SR-9-A (97)
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PE: resselu. bancroft. pms
Council Meeting: April 12. 1994 Santa Monica, California
TO: Mayor and City CounCil
FROM: CIty Staff
SUBJECT: ResolutIon Authorizing the City Manager to Execute Amendment to the
Memorandum of Understanding with Local 347, Service Employees
International Union, AFL-CIO
INTRODUCTION
This report requests that Council adopt the attached Resolution authOriZing the City
Manager to execute a Memorandum of Understanding (MOU) With Local 347, Service
Employees International Union,' AFL-CIO.
BACKGROUND
The current Memorandum of Understanding (MOUl With Local 34 7, Service Employees
International Union, AFL-CIO (SEIU) expired on June 30, 1993. As per the terms and
conditions of the expired MOU, negotiations with SEIU to replace the expired MOU
commenced on June 24, 1993, and resulted In the attached MOU. Th,s new
agreement was ratifIed by the membership of SEIU on March 23, 1994.
This agreement does not provide for a cost of living increase for FY93-94; Increases
the amount that the City contributes towards the cost of medical insurance, but also
places a "cap. on the City's contributIon towards the cost of medical Insurance
. ~....,
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coveragEPfor employees and dependents; and makes some other minor non-economIc
changes.
BUDGET/FINANCIAL IMPACT
Funds are already included in the budget for FY93-94 to cover any costs associated
with this agreement.
RECQMMENDA TION
It is recommended that Council adopt the attached ResolutIon authorizing the City
Manager to execute the attached MOU with Local 347, Service Employees
International Union, AFL-CIO.
Prepared By: Karen Bancroft
(KB "ressllIu")
"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, LOCAL 347
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER PAGE #
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum.................... .......4
1.02 Purpose......................................... 4
1.03 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
1.04 C~ty Counc~l Approval...........................5
1.05 Recognized.Employee Organizar~on Name...... .....5
1. 06 Scope of Representat~on............. . . . . . . . . . . . .5
1.07 Full Understanding, Modification and Waiver.....6
1.08 Management Rights Reserved. ..... ........... .....6
1.09 Peaceful Performance of City Serv~ces. ..........7
1.10 Validity of Memorandum of Understanding.. .......7
1.11 Captions for Conven~ence......... . . . . . . . . . . . . . . .8
1.12 Equal Employment & Non-Discr~mination...........8
1.13 Defin~t~ons..................................... 9
1.14 Overpayment Remedy..... . . . . . . . . . . ... . .. . . . . . . .11
1.15 Payments at Term~nation........... . . . . . . . . . . . . .12
ARTICLE II: COMPENSATION
2.01 Effect~ve Date of Pay Increase................ ..13
2.02 Salaries....................... . . . . .. .. . . . . .. . .13
2.03 Overtime........................................ 14
2.04 Shift Differential Pay.................. ..... . .15
2.05 Call Back Pay............ . . . . . . . . . . . . . . . . . . . . . . .16
2.06 Report Pay......................................l 7
2.07 Stand-By Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
2.08 Bonuses........................................ .17
2.09 Pay For Serving In A Higher Job Class...... .....18
2 . 10 Promotional Pay Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2.11 Off-Duty Court Appearances......................19
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01 Health Insurance Programs................... ....20
3.02 Retirement...................................... 21
3.03 Tuition Reimbursement............. ..............22
3.04 Deferred CompensatJ.on.......................... .23
3.05 Uniform Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
3.06 Tool Allowance............ . . . . . . . . . . . . . . . . . . . . . .23
3.07 Mileage Reimbursement and Energy Conservation...24
3.08 State Disability Insurance........... ... ........24
3.09 sick Leave Buy Back....................... ......24
ARTICLE IV: LEAVES
4.01 Paid Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
4 . 02 Vacation Leave.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
4.03 sick Leave... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
4.04 Leave of Absence Without Pay....................32
4.05 Military Leave....... . . . . . . . . . . . . . . . . . . . . . . . . . . .32
4.06 Workers' Compensation Leave.. ...................32
4.07 Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
4.08 Parental Leave.................................. 33
4.09 Personal Leave.................................. 34
4.10 Bereavement Leave........... . . . . . . . . . . . . . . . . . . . .35
4.11 FamJ.ly Leav:e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
ARTICLE V: WORKING CONDITIONS
5.01 Safety and Loss PreventJ.on......................36
5.02 Effect of Job Performance on Salary.............36
5.03 Layoffs......................................... 37
5.04 Work By Supervisors.. . . . . . . . . . . . . . . . . . . . . . . . . . . .37
5.05 Wash-Up PerJ.od.................................. 38
5 . 06 Subcontract ing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5.07 Employee ParkJ.ng.............. . . . . . . . . . . . . . . . . . .38
5 08 Work Schedule..................... . . . . . . . . . . . . . .39
5.09 Personnel Files................................. 40
5.10 Promotions...................................... 41
5.11 Probationary Period.. . . . . . . . . . . . . . . . . . . . . . . . . . . .41
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll DeductJ.ons.................... . . . . . . . . . .43
6.02 Reasonable Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
6.03 Union Security.................................. 43
6.04 Union Visitation & Shop Stewards Rights.... .....44
6.05 Organization Business Affairs........ ...........46
6.06 Bulletin Board Literature Distribution........ ..46
6.07 Grievance and Complaint Policy..... ...:.... .....46
6.08 Annual Meetings....... . . . . . . . . . . . . . . . . . . . . . . . . . .48
6.09 JOJ.nt Labor-Management Committee.. ......... .....49
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EXHIBIT A - REPRESENTED CLASSIFICATIONS
EXHIBIT B - AGENCY SHOP
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ARTICLE I. GENERAL PROVISIONS
1.01 Parties to Memorandum
This Memorandum of Understanding (MOU) has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
City of Santa Monica, which Ordinance is hereby
incorporated by reference as if fully set forth herein,
and has been executed by the City Manager on behalf of
management officials of the City and by the Service
Employees International Union, AFL-CIO, Local
347, (hereinafter "SEIU") , on behalf of permanent
employees occupying the line-item Job classifications
set forth in Exhiblt A which lS attached hereto and made
a part hereof.
From time to time, classlfications may be included or
excluded under the terms of this MOD, provided that the
Dnlon and the. -City find those classifications to be
appropriately within the unit composition standards of
thls unit or of another unit and that the Municipal
Employee Relations Officer finds that their lncluslon or
exclusion lS not inappropriate under the terms of
Ordinance No. 801 (CCS). Such additlons or deletions
shall be agreed upon in writing and will become
effectlve upon execution by representatives of the Union
and the Municipal Employee Relations Officer. No
classiflcations currently represented by SEID shall be
excluded from the unit during the term of this MOD
except by mutual agreement.
1.02. Purpose
The parties agree that the purpose of this MOU lS: to
promote and provlde harmonious relations, cooperation
and understandlng between the City and the employees
covered hereln; to provide an orderly and equitable
means of resolving differences which may arise under
this memorandum, and to set forth the full agreements of
the parties reached as a result of.. meeting and
conferring in good falth regarding matters within the
scope of representatlon for employees represented by
SEID.
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1.03. Term of Agreement
This Agreement shall be effective as of the 1st day of
July, 1993. and shall remain in full force and effect
unt~l the 30th day of June, 1994. It shall be
automatically renewed from year to year thereafter,
unless either party shall notify the other in writ~ng
not later than January 15 of each year that it desires
to terminate or modify this Agreement, and specif~cally
indicates requested mod~fications. In the event that
such notice is given, negotiations shall begin no later
than March 1 with a signed contract desired by July 1.
1 04 Citv Council Approval
This MOU is of no force or effect whatsoever unless or
until ratified and approved by resolution duly adopted
by the City Council of the City of Santa Monica.
1.05 Recoanized Employee Organization Name
SEIU is hereby. acknowledged as the Recogn~zed Employee
Organization represent~ng only the permanent, line-item
job class~fications set forth in Exhib~t A (which is
attached hereto and made a part hereof) pursuant to
Section 3.04 (c) of Ordinance No. 801 (CCS). It ~s the
mutual understanding of the parties hereto that
acknowledgment of SEIU, as the recognized employee
organ~zation:
A. Does not preclude employees in such job
classif~cations from representing themselves
individually ~n their employment relations with
the City.
B. Does not preclude or restrict the right of
management off~c~als to meet and consult with
employees in such job classifications concerning
the~r employment relations with the City.
1.06. Scope of Representation
The scope of representation of the recognized employee
organization shall include all matters '_ relating to
employment conditions and employer-employee relations
including, but not limited to, wages, hours, and other
terms and cond~t~ons of employment, except, however,
that the scope of representat~on shall not ~nclude
consideration of the merits, necessity, or organization
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of any service or activity provided by law or executive
order and that the scope of representation shall be
exercised or performed in compliance with the provisions
of Ordinance No. 801 (CCS).
1.07. Full Understandina. Modification and Waiver
The partJ.es agree that each has had full and
unrestricted right and opportunity to make. advance, and
discuss proposals regarding all matters properly with
the scope of representation as outlined in SectJ.on 2.05
of Ordinance No. 801 (CCS). This MOU constitutes the
full and complete agreement of the parties and there are
no others, oral or written. except as specified in this
Agreement. Provisions or conditions not specifically
changed in this MOU shall be as prescribed by the civil
service provisions of the Santa Monica City Charter and
the Santa Monica MunJ.cipal Code. Each party, for the
term of this MOU, specifically waives the right to
demand or petition for changes herein, whether or not
the subjects were known to the partJ.es at the time of
execution hereof as proper subjects within the scope of
representation as outlined in Section 2.05 of Ordinance
No. 801 (CCS).
1.08. Management Riahts Reserved
The City retaJ.ns all rJ.ghts not specifically delegated
by thJ.s Agreement, J.ncludJ.ng, but not limited to, the
exclusive rJ.ght to:
A. Direct, supervise, hire, promote, suspend,
discipline, discharge, transfer, assign, schedule,
and retain employees.
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive.
C. Determine the services to be rendered, operatJ.ons
to be performed, utJ.lizatJ.on of technology, and
overall budgetary matters.
D. Determine the appropriate job classifications and
personnel by whJ.ch government operations are to be
conducted.
E. DetermJ.ne the overall mission of the unit of
government.
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F. MaIntain and improve the efficiency and
effectiveness of government operations.
G. Take any necessary act~ons to carry out the
mission of an agency ~n situations of emergency.
H. Take whatever other actions may be necessary to
carry out the w~shes of the public not otherwise
specified above or by collective agreement.
