on different work days for that week. Despite this possibility, th ese employees are required to maintain the minimum of 40 hours of regular time in each workweek (#1 above) and may not charge more than 8 hours of holiday time in any single workday.
Attachment 1
Example A Overtime shall be defined as all paid hours in excess of forty (40) hours worked in a workweek. (Article 16.4(a))
All paid time shall count as time worked when determining overtime. (Article 16.4(a))
Work schedule: Monday to Friday, 8 hours per day
In this example, employee takes a day of paid leave on Tuesday. On Friday, employee works 1 hour in addition to the regular 8-hour schedule. Employee will receive 1 hour overtime in the workweek.
Sun Mon Tue Wed Thu Fri Sat
Regular hours 8 8 8 8
Paid leave hours 8
OT hours 1
* Note: If a leave occurs during an employ ee’s regular workweek and the employee is required by management to work on a non-scheduled workday in that workweek, the hours worked on the non-scheduled workday would be paid at the overtime rate.
Attachment 1
Example B An employee who works on a holiday shall be compensated at the overtime rate for all hours worked on the holiday in addition to eight (8) hours holiday pay. (Article 16.4(a))
Illustration 1 – Regular work schedule
Work schedule: Monday to Friday, 8 hours per day
Holiday: Friday
In this example, employee works 5 hours on a holiday. Employee will receive 5 hours overtime in addition to 8 hours holiday.
Sun Mon Tue Wed Thu
Holiday
Fri Sat
Regular hours 8 8 8 8
Holiday hours 8
O T h o u r s 5
Illustration 2 – Alternate 9/80 work schedule
Work schedule: 9/80, Black Friday
Holiday: Friday
In this example, employee works 5 hours on a holiday. Employee will receive a total of 5 hours overtime in addition to 8 hours holiday, in 2 workweeks.
* Hours may split into the next workweek per split time on timecard.
Week 1 Sun Mon Tue Wed Thu
Holiday
& Black
Fri Sat
Regular hours 9 9 9 9
Holiday hours 8 *
OT hours 5 *
Week 2 Sun Mon Tue Wed Thu Fri Sat
Regular hours 9 9 9 9 8
Holiday hours
OT hours
Illustration 3 – Alternate 4/10 work schedule
Attachment 1
Work schedule: Tuesday to Friday, 10 hours per day
Holiday: Friday
In this example, employee works 5 hours on a holiday. Employee will receive 5 hours overtime in addition to 8 hours holiday. Employee is also required to use 2 hours paid leave on the holiday in order to maintain his/her their regularly scheduled wo rk hours for that day.
* Note: In lieu of using 2 hours paid leave on the holiday, employee may, with approval from manager, works additional 2 regular hours in the same workweek. See details in Example C, Option 1.
Sun Mon Tue Wed Thu
Holiday
Fri Sat
Regular hours 10 10 10
Paid leave hours 2 *
Holiday hours 8
O T h o u r s 5
Attachment 1
Example C Holiday leave is taken in full day (8 hour) increments. A maximum of 8 hours of holiday leave shall be recorded for any single work day. (Article
18.2)
Holiday falls on a regular workday of an alternate work schedule. (Article
18.2(b)) – See MOU article details below.
MOU article details:
When a holiday falls on a day when an em ployee working an alternate schedule would normally work more than eight hours a day, that employee shall have the option, subject to approval of the employee’s supervisor, of making up the difference between the eight- hour holiday and his or her their normal workday by working the additional time during the same workweek during which the holiday fa lls. A supervisor’s denial of this option must be based upon operational need. Employ ees who do not take this option will be required to use accrued/banked paid leave to make up for the additional time-off on the holiday. (Article 18.2)
Option 1 – Employee makes up the difference by working additional time
This option requires pre-planning and pre-approval by supervisor.
Work schedule: 9/80, Black Friday
Holiday: Monday
In this example, employee works an additional 1 hour on Tuesday to make up for the 1 hour difference on the Monday holiday. The differ ence is between the 8 hours holiday and the regularly scheduled work hours for that day.
