HomeMy WebLinkAboutE-16 - Amended and Restated MOU, SEIUCONSENT ITEM
E-16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: AMELIA AYALA, DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT
DATE: JUNE 6, 2016
SUBJECT: APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE SERVICE EMPLOYEES
INTERNATIONAL UNION – LOCAL 721 (SEIU)
SUMMARY:
The City’s Memorandum of Understanding (MOU) with the Service Employees International Union –
Local 721 (SEIU) expired on July 31, 2015. Both parties have been in negotiations and have finally
reached agreement on an amended MOU. The proposed MOU provides for a cost of living adjustment
and makes other substantive changes to the terms and conditions of employment with the SEIU. This
action approves a restated and amended MOU with the SEIU with a contract term through June 30,
2018.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1)Approve amended and restated Memorandum of Understanding between the City and the
Service Employees International Union – Local 721 (SEIU); and
2)Authorize the City Manager to execute the amended and restated Memorandum of
Understanding, in a form acceptable to the City Attorney, on behalf of the City.
DISCUSSION:
The MOU between the City and the SEIU expired on July 31, 2015. The City’s negotiating team,
consisting of the Director of Human Resources/Risk Management and the Management Analyst to the
City Manager have been in negotiations with the SEIU for the past several months. The parties have
finally reached agreement on the following key compensation and benefit adjustments:
APPROVED COUNCIL
MEETING 6/6/2016
Amended and Restated MOU (SEIU)
June 6, 2016
Page 2
Compensation and Benefit Adjustments
Contract Term August 1, 2015 through June 30, 2018
Cost of Living Adjustment
(COLA)
Fiscal Year 2015-2016: 2% Retroactive
Fiscal Year 2016-2017: 2%
Fiscal Year 2017-2018: 1%
California Public Employees'
Retirement System (CalPERS)
Employee Contribution
Effective second pay period after adoption, employees will
contribute an additional 2% towards PERS, which will equal a
total of 7% PERS contribution for SEIU members
In addition to the key compensation and benefit adjustments, the proposed MOU includes a number of
other provisions that the parties have reached agreement on. These provisions include:
New Hires Current Employees
Flexible Spending
(Monthly) Up to $1,200 (premiums only) $1,346
Sick Leave Cash Out No cash out value; allow use for PERS
service credit
PERS Service Credit Only
Accrual Caps Sick leave Cap: 960 hours, no
conversion to cash;
Vacation Cap: 300 hours-cash out
available to lower balance
Sick leave Cap: No cap.
Vacation Cap: Based on years of
services
The proposed MOU also includes reopener language that will enable the parties to meet to discuss
specific issues during the term of the MOU. The specific issues to be discussed include:
Issue All Employees
Retiree Medical Trust Re-opener to be held once plan is in place.
Special Pay Plan Re-opener to be held once plan is in place.
ACA-Cadillac Tax Re-opener to be held in the event City’s medical benefit is subject to ACA
Cadillac Tax.
Amended and Restated MOU (SEIU)
June 6, 2016
Page 3
FISCAL IMPACT:
The total net cost to the General Fund for the aforementioned SEIU adjustments is estimated at $7,610
and the total net cost to non-general fund is estimated at $106,590.
Prepared by: Reviewed and Approved:
Louie F. Lacasella Amelia Ayala
Management Analyst Director of Human Resources & Risk Management
Fiscal Impact Reviewed By: Reviewed and Approved:
Talika M. Johnson Troy L. Butzlaff, ICMA-CM
Director of Finance City Manager
Attachment:
1) Amended and Restated Memorandum of Understanding between the City and the Service
Employees International Union – Local 721 (SEIU)
— i —
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 721
AUGUST 1, 2015 THROUGH JUNE 30, 2018
ATTACHMENT 1
Memorandum of Understanding — SEIU Local 721
— ii —
TABLE OF CONTENTS
1. TERM OF MEMORANDUM OF UNDERSTANDING ............................................ 2
2. IMPLEMENTATION ..................................................................................................... 2
3. SAVINGS CLAUSE ........................................................................................................ 2
4. TOTAL COMPENSATION ........................................................................................... 2
5. EMPLOYEE RIGHTS ..................................................................................................... 2
5.1 Protection of Rights ............................................................................................. 2
5.2 Anti-Discrimination ............................................................................................. 3
6. UNION RIGHTS ............................................................................................................. 3
6.1 Agency Shop ......................................................................................................... 3
6.2 Maintenance of Membership .............................................................................. 5
6.3 Reporting Requirements ..................................................................................... 5
6.4 Visits by Union Representatives ........................................................................ 5
6.5 Use of City Facilities and Equipment ................................................................ 6
6.6 Communication Access ....................................................................................... 6
6.7 Union Steward Program ..................................................................................... 6
6.8 Union Release Time ............................................................................................. 7
6.9 Contract Negotiations ......................................................................................... 7
7. CITY RIGHTS .................................................................................................................. 8
7.1 Management Rights ............................................................................................. 8
7.2 Conformance with Rules ................................................................................... 10
7.3 Meet and Confer ................................................................................................. 10
8. SEPARABILITY............................................................................................................. 10
9. MAINTENANCE OF EXISTING BENEFITS ............................................................ 10
10. WORKWEEK AND TIMEKEEPING INTERVAL ................................................... 11
10.1 Workweek ........................................................................................................... 11
10.2 Workday .............................................................................................................. 11
10.3 Timekeeping Interval ........................................................................................ 11
11. SALARY ......................................................................................................................... 12
11.1 Salary Increases .................................................................................................. 12
11.2 Automatic Payroll Deposit ............................................................................... 12
11.3 Classification Compensation Study ................................................................ 12
12. ADDITIONAL COMPENSATION/PREMIUM PAY .............................................. 13
12.1 Acting Pay ........................................................................................................... 13
12.2 Bilingual Pay ....................................................................................................... 13
12.3 Callback ............................................................................................................... 14
12.4 Deferred Compensation Plan ........................................................................... 15
August 1, 2015, through June 30, 2018
— iii —
12.5 Equipment Allowance ....................................................................................... 15
12.6 Longevity Premium ........................................................................................... 15
12.7 Overtime/Compensatory Time ........................................................................ 16
12.8 Night Shift Differential ...................................................................................... 17
12.9 Paint Crew ........................................................................................................... 18
12.10 Standby ................................................................................................................ 18
12.11 Uniform Allowance ........................................................................................... 19
12.12 Weekend Assignment ....................................................................................... 19
13. COMPUTER LOAN PROGRAM ............................................................................... 19
14. DAMAGE TO PERSONAL EFFECTS........................................................................ 19
15. EMPLOYEE ASSISTANCE PLAN ............................................................................. 19
16. FLEXIBLE BENEFIT PLAN ......................................................................................... 20