1. 09. Peaceful Performance of City Service
It is mutually understood and agreed that part~c~pat~on
by any employee in a strike or a concerted work stoppage
terminates the employment relationship in the absence of
specif~c written waiver of such termination by an
authorized management official.
A. It is further understood and agreed that none of
the parties hereto will part~cipate in or
encourage, assist or condone any strike, concerted
work stoppage, cessation of work, slow-down, s~t-
down, stay-away, ~llegal picketing or any other
~llegal form of interference with or limitation of
the peac~ful performance of City serv~ces.
B. In the event that there occurs any strike,
concerted work stoppage, cessation of work, slow-
down, sit-down, stay-away, ~llegal picketing or
any other ~llegal form of ~nterference with or
l~mitation of the peaceful performance of C~ty
serv~ces, the C~ty, in add~tion to any other
lawful remedies or disciplinary actions, may by
action of the City Manager cancel any or all
payroll deduct~ons, prohib~t the use of bulletin
boards, prohibit the use of City facilities, and
prohibit access to former work or duty stations
upon 24 hours not~ce.
1.10. Val~dity of MOU
If any provision of this MOU ~s determined to be invalid
or illegal by a court of competent jurisdiction, then
such provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately ,commence to
negot~ate for the purpose of replacing any such invalid
or ~llegal provision.
Should any change be made in any Federal or State law,
or in any rules and regulat~ons ~mplement~ng such
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legislation, or in any City Charter provision or Santa
Monica Municipal Code provision which would be
applicable and contrary to any provision herein
conta~ned, then such provision of this MOU shall be
automatically terminated, but the remainder of this MOU
shall remain in full force and effect. Such legislation
and/or rules and regulations shall supersede this MOU
and applicable clauses shall be subst~tuted for those
ruled invalid or illegal. The part~es hereto shall
immediately commence to negotiate for the purpose of
replacing any such invalid or illegal provision.
1.11. Captions for Convenience
The captions herein are for conven~ence only and are not
a part of the MOU and do not in any way limit, define,
or amplify the terms and provisions hereof.
1.12. Equal Employment and Non-Discrimination
It is agreed by both parties to this MOU that they will
fully comply with all applicable local, State and
Federal laws, _ ~ules and regulations governing equal
employment opportunity. The Aff~rmative Action Program
and the Sexual Harassment Pol~cy of the City of Santa
Mon~ca are affirmed by both parties to this MOU and
incorporated by reference here. Both parties also agree
to abide by the requirements of the Americans with
D~sabil~ties Act (ADA).
Every City employee is expected to respect the dignity
of every other City employee and to refrain from any
actions, including the use of slurs or jokes regarding
sex, age, race, national origin, religion, disability or
sexual preference/orientation which could be construed
as harassment. Verbal or physical harassment of fellow
employees are violat~ons of City policy. No employment
decis~on may be made based upon an employee's subm~ss~on
to or rej ection of such conduct. Any employee who
believes that he or she is the vict~m of such
harassment, whether sexual, rac~al, ethnic or religious,
may file a complaint. The employee should attempt to
discuss the matter with his/her ~mmediate supervisor
and, ~f not satisfied, submit the grievance in writing
to his/her department head. The department head will
render a dec~sion, or will advise the" employee of
further procedures if the matter is outside the
department head's author~ty. If he/she ~s still
d~ssatisfied, the employee should submit the grievance
in wr~ting to the Director of Personnel who will
interview the parties concerned and subm~t a
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recommendation to the City Manager, whose decision shall
be final. Complaints of d~scrimination against an
appointed offic~al of the City, including the City
Manager, C~ty Attorney, or City Clerk, should be made ~n
wr~ting to the City Council.
Complaints of a sensitive nature, ~ncluding complaints
involv~ng sexual harassment, may bypass any step of the
standard grievance procedure which involves a superv~sor
or manager whose conduct is the subJect of the
complaint.
Neither the City nor SElU shall interfere with,
intimidate, restrain, coerce, or d~scr~minate against
City employees because of their exercise of their r~ghts
under Section 3502 of the Meyers-Milius-Brown Act.
1.13 . Def~nitions
The following definitions are to be applied in the
interpretation of this MOU:
A. "Salary Range" shall mean the normal five-step (A
through ~1 hourly or monthly pay scale (and the
bi-weekly equ~valent) assigned to each job
class~ficat~on within the City work force. Normal
progression through the salary range toward E-step
shall be in annual increments contingent upon
sat~sfactory performance.
B. "Salary Range Step A through D" for each job
class~f~cation with~n the City work force shall
mean and be established to bear the following
percentage relationship to Salary Range Step E
computed to the nearest dollar, with attainment
based upon the follow~ng amounts of serv~ce in the
position:
Step A - 81% of Step E..........During 1st Year of
Employment
Step B - 85% of Step E..........During 2nd Year of
Employment
Step C - 90% of Step E..........During 3rd Year of
Employment
Step D - 95% of Step E...... ....During 4th Year of
Employment
Step E..........................After 4th Year of
Employment
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C. "Nearest Dollar" shall mean the next lower dollar
in a monthly rate when the computed amount ~s 50
cents or less and the next higher dollar when the
computed amount is 51 cents or more.
D. "Line-item position" shall mean a position which
is (a) spec~fically itemized in the personnel
schedule of the annual budget of the City of Santa
Monica and (b) eligible to accumulate vacation,
sick leave and other time off in proportion to the
percentage of the full-t~me 40-hour work week.
Other fringe benefits shall be provided to part-
time employees covered hereunder as if they were
employed on a full-time basis.
E. "Permanent Employees" shall refer only to the
budgetary status of a position, differing from
"as-needed," and does not guarantee continued
employment to any employee.
"Permanent Employees" shall mean:
(1) A person who is legally incumbent of a line-
item position, full or part-time; or
(2) A .former legal incumbent of a l~ne-~tem
position on author~zed leave of absence from
a regularly budgeted position which position
~s be~ng held pending the employee's return.
F. "Date of Entrance Ann~versary" shall mean the date
which recurs annually after the date of entry into
a line-item pos~tion ~n the classified service of
the City of Santa Monica, either by original
employment, reemployment or promotion. The date
of entrance for employees with broken service
shall be considered as that date on which the last
unbroken service in the classification was
effect~ve.
G. "Satisfactory Service" shall mean the attainment
of an overall performance rating of not less than
"Sat~sfactory" on the performance report
associated with the employee's most recent date of
entrance anniversary.
H. The "Full-T~me Work Week" shall be defined as
forty (40) hours, within a seven (7) day period,
scheduled on consecutive days whenever operating
conditions of the department or City w~ll allow.
(1) Incumbents of l~ne-item posit~ons employed
in a work week less than that defined as the
full-t~me work week shall be compensated in
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that proportion of the compensation for
full-time employment as the number of hours
budgeted for that position bears to the
full-time work week; incumbents of line-item
positions employed in a work week greater
than that defined herein shall be
compensated for hours in excess of the full-
time work week on the basis of and in
accordance with the provisions of the
art1cle hereof relating to overt1me.
(2) Incumbents of line-item posit1ons regularly
working less than the full-time work week
shall accrue vacation, sick leave and other
time off in the same ratio as the average
number of hours they work per week is to the
full-time work week for the position
occupied. Other fringe benefits shall be
provided to part-time employees covered
hereunder as if they were employed on a
full-time basis.
I. "Pay" shall mean all compensat1on, including
payment for sick leave, vacation, ho11day, and
jury duty.
J. "Working: nay" as used in the section of this
Agreement pertaining to vacation accrual (Section
4.02) and s1ck leave accrual (Section 4.03) shall
mean eight (8) hours.
K. "Compressed Work Schedule" shall mean a work
schedule in which a full-time employee 1S assigned
to work a total of eighty (BO) regularly scheduled
hours 1n nine (9), or less, days in a given two-
week (i.e., two work week) period.
1.14. Overpayment Remedy
Permanent employees covered herein shall re1mburse the
Ci ty for any overpayment of wages or benefits. Said
reimbursement shall not be required until the C1ty
notif1es the affected employee in writing.
Reimbursement may be accomplished by a lump-sum
deduction made on the next subsequent employee payroll
warrant follow1ng overpayment notification, or by other
reasonable repayment method mutually acceptable to the
employee and the City, except that lump-sum deduction
shall be required if the next subsequent employee
payroll warrant 1S the f1nal or terminat10n warrant
1ssued to the affected employee.
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1.15. Payments at Termination
When permanent employees covered herein leave the
service of the City of Santa Monica they shall be
entitled to lump-sum payoff of unused accrued vacation
leave and unused accrued compensatory t1.me only. No
claim shall be made against the City for the use or
payment of unused s1.ck leave, nor shall the effective
date of termination be extended by the use of
compensatory time, S1.ck leave, vacation or other leave
days.
..
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ARTICLE II. COMPENSATION
2.01. Effective Date of Pay Increase
Notwithstanding any other provision contained here~n,
changes in salary rates and salary related benefit
changes shall become effective on the 1st day of the
payroll period closest to the effective date stated
here~n, or on the 1st day of the payroll per~od
following the effective date if that date is the Sunday
in the middle of a pay period.
2.02. Salaries
Salar~es of permanent employees covered herein shall be
on a monthly rate, paid on a bi-weekly equ~valent basis.
In lieu of the bi-weekly equivalent to a monthly rate,
the City Manager may f~x the compensation of any
posit~on at an hourly rate. In positions for which the
work week ~s forty (40) hours, the hourly equ~valent
shall be determined by d~v~ding the bi-weekly rate by
eighty (80) .
A. Effective July 1, 1993, the E-step salaries of
employees covered herein shall rema~n unchanged.
B. Effective July 1, 1993, for each of the following
Job classif~cations, the E-step salary shall be
that salary set forth below. For all other job
classifications covered herein, the E-step
salaries shall be the E-step salaries in effect as
of June 30, 1993.
Asphalt Crew Leader $3,534.00
Carpentry Crew Leader $3,552.00
Event Attendant III $3,295.00
Painting Crew Leader $3,483.00
Plumb~ng Crew Leader $3,696.00
C. A given classification covered by this MOU will be
el~gible to receive an equity adjustment provid~ng
that the compensation study conducted by the City
of Santa Monica substantiates the need for any
equity adjustment to bring the salary range of
that classification in line with the mean salary
pa~d to the same class~ficat~qn found in
comparable c~ties. The City will be willing to
receive and evaluate any salary comparison data
that SEIU m~ght want to make available regarding
an equity adjustment for a given classification.
