HomeMy WebLinkAbout2010-01-12 - AGENDA REPORTS - MOU BETWEEN SC AND SEIU 721 (2)CONSENT CALENDAR
Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by
Ken Pulskamp
DATE: January 12, 2010
SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF SANTA CLARITA AND THE SERVICE EMPLOYEES
INTERNATIONAL UNION (SEIU) LOCAL 721
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
City Council approve the Memorandum of Understanding that has been negotiated between the
City of Santa Clarita (City) and the Service Employees International Union (SEICI) Local 721.
Authorize the City Manager to finalize, sign and accept the Memorandum of Understanding on
behalf of the City.
BACKGROUND
On October 3, 2001, SEIU Local 347 AFL-CIO was certified by the State of California,
Department of Industrial Relations Mediation and Conciliation Service as the exclusive
bargaining agent for specified field and maintenance classifications in accordance with the
Meyers-Milias-Brown Act Government Code Section 3500, et seq. and City Resolution 94-105.
SEN restructured its locals in the state of California and effective March 1, 2007, Local 347
became 721. The City recognized Local 721, CTW, CLC.
In September 2009, the City and SEN Local 721 began negotiations for a new contract. The
revised articles have been incorporated into a Memorandum of Understanding, and the agreement
this Memorandum of Understanding represents is within the parameters previously established
by the City Council. The term of the contract is for a period of three years and includes the
following significant point:
Years One, Two, and Three - 2010, 2011, and 2012
' PROV D
• A Cost of Living Adjustment (COLA) and cafeteria dollars equal to what non -represented
employees receive.
On December 17, 2009, represented employees ratified the terms of the contract.
ALTERNATIVE ACTIONS
1. Not accept the Memorandum of Understanding and direct staff to continue negotiations
2. Other action as determined by Council
FISCAL IMPACT
The fiscal impact was included with the 2009-2010 mid -year budget.
ATTACHMENTS
MEMORANDUM OF UNDERSTANDING available in the City Clerk's Reading File
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF SANTA CLARITA, CALIFORNIA
and
SERVICE EMPLOYEES' INTERNATIONAL UNION, Local 721, CTW, CLC
THREE-YEAR AGREEMENT 1/1/2010-12/31/2012
The Service Employees International Union Local 721 and the City of Santa Clarita
having met and conferred in good faith enter into this Memorandum of Understanding for
the contract period of January 1, 2010 through December 31, 2012.
Article 1 Recognition (EXISTING with modified language)
On October 3, 2001 Service Employees International Union (SEIU) Local 721, CTW,
CLC (formerly Local 347, AFL-CIO), was certified by the State of California,
Department of Industrial Relations Mediation and Conciliation Service as the exclusive
bargaining agent for the classifications listed in Attachment "A" in accordance with the
Meyers-Milias-Brown Act Government Code Section 3500, et seq. and City Resolution
Number 94-105, as the majority representative (herein after referred to as the Unit).
Accordingly, the City recognizes the Service Employees Union Local 721 CTW, CLC,
(herein after referred to as the Union) as the exclusive representative of the employees in
said Unit for the purpose of meeting its obligation under the Meyers-Milias-Brown Act,
Government Code Section 3500, et seq. and the Employment Relations Resolution or
laws affecting wages, hours or other terms and conditions of employment are amended or
changed.
Article 2 Non -Discrimination (EXISTING)
The parties shall treat all employees in employment matters without regard to race, color,
religion, sex, age, national origin, disability, sexual orientation or Union activity.
Article 3 Prevailing Rights (EXISTING)
To the extent that they are not expressly or by necessary interpretation and application
covered by the purpose, intent, and language of this Agreement, compensation, employee
benefits and terms of employment within the scope of representation in effect shall
continue for the term of this Agreement unless the City has given notice to the Union
and, upon request, met and conferred.
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Article 4 Management Rights - (EXISTING)
The City reserves all rights with respect to'matters of general legislative and managerial
policy including, among others, the exclusive rights to determine the mission of its
constituent departments, commissions and boards; set standards of selection for
employment; direct its employees; take disciplinary action; relieve its employees of
duties because of lack of work or for other legitimate reasons; maintain efficiency of
governmental operations; determine the methods, means and personnel by which
governmental operations are to be conducted; take all necessary actions to carry out its
mission in emergencies; and exercise full control and discretion over its organization and
the technology of performing its work. These rights shall be limited only as specified in
this Agreement. Should the City's exercise of its rights substantively affect matters with
in the scope of representation, it will give notice to the Union and, upon request, meet
and confer on the impact/effect of its decision.
Article 5 Union Rights - (EXISTING with modified language)
A. Payroll Deductions
The City shall deduct Union dues from the salaries of any employee who signs a
voluntary dues deduction cards. The Union's treasurer shall certify the amount of
the dues deduction. The City shall promptly transmit all dues deductions to the
Union within ten (10) days of the deduction. Union shall indemnify and hold
harmless the City for its actions pursuant to this section.
B. Agency Shop
The City and the Union agree to abide by the following provisions as they relate
to an agency shop.
Agency Shop as defined under Meyers-Milias Brown means "an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or to
pay the organization a service fee in an amount not to exceed the standard
initiation fee, periodic dues, and general assessments of the organization."
2. Any employee who is a member of a bona fide religion, body, or sect that
has historically held conscientious objections to joining or financially
supporting public employee organizations shall not be required to join or
financially support any public employee organization as a condition of
employment. The employee may be required, in lieu of periodic dues,
initiation fees, or agency fees, to pay sums equal to the dues, initiation
fees, or agency fees to a nonreligious, nonlabor charitable fund exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code,
chosen by the employee from a list of at least three organizations, or if the
memorandum of understanding between the City and the Union fails to
designate the funds, then to any such fund chosen by the employee. Proof
of the payments shall be made on a monthly basis to the City as a
condition of continued exemption from the requirement of financial
support to the Union.
Covered employees shall execute written authorization for either Union
dues deductions, the agency fee, or, if eligible, the charitable contribution.
In the absence or a written authorization the City shall deduction the
agency fee from the employees paycheck.
4. An agency shop provision may be rescinded by a majority vote of all the
employees in the unit covered by the Memorandum of Understanding,
provided that:
(a) a request for such a vote is supported by a petition of at least 30
percent of the employees in the bargaining unit;
(b) the vote is by secret ballot;
(c) the vote may be taken at any time during the term of the
Memorandum of Agreement, but in no event shall there be more
than one vote taken during that term.
5. An agency shop arrangement shall not apply to management, confidential,
or supervisory employees.
6. The Union shall keep an adequate itemized record of its financial
transactions and shall make available annually, to the City and to the
employees who are members of the organization, within 60 days after the
end of its fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an opening statement, certified as to accuracy by its
president and treasurer or corresponding principal officer, or a certified
public accountant.
7. The Union shall indemnify and hold the City harmless against any liability
arising from any claims, demands, or other action relating to the City's
compliance with the agency shop obligation. The Union shall comply with
all statutory and legal requirements with respect to Agency Shop.
C. Use of City Facilities
With the approval of the Human Resources Division, the City agrees that the
Union may use city facilities to conduct meetings provided that such use does not
interfere with the normal business operations of the City.
D. Union Access
Upon prior notice to the Human Resource Division, a Union representative shall
be admitted to City facilities or work sites during working hours to assist
employees in adjusting their grievances, or to investigate complaints concerning
working conditions. Such access shall not interfere with the employees work
duties.
E. Bulletin Boards
The Union shall be provided reasonable designated space on City bulletin boards
which does not interfere with the City's official use of the bulletin board. With the
prior approval of the City, the Union may install and maintain separate bulletin
boards in the employee rest areas. Informational material only may be posted. No
derogatory, inflammatory, or political materials (with the exception of meeting
notices) may be posted.
F. Union Stewards
The Union may designate a reasonable number of stewards (not to exceed 10)
who must be members of the unit. A steward may represent a grievant at all levels
of the grievance procedure. A steward may represent an employee in pre -
disciplinary hearings (Skelly) or pre -disciplinary interviews where there is a
reasonable expectation that disciplinary action may follow. An employee and
his/her steward shall have a reasonable amount of paid time off for the above
listed activities, to include preparation time.
Union Stewards must inform their supervisor of the date and time they need to be
released from work and for which above listed matter they are representing an
employee.
The Union shall provide the City with the names of Union Stewards within thirty
(30) days of the execution of this Memorandum of Understanding and within
thirty (30) days of any changes in the designated Stewards.
G. Unit Information
Management will provide the Union, quarterly, with a list of employees in
alphabetical order, their employee numbers, class titles, and work location by
department, office or bureau, as well as division. They will also provide the
Union with the employees home address unless the employee objects.
Management will disseminate to each new bargaining unit employee an
informational booklet provided by the Union.