16.1 Definition............................................................................................................. 20
16.2 FBP Contributions .............................................................................................. 20
16.3 Eligibility ............................................................................................................. 21
16.4 Termination ......................................................................................................... 21
16.5 Medical Waiver Option ..................................................................................... 21
16.6 Qualified Benefits ............................................................................................... 22
16.7 Vision Insurance ................................................................................................. 22
16.8 “Cadillac Tax” .................................................................................................... 22
17. LEAVE TYPES ............................................................................................................... 23
17.1 Bereavement Leave ............................................................................................ 23
17.2 Holidays .............................................................................................................. 23
17.3 Industrial Leave .................................................................................................. 24
17.4 Sick Leave ............................................................................................................ 26
17.5 Vacation ............................................................................................................... 32
18. CERTIFICATION AND LICENSE ............................................................................. 33
18.1 City Obligation of Costs .................................................................................... 33
18.2 Certification Incentive ....................................................................................... 34
19. LIFE INSURANCE ....................................................................................................... 34
20. LONG TERM DISABILITY INSURANCE ................................................................ 34
21. RETIREMENT ............................................................................................................... 35
21.1 California Public Employees’ Retirement System ......................................... 35
21.2 Public Agency Retirement System (PARS) .................................................... 38
21.3 Health Insurance During Retirement .............................................................. 38
22. TUITION REIMBURSEMENT .................................................................................... 39
22.1 Objective .............................................................................................................. 39
22.2 Eligibility ............................................................................................................. 39
Memorandum of Understanding — SEIU Local 721
— iv —
22.3 Courses may be eligible if they: ....................................................................... 40
22.4 Reimbursement .................................................................................................. 41
23. FLEXIBLE STAFFING POSITIONS ........................................................................... 42
24. LABOR-MANAGEMENT COMMITTEE ................................................................. 42
25. LAY OFF ........................................................................................................................ 42
EXECUTION OF THE NEW AGREEMENT .......................................................................... 44
August 1, 2015, through June 30, 2018
— 1 —
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION – LOCAL 721
AUGUST 1, 2015 THROUGH JUNE 30, 2018
This Memorandum of Understanding (hereinafter referred to as “MOU”) is entered into
with reference to the following facts:
(1) The Service Employees International Union – Local 721 (hereinafter referred to as
“Union”) is the recognized employee organization representing those personnel
(hereinafter referred to as “employees”) employed by the various departments of
the City of Azusa (hereinafter referred to as “City”), and occupying the
classifications as listed in Exhibit “A,” attached hereto;
(2) In the interest of maintaining harmonious relations between the City and those
employees represented by the Union, authorized representatives of the City and
the Union have met and conferred in good faith, exchanging various proposals
concerning wages, hours and other terms and conditions of employment to
affected employees; and
(3) The authorized representatives of the City and the Union have reached an
understanding and agreement as to certain changes in wages, hours and other
terms and conditions of employment of the affected employees which shall be
submitted to the City Council of the City for approval and implementation of these
changes by appropriate ordinance, resolution, or other lawful action.
(4) It is understood that this MOU shall constitute a bar to any petition or request for
recognition of any classification(s) of employees covered by this MOU.
(5) The parties acknowledge, for the purposes of future interpretation, that in the
course of negotiations for this 2015–2018 MOU, SEIU primarily drafted the
language for new provisions in this current MOU which was then subject to
review, suggested edits, and approval by the City. All language of previously
existing provisions, which were carried over from the prior MOU, was drafted
pursuant to previous negotiations.
Therefore, the City and the Union agree that, subject to approval and implementation
by the City Council of the City, the wages, hours and other terms and conditions of
employment for all affected employees shall be altered as follows:
Memorandum of Understanding — SEIU Local 721
— 2 —
1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this MOU shall commence August 1, 2015 and shall continue in full force
and effect until June 30, 2018.
All provisions of this MOU, except to the extent as allowed by the re-openers expressed
in this MOU shall remain in full force and effect until a new successor MOU has been
agreed upon between the parties.
2. IMPLEMENTATION
This MOU is subject to approval of the City Council of the City of Azusa, and following
such approval shall be implemented by appropriate resolution(s) or ordinance(s) of the
City Council.
3. SAVINGS CLAUSE
Should any State or Federal law mandate the loss of revenue to the City as a result of
the implementation of any clause of this MOU, or should any clause or provision of this
MOU be found to be inoperative, void, or invalid by law or a court of competent
jurisdiction then those changes alone shall not be given effect. In the event of such
invalidation, the City and the Union agree to meet within thirty (30) days from said
invalidation and confer in good faith to determine an alternative and economically
equitable as applicable, clause or provision.
4. TOTAL COMPENSATION
As a matter of philosophy, the Union and the City recognize that compensation consists
of terms and conditions of employment, other than those represented solely by salary.
Further, the City and the Union recognize that the changes in wages, hours and other
terms and conditions of employment as set forth in this MOU constitute additions to the
total compensation received by affected employees.
5. EMPLOYEE RIGHTS
5.1 Protection of Rights
The parties mutually recognize and agree to protect the rights of all employees
hereby to join and/or participate in protected union activities, or to refrain from
joining or participating in protected activities in accordance with Government Code
Section 3500, et seq.
August 1, 2015, through June 30, 2018
— 3 —
5.2 Anti-Discrimination
The City and the Union agree they shall not discriminate against any employee
because of race, color, sex, sexual orientation, gender identity or expression,
religious or political affiliation, creed, citizenship status, military or veteran service
status, marital status, pregnancy, age (over 40), national origin, ancestry, medical
condition, physical or mental disability, or any other basis protected by federal, state
or local laws. The City and the Union shall reopen any provisions of this Agreement
for the purpose of complying with any final order of the federal or state agency or
court of competent jurisdiction requiring a modification or change in any provision
or provisions of this Agreement in compliance with state or federal anti-
discrimination laws.
6. UNION RIGHTS
6.1 Agency Shop
The City and the Union mutually understand and agree that pursuant to
Government Code Section 3502.5, all employees in the unit have the right to join, or
not join, the Union. The parties have agreed to an agency shop arrangement, which
requires that as a condition of continuing employment, employees in the unit must
either join the Union, pay to the Union a service fee in lieu thereof, or establish a
religious exemption there from.
6.1.1 Indemnification
The Union agrees to hold the City harmless and indemnify the City against
claims, causes of action or lawsuits arising out of the deductions or
transmittal of such funds to the Union, except for the intentional failure of the
City to transmit to the Union monies deducted from the employees pursuant
to this Article.