Should a compensation study ~ndicate that a given
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job classif~cation is currently being paid above
the mean salary paid to the same classif~cation
found in comparable cities, the salary range of
that classification will remain unchanged. Equity
adJustments described herein will be considered on
an annual basis, either as a part of the annual
budget process if no MOU negotiations should be
occurring during the year in question or as a part
of the MOU negotiations process should the MOU be
up for negotiat~ons. Like any other salary
increase, equity adjustments will be subject to
the approval of the City Council.
2.03. Overtime
Overtime for employees who are regularly assigned to
five (5) day, e~ght (8) hours per day work week and for
permanent part-time employees who regularly work less
than e~ght (8) hours in one (1) day and forty (40) hours
in one (1) week shall mean work in excess of eight (8)
hours in one (1) day or forty (40) hours in one (1)
week, provided such hours of work have had the prior
approval of an authorized departmental management
offic~al. Overtime for employees regularly assigned to
a work day in excess of e~ght (8) hours shall mean work
in excess of the regularly scheduled number of hours in
one (1) day or ~n excess of forty (40) hours in one (1)
work week, provided such hours have had the prior
approval of an authorized departmental management
offic~al. Discretionary time not worked, including
vacat~on, sick leave and compensatory time off, shall
not be counted toward the forty (40) hours required
above. Non-discret~onary time not worked, including
holidays, jury duty and workers' compensation leave,
shall count toward the forty (40) hours required above,
with the exception being that ~f the employee works on a
recognized holiday, the actual number of hours worked,
but not the e~ght (8) hours of holiday time, shall count
towards the forty (40) hours for the purpose of
calculating overtime. All author~zed overtime shall be
compensated for by cash payment based upon one and one-
half (1-1/2) times the hourly rate equivalent of the
employee's monthly salary computed to the nearest one-
tenth of an hour, except that an authorized departmental
management official may grant compensatory time off at
the rate of one and one-half (1-1/2) hours off for such
overtime provided that such compensatory time off can be
granted w~th~n the current f~scal year. It. compensatory
time is accrued and not taken by June 30 of any fiscal
year, it w~ll be paid to the employee at the rate
earned.
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Operating units shall make reasonable efforts to
distribute overt~me work equitably among employees in
the applicable job classification. If an employee
believes he/she has been improperly denied overtime
assignments such a claim may be processed through the
gr~evance procedure.
In order to supplement eight (8) hours of paid leave
time for a regularly scheduled work day comprised of
more than eight (8) hours, the employee w~ll have the
option of working the additional time required, on a
stra~ght-time basis, during the applicable seven-day
work week, in order to receive a full day's pay for the
day in question. Paid leave time would include holiday
hours, vacation or sick leave.
2.04. Shift Different~al Pav
A night shift differential of $.45 per hour for all
hours worked on the shift shall be paid to any permanent
line-item employee whose regular schedule requires the
employee to work at least four (4) hours of his/her
regular schedule between the hours of 4:00 p.m. and
12: 00 m~dn~ght '. provided that:
A. Shift differential shall not be paid when
scheduled hours are compensated as overt~me.
B. The employee is not working between the hours of
4:00 p.m. and midnight as part of a split shift.
"Split shift" is defined as: a shift of eight (8)
or more non-continuous work hours in a single day,
separated by a break of at least three (3) non-
working hours dur~ng the shift. Such employee
shall be paid the night shJ.ft differential
established by this provision only for each hour
actually worked between the hours of 4:00 p.m. and
m~dn~ght.
Effective July 1, 1991, the night shift differential, as
prov~ded above, will increase to $.60 per hour.
Effective July 1, 1992, the n~ght shift differential, as
provided above, will increase to $.75 per hour.
Any permanent line-item employee whose regular schedule
requires the employee to work at least four (4) hours of
the sh~ft between m~dn~ght and 7:00 a.m. shall be paid a
graveyard shift differential of $.60 per hour for the
entire shift, except as provided J.n A and B above.
Effective July 1, 1991, the graveyard shift differential
will increase to $.75 per hour for the entire shift,
except as provided in A and B above. Effective July 1,
- 15 -
1992, the graveyard shift differential will increase to
$.90 per hour for the entire shift, except as provided
in A and B above.
Any employee whose sh~ft overlaps the above periods
shall receive only that differential which applies to
the majority of the shift worked. The applicable
differential shall be pa~d for the entire shift.
2.05. Call Back Pay
Should the City call back any full-time employees after
his/her normal working hours to perform work, the City
shall pay the employee his/her applicable hourly rate of
pay for all hours actually worked, but in no event shall
the employee receive less than a minimum of three (3)
hours pay regardless of time actually worked as a result
of being called back to perform services for the City.
Hours paid for but not worked as call back pay shall be
counted toward the computation of overtime.
If there ~s less than six (6) hours between the end of
the call back per~od and the beginning of the employee'S
regularly scheduled shift, the employee will receive
t~me and one-half (1-1/2) his/her base rate of pay for
all hours worked during the next regularly scheduled
shift. However, if it is determined by management to
pose a safety hazard to allow the employee to work
h~s/her regularly scheduled shift following the end of
the call back per~od, management reserves the right to
not allow the employee to work. If the employee should
not be allowed to work his/her regularly scheduled
shift, the employee will not be compensated for said
shift.
An employee will be considered to have been called back
to work and thereby eligible to receive call back pay as
provided by this Section of the MOU, if he/she 1S called
back to work after the end of his/her regularly
scheduled shift and ~f the report time for said call
back occurs more than two (2) hours prior to the
beginning of the employee's next regularly scheduled
shift. If the employee is called and asked to report at
a t~me that is two (2) hours or less prior to the
beginn~ng of his/her regularly scheduled sh1ft, ~t will
be considered to be an early report and not a call back,
and, as such, the provisions of this sec~ion would not
apply.
- 1.6 -
2.06. Report Pay
Any regularly scheduled full-time employee who reports
to work for his/her normal work schedule, but 1S
released due to 1nsuffic1ent work, shall rece1ve a
minimum of four (4) hours work or pay. In the event
that such employee works in excess of four (4) hours,
he/she shall receive e1ght (8) hours of work or pay,
providing such employee does not receive notice not to
report to work. This provision shall not be effective
for time not worked for disciplinary reasons or other
normal leaves of absence.
2.07. Stand-By Time
This section replaces the provisions of Resolution No.
6228 (CCS) In whole for employees covered by this MOU.
An employee required to serve on stand-by duty shall be
compensated at the rate of $1.75 per hour. Employees
who are required to use their personal vehicles for
stand-by response will be compensated at the City's
m1leage rate for m11es actually driven in response to a
stand-by call..., If the employee is called 1n to work,
he/she will be compensated for hours worked at the
appropriate regular or overt1me rate.
2.08- Bonuses
A. Laborers and Sewer Ma1ntenance Workers assigned to
the sewer crew for periods in excess of one month
shall receive a bonus of 5.4% above their regular
rate during the per10d of such assignment. This
section supersedes the provisions of Resolution
No. 3750B (CCS).
B. Sanitation Truck Drivers assigned to one-man
trucks shall rece1ve a $1.00 per hour bonus for
all hours worked in such assignment.
C. A superv1sory d1fferent1al of 2.7% shall be paid
to employees who are assigned to regularly
supervise other employees 1n the same job
classification.
D. Motor Coach Cleaners, when requ1red to make road
calls, will receive a bonus of .2 of an hour
straight time pay for each road call.
E. Assignments to and from the bonus s1tuat1ons
described above are not promotions or demot1ons as
described in the Municipal Code and are,
- 17 -
.
therefore, not subject to appeal to the Personnel
Board.
2.09. Pay for Serving in Higher Job Classification
When, in the determination of the department head, it is
necessary to assign duties and responsibilities of a
position classification higher than those normally
performed by an employee due to the temporary absence of
an employee in higher position classification, employees
so ass~gned shall be compensated as follows:
A. If the assignment is temporary due to the
vacation, s~ck leave or other temporary absence of
the employee in the h~gher classification, the
employee temporarily assigned shall be paid at the
rate of an additional seventy-five (75) cents per
hour for all such hours assigned after the
employee works a minimum of two (2) consecutive
work days in the higher classification assignment,
with payment retroactive to the first day. The
City shall not rotate employees in and out of the
higher position classificat~on assignments in
order to:avoid pay~ng said compensation.
B. If the position to be filled is vacant because
there is no properly classified employee
ava~lable, and there is no valid eligible list for
that posit~on classification, the department head
may temporarily assign an employee who meets the
minimum qualifications of the vacant position.
The employee shall receive the salary rate for the
vacant class~fication, at the lowest salary step
wh~ch provides an ~ncrease of at least 5% over
h~s/her current salary rate.
C. If an eligible list exists for the vacant
position, the department head shall attempt to
appoint an employee from the eligible list at the
earliest possible date, and the provisions of this
paragraph shall be appl~cable to the employee
assigned to cover the vacancy in any inter~m
period.
D. Nothing ~n th~s sect~on shall require the City to
make temporary assignments of employees.
E. Assignments to and from the situations described
in th~s sect~on are not promotions or demotions as
described in the Municipal Code and are,
therefore, not subject to appeal to the Personnel
Board.
- 18 -
2.10. Promotional Pay Rate
If a permanent employee covered herein is promoted and
h~s/her salary is equal to or greater than the entrance
salary of the promot~onal class~fication, the employee's
salary shall be increased to the next higher salary rate
wh~ch provides a m~nimum five (5) percent salary
increase, provided, however, that in no event shall the
salary rate exceed the maximum salary rate for the new
classification.
A reclassification of a permanent employee covered
herein to a higher level job classification will be
cons ~dered a promotion and the employee's salary shall
be increased to the higher salary rate in the new Job
classification which provides a minimum f~ve (5) percent
salary increase, provided, however, that in no event
shall the salary rate exceed the maximum salary rate for
the new job classification.
2.H. Off-Duty Court Aopearances
If an employee appears in state or federal court wh~le
off-duty in response to a subpoena or d~rective ~n
relation to a matter that arose during the course and
scope of employment, the employee shall receive a
m~n~mum overtime compensat~on of three (3) hours at the
rate of one and one-half (1-1/2) times the employee'S
base rate of pay. Indiv~dual employees shall not have
their work schedules changed to avoid the payment of
compensation under this section. This shall not prevent
the Department from changing the schedules of groups of
employees.