Sun
Holiday
Mon Tue Wed Thu
Black
Fri Sat
Regular hours 10 9 9
Paid leave hours
Holiday hours 8
Option 2 – Employee makes up the difference by using other paid leave hours
Work schedule: 9/80, Black Friday
Holiday: Monday
In this example, employee is required to use 1 hour paid leave on the holiday in order to maintain his/her their regularly scheduled work hours for that day.
Sun Holiday Tue Wed Thu Black Sat
Attachment 1
Mon Fri
Regular hours 9 9 9
Paid leave hours 1
Holiday hours 8
Attachment 1
Example D Holiday falls on a non-scheduled wo rkday. (Article 18.2(b)) – See MOU article details below.
MOU article details:
In the event that a City-observed holiday fa lls on an employee’s non-scheduled workday, the holiday hours that the employee would otherwise receive will be automatically credited to that employee’s floating holiday leave bank, unless the employee takes another day off that workweek subject to supervisor approval or receives holiday pay. (Article
18.2(b))
Any paid City holidays, which occur on empl oyee’s non-scheduled workday, shall not be counted as hours worked for determination of overtime for that workweek. (Article
18.2(b))
Option 1 – Exchange the holiday to another work day within the same workweek
This option requires pre-planning and pre-approval by supervisor.
Work schedule: 9/80, Black Friday
Holiday: Friday
In this example, employee exchanges the holi day to Thursday and employee is required to use 1 hour paid leave on the holiday in order to maintain his/her their regularly scheduled work hours for the day.
Week 1 Sun Mon Tue Wed Thu Fri Sat
Regular hours 9 9 9 9 8
Paid leave hours
Holiday hours
Week 2 Sun Mon Tue Wed Thu
Holiday
& Black
Fri Sat
Regular hours 9 9 9
Paid leave hours 1
Holiday hours 8
OT hours 2 *
* On Wednesday of week 2, employee works 2 hours in addition to the regular 9-hour schedule. Despite the MOU language stating that paid City holidays, which occur on employee’s non-scheduled workday, shall not be counted as hours worked for determination of overtime for that workweek. Employee will receive 2 hours overtime in this situation because the holiday is exchanged to a regularly scheduled workday.
Attachment 1
Option 2 – Receive additional 8 hours pay for the holiday
This option shall not generate overtime.
Work schedule: Tuesday to Saturday, 8 hours per day
Holiday: Monday
In this example, employee receives the holiday as additional pay, which total to 48 regular hours in the workweek without generating overtime.
Sun
Holiday
Mon Tue Wed Thu Fri Sat
Regular hours 8 8 8 8 8
Paid leave hours
Holiday hours 8
* Note: If paid holidays (as above) which are not worked were counted for the calculation of overtime, then the employee who works the ho liday (as in Example B) and the employee who did not work the holiday because it o ccurred on a non-scheduled work day would receive the same pay. This is an inequity in pay which was never intended.
Option 3 – Take the holiday leave as floating holiday credit
Work schedule: Tuesday to Saturday, 8 hours per day
Holiday: Monday
In this example, employee will not record holi day used and will receive a credit of 8 hours floating holiday automatically within two pay periods after the City observed holiday.
Sun
Holiday
Mon Tue Wed Thu Fri Sat
Regular hours 8 8 8 8 8
Holiday hours
Attachment 1
Example E Holiday falls on a non-scheduled work day with the entire workweek off. (Article 18.2(b)) – See MOU article details below.
MOU article details:
When an employee takes an entire workweek off for any reason and the holiday occurs on the employee’s non-scheduled workday, it sha ll not generate any overtime pay or more than 40 regular hours of pay for the workwe ek under any circumstances. Employee is required to record 8 hours of holiday leave on the time card for each of the holidays occurring within that workweek, and reduce the corresponding number of hours from other paid leave. (Article 18.2(b))
Illustration 1 – Shift work schedule
Work schedule: Tuesday to Saturday, 8 hours per day
Holiday: Monday
In this example, employee takes the entire workweek off with paid leave. The holiday falls on Monday, a non-scheduled workday. Employee is required to exchange the holiday to one of the paid leave days from Tuesday to Saturday.