H. Membership Meetings
A total of one hour of city time will be provided every other month for
membership meetings. This time is inclusive of travel time and may be combined
with employee's unpaid lunch periods.
Article 6 Grievance Procedure (EXISTING)
Grievances may be filed by individual employees, or by the Union or by groups of
employees. Employees have the right to a representative of their choice at the
beginning of Step 2 of the Grievance Procedure.
Sec 1 Purpose of Grievance Procedure: The grievance procedure shall be used to
resolve employee complaints regarding:
a. An alleged violation of the Memorandum of Understanding
b. An alleged violation of the City's Personnel Ordinance or Rules.
Specifically excluded from the grievance procedure are:
C. Performance evaluations including deferral of merit increases.
d. Written reprimands.
e. Policy decisions of the City Council.
f. Matters.for which there is a separate appeal, including disciplinary action.
Sec 2 Informal Discussion of Grievance: When an employee has a complaint, the
employee shall first informally discuss the matter with the employee's immediate
supervisor within fifteen (15) calendar days from the date of the incident or
decision generating the grievance. If, after discussion, the complaint has not been
satisfactorily resolved, the employee shall have the right to file a formal
grievance.
Sec 3 Formal Grievance Procedure: The formal grievance procedure shall be used to
resolve an employee's complaint not satisfactorily resolved by informal
discussion.
Step 1
a. An employee shall have the right to present a formal grievance, in writing,
within five (5) working days after the informal discussion of the grievance
with the immediate supervisor or the immediate supervisor's superior. All
formal grievances shall state the reasons for the complaint and the
employee's suggested solution.
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b. The formal grievance shall be presented to the Director. The Director shall
discuss the grievance with the employee and/or the employee's
representative. Within ten (10) working days after receipt of the formal
grievance, the Director shall render a written decision regarding its merits.
If the Director's decision does not satisfactorily resolve the complaint, the
employee may present the formal grievance to the appointing authority.
The grievance shall be considered resolved and no further review of the
subject matter of the grievance shall be permitted under this rule when the
employee does not seek further review of the grievance within five (5)
working days after receipt of the decision of the Director. Failure of the
Director to render a written decision on the grievance within ten (10)
working days constitutes a decision denying the grievance.
Step 2 (motional)
Mediation: Prior to submitting the grievance to the appointing authority or
his/her designee, either the City or the employee may, within ten (10) days
of a decision by the Director, request the matter be referred to mediation.
Mediation shall require the concurrence of both parties. The Mediator
shall be obtained from the State Mediation and Conciliation Service. The
Mediator shall attempt to mediate a mutually acceptable resolution to the
grievance. In the absence of mutual acceptance of the resolution, the
matter shall proceed to the final step. A confidential written Mediator's
recommendation shall be presented to the appointing authority or his/her
designee and the Union. The mediation process shall be confidential and
shall not be used in any formal stage of the grievance procedure except as
provided herein.
Step 3
d. When the employee presents a formal grievance to the appointing authority
or his/her designee, the appointing authority or his/her designee shall
discuss the grievance with the employee and the employee's
representative. Within fifteen (15) days after meeting with the employee
and the employee's representative, the appointing authority or his/her
designee shall render a written decision regarding its merits. The decision
of the appointing authority or his/her designee shall resolve the grievance
and no further review of the subject matter of the grievance shall be
permitted within the City's administrative process.
e. The City shall not institute any reprisals against any employee or any
representative resulting from the use of the grievance procedure.
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Article 7 Probation (EXISTING with modified language)
Sec. I Regular Appointment Following the Probationary Period: All original
appointments shall be tentative and subject to a probationary period of not less
than one (1) year actual service to be determined for each class by the Personnel
Officer. Promotional appointments shall be tentative and subject to a
probationary period of not less than six (6) months. The appointing authority may
extend such probationary period up to six (6) months.
Prior to the end of the probationary period, the appointing authority shall notify
the Personnel Officer whether the probationary employee has performed
satisfactorily and whether retention of such employee is desired. This notification
shall be made in conjunction with the completion of the probationary employee's
performance evaluation. If retention is not desired, the probationer will be
rejected in accordance with the City's Personnel Rules.
Sec. 2 Objective of Probationary Period: The probationary period shall be regarded as a
part of the selection process and shall be utilized for closely observing the
employee's work and for securing the most effective adjustment of a new
employee to his position.
Sec. 3 Rejection of Probationer: During the probationary period, an employee may be
rejected at any time by the appointing authority without cause and without the
right of appeal. Notification of rejection by the appointing authority shall be
served on the probationer.
Sec. 4 Rejection Following Promotion: Any employee rejected during or at the
conclusion of the probationary period following a promotional appointment, shall
be reinstated to the position from which the employee was promoted unless
charges are filed and the employee is discharged in the manner provided in the
Personnel Ordinance and these rules for positions in the competitive service.
Article 8 Disciplinary Appeals — (EXISTING)
At the option of the employee and/or the City, Section 3 (c) Mediation of the Grievance
Procedure may be utilized prior to the final step of the disciplinary appeals process. All
discipline involving suspensions, demotions and terminations shall be subject to the
City's disciplinary appeals process.
Article 9 Leaves
A. Vacations — (EXISTING with modified language)
Employees begin to earn vacation time on the first day of probationary
employment. Vacation time is credited on a bi-weekly basis. All bargaining Unit
Members earn vacation at the following rates:
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Length of Service
Hour Accrued
Per Pay Period
Total Days
Per Year
0 - 4 years
3.0768 hrs
10 days
5 - 9 years
4.6152 hrs
15 days
10 years
4.9231 hrs
16 days
11 years
5.2308 hrs
17 days
12 years
5.5385 hrs
18 days
13 - 14 years
5.8462 hrs
19 days
15+ years
6.1538 hrs
20 days
Vacation will accrue from year to year to a maximum of two -hundred hours, or 2
times the annual accrual whichever is greater. Any amount in excess of those
specified will be paid out to affected employees at their applicable rates each
August 1, unless the employee submits a written request no later than July 1 of
each year to take the excess time off in lieu of receiving cash, subject to the City
Manager's approval.
Vacation will accrue during a workers compensation leave proportionate to the
amount of City paid compensation.
B. Holidays — (EXISTING)
The organization recognizes the importance of leisure time in achieving greater
productivity and provides regular and probationary employees with the following
thirteen (13) paid holidays during the calendar year.
New Year's Day
January 1
Martin Luther King Day
third Monday in January
Washington's Birthday
third Monday in February
Memorial Day
Last Monday in May
Independence day
July 4
Labor Day
first Monday in September
Veteran's Day
November 11
Thanksgiving Day
fourth Thursday in November
Day after Thanksgiving
Friday following Thanksgiving
Christmas Eve
Half day December 24
Christmas Day
December 25
New Year's Eve
Half day December 31
If a holiday should fall on a Saturday, it will be celebrated the preceding Friday.
If a holiday should fall on a Sunday, it will be celebrated the following Monday.
In addition to the scheduled holidays identified above, employees receive one (1)
floating holiday granted on January 1. This is a "free" day, which may be used at
any time before the end of the calendar year with prior approval of the Director or
Division Manager.
C. Sick Leave — (EXISTING with modified language)
Employees begin to earn sick leave on the first day of probationary employment.
Sick leave time is credited on a bi-weekly basis.
Sick leave is earned at approximately (one) 1 day per month (3.6920 hrs: per pay
period) for a total of (twelve) 12 days per year. Sick leave shall be allowed for
personal illness, injury either job or non job related, medical, dental or eye
appointment, hospitalization of a member of the immediate family or other family
illness if approved by the Director. Any extended absences from work due to an
employee's illness or illness of an immediate family member should be requested
in writing and will fall under the guidelines of the Family and Medical Leave Act
or other statutory leave laws established by State and/or Federal law.
Unacceptable reasons for sick leave requests are, in part, an inability to work
because of intemperance, ordinary tiredness, restlessness and muscle fatigue.
Sick leave will accrue from year to year indefinitely, unless you qualify for and
choose to participate in the City's Sick Leave Incentive Plan.
Sick time will accrue during a workers compensation leave proportionate to the
amount of City paid compensation.
Sick Leave Incentive Program
Employees who have minimal sick leave usage.between January I" and
November 30th of each calendar year or have large balances of sick leave
may be eligible to participate in the City's Sick Leave Incentive Program.
This program allows employees to convert to cash or vacation sick time
each December based on the following schedule:
No sick leave usage = 5 days of conversion eligibility
Up to 1 day sick leave usage = 3 days conversion eligibility
Up to 2 days sick leave usage = 2 days conversion eligibility
Up to 3 days sick leave = 1 day conversion eligibility
Employees who have a sick leave balance of 201 hours as of November 30th of
any calendar year are eligible to convert to cash or vacation in the last paycheck
in December of the same calendar year, up to 10% of their sick leave balance up
to 500 hours. Employees who attain eligibility for both types of conversion
options as described shall utilize the option that provides the most benefit to
employees.