- 19 -
ARTICLE III. SUPPLEMENTAL BENEFITS
3.01. Health Insurance proqrams
A. Medical Insurance
Effective July 1, 1993, the City agrees to pay up
to a maximum of $475.00 per month towards the cost
of medical insurance coverage for employees and
eligible dependents provided that employees
covered herein participate in the City-offered
medical insurance programs. The cost of medical
insurance coverage will be set at the beginning of
the medical plan year and will be a "composite"
monthly ~nsurance premium derived by dividing the
total monthly insurance premium for all medical
plans offered by the City, except the PERS PORAC
medical plans or any other PERS medical plans, by
the total number of employees enrolled in said
medical plans as of the beginning of the medical
plan year. Any extra payment required under such
plans shall be pa~d by the employee electing such
coverage "
The City and SEIU agree that employees should
benefit from any premium savings which accrue from
the implementation of a new health insurance
program (Tr~ple Option Plan + Kaiser) in 1994.
The following procedure will be util~zed to
determine sav~ngs, ~f any, and, ~n the event of
sav~ngs, how said savings will be distributed:
1. The actual medical insurance premium costs
for 1993 for non-safety employees shall be
compared against the City's actual premium
costs for the new Tr~ple Option Plan +
Ka~ser for those same employees.
2. If there should be any prem~um savings
between 1993 and 1994, each employee's share
of the savings will be determined by
dividing the total amount of the savings by
the total number of City employees {non-
safety} part~cipating in the City's medical
insurance program. Each employee's share of
any sav~ngs will be paid to the employee by
no later than March 1, 1995. Prior to this
payment, the City will meet and confer with
SEIU and the other City barga~ning units to
determine the method by which said payment
- 20 -
will be made (e.g., lump sum, contribution
to deferred compensation plan, etc.).
In the event the medical insurance premiums for
the Triple Option Plan + Ka~ser for 1995, and any
subsequent calendar year, should be less than the
actual City medical ~nsurance premiums for 1993.
the savings will be handled in accordance with the
same procedure outlined above with the payment
being made to the employees by no later than March
1 of the following calendar year.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to the employees and their elig~ble
dependents prov~ded that employees covered here~n
partic~pate in the C~ty-offered dental insurance
programs.
C. Vision Insurance
The City agrees to provide vision care ~nsurance,
at no cost, to employees covered herein. The City
retains the right to select the provider and to
set the ,l:evels of coverage for said vis~on care
insurance plan. The City also retains the right
to change the provider of said vis~on insurance
plan and/or the level of benefits provided under
the plan without meeting and conferring.
3.02. Retirement
The City is a contract member of the Public Employees'
Retirement System (PERS), and it ~s understood and
agreed that such membership will be ma~ntained and that
employee el~gibil~ty, class~ficat~on, contr~butions, and
benefits are as prescribed in the contract between the
City and PERS heretofore approved by the Santa Monica
City Council.
The C~ty shall pay, ~n behalf of each employee covered
by this Agreement, an amount equal to 100% of the
~ndividual employee's share of the required ret~rement
contributions to PERS (i.e., 7% of the employee's
compensat~on as defined by law) .
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall
be changed or deemed to have been changed by reason of
such payments; as a result, the City will not treat
these payments as ordinary income and thus w~ll not
- 21 -
w~thhold Federal or State income and thus will not
w~thhold Federal or State income tax therefrom. The
City's practice will be to report these payments as
being those of the employees so that they will be
credited to the particular employee's ind~vidual account
with PERS and upon termination will belong to the
employee.
It is agreed that if State and/or Federal procedures
require reporting of these payments in any other manner,
the parties will ab~de by such requirements.
3.03 Tuition Reimbursement
It is agreed that the City will budget annually an
amount equal to $10 per permanent full-time employee in
the appropriate unit for tuition and required study
material re~mbursement for career ~mprovement study
approved by authorized management officials.
Reimbursement shall equal the total cost of tuition
(exclusive of lodging and meals) and the total cost of
required study materials, prov~ded however, that.
A. EnrollmeQ~_ in the career improvement study course
shall be- approved in advance by an authorized
management official;
B. The study course must be directed to qualification
for an employment posit~on represented in the City
work force, or to enhancement of current job
performance;
C. The employee must exhib~t some reasonable
expectation of qualifying for such position upon
successful completion of the study course;
D. Re~mbursement shall be made only in installments
upon successful completion of prescribed units of
study requ~red by study course approved;
E. In no event shall the City's reimbursement be
reduced when there is an outside source of a~d
except in those cases where the aid from the
outside source(s) plus the normal City
re~mbursement exceeds the cost of tuition and
study material for the approved study course;
F. If approved tuition reimbursement costs exceed the
budgeted amount as described above, the reimbursed
costs w~ll be prorated so as not to exceed the
budgeted amount; and
- 22 -
G. The maximum annual amount of reimbursement per
individual employee shall not exceed $500.00.
3.04 Deferred Compensation
It is hereby agreed that employees covered herein w~ll
be offered participation in the City's deferred
compensation plan.
3.05. Uniform Allowance
A. Each regular full-t~me or permanent and continu~ng
part-time employee covered by the provisions of
this MOU, except Animal Control Off~cers, if
required to wear a uniform and such uniform is not
furnished by the City, shall receive a monthly
uniform allowance of $25.00 and shall provide and
wear at all times while on duty the uniform
prescribed by their respective department heads.
B. The City. shall furnish and maintain coveralls to
those employees that are required to do work that
may cause damage to the~r personal clothing.
C. Except for those employees recei v~ng a uniform
allowance as provided in A and B above, the City
shall prov~de and maintain at least nine (9) sets
of any required uniform and employees shall be
requ~red to wear such un~forms at all times while
on duty.
D. If an employee is required by the City to wear
safety shoes, the City will provide not less than
one pair of safety shoes annually with said safety
shoes to be supplied by a City-designated vendor.
3.06 Tool Allowance
Employees occupying the line-item job classifications of
Mechanic, Welder Fabricator, Transportation Mechanic,
Mechan~c Assistant, Transportation Mechanic Assistant,
Mechanical Maintenance Pa~nter, Carpenter" Electrician
and Plumber may be reimbursed for tools required, as
determined by the C~ty, for work performed for the City
up to a max~mum $300.00 per calendar year.
Reimbursement will be made after the employee submits
necessary receipts to his/her superv~sor and the
- 23 -
superv~sor approves the reimbursement by requesting a
warrant for payment. If the City provides the employee
with all of the tools required to perform his/her job,
as determined by the City, the employee will not be
eligible to receive a tool allowance.
In the event that the personal tools and tool boxes of
the employees covered by this section which are requ~red
to perform their job duties are destroyed by earthquake
or fire at the job s~te, the City agrees to replace such
items. In order for this to occur, the employee
requesting such reimbursement must have on file in
his/her supervisor's office a current inventory of
h~s/her tools and tool box wh~ch are at the work s~te.
The employee ~s responsible to providing his/her
supervisor with an up-to-date inventory of his/her
personal tools and only those tools, on a tool for tool
and on a brand for brand basis, will be subj ect to
replacement by the City under the provisions of this
Section.
3.07. Mileaqe Reimbursement and Enerqy Conservation
Reimbursement to employees for authorized use of
personal automobiles on City business shall be at the
rate established by the City Council.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered hereunder who submits, on the City
m~leage reimbursement form, a record of his/her tr~ps
(home to worksite, or worksite to home) during the
preceding month. The Santa Monica Municipal Bus Line
route number and the bus number used for each trip must
be entered on the reimbursement form.
Any employee entitled to a City parking pass, who has
not been issued a City park~ng pass, or who voluntar~ly
turns in his/her park~ng pass, shall be eligible to
receive forty (40) tokens per month under the terms
described above.
3.08 State Disability Insurance
Employees covered herein are provided with State
Disability Insurance (SDI) , pursuant to Unemployment
Insurance Code Section 710.5, at the City's expense,
with no integration of s~ck leave.
3.09. S~ck Leave Buy Back
Employee covered here~n shall have the annual opt~on to
be pa~d for certa~n unused sick leave on the terms noted
below or to "bank" unused sick leave.
- 24 -
Payment shall be calculated on the bas~s of the
employee's base salary -- excluding any spec~al
assignment or bonus pay -- for the fiscal year dur~ng
which the sick leave was earned but not used. To
qualify, the employee must be on the payroll as of June
30 of that fiscal year. Further the employee must have
a sick leave "bank 'I of 12 days. (For the purposes of
this section, II bank " shall mean sick leave earned in
prior years and brought forward from the prior fiscal
year at the beginning of the fiscal year dur~ng which
payable sick leave is earned.)
Annual sick leave payoffs under this section for
employees with less than ten (10) years of service,
shall be made according to the following schedule:
Sick Leave Days Used Sick Leave Days Payable
In the Fiscal Year At Fiscal Year End
0 6
1 5
2 4
3 3
4 2
5. 1
6 or more 0
Annual sick leave payoffs under this section for
employees with ten (10) or more years of service shall
be made according to the following schedule:
Sick Leave Days Used S~ck Leave Days Payable
In the Fiscal Year At Fiscal Year End
0 12
1 11
2 10
3 9
4 8
5 7
6 6
7 5
8 4
9 3
10 2
11 1 ".
12 or more 0
It ~s mutually acknowledged by the parties that the use
of Code 40 or other time off not appropriately scheduled
in advance w~ll d~squalify an employee from elig~bility
- 25 -
for payment under this Section. There will be an
exception to this MOU provision for employees covered
hereunder who work a compressed work schedule.
Employees assigned to work a compressed work schedule
will be allowed to use Code 40 or other paid leave time,
including vacation leave, compensatory time, or personal
leave day hours, to supplement the eight (8) hours of
paid sick leave in order to receive a full day's pay for
a sick day. The use of Code 40 or other paid leave time
in this manner by an employee assigned to a compressed
work schedule will not disqualify the employee from
being eligible for sick leave buy back.
Sick leave for which payoff is received shall be
considered nusedll in that it will not be added to the
"bank" (or if added to the II bank " prior to the payoff
date shall be removed from the "bank") .
"
- 26 -
ARTICLE IV: LEAVES
4.01 Paid Holidays
Employees covered herein shall receive paid holidays as
hereinafter provided:
New Year's Day (January 1)
Martin Luther King's Birthday (Third Monday in
January )
Lincoln's Birthday (February 12)
Washington's Birthday (Third Monday in February)
Memor~al Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksg~ving Day (Fourth Thursday in November)
The Fr~day following Thanksgiving Day
The half-day immediately before Christmas Day
Chr~stmas Day (December 25)
The half-day immediately before New Year's Day
One (1) floating.;holiday
All other holidays declared by the City Council
A float~ng holiday becomes available at the beginning of
each fiscal year and must be taken before the end of that
fiscal year. A floating holiday not taken by the end of
the fiscal year shall be paid to the employee.