Sun
Holiday
Mon Tue Wed Thu Fri Sat
Regular hours
Paid leave hours 8 8 8 8
Holiday hours 8
Illustration 2 – Alternate 9/80 work schedule
Work schedule: 9/80, Black Friday
Holiday: Friday
In this example, employee takes the entire workweek off with paid leave. The holiday falls on black Friday, non-scheduled workday. Employ ee is required to exchange the holiday to one of the paid leave days from Monday to Thursday, and use 1 hour paid leave on the holiday in order to maintain his/her their regularly scheduled work hours for that day.
Sun Mon Tue Wed Thu
Holiday
& Black
Fri Sat
R e g u l a r h o u r s
Paid leave hours 9 9 9 1
Holiday hours 8
Attachment 1
Exhibit C ‐ Classifications Eligible for Flextime
Job Code Classification
1000 Accountant
1250 Administrative Analyst
1400 Civil Engineer
2300 Community Services Coordinator 2
2460 Deputy City Clerk
2480 Emergency Medical Services Coordinator
1160 Employment Training Program Coordinator
1351 Environmental Chemist 2
1840 Environmental Engineering Coordinator
6840 Finance Analyst 2
4490 Fleet Services Coordinator
4420 Hazardous Materials Coordinator
2925 Housing Programs Analyst
1600 Librarian
4825 Network Engineer
4080 Permit Center Coordinator
1020 Principal Accountant
2050 Principal Buyer
2204 Principal Network & Systems Engineer
2202 Principal Applications Programmer Analyst/Project Manager 1255 Program Coordinator
1130 Public Safety Records Coordinator
2300 Recreation Services Coordinator 2
1010 Senior Accountant
2201 Senior Applications Analyst/Project Manager
1140 Senior Buyer
1300 Senior Environmental Chemist
1349 Senior Environmenta l Compliance Inspector
4825 Senior Network & Systems Engineer
4090 Senior Plan Check Engineer
1260 Senior Planner
2201 Senior Programmer Analyst
1860 Senior Traffic Engineer
1865 Senior Transportation Engineer
1875 Senior Transportation Planner
1345 Solid Waste Contract Administrator
1950 Traffic Engineer
1955 Transportation Engineer
2540 Web and & Communications Specialist
Attachment 1
Exhibit D ‐ Classifications Eligible for Safety Footwear Allowance
Pursuant to the provisions of the current MOU, employees in the following classifications are eligible to receive an annual safety footwear allowance:
Job Code Classification
2170 Animal Control Officer
1205 Automotive Shop Attendant
4001/4000 Building Inspector 1/2
2150 Community Services Officer
5753 Cross Connection Control Specialist
4900/1351 Environmental Chemist 1/2
1350 Environmental Compliance Inspector
1840 Environmental Engineering Coordinator
5050 Equipment Mechanic
7100 Equipment Mechanic-in-Training
5310/5315/5320 Facilities Technician 1/2/3
5300/5301 Facility Attendant 1/2
4460/4461 Fire Prevention Inspector 1/2
4481/4482 Fire Protection Engineer 1/2
4490 Fleet Services Coordinator
5025 Golf Course Equipment Mechanic
7300 Greenskeeper
7325 Groundsworker
4450 Hazardous Materials Inspector
5100 Heavy Equipment Operator
4400 Housing Rehabilitation Specialist
4950 Laboratory/Field Technician
4960 Landfill Technician
5150 Lead Equipment Mechanic
5250 Mail Clerk
5860/5850 Maintenance Worker 1/2
6150 Meter Reader
2349 Neighborhood Preservation Specialist
5350 Parks Leader
7320 Parks Supervisor
7600/7650/7675 Parks Worker 1/2/3
2115 Permit Technician
4875 Plan Check Engineer
4855/4805 Plan Checker 1/2
7500 Press Operator
5730 Principal Design and Construction Operator
6701 Principal Storekeeper
1885 Principal Transportation Engineer/Planner
7400 Public Safety Maintenance Worker
Attachment 1
6351/6350 Public Safety Property Clerk 1/2
4650 Public Works Construction Inspector
5510 Public Works Crew Leader
5640 Public Works Supervisor
4700 Senior Building Inspector
5651 Senior Building Services Leader
1850 Senior Construction Inspector/Coordinator
1300 Senior Environmental Chemist
1349 Senior Environmental Compliance Inspector
7301 Senior Greenskeeper
4325 Senior Housing Rehabilitation Specialist
5710 Senior Maintenance Worker
2345 Senior Neighborhood Preservation Specialist
5600 Senior Park Utility Worker
1860 Senior Traffic Engineer
1865 Senior Transportation Engineer
5930 Senior Wastewater Collections Worker