D. Bereavement Leave (EXISTING)
Up to five working days for Bereavement Leave may be granted by a Director for
employee absence without loss of pay from duty as a result of a death in the
employee's immediate family, which includes spouse; natural, step, or legal
children; parent, including parents-in-law; brothers or sisters, including brother-
in-law and sister-in-law; grandparents; grandchildren; State of California
registered domestic partners; and children of State of California registered
domestic partners.
E. Medical Leave — (EXISTING)
The City grants leaves in accordance with the Family Medical Leave Act,
California Family Rights Act, any other Federal and State regulations and
established City policies and procedures for the administration of such laws.
Employees should direct all questions regarding medical leave of absences for
themselves or for the care of family members to the Human Resources office.
F. Military Leave - (EXISTING)
Unit members who are members of military reserve units shall be entitled to leave
with pay for military duty in accordance with State law.
In addition, during active military campaigns (such as Operation Desert Storm,
Afghanistan, etc.), unit members who are called to serve due to campaign shall be
entitled to a total of 180 calendar days of paid time off for the period of active
duty,.
G. Personal Leave (Without Pay) — (EXISTING with modified language)
H.
Leaves of absence without pay may be granted for up to three (3) calendar months
upon the approval of the City Manager. After three months a leave of absence
may be extended if so authorized by the City Manager. While on any unpaid leave
status, vacation and sick benefits do not accrue. The employee is required to pay
the entire monthly premium for health insurance coverage if they desire to remain
covered during the leave. The employee, upon their return from authorized
personal leave (without pay), will be returned to their former position.
H. Jury Duty and Subpoenas — (EXISTING with modified language)
Employees summoned for jury duty or subpoena by court as a witness on
City related business on a scheduled work day receive compensation from
the City equal to their regular rate of pay. At the completion of jury duty,
employees are required to reimburse the City the amount they were paid
by the court for the jury service. Employees must obtain a form from the
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court that certifies the times and dates served as jurors. Employees
subpoenaed by a court for non -work-related matters must use appropriate
accrued leave such as vacation, floating holidays, or compensatory time
off, to cover their absence from work.
I. Training Leave — (EXISTING)
The City may, on a case by case basis, approve paid time off for Union sponsored
training.
Article 10 Health, Dental and Vision Plans — (EXISTING except $ increase)
Upon probationary appointments, Unit Members are eligible for group health insurance.
New Unit Members enroll for health insurance during the orientation process and
coverage becomes effective the first day of the month following their employment date.
To obtain health coverage by this date, it is necessary to enroll during the first calendar
month of employment. This is in order for you and your family members to avoid having
to complete a special health statement or having to wait until the next open enrollment
period.
Unit Members have the choice of several health plans offered through the Public
Employee Retirement System (PERS) health benefits division. Employees also may
enroll in the vision and dental plans. Payroll deductions for health, dental and vision
coverage will depend upon the types of plans selected by the Unit Member and the
number of dependents enrolled. The particulars of these plans are outlined in the
brochures presented at orientation or can be obtained from the Human Resources office.
The City will give notice to the Union and upon request meet and confer if it becomes
necessary to change the basic benefit structure of its medical ihsurance plans. If the Unit
Member does not use up the full allotment of medical benefits, the remainder will be paid
monthly to the Unit Member as taxable cash. If a Unit Member can provide to the
Human Resources office proof of insurance elsewhere (such as through a spouse), then
the Unit Member may totally drop medical insurance and take the full allotment of
medical benefits as taxable cash.
a) Effective January 1, 2010, the monthly contribution will be One Thousand and
Sixteen Dollars and 58 cents ($1,016.58). Effective January 2011 and January
2012, the City shall amend its Cafeteria Plan contribution by an amount equal to
the change in the contribution for non -represented employee contributions.
Unit employees may elect to participate in the Healthcare Flexible Spending Account
program subject to the IRS maximum (currently $5,000 per calendar year).
Article 11 Retiree Health Insurance — (EXISTING with modified language)
Employees hired on or after January 1, 2008 shall receive PERS minimum health care
contribution upon retirement from the City and eligibility for PERS retiree health
coverage. There will be no change in retiree health care contributions for regular
employees hired prior to January 1, 2008.
Article 12 Retirement — (EXISTING with modified language)
The City of Santa Clarita is a contracting agency of the California Public Employees
Retirement System (Ca1PERS).
Retirement Benefits:
1. 2.7% @ 55 Formula
2. Military Service Credit as Public Service (purchased by employee)
3. Prior Service Limit Current Employee (purchased by employee)
4. Pre -retirement Death Benefit/Remarriage
5. Section 21574.5 Indexed Level 1959 Survivor Benefit
The City has implemented the 2.7 @ 55 retirement formula. Concurrently, salaries were
reduced by a total of two (2%) percent.
Article 13 Life Insurance — (EXISTING with modified languge)
The City of Santa Clarita carries a group life insurance plan paid for by the City. The
policy contains a one times annual salary life insurance benefit and includes accidental
death or dismemberment. Employees also have the option of purchasing supplemental
life insurance for themselves, their spouses, and their children through the same carrier,
which provides the group life insurance plan. The pamphlets distributed at orientation
describe these plans in greater detail. Employees may apply for supplemental insurance
at any time during the year with approval being determined by the City's insurance
carrier.
Article 14 Miscellaneous Provisions
A. Deferred Compensation Program - (EXISTING with modified language)
A deferred compensation program is offered to all Unit Members. The program
offers a choice of several quality investment options. Each Unit Member Is
eligible for an individually designed deferred compensation plan. Further
information regarding this program can be obtained by contacting Human
Resources. Upon request, the City will meet and confer with the Union on the
reallocation of any across the board increases provided pursuant to Article 15A to
deferred compensation.
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B. Credit Union — (EXISTING with modified language)
Unit Members are eligible to join several local credit unions. Information about
available credit unions is distributed during orientation and available from Human
Resources.
C. Educational Assistance - (EXISTING with modified language)
The Educational Assistance Program offered to all Unit Members. Tuition,
application, registration and book fees will be reimbursed to at the rate of seventy-
five (75%) percent of the actual cost up to a maximum of one thousand five
hundred ($1,500.00) dollars per fiscal year for study toward an Associate's
degree, Lip to two thousand ($2,000.00) dollars per fiscal year for study toward a
Bachelor's degree, and up to two thousand five hundred ($2,500.00) dollars per
fiscal year for study toward a Master's or Doctoral degree. Refer to the City's
Education Assistance Program policy for.additional information.
D. Issues Committee (EXISTING with modified language)
The City and Union agree to maintain the Issues Committee made up of Unit and
Management Members. The Committee shall meet at least quarterly and have an
established agenda. Either the Union or the City may request additional Issues
Committee meetings.
The purpose of this committee will be to regularly discuss issues of concern to
both the Union and the City.
The meeting schedule will be set in advance and the dates agreed to by both sides.
Any agenda items from the City or Union will be submitted to the Human
Resources Manager one week prior to the scheduled meeting, and an agenda will
be distributed to all parties prior to the meeting.
Three SEIU members plus the Union representative will participate, as will four
employees representing City management. Each side can bring additional
employees or experts as needed for relevant subject matter. Prior notification to
the other side will be provided, and failure to provide advance notification may
result in the additional employee or expert being excluded from the meeting. Any
meeting cancellations should be made known to the other party at least 24 hours
in advance of scheduled meetings or as soon as possible.
E. Personnel Folders — (EXISTING)
a) Upon request, a Unit Member shall be entitled to review the contents of
his/her Personnel folder.
b) No documents shall be placed in a Unit Members file without providing
the Unit Member a copy.
F. Evaluations — (EXISTING)
Management shall issue evaluations in a timely manner. If an evaluation has not
been completed within forty-five (45) calendar days after an employee's
anniversary date, they will be advanced to the next step in the salary schedule not
to exceed the top step of the range.
The City shall amend its layoff language to exclude evaluations from
consideration in determining layoff order.
G. Standby Duty Procedure — (EXISTING)
When determined necessary by the Department Head, individuals will be assigned
stand-by duty. It shall be the responsibility of this individual to receive calls for
after-hours services and be the initial responder to those calls. This individual
shall also have the responsibility to assess the needs of the situation and react to
the situation accordingly. Assignments may be made on a daily or weekly basis.
Whenever possible, volunteers will be utilized for stand-by duty.
The stand-by employee shall be assigned a City vehicle, cell phone and pager to
be carried at all times and used in the performance of his assigned duties. It is
essential to be able to reach the individual at all times and that they will remain
within the required 45 minute response time to the City. The employee on stand-
by duty is prohibited from personal use of the assigned City vehicle with the
exception of commuting to the work site or for de minimus personal use (such as
stopping for a personal errand within the 45 minute response area). However, at
no time shall non -City employees operate or ride in the City vehicle. At all times
the employee on stand-by duty is to behave in a manner that reflects favorably
upon the City and community they represent. Individuals assigned stand-by duty
shall refrain from use of alcohol or any other activity which would impair their
ability to perform necessary job duties.