Employees in departments or divis~ons currently observing
different holiday schedules shall, in l~eu of the
holidays l~sted above, receive holidays enjoyed by other
operating employees in that particular department or
div~sion, provided however that the same number of
holidays (twelve) shall be observed.
Whenever any day l~sted herein as a paid holiday falls
upon the f~rst or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day follow~ng shall be deemed the holiday if it falls
on the second day off in lieu of the day listed.
Whenever any day listed herein as a paid holiday falls
upon the f~rst. second or third day off of, any employee
who has three (3) consecutive days off, the day preceding
shall be deemed the holiday if it falls on the first day
off, the day follow~ng the th~rd day off shall be deemed
the holiday if it falls on the second or third day off in
lieu of the day l~sted.
- 27 -
Whenever any day listed herein as paid holiday falls upon
any day off of an employee who does not have two (2)
consecutive days off, the following day shall be deemed
the holiday for such employee.
Time worked on an authorized paid holiday shall be
compensated for at one and one-half (1-1/2) times the
hourly rate equivalent of the monthly salary for the time
worked up to and including the number of hours the
employee normally works on any work or duty day. Such
time worked in excess of the hours of the employee's
normal work or duty day, except part-time permanent
employees, shall be compensated at one and one-half t~mes
the hourly rate equivalent of the monthly salary. Part-
time permanent employees shall be compensated for such
time worked in excess of eight (8) hours at one and one-
half (1-1/2) times the hourly rate equivalent of the
monthly salary.
Whenever any day listed herein as a paid holiday falls
upon any day other than Saturday or Sunday when a City
facility (including department, divis~on or work unit) ~s
already scheduled to be closed to the public because of
the adopt~on of a compressed work schedule, employees who
work at said City fac~lity will receive a floating
hol~day ~n lieu. ;of the day l~sted as the paid hol~day.
Th~s floating holiday cannot be accrued and carr~ed over
to the next fiscal year, and the floating hol~day cannot
be cashed out at the end of the fiscal year. This
floating holiday must be taken by the end of the fiscal
year ~n which ~t ~s granted to the employee or be
forfeited.
Employees of the Refuse and Transportation Maintenance
Div~sions will be scheduled off duty on recognized
hol~days l~sted above whenever operat~onal staffing needs
allow. As many employees as possible will be scheduled
off duty and volunteers and as-needed employees will be
used to the extent that they have the required skills,
but regular employees may be required to work on holidays
to meet the service needs of the public.
Employees of the Refuse Division who are required to work
on hol~days listed above shall be pa~d according to the
applicable overt~me provision or have the option of (1)
requesting an alternative 8-hour day off with~n the pay
period, or (2) banking the day for use or payoff before
the end of the fiscal year. The approval of a specific
alternatIve day off shall be at the discretion of the
divis~on superintendent.
If an employee ~s scheduled to work on a hol~day and
fails or refuses to appear for duty, or calls in s~ck and
cannot verify the illness with the appropriate med~cal
- 28 -
documentation, he/she will forfe~t any compensation for
the day, ~ncluding holiday pay, sick leave pay, or other
compensation.
The floating holiday is accrued by employees on pay
status on July 1 of each fiscal year. Employees who are
hired after July 1 will not be eligible to receive a
floating holiday until the next July 1. If the floating
holiday is not taken during the fiscal year in wh~ch ~t
~s accrued, it shall be paid off in July of the new
f~scal year at the rate in effect at the end of the prior
fiscal year. A floating holiday which is cashed out at
the end of the fiscal year shall be pa~d in an amount
equal to eight (8) hours of the employee's straight-time
base salary rate of pay.
4.02 Vacat~on Leave
Each employee occupying a regularly authorized line-item
position or a permanent and continuing part-time position
in any job classification covered herein shall accrue
vacation leave with pay on the following basis:
A Following cQmplet~on of the 1st s~x calendar months
of continuous service, 6 working days.
B. Thereafter, up to and including 5 completed years of
serv~ce, 1 working day for each completed calendar
month of service.
C. Upon completion of 5 years of service and up to 10
completed years of service, 1.25 working days for
each completed calendar month of service.
D. Upon completion of IO years of service and up to 15
completed years of service, 1.5 working days for
each completed calendar month of service.
E. Upon complet~on of 15 years of service and
thereafter, 1.75 working days for each completed
calendar month of service.
F. A completed calendar month for which benefits herein
shall accrue is def~ned as a calendar month in which
the employee has been ~n pay status for 11 or more
working days ~n that month.
G. Accrual of vacation leave shall not' exceed forty
(40) days.
H. Except as provided herein, the administration or
application of vacation leave provisions and the
- 29 -
--
---
- -----------------
examiners, and a final decision shall be made
by the Personnel Board based on three reports.
4.04 Leave of Absence Without pav
An employee may be granted a leave of absence without pay
upon application approved by the department head and the
City Manager. Such leave may not exceed one year's t~me.
Upon expiration of the leave, the employee shall be
reinstated to the position held before the leave was
granted. Such leave shall be granted only in those cases
where an employee's record of serv~ce and qualifications
make it desirable for the City to retain the employee's
services even at the cost of some inconvenience to the
City.
4.05 Militarv Leave
An employee with a permanent civil service status, who in
time of war or national emergency as proclaimed by the
Pres~dent of the United States or the Congress of the
Un~ted States, or while any national conscription act ~s
~n effect, is .inducted into the armed forces of the
United States or who leaves employment with the C~ty to
enter voluntarily the armed forces and within a
_reasonable time after leaving employment w~th the City
does enter such service, shall be granted a leave of
absence w~thout pay for the duration of the period of
active service with such armed forces. If such employee
receives an honorable discharge or its equivalent and the
posit~on still exists and the employee otherw~se is
qualif~ed to fill the same, the employee shall have the
right to return to the position with the City within 6
months after the termination of such active service but
shall not have a right to so return later than 6 months
after the end of the war or after the time the President
or Congress proclaims the national emergency is
terminated, or after the expiration of the natIonal
conscr~ption act. Such an employee shall receive
sen~ority and other credits on the same basis as though
the employee had rema~ned in the City serv~ce and had not
taken such mil~tary leave. Leaves of absence with pay
for temporary military duty shall be granted in
accordance with applicable State law.
4.06 Worker's Compensation Leave
A. An employee who is receiving d~sab~lity payments
under the Workers' Compensation Act of California
- 32 -
shall rece~ve the difference between the d~sabili ty
payments under the Workers' Compensation Act and
full salary during the first 60 days of such
disabil~ty absence; the first two (2) days of th~s
period of 60 days shall be without salary except
that payments shall be made in accordance with
requirements of the State of Cal~fornia Workers'
Compensation Act.
B. When an employee receives compensation under the
Workers' Compensation Act of California, such
compensation rece~ved shall be considered part of
the salary to be paid to the employee under the
provisions of this section.
4.07 Jurv Dutv
Any l~ne-~tem employee covered herein, when duly called
to serve on any jury and when unable to be excused
therefrom, shall receive the regular base compensat~on
less all jury fees received exclud~ng mileage for the
regularly scheduled work time requ~red to be spent in
court. Each employee receiving a notice to report for
jury serv~ce Shall immediately notify h~s/her ~mmediate
supervisor.
Whenever daily JUry duty schedul~ng permits, employees
shall return to the~r regular daily Job ass~gnment to
complete their regular daily work hours.
Proof of jury service may be requ~red before compensat~on
will be made under this section.
4.08 Parental Leave
Employees who demonstrate that they have primary
respons~bility for the care of a new child who requires
constant parental supervision, shall be entitled to a
leave of absence totaling four months immediately
following the child's birth or adopt~on and shall be
returned to the same job classif~cation occup~ed prior to
the leave upon its expiration. Paid vacation leave or
sick leave, if applicable, as well as unpaid leave shall
be counted toward the four month total. Paid SJ.ck leave
can be used only if the requirements of Section 4.03
(SJ.ck Leave) of this MOU or Section 2.04.570 (Sick Leave)
of the Santa Monica Municipal Code are met. Add~tional
leave may be requested under the provJ.sions of this MOU
governing leaves of absence without pay (Section 4.04).
- 33 -
Primary responsibility may be established by providJ.ng
documentatJ.on that the employee's spouse is medically
incapacitated; or that the spouse is gainfully employed
during the hours the employee is normally scheduled to
work and no schedule change for the employee or spouse is
possible; or by demonstrating other extraordinary
circumstances such as the adoption of a disabled child
who requires constant parental supervision.
Maternity leave is not the same as parental leave and
shall be administered in accordance with State and
Federal law.
4.09 Personal Leave
Two (2) days of leave each fiscal year may be used for
personal matters. This leave shall be charged against
accrued sick leave. This leave shall be granted in units
of not less than two (2) hours, and only if the accrued
sick leave is available. This leave shall not be
accruable from year to year if not used in any given
fiscal year, nor shall the employee be compensated for
unused personal leave days chargeable to sick leave at
the end of the fiscal year.
In addition, two (2) days of leave each fiscal year may
be used for personal matters, with said leave not to be
charged against accrued sick leave. This leave shall be
granted in un~ts of not less than one-half (1/2) of the
number of hours that would constitute the employee's
regularly scheduled work day. For example, if the
employee's regularly scheduled work day is eight (8)
hours in length, said leave shall be granted in units of
not less than four (4) hours. The only exception to this
would be the use of personal leave hours to supplement
holJ.day hours or sick leave hours for a gJ.ven holiday or
sick leave day in order to receive the total number of
hours that the employee would have been regularly
scheduled to work that day. For example, if the employee
is normally scheduled to work a ten (10) hour day, the
employee can use two (2) hours of personal leave tJ.me to
supplement the eight (8) hours of holiday payor eight
(8) hours of sick leave pay for the holiday or the sick
day.
Scheduling of days off shall be done with prior approval
of the employee's supervisor, provJ.ding tha~ requests for
tJ.me off shall not be unreasonably denied. Denials of
time-off shall be in writing and shall state the
reason(s) for the denial and shall propose alternate
date(s) or make a request for a different day off. The
employee shall not unreasonably refuse to agree to
- 34 -
proposed alternate date(s). The employee shall have the
right to challenge the denial of time off through the
grievance procedure outlined in Section 6.07 of this
Agreement.