6.1.2 Payroll Deductions
To extent the funds are available and such deductions are allowed by law, the
City shall deduct on a regular basis from the pay of all employees in the
classifications and positions recognized to be represented by the Union, funds
for membership dues, service fees, political contributions, and/or religious
exemption donations. The City shall remit such funds to the Union within
thirty (30) days following their deduction. As applicable, the Union shall
Memorandum of Understanding — SEIU Local 721
— 4 —
notify the City of any change(s) in the amount(s) of such deductions within
thirty (30) days of the employee’s written request to the Union.
6.1.2.1 Membership Dues
The City shall deduct union membership dues, in an amount as
determined by the Union, from the paycheck of each employee who
voluntarily authorizes such deductions in writing, on a form to be
provided for this purpose.
6.1.2.2 Service Fees
The City shall automatically deduct a service fee, in an amount as
determined by the Union but not to exceed the regular dues rate,
from the paycheck of each employee, who does not join the Union or
receive a religious exemption, within fourteen (14) days of entering
the bargaining unit.
6.1.2.3 Committee on Political Education (COPE)
The City shall deduct amount(s), if any, as determined by the
employee, from the paycheck of each employee who voluntarily
authorized such deduction(s) in writing, on a form to be provided for
this purpose.
6.1.2.4 Religious Objectors
The City shall deduct an amount equal to the service fee from the
paycheck of each employee who receives a religious exemption. To
receive a religious exemption, the employee must be a member of a
bona fide religion, body, or sect which has historically held
conscientious objections to joining or financially supporting public
employee organizations. Such employees shall be required to submit
a written request for exemption to the Union. Upon approval of such
request, the Union shall submit the funds to a non-religious, non-
charitable fund of the employee’s choosing which is exempt from
taxation under the IRS.
August 1, 2015, through June 30, 2018
— 5 —
6.2 Maintenance of Membership
6.2.1 All unit members who, on August 1, 2010 or thereafter, are members
of the Union in good standing shall maintain membership in the
Union, including payroll deductions in Section 6.1.2.1 above, for the
term of this MOU, except as otherwise provided below.
6.2.2 The Union hereby agrees to hold harmless the City of Azusa and its
officers and employees from any claim loss or liability or cause of
action of any nature whatsoever arising out of the implementation of
this article.
6.2.3 Every employee who is a member of the Union shall have the right to
withdraw from membership between June 1st and June 15th in the
year of expiration of this MOU. To withdraw from membership, the
employee shall notify SEIU, in writing, of their termination of
authorization for union dues payroll deductions. Such notification
shall be delivered in person, or by United States mail, and should be
in the form of a letter, signed and dated by the individual employee,
containing the following information: employee name, employee
identification number, job classification, employer’s name, and a
statement of request to cancel union dues payroll deductions for
SEIU.
6.3 Reporting Requirements
The City shall notify SEIU of all new employees hired, promoted, demoted, and
transferred by the City, who are represented under this MOU. The City shall
provide the following information for each employee within fourteen (14) business
days of such change in employment status: full name, employee identification
number, date of hire, effective date of change in employment status, home address,
mailing address (if different), home phone number, cell phone number (if known),
classification, work location, work phone numbers, salary step, and rate of pay.
6.4 Visits by Union Representatives
Representatives from the Union will be granted reasonable access to City facilities
and employees in the bargaining unit for the purpose of investigating grievances
and to conduct official union business. The visits shall not interfere with the normal
operations of the City.
Memorandum of Understanding — SEIU Local 721
— 6 —
6.5 Use of City Facilities and Equipment
The City agrees to permit the reasonable and limited use of City facilities and
equipment by Union representatives for conducting official union business. The use
of City facilities must be scheduled in advance by contacting the Human Resources
Director, appropriate Department Head, or designee. The date, time, location, and
intervals of such meetings shall be mutually agreed upon by the parties.
6.6 Communication Access
6.6.1 Bulletin Boards
The City will provide bulletin boards to post notices regarding union
business only. These bulletin boards will be maintained by the Union in an
orderly manner. All material posted must be dated and contain the initials of
a union representative.
6.6.2 Electronic Messages
Union representatives will be allowed reasonable use of the City’s e-mail
system to communicate with unit employees regarding union business.
6.7 Union Steward Program
The Union may elect or appoint up to two (2) stewards in the City. Stewards are
recognized as representatives of SEIU in the City with the power to bind SEIU in all
matters pertaining to this MOU. The Union agrees to notify the City in writing of
the names of its stewards and the effective dates of their election or appointment.
There shall be no union activity on City time or premises, except as provided for in
this MOU or by applicable law(s). A steward is permitted paid release time during
regularly scheduled working hours, without any loss of compensation or benefits, to
represent SEIU in grievances, administrative interviews, Skelly conferences,
arbitration, hearings or conferences required by the Public Employee Relations
Board (PERB), court, or depositions necessary and consistent with the
representational rights granted by the Meyers-Milias-Brown Act (MMBA), as would
legally require such pay. Upon request, Stewards shall also be permitted a
reasonable amount of preparation time pursuant to this provision. A steward will
not absent himself/herself from work without first obtaining the permission of
his/her supervisor. To obtain permission, the steward shall identify: a) the specific
reason for requesting permission, b) the employee(s) to be represented, and c) the
August 1, 2015, through June 30, 2018
— 7 —
general issue involved. The employee shall wait to receive permission before leaving
work. The Union agrees City services should not be negatively affected by any
steward activity permitted by this provision. Subject to the foregoing, the City
agrees to not unreasonably withhold permission.
Stewards shall not be entitled to make any claim for compensation for time spent on
steward business during the steward’s non-regular working hours.
6.8 Union Release Time
Chapter Board Members and Stewards will each be allowed a paid leave of absence,
for up to one (1) shift per month, for Union Release Time to attend meetings and/or
training. Such Union Release Time may accrue for up to a maximum of eighty (80)
hours each calendar year. There shall be no more than two (2) unit employees on a
paid leave of absence for Union Release Time at any given time. SEIU agrees City
services should not be negatively affected by the use of Union Release Time and the
use of such time is subject to prior written approval by the employee’s supervisor.
Subject to the foregoing, the City agrees to not unreasonably withhold permission.
In addition, an employee elected, or appointed, as an Executive Board Member shall
be allowed a paid leave of absence for one (1) shift per month for the purpose of
traveling to, and attending, the monthly Executive Board meetings.