Only employees with necessary training and experience in emergency field
response may serve stand-by duty.
Employees on stand-by duty shall be compensated an hourly rate of $2.00 for
each hour outside the normal workday for the period they are on standby status. If
an employee is off from work on sick leave, but was scheduled to be on standby
duty, the standby duty will be removed effective when the employee's sick leave
begins. Standby duty may resume when the employee returns to work. When the
stand-by duty employee receives a call, their pay status shall be changed to their
normal overtime rate. The overtime rate shall continue until the needs have been
met and they are returned to stand-by status. However, the individual shall
receive a minimum of four (4) hours credited towards time worked or actual time,
whichever is greater, commencing from the time the stand-by duty employee
begins his travel to the work site.
The stand-by duty employee shall be responsible for analyzing the situation,
determining the resources needed to accommodate the situation and for
acquisition of those resources. The employee will also be responsible for
notifying his supervisor of the situations. The employee will use his experience
and discretion when allocating resources and notifying supervisory personnel.
A stand-by list shall be prepared monthly indicating all the individuals assigned
stand-by duty. All stand-by duty personnel will receive a copy of this list and will
keep it with them at all times. Upon determination by a stand-by duty employee
called out to respond that additional personnel are needed for response to a
specific situation, those individuals on the stand-by list will first be contacted for
call -out. Supervisory contact is required for authorization of call -out of additional
personnel.
Should the stand-by duty employee be unable to complete their duties at any time
during their assignment, he shall immediately notify his supervisor. A minimum
24-hour notification is required whenever possible.
Stand-by duty employees, upon being called out to a work site, shall, at all times
respond in uniform and with proper safety clothing and equipment at all times.
H. Boot Allowance (EXISTING with modified language)
Effective January 2010, the City allowance shall be Two Hundred and Twenty -
Five ($225) Dollars per calendar year, paid one-half in January and one half in
July. Boot allowance must be used to purchase footwear that meets the safety
specifications for the employee's position. Products directly related to the care of
boots may be purchased by the employee using boot allowance money.
Employees are responsible for replacing approved boots as necessary.
I. Rest Periods (EXISTING)
Every employee shall be granted a minimum of fifteen minutes rest period in each
full (five hours for alternative schedules) four hour period; however that no such
rest period shall be taken during the first or last hour of an employee's working
day nor in excess of fifteen minutes without the express consent of the designated
supervisor.
Management reserves the right to suspend any rest period or any portion thereof
during an emergency. Any rest period so suspended or not taken at the time
permitted shall not be accumulated or carried over from one day to any
subsequent day nor compensated for in any form.
15 /
J. Safety (EXISTING)
Management will make every reasonable effort to provide safe working
conditions, and the Union will encourage all employees in this Unit to perform
their duties in a safe manner.
Article 15 Compensation
A. Salary — (EXISTING with modified language)
Effective January 2010, January 2011 and January 2012, the salaries for
represented employees shall be increased by an amount equal to the across the
board increase provided to non -represented employees.
B. Certificate/License Pay (EXISTING with modified language)
Certificate/license pay for holders of a Class A and/or B license will receive $60 a
month. Pay for all other certificates/licenses will be $30 a month. A full list of
agreed upon certificates/licenses are listed in the Certificate Pay Agreement.
C. Call -Back Duty — (EXISTING)
Any employee called back to work for unscheduled overtime not contiguous to
their regular work hours shall be credited with four (4) hours of time worked or
pay for the time actually worked, whichever is greater.
D. Compensatory Time - (EXISTING with modified language)
The basic form of compensation for earned overtime will be cash. Unit
employees may request, and the Director or Division Manager may approve or
disapprove, requests that overtime be compensated in compensatory time off at
the rate of one and one-half (1.5) the hours worked. The maximum accrual of
compensatory time shall be forty (40) hours for any employee. Once the forty
(40) hour limit is reached, all overtime will be compensated in cash.
Employees may request to use compensatory time off subject to the same rules for
approval of vacation with the exception of the above provision. Any unused
compensatory time off in excess of 1.0 hours as of December 31 S` of any year
shall be paid in cash, unless the employee requests that it be carried over to the
next calendar year. Compensatory time off of 1.0 hours or less will be carried
over.
E. . Shift Differential - (EXISTING)
Effective upon the ratification of this agreement, employees whose regular work
schedule includes Saturday and Sunday shifts shall receive an additional two and
16 /n
one-half percent (2.5%) of base pay. Upon moving to a position that does not
include a Saturday and Sunday shift or upon changing to work schedule that does
not include a Saturday and Sunday shift, the 2.5% shift differential will be
removed effective with the date of the change.
F. Out -of -Class Pay - (EXISTING)
Personnel Rule XII. Section 7 Out of Class Assignment shall be amended to read:
With the approval of the City Manager, regular or probationary employees may
be assigned to a higher level classification in the case of unusual extended leaves
and/or vacancies of 15 consecutive calendar days or more as a professional
growth and development opportunity. Assignment must last for a minimum of 15
consecutive calendar days to a maximum of six consecutive months. The City
Manager may approve extending the length of an assignment. Employees
appointed to an Out -of -Class Assignment will be compensated, at City Manager
discretion, at not less than a 5% increase over their current salary, to a maximum
of E step of the higher level classification: Benefit levels will remain unchanged
for the duration of the Out -of -Class Assignment. Compensation changes will be
effective with the first day of the Out -of -Class Assignment.
Article 16 Written Reprimands (EXISTING with modified language)
After receipt of written reprimand, the employee may request a review of the reprimand
to the issuing authority within five (5) working days. Said review may include an oral
response and/or a written response. The issuing authority's decision may be to rescind
the document, to modify the document or to attach the employee's written response to the
document with no change in content. The employee shall be notified, in writing, of the
decision of the issuing authority. The employee may request that said decision be
reviewed by the Director, if applicable, within five (5) days after said notification. The
same review process shall be conducted as stated above. The employee may request the
above decision be reviewed by the Human Resources Manager, within five (5) days after
said notification. The same review process shall be conducted as stated above. The
decision of the Human Resources Manager shall be final with no further review of the
reprimand or warning.
Employees may also request, in the absence of any further disciplinary or performance
issues of a similar nature for a period of two (2) years, that a written reprimand be
removed from their personnel file. Such request may be granted at the discretion of the
Human Resources Manager. If said request is denied, the Human Resources Manager will
provide a written reason for the denial to the employee.
Article 17 Performance Evaluations (EXISTING)
After receipt of performance evaluation, the employee may request a review of the
evaluation to the issuing authority within five (5) working days. Said review shall
include a written response. The issuing authority's decision may be to rescind the
evaluation, to modify the document or to attach the employee's written response to the
evaluation with no change in content. The employee shall be notified, orally or in
writing, of the decision of the issuing authority. Employees may request that the Human
Resources Manager review their evaluation with their Director within five (5) days after
said notification. The same review process shall be conducted as stated above. The
decision of the Director shall be final with no further review of the evaluation.
Article 18 Voluntary Political Contributions (EXISTING)
The City agrees to allow employees to make voluntary political contributions to the
Union's Political Action Committee through payroll deduction. Any employee interested
in making such contributions shall authorize the City in writing on a form, which clearly
indicates that the funds will be used for political purposes and that the contribution is
voluntary in nature. The Union will abide by all Federal and State laws regulating such
contributions and shall indemnify the City in the event of litigation arising from this
provision.
Article 19 Contracting Out Unit Work — (EXISTING)
The City agrees that no bargaining Unit work will be contracted out if it would result in
the displacement of Unit employees during the term of this Agreement, unless the City
has given prior notice to the Union prior to the formal solicitation of bids and met and
conferred on the impact of the contracting out.
Article 20 Reopener — Personnel Rules — (EXISTING)
Upon completion, the City will forward to the Union revised personnel rules. Upon
request, the City will meet and confer with the Union of any portion(s) of the rules falling
within the scope of representation.
Article 21 Severability — (EXISTING)
In the event that a court finds any provision(s) of this MOU to be invalid, the parties
agree that the remaining provisions remain in effect.
Article 22 Full Understanding (EXISTING)
It is understood this Agreement represents the complete and final understanding on all
negotiable issues between the City and the Union. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Union, except as specifically referred to in this Agreement. All ordinances,
resolutions or rules not specifically referred to in this Agreement shall not be superseded,
modified or repealed by implication or otherwise by the provisions hereof. The parties
for the term of this Agreement, voluntarily and unqualifiedly agree to waive the
obligation to negotiate with respect to any practice, subject or matter which may not have
been within the knowledge of the parties at the time this Agreement was negotiated and
signed. In the event any new practice, subject or matter arises during the term of this
Agreement and any action is proposed by the City, the Union shall be afforded notice and
shall have a right to meet and confer upon their request. In the absence of agreement on
such proposed actions, the City reserves the right to take the necessary action by
management direction.