5820 Senior Water Distribution Worker
5751 Senior Water Pollution Control Operator
5425 Senior WPC Plant Mechanic
1345 Solid Waste Contract Administrator
4800 Solid Waste Specialist
6700/6600 Storekeeper 1/2
6710 Storekeeper/Buyer
5200 Street Lighting Technician
1950 Traffic Engineer
4200/4201 Traffic Engineering Technician 1/2
1955 Transportation Engineer
7800 Utility Worker
5920 Wastewater Collections Crew Leader
5910 Wastewater Collections Supervisor
5430 Water Conservation Coordinator
5810 Water Distribution Crew Leader
5800 Water Distribution Supervisor
5830 Water Distribution Worker
5901/5900 Water Pollution Control Operator 1/2
7900 Water Pollution Control Operator-in-Training
5435 Water Pollution Control Plant Systems Integrator
4100 Water Systems Operator
5400 WPC Plant Mechanic
Pursuant to the provisions of the current MOU, employees in the following assignments are eligible to receive an annual safety footwear allowance:
Attachment 1
Job Code Classification Department Assignment
1100 Administrative Aide Environmental
Services Department
Field Services
1250 Administrative
Analyst
Environmental
Services Department
Public Works
Solid Waste
Labor Compliance
2300 Community Services
Coordinator 2
Library & Community
Services
Theater
1500/1410 Engineering Assistant
1/2
Public Works Survey Crew
6200 Office Assistant Environmental
Services Department
Water Operations
2300 Recreation Services
Coordinator 2
Library & Recreation
Services
Theater
2145 Senior Community
Services Officer
Public Safety Animal Control
6500 Senior Office Assistant Environmental
Services Department
WPC Plant
Maintenance
Attachment 1
Exhibit E ‐ Water Pollution Control Plant Instrumentation and Maintenance Mechanics Tool Inventory Agreement
It is agreed that each employee in the classifications of WPC Plant Mechanic and Senior WPC Plant Mechanic will be responsible for maintaining the following minimum tool inventory.
1. One standard set 1/4” drive sockets (mechani c choice of 6 or 12 point); sizes 3/16” to 9/16”
2. One standard set 3/8” drive sockets (mechanic choice of 6 or 12 point); sizes 3/8” to 3/4”
3. One 1/4" drive ratchet
4. One 3/8” drive ratchet
5. One 3/8” drive x 6” long extension
6. One 3/8” drive x 8” long extension
7. One standard set 1/2" drive sockets (mechanic choice of 6 or 12 point); sizes 3/8” to 1”, standard depth
8. One 1/2" drive ratchet
9. One 1/2" drive x 6” extension
10. One 1/2" drive x 8” extension
11. One 1/2" drive x 12” extension
12. One pair 4” curved jaw vise grips
13. One pair 10” curved jaw vise grips
14. One pair adjustable lock, 5 jaw positions, 9-1/4” long
15. One pair adjustable lock, 7 jaw positions, 13-1/2” long
16. One pair combination slip joint pliers, 7-1/2” long
17. One pair needlenose pliers, 7-1/8” long
Attachment 1
18. One pair diagonal cutters
19. One adjustable wrench 6”
20. One adjustable wrench 10”
21. One adjustable wrench 12”
22. One pipe wrench 8”
23. One pipe wrench 10”
24. One standard set of nut drivers; sizes 5/6” to 1/2"
25. One standard 4 piece set of slotted tip screwdrivers, wood or plastic handles
26. One standard 4 piece set of phillips screwdrivers, wood or plastic handles
27. Deluxe hacksaw designed for 10” or 12” blades
28. One standard set of allen wrenches (mecha nic choice long or short length), sizes 5/64” to 3/8”
29. One 25” metal retracting tape rule
30. One standard set of punches (mechanic choice on length)
31. One standard set of flat chisels
32. One standard set of combination wrenches (mechanic choice 6 or 12 point sizes 1/4" to 1”)
33. Tool Chest
For the City employees current ly employed and hired in th e Plant Maintenance Mechanic and Senior Plant Maintenance Mechanic classi fications assigned to the Water Pollution Control Plant, from the date this agreement is signed, th e City will purchase the complete Craftsman tool sets and two-drawer tool chests as indicated on the minimum tool requirement list above. It will be the responsibility of the Senior Mechanic to distribute the tool sets and tool chests which will provide each employee in these classifications a complete set of the minimum toll inventory indicated above.