An employee on Union Release Time will remain on the City’s payroll and continue
to be eligible for all compensation, benefits, and accruals in the same manner as if
he/she were actively working. The City will continue to pay for the employee’s
compensation and for benefits provided to the employee during hours reported as
Union Release Time.
6.9 Contract Negotiations
The City shall release no more than two (2) primary unit employees, and up to two
(2) alternate unit employees who will be released only in the event the primaries are
unavailable, to participate in collective bargaining with the City. The employee(s)
shall be permitted to attend bargaining sessions and any required caucus time
during regularly scheduled work hours. Such unit employee(s) attending a
scheduled bargaining session or caucus time shall continue to be eligible for all
compensation, benefits, and accruals in the same manner as if he/she were actively
working on that date. There shall be no overtime compensation for meetings which
are held outside of regularly scheduled work hours.
Memorandum of Understanding — SEIU Local 721
— 8 —
7. CITY RIGHTS
7.1 Management Rights
The City reserves, retains and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provision(s) of this
MOU or by law to manage the City, as such rights existed prior to the execution of
this MOU. The sole and exclusive rights of Management, as they are not abridged by
this MOU or by law, shall include, but not be limited to, the following:
7.1.1 To manage the City generally and to determine the issues of policy.
7.1.2 To determine the existence or nonexistence of facts which are the
basis of the Management decision.
7.1.3 To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
7.1.4 To determine the nature, manner, means and technology, and extent
of services to be provided to the public.
7.1.5 To determine methods of financing.
7.1.6 To determine types of equipment or technology to be used.
7.1.7 To determine and/or change the facilities, methods, technology,
means, and size of the work force by which the City operations are to
be conducted.
7.1.8 To determine and change the number of locations, relocations, and
types of operations, processes and materials to be used in carrying
out all City functions including, but not limited to, the right to
contract for or subcontract any work or operations of the City;
provided, however:
7.1.8.1 City will bargain about effects of any decision to contract out
work historically performed by unit members.
7.1.8.2 Except in the case of a bona fide emergency, City will
provide a minimum ninety (90) calendar day advance notice
on any proposed contracting out of work historically
performed by unit members and will commence meeting
August 1, 2015, through June 30, 2018
— 9 —
and conferring over the effects within ten (10) business days,
excluding holidays, of said notice.
7.1.8.3 If a proposed contractor pays less than the economic value of
City employee’s wages and economic benefits, the City will
notify the Union and, at a time when such discussions
would be meaningful, informally discuss alternatives to
contracting out with the Union. The parties agree to conduct
discussions in good faith, but acknowledge that this is not
bargaining (meet and confer).
7.1.9 To assign work to and schedule employees in accordance with
requirements as determined by the City and to establish and change
work schedules and assignments.
7.1.10 To relieve employees from duties for lack of funds or lack of work or
similar non-disciplinary reasons.
7.1.11 To establish and modify productivity and performance programs
and standards.
7.1.12 To discharge, suspend, demote or otherwise discipline employees for
proper cause.
7.1.13 To determine job classification and to reclassify employees.
7.1.14 To hire, transfer, promote or demote employees for non-disciplinary
reasons in accordance with this MOU and applicable Resolutions and
Codes of the City.
7.1.15 To determine policies, procedures and standards for selection,
training and promotion of employees.
7.1.16 To establish employee performance standards including, but not
limited to, quality and quantity standards and to require compliance
therewith.
7.1.17 To maintain order and efficiency in its facilities and operation.
Memorandum of Understanding — SEIU Local 721
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7.1.18 To establish and promulgate and/or modify rules and regulations to
maintain order and safety in the City which are not in contravention
with this Agreement.
7.1.19 To take any and all necessary action to carry out the mission of the
City in emergencies.
7.2 Conformance with Rules
The City shall have the right to exercise the rights provided in Sections 7.1.9 through
7.1.16 of the Management rights clause, in accordance with the Personnel Rules and
Regulations as they exist as of May 16, 1988, and shall exercise these rights in
conformance with the Personnel Rules and Regulations.
7.3 Meet and Confer
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of
Management’s rights shall impact on employees of the bargaining unit, the City
agrees to meet and confer with representatives of the Union regarding the impact of
the exercise of such rights, unless that matter of the exercise of such rights is
provided for in this MOU, or in Personnel Rules and Salary Resolutions and
Administrative Code(s) which are incorporated in this Agreement. By agreeing to
meet and confer with the Union as to the impact and the exercise of any of the
foregoing City Rights, Management’s discretion in the exercise of these rights shall
not be diminished.
8. SEPARABILITY
Should any provisions of this MOU be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this MOU shall remain in full
force and effect for the duration of this MOU.
9. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all wages, hours and economic terms and conditions of
employment presently enjoyed by employees shall remain in full force and effect
during the entire term of this MOU, unless mutually agreed to the contrary by both
parties hereto.
August 1, 2015, through June 30, 2018
— 11 —
10. WORKWEEK AND TIMEKEEPING INTERVAL
10.1 Workweek
The regular workweek for all employees covered by this MOU shall be forty (40)
hours for a seven (7) day period beginning at 12:01 A.M. each Sunday and shall
consist of four (4) consecutive days a week and ten (10) hours per day.
Within certain departments there exists a compelling need for certain employees to
work a five (5) day forty (40) hour week. Upon a clear showing of need and with the
affected employees consent, the department head may schedule employees
accordingly.
Daily hours of work or shifts for employees within departments shall be assigned by
the department head, as required to meet the needs of the department.
10.1.1 Notwithstanding 10.1, the City may maintain a five (5), eight (8) hour
days per week schedule for employees currently assigned to such a
schedule. Further, the City may assign a five (5), eight (8) hour per
week schedule to employees preferring to work such a schedule.
10.2 Workday
Except as provided in 10.1.1, the workday will consist of ten and one half (10½)
hours, with break periods, to be scheduled in light of the departmental policy, as
follows:
One (1) forty (40) minute meal break
Two (2) fifteen (15) minute rest breaks
Two (2) fifteen (15) minute “wash-up” times may be taken, as needed, prior
to starting the meal period and at end of shift
The City reserves the right to determine the beginning and ending times of the
workday.
10.3 Timekeeping Interval
In compliance with the Fair Labor Standards Act (FLSA), the minimum timekeeping
interval shall be fifteen (15) minutes. Periods of time of seven (7) minutes or less
Memorandum of Understanding — SEIU Local 721
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shall be rounded down, and periods of time of eight (8) minutes or more shall be
rounded up.
11. SALARY
11.1 Salary Increases
Employees covered by this Agreement who are on the payroll on the following dates
shall receive pay increases as shown. The salary ranges in effect during the term of
this MOU are reflected in Exhibit “A.”