Article 23 Contract Term — (EXISTING with date and name changes)
The term of this contract shall be for a period of three (3) years beginning January 1,
2010 and ending December 31, 2012.
CITY OF SANTA CLARITA
Ken Pulskamp, City Manager
SERVICE EMPLOYEES INTER-
NATIONAL UNION (Local 72 1)
Rose Rangel, Negotiator
Ken Striplin, Assistant City Manager/
Paul Jones, President
Personnel Officer
Building Inspector
Jennifer Curtis, Human Resources Manager
Paul Santana, Vice -President
Street Maintenance Worker
Roland Leclair, Park Administrator
Russ Wells, Treasurer
Groundskeeper I
Byron Moline, General Services Manager
19
�.r
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF SANTA CLARITA, CALIFORNIA
and
SERVICE EMPLOYEES' INTERNATIONAL UNION, Local 721, CTW, CLC
THREE-YEAR AGREEMENT 1/1/2010-12/31/2012
The Service Employees International Union Local 721 and the City of Santa Clarita
having met and conferred in good faith enter into this Memorandum of Understanding for
the contract period of January 1, 2010 through December 31, 2012.
Article 1 Recognition (EXISTING with modified language)
On October 3, 2001 Service Employees International Union (SEIU) Local 721, CTW,
CLC (formerly Local 347, AFL-CIO), was certified by the State of California,
Department of Industrial Relations Mediation and Conciliation Service as the exclusive
bargaining agent for the classifications listed in Attachment "A" in accordance with the
Meyers-Milias-Brown Act Government Code Section 3500, et seq. and City Resolution
Number 94-105, as the majority representative (herein after.referred to as the Unit).
Accordingly, the City recognizes the Service Employees Union Local 721 CTW, CLC,
(herein after referred to as the Union) as the exclusive representative of the employees in
said Unit for the purpose of meeting its obligation under the Meyers- Milias-Brown Act,
Government Code Section 3500, et seq. and the Employment Relations Resolution or
laws affecting wages, hours or other terms and conditions of employment are amended or
changed.
Article 2 Non -Discrimination (EXISTING)
The parties shall treat all employees in employment matters without regard to race, color,
religion, sex, age, national origin, disability, sexual orientation or Union activity.
Article 3 Prevailing Rights (EXISTING)
To the extent that they are not expressly or by necessary interpretation and application
covered by the purpose, intent, and language of this Agreement, compensation, employee
benefits and terms of employment within the scope of representation in effect shall
continue for the term of this Agreement unless the City has given notice to the Union
and, upon request, met and conferred.
Article 4 Management Rights - (EXISTING)
The City reserves all rights with respect to matters of general legislative and managerial
policy including, among others, the exclusive rights to determine the mission of its
constituent departments, commissions and boards; set standards of selection for
employment; direct its employees; take disciplinary action; relieve its employees of
duties because of lack of work or for other legitimate reasons; maintain efficiency of
governmental operations; determine the methods, means and personnel by which
governmental operations are to be conducted; take all necessary actions to carry out its
mission in emergencies; and exercise full control and discretion over its organization and
the technology of performing its work. These rights shall be limited only as specified in
this Agreement. Should the City's exercise of its rights substantively affect matters with
in the scope of representation, it will give notice to the Union and, upon request, meet
and confer on the impact/effect of its decision.
Article 5 Union Rights - (EXISTING with modified language)
A. Payroll Deductions
The City shall deduct Union dues from the salaries of any employee who signs a
voluntary dues deduction cards. The Union's treasurer shall certify the amount of
the dues deduction. The City shall promptly transmit all dues deductions to the
Union within ten (10) days of the deduction. Union shall indemnify and hold
harmless the City for its actions pursuant to this section.
B. Agency Shop
The City and the Union agree to abide by the following provisions as they relate
to an agency shop.
Agency Shop as defined under Meyers-Milias Brown means "an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or to
pay the organization a service fee in an amount not to exceed the standard
initiation fee, periodic dues, and general assessments of the organization."
2. Any employee who is a member of a bona fide religion, body, or sect that
has historically held conscientious objections to joining or financially
supporting public employee organizations shall not be required to join or
financially support any public employee organization as a condition of
employment. The employee may be required, in lieu of periodic dues,
initiation fees, or agency fees, to pay sums equal to the dues, initiation
fees, or agency fees to a nonreligious, nonlabor charitable fund exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code,
chosen by the employee from a list of at least three organizations, or if the
memorandum of understanding between the City and the Union fails to
2
designate the funds, then to any such fund chosen by the employee. Proof
of the payments shall be made on a monthly basis to the City as a
condition of continued exemption from the requirement of financial
support to the Union.
3. Covered employees shall execute written authorization for either Union
dues deductions, the agency fee, or, if eligible, the charitable contribution.
In the absence or a written authorization the City shall deduction the
agency fee from the employees paycheck.
4. An agency shop provision may be rescinded by a majority vote of all the
employees in the unit covered by the Memorandum of Understanding,
provided that:
(a) a request for such a vote is supported by a petition of at least 30
percent of the employees in the bargaining unit;
(b) the vote is by secret ballot;
(c) the vote may be taken at any time during the term of the
Memorandum of Agreement, but in no event shall there be more
than one vote taken during that term.
An agency shop arrangement shall not apply to management, confidential,
or supervisory employees.
6. The Union shall keep an adequate itemized record of its financial
transactions and shall make available annually, to the City and to the
employees who are members of the organization, within 60 days after the
end of its fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an opening statement, certified as to accuracy by its
president and treasurer or corresponding principal officer, or a certified
public accountant.
The Union shall indemnify and hold the City harmless against any liability
arising from any claims, demands, or other action relating to the City's
compliance with the agency shop obligation. The Union shall comply with
all statutory and legal requirements with respect to Agency Shop.
C. Use of City Facilities
With the approval of the Human Resources Division, the City agrees that the
Union may use city facilities to conduct meetings provided that such use does not
interfere with the normal business operations of the City.
D. Union Access
Upon prior notice to the Human Resource Division, a Union representative shall
be admitted to City facilities or work sites during working hours to assist
employees in adjusting their grievances, or to investigate complaints concerning
working conditions. Such access shall not interfere with the employees work
duties.
E. Bulletin Boards
The Union shall be provided reasonable designated space on City bulletin boards
which does not interfere with the City's official use of the bulletin board. With the
prior approval of the City, the Union may install and maintain separate bulletin
boards in the employee rest areas. Informational material only may be posted. No
derogatory, inflammatory, or political materials (with the exception of meeting
notices) may be posted.
F. Union Stewards
The Union may designate a reasonable number of stewards (not to exceed 10)
who must be members of the unit. A steward may represent a grievant at all levels
of the grievance procedure. A steward may represent an employee in pre -
disciplinary hearings (Skelly) or pre -disciplinary interviews where there is a
reasonable expectation that disciplinary action may follow. An employee and
his/her steward shall have a reasonable amount of paid time off for the above
listed activities, to include preparation time.
Union Stewards must inform their supervisor of the date and time they need to be
released from work and for which above listed matter they are representing an
employee.
The Union shall provide the City with the names of Union Stewards within thirty
(30) days of the execution of this Memorandum of Understanding and within
thirty (30) days of any changes in the designated Stewards.
G. Unit Information
Management will provide the Union, quarterly, with a list of employees in
alphabetical order, their employee numbers, class titles, and work location by
department, office or bureau, as well as division. They will also provide the
Union with the employees home address unless the employee objects.
Management will disseminate to each new bargaining unit employee an
informational booklet provided by the Union.
4
H. Membership Meetings
A total of one hour of city time will be provided every other month for
membership meetings. This time is inclusive of travel time and may be combined
with employee's unpaid lunch periods.
Article 6 Grievance Procedure (EXISTING)
Grievances may be filed by individual employees, or by the Union or by groups of
employees. Employees have the right to a representative of their choice at the
beginning of Step 2 of the Grievance Procedure.
Sec 1 Purpose of Grievance Procedure: The grievance procedure shall be used to
resolve employee complaints regarding:
a. An alleged violation of the Memorandum of Understanding
b. An alleged violation of the City's Personnel Ordinance or Rules.
Specifically excluded from the grievance procedure are:
C. Performance evaluations including deferral of merit increases.
d. Written reprimands.
e. Policy decisions of the City Council.
f. Matters for which there is a separate appeal, including disciplinary action.