Unused personal leave days that are not charged to sJ.ck
leave shall not be accruable from year to year if not
used in any given fiscal year, nor shall the employee be
compensated for unused personal leave days at the end of
the fiscal year unless the supervisor and the employee
could not agree upon the scheduling of said leave days
during the fiscal year. If an employee has been unable
to use said personal leave days as a result of leave
being denied by the employee's supervisor, the Department
Head shall certify same by letter accompanying the final
tJ.mecard of the fiscal year, and the employee shall be
paid the straight time value of the unused personal leave
time at the employee's base rate.
4.10. Bereavement Leave
Bereavement leave of not more than fJ.ve (5) working days
wi th pay shall be provided for absence from duty due to
the death of a member of the employee's immedJ.ate famLly,
meaning spouse,.J:hild, brother, sister, parent, parent-
in-law, son-in-law, daughter-in-law, step-parent, step-
brother, step-sLster, grandparent or grandchild. In
addJ.tion, bereavement leave of not more than five (5)
working days with pay shall be provided for absence from
duty due to the death of any member of the employee's
household.
4.11 FamilY Leave
The City hereby agrees to implement family and medical
leave in accordance with the California Family Rights Act
(CFRA) and the Federal Family and Medical Leave Act
(FMLA) for all employees covered herein. These statutes
shall supersede and be implemented in lieu of any
contract language or CJ.ty policy/practice whJ.ch provides
a lesser benefit.
Before the issuance of any administrative regulatLons
pertaining to leave under the CFRA or FMLA, the City
agrees to discharge its meet and confer obligation with
SEID.
- 35 -
ARTICLE V: WORKING CONDITIONS
5.01 Safety and Loss Prevention
The City shall provide a reasonably safe and healthy
working environment in accordance with applicable State
and Federal laws and regulations. The employee
organization agrees that where safety devices or items of
protective equipment are required or furnished, their use
shall be mandatory.
Both parties to this MOU agree to fully support the
City's Risk Control Policy. Said policy sets forth the
City's commitment to maintaining a safe and healthy work
environment, to preventing accidents and injuries and
minimizing r~sk and loss wherever possible. Sa~d policy
outl~nes the safety responsibilities of the City, City
managers and supervisors, and City employees.
5.02 Effect of Job Performance on Salary
The C~ty Manager, in except~onal cases, based upon
specif~c appra~sal of the ~mportance and difficulty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salar~es higher than the minimum, and special increases
above the amount prescr~bed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notw~thstanding any provision contained herein, there
will be no ~ncrease in wages of any kind as a result of a
NOT ACCEPTABLE rat~ng on the employee's prescribed
per~odic performance rating. There w~ll be no subsequent
increases ~n wages unt~l the NOT ACCEPTABLE has been
improved to at least the SATISFACTORY level. If overall
performance is rated NOT ACCEPTABLE, an employee may be
dismissed from service, and if two consecutive
performance rat~ngs are marked NOT ACCEPTABLE, said
employee shall be dismissed by appointing authority for
inefficiency (SMMC Section 2.04.490). Any overall rating
~n the BELOW SATISFACTORY category may delay the next
scheduled salary increase at the discretion of the
appointing authority. Such action shall remain in effect
until the overall rating has been improved to at least
the SATISFACTORY level.
- 36 -
5.03 Layoffs
Employees may be separated from employment for an
indefinite period of time by the City because of lack of
work, lack of funds, abolition of position, or other
similar causes, providing however, that the Union shall
be given thirty (30) days advanced written notice of any
such action. Such action ~s designated as a layoff, and
shall entitle the laid-off employee to be placed on the
re-employment list for his job classification. Layoffs
shall be governed by seniority in service within a
particular department, and within a part~cular Job
classificat~on; that is, an employee being laid off shall
be that employee with the lowest seniority ~n the
particular job classification involved. Re-employment
from layoffs in a particular department shall be in the
reverse order in which the layoffs occurred ~n that
department. Any position may be abolished by the City
Council and should such an abolished position be
reinstated, or any position involving substantially the
same duties be created or filled within one year, the
laid-off employee shall be entitled to re-employment in
accordance with the rules governing layoffs.
If there is a class of positions of lower rank, and in
the same promotional line as the class of positions from
which layoff is made, the appointing authority shall
demote the employee scheduled for layoff to a position in
such lower ranking class of positions. The employee with
the lowest seniority occupying such lower ranking
posit~on may in turn be la~d off or demoted in the same
manner, to the end that the last person employed in the
lowest ranking class of pos~tions may be the person laid
off.
5.04 Work By Supervisors
Employees covered by th~s MOU may, from time to time,
have the opportunity to work in higher paying job
assignments as referenced in Section 2.09 hereof. To the
extent that superv~sors may perform work which could
ord~narily be performed by employees in the job
class~fications covered by th~s MOU, the City reserves
the right to have supervisors perform such work whenever
the duration of the ass~gnment does not warrant the
reassignment of personnel, during an emergency, or when a
qualified employee is unava~lable. The Union recognizes
that crew leaders and lead workers ara, by nature,
work~ng superv~sors, and that periodic ass~gnments of
these employees does not constitute any violation of any
provJ.sJ.on of this MOU. The City ~s not obligated to
reassign employees except as the City may determine to be
appropriate.
- 37 -
5.05. Wash-up Period
The parties agree that employees covered by this MOU who
perform physical manual labor shall have a period of time
before the end of their sh~ft to wash-up and/or change
clothes. Therefore, each said employee shall be entitled
to fifteen (15) minutes immediately before the end of
each shift for that sole purpose.
No employee covered herein shall stop work prior to the
last fifteen (15) minutes of his/her work shift, and no
employee will be entitled to such fifteen (15) minute
wash-up time if wash-up and change of clothes is not
necessary.
5.06 Subcontractinq
The City agrees that it will notify the Union and meet
and confer on any known or ant~cipated layoff, demotion,
reclassification or involuntary transfer of unit members
resulting from a decision to subcontract work ordinarily
performed by members of the bargaining unit. The Union
agrees that the decJ.sion to subcontract any work shall be
the exclusive right of the City.
5.07. Employee Parkinq
It is hereby agreed that the City will make every effort
to mainta~n free parking as it presently exists for City
employees at City facilities. The employees covered by
th~s Agreement recogn~ze that the City must comply with
Regulat~on XV issued by the Air QualJ.ty Management
DistrJ.ct (AQMD) and the City's Transportation Management
Plan Ordinance. If the use of positive incentives does
not result ~n the City meeting the compliance
requirements of AQMD's Regulation XV or the City's
Transportation Management Plan Ordinance within one (1)
year of the effective date of this Agreement, J.t is
understood that the City can ~mplement a charge for
employee parking in an effort to meet those requirements.
In addition, if it should become necessary to charge for
parking during the term of this Agreement ~n order to
comply WJ.th any other State or Federal requJ.rements
regarding transportation management, the City can
~mplement said charge. However, in no eVEnt shall the
City implement such a charge for parking without meeting
and conferring w~th SEIU should any employee (s)
represented by SEIU be subject to such a charge.
- 38 -
5.08. Work Schedule
Except in the case of emergency, an employee shall be
provided with fifteen (15) days advance notice of a
change in his/her regularly scheduled work hours. This
provisJ.on shall not apply to operational areas, such as
the Civic Auditorium, where work schedules need to remaJ.n
flexible in order to meet the operational needs of the
City.
Whenever a permanent vacancy occurs on a work schedule
with different days off and/or different hours of work,
reasonable efforts shall be made to offer that work
assignment to other qualifJ.ed employees on the basJ.s of
seniority. Management shall determine which employees
meet the qualJ.fications required for the work ass~gnment.
If an employee belJ.eves that he/she has been improperly
denied such an assJ.gnment, he/she can file a grievance in
accordance with Section 6.07 of the Agreement.
In those cases where a permanent employee desires to
modify his/her work schedule to accommodate specific work
schedule needs. Of the employee (e.g., dependent care
arrangements) that do not fall within the normal work
schedule establ~shed for the employee's posJ.tion, the
employee shall submit a request for a work schedule
modification to his/her Department Head. As long as the
operatJ.onal needs of the Department and the City will
still be met, upon approval of the Department Head, the
employee's request shall be approved. If it should be
later determined that the operational needs of the
Department and the City can no longer be met WJ.th the
employee's modified work schedule, the employee shall
receive at least thirty (30) days' notice that his/her
mod~fied work schedule can no longer be continued. In
the event that the employee cannot change his/her outside
scheduling needs to f~t within the regular work schedule
established for his/her pos~tJ.on, the CJ.ty wJ.ll make
every reasonable effort to place said employee J.n another
like posit~on where the employee's specific scheduling
needs can be accommodated. While nothing in this Section
requires that the employee's modified work schedule be
granted or that the employee be transferred to a like
pos~tJ.on to meet the employee'S outside scheduling needs,
requests shall not be unreasonably denied.
If an employee'S request for a modified wo~k schedule is
denied and if the employee does not agree with the
decision that has been reached, the employee can grieve
such decision under Section 6.07 (GrJ.evance and Complaint
Policy) of this Agreement. Failure to successfully
- 39 -
transfer an employee under this Section will not be
grievable.
5.09. Personnel Files
The City shall maintain one and only one official
personnel file for each employee covered herein. SaJ.d
file shall be kept in the City's Personnel Department.
All personnel action shall be based solely on the
contents of the official personnel file except that there
shall be no requirement that employee counselJ.ng
documentation be included in said file untJ.l such time as
other personnel actions relying upon the employee
counseling documentation is taken, providing that the
employee has received a copy of said employee counseling
documentation. However, this does not preclude an
appointing authority from taking disciplinary action for
an incident for which there is no prior documentation as
long as the disciplinary action is warranted and ~s based
on just cause. Progressive discipline will be followed
with the disciplJ.nary action taken being dependent upon
the severity of the incident on which the disciplinary
actJ.on is based. Depending upon the severity of the
inc~dent on \'TlJ.ich disciplinary action is based,
termination w~thout prior disciplinary action can occur.
.An employee covered herein shall be entitled to review
the content of hJ.s/her City or departmental personnel
file at reasonable intervals provided that the employee
schedules an appointment, at least twenty-four (24) hours
in advance, durJ.ng the regular busJ.ness hours of the
office in wh~ch the files are maintained.
No materJ.al shall be placed in an employee's City or
departmental personnel file without hav~ng been shown to
the employee. If the employee requests a copy of said
mater~al, a copy shall be provided. An employee may
prepare a written response to any such material and such
response shall be filed w~th the or~ginal material.