11.1.1 Effective August 1, 2015, there shall be a two percent (2.0%)
adjustment in the salary for all classifications and steps for
employees represented by this agreement.
11.1.2 Effective July 1, 2016, there shall be a two percent (2.0%) adjustment
in the salary for all classifications and steps for employees
represented by this agreement.
11.1.3 Effective July 1, 2017, there shall be a one percent (1.0%) adjustment
in the salary for all classifications and steps for employees
represented by this agreement.
11.2 Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any
bank that utilizes the Automated Clearing House service.
11.3 Classification Compensation Study
The City agrees to complete a comprehensive Classification Compensation Study
(Study) on all represented classifications prior to the end of calendar year 2016. The
Study shall be based on total compensation, including but not limited to base salary,
premium pay, and benefits. The City agrees to provide the Union with the portion of
the Study relevant to its bargaining unit within a reasonable time following the
Study’s completion.
Upon request, the parties shall re-open negotiations regarding the results and
recommendations of the Study. It is expressly understood by both parties that this
re-opener does not obligate the unit to anything more than a good faith discussion
on the issue and that no changes shall be implemented without mutual agreement.
August 1, 2015, through June 30, 2018
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Absent such mutual agreement by both parties, the status quo (all wages, benefits,
economic and non-economic terms and conditions of employment presently enjoyed
by employees as negotiated upon the effective date of this MOU) shall remain in full
force and effect.
12. ADDITIONAL COMPENSATION/PREMIUM PAY
12.1 Acting Pay
An employee who is temporarily assigned, with prior approval of the department
head, the duties of a position in a higher class for a period of more than forty (40)
consecutive working hours shall be paid at the lowest range for the higher level class
which provides at least a five percent (5%) increase, but which does not exceed the
top step of the range for the higher class. An employee who meets the forty (40)
hour requirement shall be paid at the higher rate from the first day of the temporary
assignment.
An employee shall not continue acting in a temporary assignment for more than
ninety (90) working days in any fiscal year.
An employee otherwise eligible for acting pay shall not be eligible during scheduled
periods of Vacation Leave or when on Sick Leave.
The City shall not repeatedly assign employees to a position in a higher class for
periods less than forty (40) consecutive working hours in a manner which, as a
practical matter, precludes employees from being paid at a higher rate.
Moreover, the City affirms that it shall not use the repeated scheduling of employees
to work in a position in a higher class for less than forty (40) consecutive working
hours principally as a cost-saving measure.
12.2 Bilingual Pay
The City shall pay an additional one hundred dollars ($100.00) per month to
employees demonstrating a proficiency in a foreign language if they are assigned
and required to speak and translate the foreign language in the performance of their
duties.
An additional payment of one hundred dollars ($100.00) per month shall be paid to
those employees who are proficient in writing the foreign language as well. Such
Memorandum of Understanding — SEIU Local 721
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payment is conditional upon demonstration of proficiency by a qualified third-party
examiner mutually agreed upon by both the City and the Union.
Employees may apply for bilingual pay at any time; however, examinations shall be
conducted semi-annually.
12.3 Callback
If an employee is required to be called back to work after completing his/her normal
shift or after having left City premises or the employee’s work location, the
employee shall be compensated at the appropriate rate for each hour worked on
callback with a minimum of three (3) hours callback compensation at the
appropriate rate, regardless of whether the employee actually works less than three
(3) hours. This provision shall be applicable to an employee even though the
employee’s regular work week is not complete but shall not apply to an employee
who is continuing on duty for his/her normal work shift. For the purposes of this
section only, the time starts when the request for callback is received by the
employee.
12.3.1 Appropriate Rate of Pay for Callback
The rate of pay for the first callback during a twenty-four (24) hour period
(defined for this section only as 4:00 P.M. to 4:00 P.M. the next calendar day)
shall be at one and one-half (1½) times the normal rate of pay, except between
12:00 A.M. (midnight) and 5:00 A.M., when the first call shall be compensated
at double-time (2×) rate. All other call backs during the same twenty-four (24)
hour period as defined above shall be compensated at the double-time (2×)
rate. Callbacks may be entered as overtime or as compensatory time off
within applicable limits.
In the event that an employee is summoned to work before 4:00 a.m., he/she
shall be compensated at two (2×) times the normal rate of pay until either
he/she has a six (6) hour rest period.
In the event that an employee is summoned to work between 4:00 A.M. and
5:00 A.M. and is required to continue to work, he/she shall be compensated
one and one-half (1½) times the regular rate of pay for all work performed
after 5:00 a.m. until he/she has a six (6) hour rest period.
August 1, 2015, through June 30, 2018
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All hours worked in excess of twelve (12) consecutive hours shall be
compensated at two (2) times the normal rate until the employee has a six (6)
hour break.
12.4 Deferred Compensation Plan
12.4.1 Employer Paid Contributions
The City shall provide forty-five dollars ($45.00) per month in deferred
compensation to each employee. The employee may opt, once annually on
January 1, as to the investment option to be credited.
12.4.2 Employee Contributions
Employees may opt to make additional contributions, up to the legal limits,
on his/her own behalf into his/her deferred compensation plan.
12.5 Equipment Allowance
The City agrees to provide a personal equipment allowance of two hundred and
thirty-five dollars ($235.00) per employee for up to two (2) pairs of safety
shoes/boots, work-related clothing, equipment, or garments per year. Employees
who are employed for less than the fiscal year shall have their equipment allowance
prorated.
12.6 Longevity Premium
The monthly longevity pay for employees shall be in accordance with the following
schedule:
10 yrs = $085
15 yrs = $175
20 yrs = $250
Notwithstanding the foregoing, employees currently receiving a higher dollar
amount of longevity pay than the amounts provided for above shall continue to
receive the higher dollar amount until eligible for an increase based on the schedule
set forth above.
Memorandum of Understanding — SEIU Local 721
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12.7 Overtime/Compensatory Time
12.7.1 Eligibility
Employees shall be entitled to overtime pay, or compensatory time off, for all
hours worked in excess of ten (10) hours in one (1) work day or forty (40)
hours within the employee’s regular work week. Except as provided
elsewhere in this MOU, overtime shall be calculated at one and a half times
(1.5×) the employee’s FLSA rate of pay. For the purposes of this agreement,
Holiday Pay, Sick Leave, and other compensated time off shall count for the
hours.
12.7.2 Accumulation
12.7.2.1 Compensatory time may be accumulated at the
appropriate rate for each hour of overtime worked to the
maximum accrual rate set by Federal law.
