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SR-9-A (97) . q~A- 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 . ~...., l '...', ...~ -" --... ! . , 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 - 1 - , 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 - 2 - EXHIBIT A - REPRESENTED CLASSIFICATIONS EXHIBIT B - AGENCY SHOP - 3 - 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. - 4 - 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 - 5 - 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. - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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. - 11 - 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. .. - 12 - 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 - 13 - 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. - 14 - 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 - 50 - 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 -- -------