Sec 2 Informal Discussion of Grievance: When an employee has a complaint, the
employee shall first informally discuss the matter with the employee's immediate
supervisor within fifteen (15) calendar days from the date of the incident or
decision generating the grievance. If, after discussion, the complaint has not been
satisfactorily resolved, the employee shall have the right to file a formal
grievance.
Sec 3 Formal Grievance Procedure: The formal grievance procedure shall be used to
resolve an employee's complaint not satisfactorily resolved by informal
discussion.
Step 1
An employee shall have the right to present a formal grievance, in writing,
within five (5) working days after the informal discussion of the grievance
with the immediate supervisor or the immediate supervisor's superior. All
formal grievances shall state the reasons for the complaint and the
employee's suggested solution.
b. The formal grievance shall be presented to the Director. The Director shall
discuss the grievance with the employee and/or the employee's
representative. Within ten (10) working days after receipt of the formal
grievance, the Director shall render a written decision regarding its merits.
If the Director's decision does not satisfactorily resolve the complaint, the
employee may present the formal grievance to the appointing authority.
The grievance shall be considered resolved and no further review of the
subject matter of the grievance shall be permitted under this rule when the
employee does not seek further review of the grievance within five (5)
working days after receipt of the decision of the Director. Failure of the
Director to render a written decision on the grievance within ten (10)
working days constitutes a decision denying the grievance.
Step 2 (optional)
Mediation: Prior to submitting the grievance to the appointing authority or
his/her designee, either the City or the employee may, within ten (10) days
of a decision by the Director, request the matter be referred to mediation.
Mediation shall require the concurrence of both parties. The Mediator
shall be obtained from the State Mediation and Conciliation Service. The
Mediator shall attempt to mediate a mutually acceptable resolution to the
grievance. In the absence of mutual acceptance of the resolution, the
matter shall proceed to the Final step. A confidential written Mediator's
recommendation shall be presented to the appointing authority or his/her
designee and the Union. The mediation process shall be confidential and
shall not be used in any formal stage of the grievance procedure except as
provided herein.
Step 3
d. When the employee presents a formal grievance to the appointing authority
or his/her designee, the appointing authority or his/her designee shall
discuss the grievance with the employee and the employee's
representative. Within fifteen (15) days after meeting with the employee
and the employee's representative, the appointing authority or his/her
designee shall render a written decision regarding its merits. The decision
of the appointing authority or his/her designee shall resolve the grievance
and no further review of the subject matter of the grievance shall be
permitted within the City's administrative process.
e. The City shall not institute any reprisals against any employee or any
representative resulting from the use of the grievance procedure.
0
Article 7 Probation (EXISTING with modified language)
Sec. 1 Regular Appointment Following the Probationary Period: All original
appointments shall be tentative and subject to a probationary period of not less
than one (1) year actual service to be determined for each class by the Personnel
Officer. Promotional appointments shall be tentative and subject to a
probationary period of not less than six (6) months. The appointing authority may
extend such probationary period up to six (6) months.
Prior to the end of the probationary period, the appointing authority shall notify
the Personnel Officer whether the probationary employee has performed
satisfactorily and whether retention of such employee is desired. This notification
shall be made in conjunction with the completion of the probationary employee's
performance evaluation. If retention is not desired, the probationer will be
rejected in accordance with the City's Personnel Rules.
Sec. 2 Objective of Probationary Period: The probationary period shall be regarded as a
part of the selection process and shall be utilized for closely observing the
employee's work and for securing the most effective adjustment of a new
employee to his position.
Sec. 3 Rejection of Probationer: During the probationary period, an employee may be
rejected at any time by the appointing authority without cause and without the
right of appeal. Notification of rejection by the appointing authority shall be
served on the probationer.
Sec. 4 Rejection Following Promotion: Any employee rejected during or at the
conclusion of the probationary period following a promotional appointment, shall
be reinstated to the position from which the employee was promoted unless
charges are filed and the employee is discharged in the manner provided in the
Personnel Ordinance and these rules for positions in the competitive service.
Article 8 Disciplinary Appeals — (EXISTING)
At the option of the employee and/or the City, Section 3 (c) Mediation of the Grievance
Procedure may be utilized prior to the final step of the disciplinary appeals process. All
discipline involving suspensions, demotions and terminations shall be subject to the
City's disciplinary appeals process.
Article 9 Leaves
A. Vacations — (EXISTING with modified language)
Employees begin to earn vacation time on the first day of probationary
employment. Vacation time is credited on a bi-weekly basis. All bargaining Unit
Members earn vacation at the following rates:
Length of Service
Hour Accrued
Per Pay Period
Total Days
Per Year
0 - 4 years
3.0768 hrs
10 days
5 - 9 years
4.6152 hrs
15 days
10 years
4.9231 hrs
1-6 days
1 1 years
5.2308 hrs
17 days
12 years
5.5385 hrs
18 days
13 - 14 years
5.8462 hrs
19 days
15+ years
6.1538 hrs
20 days
Vacation will accrue from year to year to a maximum of two -hundred hours, or 2
times the annual accrual whichever is greater. Any amount in excess of those
specified will be paid out to affected employees at their applicable rates each
August 1, unless the employee submits a written request no later than July 1 of
each year to take the excess time off in lieu of receiving cash, subject to the City
Manager's approval.
Vacation will accrue during a workers compensation leave proportionate to the
amount of City paid compensation.
B. Holidays — (EXISTING)
The organization recognizes the importance of leisure time in achieving greater
productivity and provides regular and probationary employees with the following
thirteen (13) paid holidays during the calendar year.
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Independence day
Labor Day
Veteran's Day
Thanksgiving Day
Day after "Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
January 1
third Monday in January
third Monday in February
Last Monday in May
July 4
first Monday in September
November 11
fourth "Thursday in November
Friday following Thanksgiving
Half day December 24
December 25
half day December 31
If a holiday should fall on a Saturday, it will be celebrated the preceding Friday.
If a holiday should fall on a Sunday, it will be celebrated the following Monday.
In addition to the scheduled holidays identified above, employees receive one (1)
floating holiday granted on January 1. This is a "free" day, which may be used at
any time before the end of the calendar year with prior approval of the Director or
Division Manager.
'3
C. Sick Leave — (EXISTING with modified language)
Employees begin to earn sick leave on the first day of probationary employment.
Sick leave time is credited on a bi-weekly basis.
Sick leave is earned at approximately (one) 1 day per month (3.6920 hrs. per pay
period) for a total of (twelve) 12 days per year. Sick leave shall be allowed for
personal illness, injury either job or non -job related, medical, dental or eye
appointment, hospitalization of a member of the immediate family or other family
illness if approved by the Director. Any extended absences from work due to an
employee's illness or illness of an immediate family member should be requested
in writing and will fall under the guidelines of the Family and Medical Leave Act
or other statutory leave laws established by State and/or Federal law.
Unacceptable reasons for sick leave requests are, in part, an inability to work
because of intemperance, ordinary tiredness, restlessness and muscle fatigue.
Sick leave will accrue from year to year indefinitely, unless you qualify for and
choose to participate in the City's Sick Leave Incentive Plan.
Sick time will accrue during a workers compensation leave proportionate to the
amount of City paid compensation.
i. Sick Leave Incentive Program
Employees who have minimal sick leave usage between January 1St and
November 30th of each calendar year or have large balances of sick leave
may be eligible to participate in the City's Sick Leave Incentive Program.
This program allows employees to convert to cash or vacation sick time
each December based on the following schedule:
No sick leave usage = 5 days of conversion eligibility
Up to 1 day sick leave usage = 3 days conversion eligibility
Up to 2 days sick leave usage = 2 days conversion eligibility
Up to 3 days sick leave = 1 day conversion eligibility
Employees who have a sick leave balance of 201 hours as of November 30th of
any calendar year are eligible to convert to cash or vacation in the last paycheck
in December of the same calendar year, up to 10% of their sick leave balance up
to 500 hours. Employees who attain eligibility for both types of conversion
options as described shall utilize the option that provides the most benefit to
employees.
9
D. Bereavement Leave (EXISTING)
Up to five working days for Bereavement Leave may be granted by a Director for
employee absence without loss of pay from duty as a result of a death in the
employee's immediate family, which includes spouse; natural, step, or legal
children; parent, including parents-in-law; brothers or sisters, including brother-
in-law and sister-in-law; grandparents; grandchildren; State of California
registered domestic partners; and children of State of California registered
domestic partners.
E. . Medical Leave — (EXISTING)
The City grants leaves in accordance with the Family Medical Leave Act,
California Family Rights Act, any other Federal and State regulations and
established City policies and procedures for the administration of such laws.
Employees should direct all questions regarding medical leave of absences for
themselves or for the care of family members to the Human Resources office.
F. Military Leave - (EXISTING)
Unit members who are members of military reserve units shall be entitled to leave
with pay for military duty in accordance with State law.
In addition, during active military campaigns (such as Operation Desert Storm,
Afghanistan, etc.), unit members who are called to serve due to campaign shall be
entitled to a total of 180 calendar days of paid time off for the period of active
duty.