12.7.2.2 Overtime pay or compensatory time off for overtime pay
shall be accumulated in no less than fifteen (15) minutes
per day increments, subject to Section 10.3. When an
employee works less than fifteen (15) minutes per day of
overtime, the employee shall not receive compensatory
time for such overtime.
12.7.2.3 Accumulated compensatory time, not taken off in the pay
period in which it was earned, may be carried over to a
maximum of one hundred sixty (160) hours.
12.7.3 Authorization
Any compensation for overtime hours worked, such overtime work must be
authorized by the department head or the City Manager.
12.7.4 Holiday Double-Time
All hours worked during designated holidays (except for floating holidays),
as defined in Section 17.2, shall be compensated at a premium overtime rate
of two times (2×) the employee’s regular rate of pay.
August 1, 2015, through June 30, 2018
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12.7.5 Overtime Meal Policy
Employees must submit receipts, as may be required by City policy or law, to
receive a meal reimbursement.
12.7.5.1 Beyond Regular Shift
When an employee is required to work continuous, unplanned
overtime beyond his/her regular shift, he/she shall be provided with
a meal, and time to eat the meal, no more than two (2) hours after the
commencement of such work and no less frequently than every four
(4) hours actually worked thereafter, or he/she shall receive a meal
reimbursement of fifteen dollars ($15.00) for each such period.
12.7.5.2 Outside of Regular Shift
When an employee is required to perform scheduled or unscheduled
work outside of his/her regular work hours, as a result of an
emergency situation he/she shall be provided with a meal, and the
time to eat the meal, no less frequently than every four (4) hours, or
he/she shall receive a meal reimbursement of fifteen dollars ($15.00)
for each such four (4) hour period.
12.7.5.3 Before 5:00 A.M.
In the event an employee is summoned to work before 5:00 A.M. and
is required to continue to work into his/her regular shift on the same
task that he/she was summoned for, he/she shall be provided with a
meal, and time to eat the meal, no less frequently than every four (4)
hours, or he/she shall receive a meal reimbursement of fifteen dollars
($15.00) for each such four (4) hour period.
12.8 Night Shift Differential
An employee whose regular shift commences between the hours of 9:00 P.M. and
2:00 A.M. shall receive an additional one dollar ($1.00) per hour for hours worked on
that shift.
Memorandum of Understanding — SEIU Local 721
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12.9 Paint Crew
Any employee, assigned to the paint crew in the Street Maintenance Division of
Public Works, who is scheduled to work after 12:00 A.M. (midnight) will receive an
additional twenty-five cents ($0.25) per hour for each hour worked after that time.
This additional pay constitutes premium pay and is not to be considered as a part of
the employee’s base salary.
12.10 Standby
12.10.1 Definition
An employee shall receive Standby Pay when he/she is required to be
available for work for twenty-four (24) hours a day on seven (7) consecutive
days.
12.10.2 Standby Pay
The City agrees to pay time and one-half (1½) for standby time with a
minimum of two (2) hours per day, which will result in three (3) hours of
regular pay. The hours shall be entered on time sheets as Premium Standby
or Premium Comp Time. Premium Comp time shall be limited to thirty (30)
hours.
12.10.3 Qualifications
The Department Head shall determine which employees are qualified for
standby assignment. If an employee cannot serve on standby due to
insufficient practical knowledge, the Department Head shall make an
alternate assignment.
Standby assignment shall apply to those employees who can show, to the
Department Head’s satisfaction, that he/she can respond to a call out in the
City within one-half (½) hour or less. Qualified employees shall serve on a
rotating basis.
12.10.4 Vehicle Assignment
The City agrees to provide a City vehicle to each employee on Standby. This
assigned vehicle shall not be used for personal business.
August 1, 2015, through June 30, 2018
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12.11 Uniform Allowance
The City shall provide an adequate number of uniforms to each employee at no cost
to the employee. The City shall continue to pay one hundred percent (100%) of the
costs to clean, maintain, repair, and/or replace such uniforms.
12.12 Weekend Assignment
Within certain departments there may exist a need for certain employees to work a
scheduled four (4) consecutive day forty (40) hour workweek which includes
Saturday and/or Sunday. Any employees so assigned shall receive an additional one
dollar ($1.00) per hour for those hours worked on Saturday or Sunday or both if
included within their forty (40) hour work week. This additional pay constitutes
premium pay, and is not to be considered as part of the employee’s base salary.
13. COMPUTER LOAN PROGRAM
Effective upon approval of the MOU by the City Council, the Computer Loan Program
will be terminated and no new participants will be allowed to participate. Any
employee with a remaining loan balance will be responsible for payment in full at time
of separation of employment, or in accordance with an existing payment arrangement.
The failure to make full payment will obligate the employee to pay the City’s attorney’s
fees in any restitution process.
14. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, personal clothing or effects of employees are accidentally
damaged or destroyed, the employee may submit a claim for reimbursement up to one
hundred dollars ($100.00) to the department head or his/her designee. The department
head, or designee, shall have the authority to investigate the claim and recommend to
the City Manager, or his/her designee, to pay the full amount of the claim, deny the
claim, or apportion the claim based on normal wear and tear of the item and/or the
extent of the employee’s negligence in following proper safety procedures. It is
expressly understood that stockings and socks are exempt from this procedure. It is
further expressly understood that prescription eye glasses or contact lenses and hearing
aid devices are exempt from the one hundred dollar ($100.00) limit.
15. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance Plan.
Memorandum of Understanding — SEIU Local 721
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16. FLEXIBLE BENEFIT PLAN
16.1 Definition
Effective August 1, 1993, the City’s existing Cafeteria Benefit Plan (CBP) was
converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either
the City or its designee.
This plan can be used by the employee to pay for qualified benefits as determined
by the IRS and as set forth below. The provisions of this plan, including but not
limited to the excess contribution to deferred compensation plans, are subject to the
availability of such plans and legality of such deposits. In no case will a legal
prohibition be considered a breach of the City’s duty under these provisions.
16.2 FBP Contributions
16.2.1 Amount of Monthly FBP Contribution
16.2.1.1 For employees hired on or before June 30, 2016, the City
will maintain the FBP contribution at one thousand three
hundred and forty-six dollars ($1,346.00) per month for
each employee.
16.2.1.2 For employees hired on or after July 1, 2016, the City will
make an FBP contribution of twelve hundred dollars
($1,200.00) per month for each employee.
16.2.2 Premiums in Excess of FBP Contribution
In the event the total premiums and/or expenses for qualified benefits
selected by the employee exceed the amount of the FBP contribution, the
excess shall be deducted from pre-tax wages of the employee.