Materials placed in the offic~al personnel file shall be
placed within said file withJ.n thirty (30) days. If an
employee belJ.eves that material contained in hJ.s/her
personnel file was not tJ.mely and/or is not accurate,
he/she may petition the Director of Personnel, in
writing, to remove the material in question from the
file. The DJ.rector of Personnel shall.. respond, in
writJ.ng, with~n fifteen (15) working days based on the
work schedule in effect for City Hall. Both the
employee's request and the Director of Personnel's answer
shall contain a statement of reasons. If the Director of
Personnel so determines, the material in question shall
- 40 -
be removed from the employee's personnel file. If it J.S
the Director of Personnel's determ~nation that the
material remain in the personnel file, the employee may
place a written statement regarding said material in the
personnel file.
Reprimands and warnings which become part of an
employee's official personnel file may be referenced ~n
the employee's next performance evaluat~on.
5.10. Promotion
If, upon promotion, an employee represented hereJ.n fails
to satisfactorily complete his/her probationary period ~n
the position to which he/she has been promoted, or during
the probationary period wishes to return to his/her
former position, he/she shall have the right to return to
his/her former pos~tion, if vacant, or to a comparable
position in the same job classification if a vacancy
exists. If no vacancy exists, the employee will have
reappointment rights to his/her former position as
prov~ded by Santa Monica Municipal Code ( Section
2.04.450) .
5.11. Probationary Period
Any appoJ.ntment made from an ehgibility list shall be
subject to a probationary period of six (6) months.
However, upon the determination of the appointing
authority, sa~d probationary per~od can be extended for
proper cause for up to two (2) addit~onal six (6) month
periods.
If an appointing authority determines that the extension
of an employee's probatJ.onary period J.S warranted, he/she
shall submi t to the Director of Personnel, in writing,
the reason(s) for extending the employee's probationary
period within ten (10) calendar days prior to the
expiratJ.on of the probationary period. ThJ.s same
provision shall apply to any successive six-month
extension of the probat~onary perJ.od. If an employee's
probationary period ~s extended, he/she has the right to
request that such extension be reviewed by the Personnel
Director. The Personnel Director shall make the final
determination as to whether or not there is proper cause
for extending the employee's probationary period.
No appointee shall acquire permanent cJ.vil service status
until his/her probationary period has expJ.red and unless
prior to the expiration of such period the appo~nting
authority of the appointee has recommended to the
Personnel Director, in writing, that the appointee be
gi ven permanent civil service status. In the event the
- 41 -
appoint~ng authority fails to make such recommendation
prior to the expiration of the probationary period, the
probationary appointee's employment by the City shall
terminate automatically upon the expiration of said
probationary period. This same provision shall apply to
any six-month extension of the probationary period.
If an employee covered herein passes a six-month
probationary period, said employee would normally not be
ehgible for a salary step increase until the completion
of one full year of service in that position, with said
salary step increase being contingent upon satisfactory
service.
- 42 -
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll DeduQtions
It is mutually understood and agreed that the City will,
subject to the provisions of this Agreement, deduct
monthly and remit to the office or officer designated J.n
the employee payroll deduction authorizat~on recognJ.zed
employee organJ.zatJ.on dues, credit union investments or
payments, health and hospJ.talization insurance premiums,
and life and acc~dent insurance premiums. Any or all of
such payroll deductions are subject to termJ.nation by the
C~ty Manager upon twenty-four (24) hours notice for
failure to comply with the provisions of this Agreement.
6.02 Reasonable Notice
It is mutually understood and agreed that a copy (via the
Un~ted States postal ServJ.ce) of the CJ.ty Council and/or
Personnel Board- agenda for each meet~ng mailed to the
authorized representative of the recognJ.zed employee
organ~zation shall constitute reasonable written notice,
and notice of an opportunity to meet with such agenc~es,
on all matters withJ.n the scope of representation upon
which the City Councilor Personnel Board may act.
6.03 Un~on Security
A. Maintenance of Membership
Employee payroll deduction authorJ.zations for the
Union dues shall be voluntary on the part of the
employee but shall not be subject to un~lateral
cancellation by the employee during the term of this
MOU.
All employees who are members of the Union at thirty
(30) days followJ.ng ratification of th~s MOU by the
City Council, or who shall thereafter become
members, shall obligate themselves to. pay dues to
the Un~on for the life of this MOU and hereby
authorize the City to deduct saJ.d dues for the term
of this MOU.
- 43 -
B. Agency Shop
At such tJ.me as SEIU demonstrates that it has 70%
membership (based on the number of dues paying
members in comparison to the number of filled SEIU
positions), the City agrees to grant SEIU an Agency
Shop provision. At such time as the Agency Shop
provision becomes effective, this MOU shall be
amended to contain the provJ.sions in Exhibit B, and
Exhibit B shall be in effect in lieu of paragraphs A
and B, herein.
C. SEIU agrees to and shall indemnJ.fy and hold harmless
the City of Santa Monica, its Council, boards,
commissions, officers, agents, servants, and
employees from and against any and all loss,
damages, liabilJ.ty, claims, suits, costs and
expenses, whatsoever, including reasonable
attorneys' fees, regardless of the merit or outcome
of any such claim or suit, arising from or ~n any
manner connected with the operation of th~s
provision.
6.04. Union V~sitation -and Shop Stewards' Rights
Duly authorized representatives of the Union, after
rece~ving prior consent of the department head, shall
have the r~ght to contact employees at work durJ.ng rest
or other scheduled non-work periods with respect to the
investJ.gation of grievances, regarding the interpretation
or applJ.cation of thJ.s Agreement, the City of Santa
Monica Municipal Code as ~t relates to personnel matters,
personnel resolutJ.ons and regulat~ons, and/or salary
schedule. It is understood and agreed that such contacts
by the Union will be limited to complaint investigation
and grievance processing and shall not ~nclude
solicitation of Union membersh~p, collect~on of dues, or
the conduct of other Union business. It is further
agreed that such contacts shall not J.nterfere WJ.th the
regular performance of work by employees.
The Un~on shall desJ.gnate its authorized representatives
pursuant to this provJ.sion by send~ng the City Manager a
wrJ.tten list containJ.ng the names of authorized Union
representatives. The Union reserves the right to change
said written designations from time to time by submitting
written amendments to the City Manager ~howJ.ng other
author~zed representatives.
The Union shall have the rJ.ght to select and designate
employee members who shall be Shop Stewards who may
attend scheduled meetings with the City Manager or his
- 44 -
desJ.gnated representat~ve on subjects withJ.n the scope of
representation during working hours, except that no more
than the number of employees authorized by Ordinance NO.
801 (CCS) shall be compensated for such tJ.me. The
selection of such shop stewards and their attendance at
meetings during their regular work hours shall be subject
to the following:
A. No Shop Steward shall leave his duty or work station
or assignment without specific approval of an
authorized department management official.
B In schedulJ.ng meetings due consideration shall be
given to the operating needs and work schedules of
the department in which the Shop Steward is
employed.
c. Shop Stewards or alternate stewards of the Un~on
once selected and named to attend meetings, shall
not be substJ.tuted except with written approval of
the City Manager or authorJ.zed City management
official.
D. One shop steward may attend any disciplinary meeting
involvJ.ng a member, provided that said member
requests his/her attendance and he/she informs
his /her supervisor ~n advance. The shop steward
shall be allowed this privilege without loss of pay
and regardless of whether a SEIU labor offic~al is
also present.
E. Meetings may be scheduled before and after regular
duty or work hours and the City shall not be
obligated to pay any employee for attendJ.ng meetings
held outs~de the employee's normal working hours.
F. The Union shall have the right to select and
des~gnate one Chief Shop Steward from amongst the
perm~ssible number of shop stewards. Employees and
Shop Stewards shall have the right to contact the
Chief Shop Steward and may meet to discuss specific
grievances or other specific questions involving
this Agreement, in accordance w~th SectJ.ons A and B
above. Duly author~zed representatives of the Union
and Union Stewards designated under this provision
shall adhere to all City rules of conduct, safety
and/or security.
G. It is agreed that neither the Union. nor the City
shall discriminate against any employee because of
Union membership or non-membersh~p.
The CJ.ty agrees to establJ.sh a total aggregate bank not
to exceed eighty (80) hours annually to be used by Shop
- 45 -
Stewards for the purpose of conducting union busJ.ness.
All absences for unJ.on business must be approved in
advance by the appointing authority, or designee. All
such absences must be requested per the approprJ.ate
written form supplied by the Personnel Department. All
such time off shall be reported by the Shop Steward (s)
receiving the time off to the Personnel Director for
accounting purposes.
6.05 Organization Business Affairs
Business affairs of the recognized employee organization
shall not be conducted by employees during the~r duty
hours except by special permission of the City Manager in
instances involving the mutual benefit of the
organization and the City. The organizatJ.on may meet in
a City facility when such facilities are available and
such use has been approved by the City Manager or an
authorized departmental management official. Such
meetings shall be limited to one per calendar quarter.
City authorization shall not unreasonably be withheld.
6.06 Bullet~n Board Literature Distribution
A reasonable number of bulletin boards will be agreed
upon, on whJ.ch the recognJ.zed employee organization may
post only notJ.ces of recreatJ.onal and social affairs,
notices of meetings or health and welfare matters, or
elections and appointments and results of elections. The
posting of any other classes of notices or the
d~stribution of any written or printed notices, cards,
pamphlets or literature of any kind at City work stations
or premises is prohibited without the pr~or written
perm~ss~on of the CJ.ty Manager or an authorized
departmental management official.
6.07 Gr~evance and Complaint Policy
A gr~evance J.S a complaint by one or more employees
concern~ng the application or interpretation of the MOU,
ordinances, resolut~ons, pol~cies, practJ.ces or
procedures affecting the employee's wages, hours and/or
working conditions, provided, however, that grievances
regarding discJ.plinary actions must be lodged by the
employee being disciplined and that appeals arising from
suspensions, demot~ons and removals shall be subject to
the procedures outlined in Section 2.04.750 (Grievances
Involv~ng Removals, Demot~ons, or Suspensions) et seq. of
the Santa Monica Municipal Code, and that complaJ.nts
regarding Performance Evaluat~ons shall be subject to the
- 46 -
procedures contained in Section 2.04.480 (Efficiency
Ratings) of the MunicJ.pal Code.
Step 1. The aggrJ.eved employee (s) shall meet with the
immedJ.ate supervisor regarding the grJ.evance.
This meeting shall occur within twenty-one (21)
days of the event givJ.ng rise to the grJ.evance.
Th~s meeting shall be informal, with the intent
of the meeting to resolve the grievance of the
employee(s) prJ.or to it becomJ.ng a formal
written grievance.