G. Personal Leave (Without Pay) — (EXISTING with modified language)
H.
Leaves of absence without pay may be granted for up to three (3) calendar months
upon the approval of the City Manager. After three months a leave of absence
may be extended if so authorized by the City Manager. While on any unpaid leave
status, vacation and sick benefits do not accrue. The employee is required to pay
the entire monthly premium for health insurance coverage if they desire to remain
covered during the leave. The employee, upon their return from authorized
personal leave (without pay), will be returned to their former position.
1-1. Jury Duty and Subpoenas — (EXIS'T'ING with modified language)
Employees summoned for jury duty or subpoena by court as a witness on
City related business on a scheduled work day receive compensation from
the City equal to their regular rate of pay. At the completion of jury duty,
employees are required to reimburse the City the amount they were paid
by the court for the jury service. Employees must obtain a form from the
H
court that certifies the times and dates served as jurors. Employees
subpoenaed by a court for non -work-related matters must use appropriate
accrued leave such as vacation, floating holidays, or compensatory time
off, to cover their absence from work.
I. Training Leave — (EXISTING)
The City may, on a case by case basis, approve paid time off for Union sponsored
training.
Article 10 Health, Dental and Vision Plans — (EXISTING except $ increase)
Upon probationary appointments, Unit Members are eligible for group health insurance.
New Unit Members enroll for health insurance during the orientation process and
coverage becomes effective the first day of the month following their employment date.
To obtain health coverage by this date, it is necessary to enroll during the first calendar
month of employment. This is in order for you and your family members to avoid having
to complete a special health statement or having to wait until the next open enrollment
period.
Unit Members have the choice of several health plans offered through the Public
Employee Retirement System (PERS) health benefits division. Employees also may
enroll in the vision and dental plans. Payroll deductions for health, dental and vision
coverage will depend upon the types of plans selected by the Unit Member and the
number of dependents enrolled. The particulars of these plans are outlined in the
brochures presented at orientation or can be obtained from the Human Resources office.
The City will give notice to the Union and upon request meet and confer if it becomes
necessary to change the basic benefit structure of its medical insurance plans. If the Unit
Member does not use up the full allotment of medical benefits, the remainder will be paid
monthly to the Unit Member as taxable cash. If a Unit Member can provide to the
I luman Resources office proof of insurance elsewhere (such as through a spouse), then
the Unit Member may totally drop medical insurance and take the full allotment of
medical benefits as taxable cash.
a) Effective January 1, 2010, the monthly contribution will be One Thousand and
Sixteen Dollars and 58 cents ($1,016.58). Effective January 2011 and January
2012, the City shall amend its Cafeteria Plan contribution by an amount equal to
the change in the contribution for non -represented employee contributions.
Unit employees may elect to participate in the Healthcare Flexible Spending Account
program subject to the IRS maximum (currently $5,000 per calendar year).
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Article 11 Retiree Health Insurance — (EXISTING with modified language)
Employees hired on or after January 1, 2008 shall receive PERS minimum health care
contribution upon retirement from the City and eligibility for PERS retiree health
coverage. There will be no change in retiree health care contributions for regular
employees hired prior to January 1, 2008.
Article 12 Retirement — (EXISTING with modified language)
The City of Santa Clarita is a contracting agency of the California Public Employees
Retirement System (CalPERS).
Retirement Benefits:
1. 2.7% @ 55 Formula
2. Military Service Credit as Public Service (purchased by employee)
3. Prior Service Limit Current Employee (purchased by employee)
4. Pre -retirement Death Benefit/Remarriage
5. Section 21574.5 Indexed Level 1959 Survivor Benefit
The City has implemented the 2.7 cr 55 retirement formula. Concurrently, salaries were
reduced by a total of two (2%) percent.
Article 13 Life Insurance — (EXISTING with modified languge)
The City of Santa Clarita carries a group life insurance plan paid for by the City. The
policy contains a one times annual salary life insurance benefit and includes accidental
death or dismemberment. Employees also have the option of purchasing supplemental
life insurance for themselves, their spouses, and their children through the same carrier,
which provides the group life insurance plan. The pamphlets distributed at orientation
describe these plans in greater detail. Employees may apply for supplemental insurance
at any time during the year with approval being determined by the City's insurance
carrier.
Article 14 Miscellaneous Provisions
A. Deferred Compensation Program - (EXISTING with modified language)
A deferred compensation program is offered to all Unit Members. The program
offers a choice of several duality investment options. Each Unit Member Is
eligible for an individually designed deferred compensation plan. Further
information regarding this program can be obtained by contacting Human
Resources. Upon request, the City will meet and confer with the Union on the
reallocation of any across the board increases provided pursuant to Article 15A to
deferred compensation.
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B. Credit Union — (EXISTING with modified language)
Unit Members are eligible to join several local credit unions. Information about
available credit unions is distributed during orientation and available from Human
Resources.
C. Educational Assistance - (EXISTING with modified language)
The Educational Assistance Program offered to all Unit Members. Tuition,
application, registration and book fees will be reimbursed to at the rate of seventy-
five
eventy-
fve (75%) percent of the actual cost up to a maximum of one thousand five
hundred ($1,500.00) dollars per fiscal year for study toward an Associate's
degree, up to two thousand ($2,000.00) dollars per fiscal year for study toward a
Bachelor's degree, and up to two thousand five hundred ($2,500.00) dollars per
fiscal year for study toward a Master's or Doctoral degree. Refer to the City's
Education Assistance Program policy for additional information.
D. Issues Committee (EXISTING with modified language)
The City and.Union agree to maintain the Issues Committee made up of Unit and
Management Members. The Committee shall meet at least quarterly and have an
established agenda. Either the Union or the City may request additional Issues
Committee meetings.
The purpose of this committee will be to regularly discuss issues of concern to
both the Union and the City.
The meeting schedule will be set in advance and the dates agreed to by both sides.
Any agenda items from the City or Union will be submitted to the Human
Resources Manager one week prior to the scheduled meeting, and an agenda will
be distributed to all parties prior to the meeting.
Three SEIU members plus the Union representative will participate, as will four
employees representing City management. Each side can bring additional
employees or experts as needed for relevant subject matter. Prior notification to
the other side will be provided, and failure to provide advance notification may
result in the additional employee or expert being excluded from the meeting. Any
meeting cancellations should be made known to the other party at least 24 hours
in advance of scheduled meetings or as soon as possible.
E. Personnel Folders — (EXISTING)
a) Upon request, a Unit Member shall be entitled to review the contents of
his/her Personnel folder.
b) No documents shall be placed in a Unit Members file without providing
the Unit Member a copy.
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F. Evaluations — (EXISTING)
Management shall issue evaluations in a timely manner. If an evaluation has not
been completed within forty-five (45) calendar days after an employee's
anniversary date, they will be advanced to the next step in the salary schedule not
to exceed the top step of the range.
The City shall amend its layoff language to exclude evaluations from
consideration in determining layoff order.
G. Standby Duty Procedure — (EXISTING)
When determined necessary by the Department Head, individuals will be assigned
stand-by duty. It shall be the responsibility of this individual to receive calls for
after-hours services and be the initial responder to those calls. This individual
shall also have the responsibility to assess the needs of the situation and react to
the situation accordingly. Assignments may be made on a daily or weekly basis.
Whenever possible, volunteers will be utilized for stand-by duty.
The stand-by employee shall be assigned a City vehicle, cell phone and pager to
be carried at all times and used in the performance of his assigned duties. It is
essential to be able to reach the individual at all times and that they will remain
within the required 45 minute response time to the City. The employee on stand-
by duty is prohibited from personal use of the assigned City vehicle with the
exception of commuting to the work site or for de minimus personal use (such as
stopping for a personal errand within the 45 minute response area). However, at
no time shall non -City employees operate or ride in the City vehicle. At all times
the employee on stand-by duty is to behave in a manner that reflects favorably
upon the City and community they represent. Individuals assigned stand-by duty
shall refrain from use of alcohol or any other activity which would impair their
ability to perform necessary job duties.
Only employees with necessary training and experience in emergency field
response may serve stand-by duty.
Employees on stand-by duty shall be compensated an hourly rate of $2.00 for
each hour outside the normal workday for the period they are on standby status. If
an employee is off from work on sick leave, but was scheduled to be on standby
duty, the standby duty will be removed effective when the employee's sick leave
begins. Standby duty may resume when the employee returns to work. When the
stand-by duty employee receives a call, their pay status shall be changed to their
normal overtime rate. The overtime rate shall continue until the needs have been
met and they are returned to stand-by status. However, the individual shall
receive a minimum of four (4) hours credited towards time worked or actual time,
IV,
whichever is greater, commencing from the time the stand-by duty employee
begins his travel to the work site.