Attachment 1
It is further agreed as follows:
Each employee in the classifications of WPC Plant Mechanic and Senior WPC Plant Mechanic will be responsible for storing and maintaining the tools in a secure, clean, and safe condition. The City will provide a locked location for the Mechanics’ boxes.
Any special tools required by the City will be provided by the City.
City management at the Water Pollution Control Plant will develop and provide each employee in the classifications of WPC Plant Mechanic and Senior WPC Plant Mechanic a standard operating procedure regarding tools lost or broken on the job in the performance of their regular duties.
City management at the Water Pollution Control Plant will prepare a written inventory of the tools provided, and each of the employees in the classification of WPC Plant Mechanic and Senior WPC Plant Mechanic shall be provided a copy. Once provided the tools, each Mechanic will be re quired to sign and return a copy of the inventory to the Senior Plant Maintenance Mechanic. The Maintenance Supervisor at the Water Pollution Control Pl ant will maintain a written record of the inventory of each Mechanic.
City management at the Water Pollution Co ntrol Plant shall inspect the Senior WPC Plant Mechanic’s tool inventory and shall inspect or request the Senior WPC Plant Mechanic to inspect each Mechanic’s tool inventory at least once a year. The inspection shall include verification of a complete tool inventory and a statement evaluating each Mechanic’s maintenance of the tools in a secure, clean, and safe condition. A report on the semi-annual inspection, dated and signed by the inspector and the Mechanics, shall be maintained in the office of the Wa ter Pollution Control Maintenance Supervisor. Each employee will be provided a copy of the inspector’s report for their records.
The City will retain ownership of all tools and tool chests purchased by the City. They cannot be taken off City premises, and upon separation from City service or promotion or transfer to any other position within the City, a fu ll inventory of tools must be returned or full replacement costs of any missing tool(s) will be charged.
Any mechanic using personal tools or equipment at work after the date the tools are provided by the City will do so at their own risk and responsibility.
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I z e t t a E . B i r c h A r m a n d o A t e n c i o Director of Human Reso urces President of SEA
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Helen Farnham Greg Burton
Environmental Operations Manager WPC Operator
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Gary Csordas Wayne Granger
WPC Maintenance Supervisor Plant Maintenance Mechanic
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Marvin A. Rose Barry Phillips
Director of Public Works Sr. Plant Maintenance Mechanic
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H o w a r d H a m e n t
P l a n t M a i n t e n a n c e M e c h a n i c
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W a l t e r K o e h n
P l a n t M a i n t e n a n c e M e c h a n i c
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R o n a l d P a u l
P l a n t M a i n t e n a n c e M e c h a n i c
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J a m e s S h r o v e
P l a n t M a i n t e n a n c e M e c h a n i c
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R u d y W i n k l e m a n
P l a n t M a i n t e n a n c e M e c h a n i c
cai/sea/wpcppolicy1
11/1/91
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