Step 2. If the grievance is not resolved at Step 1, the
aggrieved employee(s) may submit their
grievance to the appropriate divisJ.on head.
The grievance must be in wr~ting, specifJ.cally
citing the MOU provJ.sion, ord~nance,
resolutJ.on, rule, policy, practice or procedure
that is the subject of the grievance and the
circumstances giving rise to the grievance and
must be submitted within seven (7) days
followJ.ng the informal discussion with the
supervisor (Step 1). The division head shall
respond to the aggrieved employee(s) in writing
wJ.thJ.n seven (7) days of receiving the wrJ.tten
griev~~ce from the employee(s).
Step 3. If the grievance is not resolved at Step 2, the
aggrieved employee(s) may, within seven (7)
days of receiving the div~sion head's response,
appeal to the department head. The department
head shall, within seven (7) days of receiving
the gr~evance, meet with the employee (s) and
the employee'S representative to attempt to
resol ve the grievance. The department head
shall prov~de a written response to the
aggr~eved employee(s) w~thin seven (7) days of
that meeting.
Step 4. If the grievance is not resolved at Step 3, the
employee may, wi thin seven (7) days of
receiving the department head's response,
appeal to the Personnel Director, who will
~nvestigate the gr~evance and make
recommendations to the City Manager, whose
decision shall be final. The decisJ.on of the
City Manager shall be J.ssued no later than the
end of the thirt~eth (30th) day following
presentation of the grievance to .the Personnel
Director.
It is mutually understood and agreed that:
- 47 -
-
A. All t~me periods J.n this section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grievance shall be considered untimely if not
presented by the employee or the Union within
twenty-one (21) days of the incident giving rJ.se to
the grievance or within twenty-one (21) days of its
effect upon the employee in those instances where J.t
is shown that the employee could not reasonably have
known of the grievable action.
c. Failure on the part of the aggrieved employee(s) to
meet the time requirements specified at any step in
the grievance procedure contained hereJ.n shall
result in the immediate denial of the grievance with
no further right of appeal.
D. Employees shall have the rJ.ght to be represented in
grievance matters in the following manner:
1. Employees shall have the right to represent
themselves individually in grievance matters.
2. Employees may designate a member of the
department to represent them in grievance
matters at Steps 1 and 2 of the grievance
process.
3. Employees may designate a member of the
Department, a Union representative, or a legal
representative to represent them in Steps 3 and
4 of the procedure.
4. For the purposes of this section, "days",
except where otherwise specified, shall mean
calendar days.
D. An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, shall not in any way be
coerced, intimJ.dated or discriminated against.
6.08 Annual Meetinqs
For the purpose of keeping open lines of communications,
the CJ.ty's representatives will meet with the Union Shop
Stewards once per year. This meeting will be held to
discuss items of mutual concern and information and shall
not be used to meet and confer over additional benefits
or changes to thJ.s MOU.
- 48 -
6.09. Joint Labor-Manaqement Committee
A joint labor-management committee shall be established
for the purpose of discussing employer-employee relations
~ssues that should arise during the term of th~s
Agreement. This committee wJ.ll not discuss mandatory
subjects of bargaining and will not make changes to this
Agreement. Instead, th~s committee will attempt to
resolve any labor-management problems and/or J.ssues that
should arise durJ.ng the term of this Agreement.
The joint labor-management committee shall be comprJ.sed
of the number of representatives allowed SEIU under
Ordinance 801 and not more than three (3) representat~ves
from the City's Personnel Department. City
representatives from other departments may be asked to
attend on an ad hoc bas~s should J.ssues arise that need
the~r expertise and/or attention. The Personnel
DJ.rector, or his/her desJ.gnee, shall serve as the
Cha~rperson of the committee.
This committee shall meet not less than one (1) time per
quarter during the City's fiscal year, with each meeting
being held du~ing the first month of each quarter.
Meetings can be held more frequently on an as-needed
basis. Special meetings will be called by the committee
Chairperson. SEIU representatives can request special
meetJ.ngs by contacting the Chairperson, who will make a
determ~nation as to whether or not a special meeting is
warranted.
- 49 -
IN WITNESS WHEREOF,the parties hereto have caused thJ.s Memorandum
of Understanding to be executed this day of
, 1994.
SERVICE EMPLOYEES INTERNATIONAL UNION
AFL-CIO, LOCAL 347
SEIU - ROBERT HUNT JOHN JALILI
CITY MANAGER
SEIU - MICHAEL LYONS
WAYNE CUMMINGS
DENNIS DELSING
JOHN GARCIA
ROBERT HANNA
DOUGLAS MILLER
GARY OTT
DAVID WILLIAMS
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
CITY ATTORNEY
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EXHIBIT A
CLASSIFICATIONS
Employees occupying line-item positions with the following
class~fication titles are covered by the provisions of this MOU.
Airport Attendant I Mechanic
Airport Attendant II MechanJ.c Assistant
Animal Control Technician Meter Reader
Asphalt Crew Leader Motor Coach Cleaner
Motor Sweeper Operator
Carpenter Painter
Carpenter Apprentice Painter Apprentice
Carpentry Crew Leader painting Crew Leader
Concrete Crew Leader Parking Lot Attendant
Concrete Finisher Parking Meter Collector
Custodian I Parking Meter Repairer
Custodian II PJ.pefitter
plumber
Electrician Plumber Helper
Electric~an Helper Plumbing Crew Leader
Equ~pment Operator I
EquJ.pment Operator II
EquJ.pment Operator III
Event Attendant Radio Technician
Event Attendant III RecyclJ.ng Crew Leader
Groundskeeper SanitatJ.on Collector
Sanitation Truck Driver
Heavy Equipment Operator Senior Groundskeeper
Heavy Truck Driver SenJ.or parking Meter
Collector
Irrigat~on Technician Senior Tree Trimmer
S~gn Painter
Laborer I Storekeeper
Laborer II
Lead Haz-Mat Techn~cJ.an Traffic Painter
Library Build~ng Technician Transportat~on Mechanic
Transportation Mechanic
Assistant
Tree Trimmer
Wastewater Crew Leader
Water Leader
Water Meter Repairer
Welder Fabricator
- 51 -
,
EXHIBIT B
AGENCY SHOP
At such time as SEIU demonstrates that they have a 70% membership
(based on the number of dues paying members in comparison to the
number of all filled SEIU positions), the City agrees to grant
SEIU an Agency Shop provision, except that such provision shall
not become effective earlier than the first of the month
following a thirty (30) day period subsequent to ratifJ.cation of
this MOD by both parties. Said Agency Shop provision shall be
subJect to the following terms and conditions:
(1) An employee workJ.ng in a classification covered by this MOU
shall, within thirty (30) calendar days after the effective
date of the granting of an Agency Shop provision and, in the
case of a newly hired employee, within thJ.rty (30) calendar
days of his/her employment, execute a payroll deduction
authorJ.zation form as furnished by SEIU, and thereby either
1) become and remain:a member in good standing in SEIU; or 2)
pay to SEIU a monthly service representation fee in an amount
not to exceed the standard ~nit~ation fee, period~c dues and
general assessments of SEIU dur~ng the term of th~s MOU.
(2) In the case of an employee who certif~es he/she is a member
of a bona fJ.de religion, body or sect wh~ch has historically
held conscientious obJections to Joining or fJ.nancially
supporting public employee organizatJ.ons, such employee shall
execute a payroll deduction authorization form as furnished
by SEIU, and thereby pay sums equal to the monthly service
representat~on fee to a non-religious, non-labor charitable
fund, chosen by the employee from a list of at least three
such funds wh~ch are exempt from taxation under Section
501 (c) (3) of the Internal Revenue Code. The list of funds
shall be provJ.ded by the C~ty, and shall be made up of funds
for which the City offers payroll deductions.
(3) The City and SEIU shall jointly notify all members of thJ.s
unit that they are required to pay dues or a service
representation fee as a condition of this SectJ.on and that
such amounts shall be automatically deducted from their
paychecks. The religious exemption and the employees' rights
under Government Code Section 3502.5 (Meyers-Milias-Brown
Act, as amended) shall also be explained. The cost of this
commun~cation and the responsibility for its dJ.stribution
shall be borne by SEIU.
- 52 -
(4) It is agreed that the City assumes no oblJ.gations to, in any
manner, enforce the provisions of the above paragraphs beyond
J.mplementing any valid payroll deduction authorJ.zations
submitted by unit employees authorizing the deduction of
service fees or other authorized payments to SEIU, or amounts
in lieu of service fees to specifJ.ed authorJ.zed charit~es.
Enforcement of the payments that unit employees are obligated
to make under the above paragraphs shall be w~thin the
discret~on and the sole responsibility of SEIU by way of
c~vil court action against such allegedly non-complying un~t
employee.
(5) SEIU shall, within sixty (60) days after the end of its
fiscal year in which the Agency Shop provision was operative,
provide the City with detaJ.led financial documentation, which
shall meet the requirements of Government Code, Sect~on
3502.5 (d) .
(6l It is recognized that SEIU, as the exclusive representative
of all unit employees, is required to represent all unit
employees fairly and equally without regard to union
membership or non-membership or their assertJ.on of rights
under this MOU or the law.
(7) Upon request by SEIU, the City shall furnish SEIU with the
name and date of hire of all newly hired employees subJect to
thJ.s MOU, along wi-th ver~fication of transmittals to any
charJ.table organ~zations
- 53 -
RESOLUTION NO.
ICITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
LOCAL 347, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO
WHEREAS, the City administration and representatives of Local 347,
Service Employees International Union, AFL-CIO have met and conferred under the
terms of Ordinance No. 801 (CCS) and have reached agreement on wages, hours and
other terms and conditions of ~l1}ployment; and
WHEREAS, Section 2.06 of Ordmance No. 801 ICCS) of the City of
Santa mOnica reqUires preparation of a written Memorandum of Understanding
between the admmlstration and employees if an agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance No. 801 ICCS) further provides
that any such Memorandum of Understanding shall not be bindmg unless and until
presented to the governmg body for determination; and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provide harmonious relations, cooperation, and understandmg between
the City and Local 347, Service Employees International Union, AFL-CIO;
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOllOWS:
Section 1. The City Council of the City of Santa Monica does hereby
approve and authorize the City Manager to execute the Memorandum of
Understanding executed by local 347, Service Employees International Union,
AFl-CIO. a copy of which IS attached hereto.
Section 2. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM:
Marsha Jones Moutne
City Attorney
(KB " 'esseou 1 "J
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