The stand-by duty employee shall be responsible for analyzing the situation,
determining the resources needed to accommodate the situation and for
acquisition of those resources. The employee will also be responsible for
notifying his supervisor of the situations. The employee will use his experience
and discretion when allocating resources and notifying supervisory personnel.
A stand-by list shall be prepared monthly indicating all the individuals assigned
stand-by duty. All stand-by duty personnel will receive a copy of this list and will
keep it with them at all times. Upon determination by a stand-by duty employee
called out to respond that additional personnel are needed for response to a
specific situation, those individuals on the stand-by list will first be contacted for
call -out. Supervisory contact is required for authorization of call -out of additional
personnel.
Should the stand-by duty employee be unable to complete their duties at any time
during their assignment, he shall immediately notify his supervisor. A minimum
24-hour notification is required whenever possible.
Stand-by duty employees, upon being called out to a work site, shall, at all times
respond in uniform and with proper safety clothing and equipment at all times.
11. Boot Allowance (EXISTING with modified language)
Effective January 2010, the City allowance shall be Two Hundred and Twenty -
Five ($225) Dollars per calendar year, paid one-half in January and one half in
July. Boot allowance must be used to purchase footwear that meets the safety
specifications for the employee's position. Products directly related to the care of'
boots may be purchased by the employee using boot allowance money.
Lmployees are responsible for replacing approved boots as necessary.
Rest Periods (EXISTING)
Every employee shall be granted -a minimum of fifteen minutes rest period in each
full (five hours for alternative schedules) four hour period; however that no such
rest period shall be taken during the first or last hour of an employee's working
day nor in excess of fifteen minutes without the express consent of the designated
supervisor.
Management reserves the right to suspend any rest period or any portion thereof
during an emergency. Any rest period so suspended or not taken at the time
permitted shall not be accumulated or carried over from one day to any
subsequent day nor compensated for in any form.
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J. Safety (EXISTING)
Management will make every reasonable effort to provide safe working
conditions, and the Union will encourage all employees in this Unit to perform
their duties in a safe manner.
Article 15 Compensation
A. Salary — (EXISTING with modified language)
Effective January 2010, January 2011 and January 2012, the salaries for
represented employees shall be increased by an amount equal to the across the
board increase provided to non -represented employees.
B. Certificate/License Pay (EXISTING with modified language)
Certificate/license pay for holders of a Class A and/or B license will receive $60 a
month. Pay for all other certificates/licenses will be $30 a month. A full list of
agreed upon certificates/licenses are listed in the Certificate Pay Agreement.
C. Call -Back Duty — (EXISTING)
Any employee called back to work for unscheduled overtime not contiguous to
their regular work hours shall be credited with four (4) hours of time worked or
pay for the time actually worked, whichever is greater.
1). Compensatory Time - (EXISTING with modified language)
The basic form of compensation for earned overtime will be cash. Unit
employees may request, and the Director or Division Manager may approve or
disapprove, requests that overtime be compensated in compensatory time off at
the rate of one and one half (1.5) the hours worked. The maximum accrual of
compensatory time shall be forty (40) hours for any employee. Once the forty
(40) hour limit is reached, all overtime will be compensated in cash.
Employees may request to use compensatory time off subject to the same rules for
approval of vacation with the exception of the above provision. Any unused
compensatory time off in excess of 1.0 hours as of December 31S` of any year
shall be paid in cash, unless the employee requests that it be carried over to the
next calendar year. Compensatory time off of 1.0 hours or less will be carried
over.
E. Shift Differential - (EXISTING)
Effective upon the ratification of this agreement, employees whose regular work
schedule includes Saturday and Sunday shifts shall receive an additional two and
ire
one-half percent (2.5%) of base pay. Upon moving to a position that does not
include a Saturday and Sunday shift or upon changing to work schedule that does
not include a Saturday and Sunday shift, the 2.5% shift differential will be
removed effective with the date of the change.
F. Out -of -Class Pay - (EXISTING)
Personnel Rule XII. Section 7 Out of Class Assignment shall be amended to read:
With the approval of the City Manager, regular or probationary employees may
be assigned to a higher level classification in the case of unusual extended leaves
and/or vacancies of 15 consecutive calendar days or more as a professional
growth and development opportunity. Assignment must last for a minimum of 15
consecutive calendar days to a maximum of six consecutive months. The City
Manager may approve extending the length of an assignment. Employees
appointed to an Out -of -Class Assignment will be compensated, at City Manager
discretion, at not less than a 5% increase over their current salary, to a maximum
of E step of the higher level classification. Benefit levels will remain unchanged
for the duration of the Out -of -Class Assignment. Compensation changes will be
effective with the first day of the Out -of -Class Assignment.
Article 16 Written Reprimands (EXISTING with modified language)
After receipt of written reprimand, the employee may request a review of the reprimand
to the issuing authority within five (5) working days. Said review may include an oral
response and/or a written response. The issuing authority's decision may be to rescind
the document, to modify the document or to attach the employee's written response to the
document with no change in content. The employee shall be notified, in writing, of the
decision of the issuing authority. The employee may request that said decision be
reviewed by the Director, if applicable, within five (5) days after said notification. The
same review process shall be conducted as stated above. The employee may request the
above decision be reviewed by the Human Resources Manager, within five (5) days after
said notification. The same review process shall be conducted as stated above. The
decision of the Human Resources Manager shall be final with no further review of the
reprimand or warning.
17-mployees may also request, in the absence of any further disciplinary or performance
issues of a similar nature for a period of two (2) years, that a written reprimand be
removed from their personnel file. Such request may be granted at the discretion of the
Human Resources Manager. If said request is denied, the Human Resources Manager will
provide a written reason for the denial to the employee.
Article 17 Performance Evaluations (EXISTING)
After receipt of performance evaluation, the employee may request a review of the
evaluation to the issuing authority within five (5) working days. Said review shall
include a written response. The issuing authority's decision may be to rescind the
17
evaluation, to modify the document or to attach the employee's written response to the
evaluation with no change in content. The employee shall be notified, orally or in
writing, of the decision of the issuing authority. Employees may request that the Human
Resources Manager review their evaluation with their Director within five (5) days after
said notification. The same review process shall be conducted as stated above. The
decision of the Director shall be final with no further review of the evaluation.
Article 18 Voluntary Political Contributions (EXISTING)
The City agrees to allow employees to make voluntary political contributions to the
Union's Political Action Committee through payroll deduction. Any employee interested
in making such contributions shall authorize the City in writing on a form, which clearly
indicates that the funds will be used for political purposes and that the contribution is
voluntary in nature. The Union will abide by all Federal and State laws regulating such
contributions and shall indemnify the City in the event of litigation arising from this
provision.
Article 19 Contracting Out Unit Work — (EXISTING)
The City agrees that no bargaining Unit work will be contracted out if it would result in
the displacement of Unit employees during the term of this Agreement, unless the City
has given prior notice to the Union prior to the formal solicitation of bids and met and
conferred on the impact of the contracting out.
Article 20 Reopener — Personnel Rules — (EXISTING)
Upon completion, the City will forward to the Union revised personnel rules. Upon
request, the City will meet and confer with the Union of any portion(s) of the rules falling
within the scope of representation.
Article 21 Severability — (EXISTING)
In the event that a court finds any provision(s) of this MOU to be invalid, the parties
agree that the remaining provisions remain in effect.
Article 22 Full Understanding (EXISTING)
It is understood this Agreement represents the complete and final understanding on all
negotiable issues between the City and the Union. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Union, except as specifically referred to in this Agreement. All ordinances,
resolutions or rules not specifically referred to in this Agreement shall not be superseded,
modified or repealed by implication or otherwise by the provisions hereof. The parties
for the term of this Agreement, voluntarily and unqualifiedly agree to waive the
obligation to negotiate with respect to any practice, subject or matter which may not have
been within the knowledge of the parties at the time this Agreement was negotiated and
signed. In the event any new practice, subject or matter arises during the term of this
Agreement and any action is proposed by the City, the Union shall be afforded notice and
shall have a right to meet and confer upon their request. In the absence of agreement on
such proposed actions, the City reserves the right to take the necessary action by
management direction.
Article 23 Contract Term — (EXISTING with date and name changes)
The term of this contract shall be for a period of three (3) years beginning January 1,
2010 and ending December 31, 2012.
CITY OF SANTA CLARITA
Ken Pulskamp, City Manager
Ken Striplin, Assistant City Manager/
Personnel Officer
Jennifer Curtis, Human Resources Manager
Roland Leclair, Park Administrator
Byron Moline, General Services Manager
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SERVICE EMPLOYEES INTER-
NATIONAL UNION (Local 721)
Rose Rangel, Negotiator
Paul Jones, President
Building Inspector
Paul Santana, Vice -President
Street Maintenance Worker
Russ Wells, Treasurer
Groundskeeper I