16.2.3 FBP Contribution in Excess of Premiums
16.2.3.1 For employees hired on or before June 30, 2016, in the
event there remains any portion of the FBP contribution
after all premiums and/or expenses for qualified benefits
selected by the employee have been paid each month,
then the employee may choose to have the excess amount
paid to him/her or deposited by the City into the
August 1, 2015, through June 30, 2018
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employee’s Deferred Compensation Plan to the extent
such deposit is legally allowable.
16.2.3.2 For employees hired on or after July 1, 2016 any
remaining portion of the FBP contribution, after all
premiums and/or expenses for qualified benefits selected
by the employee have been paid each month, shall be
forfeited.
16.3 Eligibility
In order for an employee to be eligible for the FBP contribution in any given month,
he/she must be on payroll on the first work day (excluding designated holidays) of
that month.
A new employee will be eligible for the full FBP contribution applicable to his/her
bargaining unit if he/she begins work on the first work day (excluding designated
holidays) of the month. An employee whose date of hire is on the second work day
(excluding designated holidays) of the month or thereafter will not be eligible for the
FBP contribution for that month.
If an employee does not meet the qualifying work time in any given month,
arrangements must be made with the Finance Department to reimburse the City for
any benefits that have already been paid out on the employee’s behalf for that
month. The Finance Department will notify the employee if he/she has not met the
qualifying work time for eligibility for the FBP contribution.
16.4 Termination
The City will not be responsible for payment of any qualified benefits on behalf of
the employee following the month of termination. If an employee represented by the
Union wishes to continue his/her qualified benefits, advance payment for such
qualified benefits will be deducted from the employee’s final pay.
16.5 Medical Waiver Option
If an eligible employee elects not to participate in any medical plans provided by the
City and can show adequate proof of approved medical plan coverage, the
employee shall be eligible for a Medical Waiver Option. Such alternative medical
plan coverage must be verified initially and thereafter on an annual basis through
the presentation of a valid medical insurance card, or other reasonable means of
Memorandum of Understanding — SEIU Local 721
— 22 —
verification as approved by the Human Resources Director. Alternative medical
plan coverage must be maintained until the City’s next available open enrollment
period.
16.5.1 For employees hired on or before June 30, 2016, the options are to
have an amount equal to the full FBP contribution amount paid to
the employee, or deposited by the City into the employee’s Deferred
Compensation Plan, each month.
16.5.2 For employees hired on or after July 1, 2016, the options are to have
three hundred dollars ($300.00) paid to the employee, or deposited
by the City into the employee’s Deferred Compensation Plan, each
month.
16.6 Qualified Benefits
An employee may use his/her FBP contribution to purchase a medical health
insurance plan or dental insurance plan provided by the City.
16.7 Vision Insurance
Effective March 1, 2016, the City shall provide a voluntary vision insurance plan for
employees and their eligible family members. If an employee elects to participate in
the vision plan, he/she shall be responsible for paying one hundred percent (100%)
of all premium costs. Such payment may be made via payroll deductions.
16.8 “Cadillac Tax”
In the event provisions of the Affordable Care Act (ACA) require the payment of a
“Cadillac Tax,” during the term of this MOU, on medical insurance benefits
provided by the City, upon request, the parties shall re-open negotiations on the
issue. It is expressly understood by both parties that this re-opener does not obligate
the unit to anything more than a good faith discussion on the issue and that no
changes shall be implemented without mutual agreement. Absent such mutual
agreement by both parties, the status quo (all wages, benefits, economic and non-
economic terms and conditions of employment presently enjoyed by employees as
negotiated upon the effective date of this MOU) shall remain in full force and effect.
August 1, 2015, through June 30, 2018
— 23 —
17. LEAVE TYPES
17.1 Bereavement Leave
An employee shall be provided up to forty (40) hours of paid Bereavement Leave in
the event of the death or imminent death of a member of his/her immediate family.
The City may require the submission of medical certification establishing an incident
of imminent death or proof of death. “Immediate family” member is herewith
defined as a parent, step-parents, sibling, step-siblings, spouse, domestic partner,
child, mother-in-law, father-in-law, grandparents, grandparents-in-law or relative
living within the employee’s household. Any person in loco parentis, defined to
include any person with whom the employee stood in the place of the parent or
child, will also be considered “immediately family” for the purpose of this benefit.
Bereavement Leave for close personal relationships, other than the listed
relationships, may be approved by Department Head and Director of Human
Resources. Such leave shall not be charged against the employee’s sick or vacation
leave balances.
In addition to Bereavement Leave, an employee may request up to two (2) days of
Sick Leave in the event of the death of an immediate family member. Such leave
shall be charged against the employee’s accrued Sick Leave balance and shall be
considered in calculating his/her ability to convert the balance.
17.2 Holidays
17.2.1 Designated Holidays
The employee shall receive time off with pay for the following holidays, but
only if the employee is in a paid status for the workday that precedes and
follows the holiday. If a holiday falls on an employee’s scheduled day off, the
employee shall receive the holiday on the next scheduled business day.
The dates upon which these holidays shall be observed each fiscal year are
listed below:
Memorandum of Understanding — SEIU Local 721
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Holiday Schedule Month FY2015/2016 FY2016/2017 FY2017/2018
Independence Day July 06* 04* 04*
Labor Day Sept 07* 05* 04*
Columbus Day Oct 12* 10* 09*
Veteran’s Day Nov 11* 14* 13*
Thanksgiving Day Nov 26* 24* 23*
Christmas Day Dec 28* 26* 25*
New Year’s Day Jan 04* 2* 01*
Martin Luther King Day Jan 18* 16* 15*
President’s Day Feb 15* 20* 19*
Memorial Day May 30* 29* 28*
* = Monday
17.2.2 Floating Holidays
The City and the Union agree to two (2) floating holidays of ten (10) hours
each. All floating holidays shall be requested in advance from the appropriate
department head or division chief. Enough employees shall remain at work
during floating holidays so that the City’s business may be conducted.
Floating holidays shall accrue on July 1 of each year and must be taken by the
following June 30, or the hours will be forfeited.
17.3 Industrial Leave
A regular employee who is temporarily or permanently incapacitated as a result of
injury or illness determined to be compensable under the Workers’ Compensation
Act shall be granted industrial leave under the following terms and conditions:
17.3.1 An employee granted industrial leave shall continue to be
compensated at the employee’s regular rate of pay in lieu of
temporary disability payments.
17.3.2 Should it be determined that an employee’s illness or injury did not
arise in the course of the employee’s employment with the City or
that the employee is not temporarily or permanently incapacitated or
August 1, 2015, through June 30, 2018
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disabled as a result of the injury or illness, then the employee’s
accrued or, if insufficient, future Sick Leave shall be charged to
reimburse the City for any payments made to the employee pursuant
to Section 17.3.1. above.
17.3.3 An industrial leave of up to ninety (90) calendar days shall be
authorized for each injury or illness determined to be compensable
under the Workers’ Compensation Act. Paid leave may be continued
subject to review by the City Council at the end of such ninety (90)
calendar day period to a maximum of six (6) months. Supporting
medical documentation must accompany such requests for leave and
be submitted thirty (30) days prior to expiration date.
17.3.4 After ninety (90) calendar days employees who are disabled because
of a work related illness or injury receive Industrial Leave pay in lieu
of Total Temporary Disability payments and may supplement these
payments with sick leave, vacation leave or compensatory time off
they have earned. If deemed temporarily totally disabled or
permanently disabled and unable to return to work, employees may
apply for Long Term Disability.
17.3.5 Prior to the end of the six (6) months of paid leave pursuant to this
section, the employee may apply for benefits under the City’s long-
term disability plan, If the employee is qualified to receive benefits
under the disability plan, Vacation Leave and Sick Leave shall
accrue, and the City shall continue to pay benefits under the City’s
Flexible Benefit Plan and CalPERS so far as required by law for such
employee for an additional six (6) month period. An employee
receiving long-term disability may be eligible to return to work on or
before six (6) months from the time employee began receiving long-
term disability benefits. The employee shall notify the department
head as soon as practicable as to whether he/she will be returning to
work prior to the expiration of the six (6) month period in which the
employee has been on long term disability.
17.3.6 Except as provided in 17.3.1. and 17.3.4 above, no employee shall
have accrued Sick Leave deducted while on industrial leave.
Vacation Leave and Sick Leave shall accrue for an employee on
industrial leave.
Memorandum of Understanding — SEIU Local 721
— 26 —
17.3.7 Industrial leave shall expire when one of the following conditions
occurs:
17.3.7.1 Employee is able to return to work to his/her regular
position.
17.3.7.2 The day before the employee is retired or separated for
disability. The employee’s “retirement date” shall be the
first of the month after all of the following occur and are
determined by the California Public Employees’ Retirement
System:
17.3.7.2.1 The employee’s condition is determined to be
permanent or of an extended duration.
17.3.7.2.2 The degree of disability precludes continued
employment by the employee in his/her present
position.
17.3.7.3 After twenty-six (26) weeks of industrial disability
payments.
17.3.8 Physicians may be assigned in compliance with the Health and
Safety Code and the Workers’ Compensation Laws of the State of
California (Ref.: Section 4600 - Labor Code.)
17.4 Sick Leave
Sick Leave shall not be construed as a right which an employee may use at his/her
discretion, but shall be allowed only in case of necessity or actual sickness or
disability. Sick Leave must be exhausted before compensatory time off or Vacation
Leave may be used for sick leave reasons. The parties acknowledge that the City is
governed by the Healthy Workplaces, Healthy Families Act of 2014 and that provisions
governing sick leave and its usage should be interpreted consistently where
possible.
17.4.1 Reasons for Use of Sick Leave
Sick Leave shall be granted for the following reasons:
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17.4.1.1 The illness, diagnosis, care, or treatment of an existing
health condition of, or preventative care for, the employee.
17.4.1.2 The illness, diagnosis, care, or treatment of an existing
health condition of, or preventative care for, a qualified
family member, as defined by the Healthy Workplaces,
Healthy Families Act of 2014 which may include but is not
limited to a: parent, sibling, spouse, domestic partner, child,
mother-in-law, father-in-law, grandparent, grandparent-in-
law, or other relative living within the employee’s
household. Any person in loco parentis, defined to include
any person with whom the employee stood in the place of
the parent or child, will also be considered a “qualified
family member” for this purpose. Use of sick leave for close
personal relationships may be approved by the Department
Head or Human Resources Director.
17.4.1.3 Enforced quarantine of the employee in accordance with
Health Department regulations.
17.4.1.4 Medical, dental, orthodontic, and optical appointments for
the employee and/or qualified family members.
17.4.1.5 The parties agree that employees may utilize a maximum of
thirty (30) hours of Sick Leave during any one (1) calendar
year wherein the City will not question usage. Employees
must provide advance notice for such designation,
sometimes referred to as “Personal Business” Sick Leave
whenever possible. Personal Business Sick Leave shall be
approved or disapproved by the department head in
accordance with this section.
Departments are to use the earning code “PB” for this
purpose. This leave shall be debited against the employee’s
Sick Leave balance, but Sick Leave taken as “Personal
Business” Sick Leave shall not be taken into consideration
for the purposes of the sick leave cash-In program or in any
way negatively affect employee performance evaluations.
Memorandum of Understanding — SEIU Local 721
— 28 —
17.4.1.6 Any other reason that Sick Leave may be used under state
and federal law, including but not limited to the Healthy
Workplaces, Healthy Families Act of 2014.
17.4.2 Evaluation of Sick Leave Usage
A yearly evaluation period for the use of Sick Leave is established beginning
on the first payday on or after January. At the end of the time period, the
Finance Department will analyze and report to the various employees the
amount of Sick Leave earned, less the amount used, and the net accrued
during the calendar year.
17.4.2.1 Medical Certification Program
In the event an employee has used greater than one hundred and
twenty (120) sick leave hours in a calendar year [excluding hours
reported under FMLA, CFRA, PDL, and up to sixty (60) hours used
for a qualified family member] or exhibits a discernable pattern of
abuse (such as calling out before or after each weekend or holiday),
the employee may be placed on a Medical Certification Program.
An employee placed on a Medical Certification Program shall be
required to submit a certificate from a healthcare provider to be
eligible to utilize sick leave, for all reasons except those set forth in
Section 17.4.1.5.
An employee placed on a Medical Certification Program shall have
his/her sick leave usage reviewed no less than every six (6) months
while on the program. If the employee has used less than thirty (30)
hours during the preceding six (6) month period, he/she shall be
removed from the program. If the employee’s pattern and/or usage
have not improved, he/she shall remain on the program until the
next evaluation period.
17.4.3 Procedures
17.4.3.1 Rate of Accrual
Each employee shall accrue sick leave at the rate of ten (10) hours per
month for each calendar month of paid employment.
August 1, 2015, through June 30, 2018
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17.4.3.2 Maximum Accumulation
17.4.3.2.1 For employees hired on or before June 30, 2016,
there is no maximum accumulation on sick leave
hours. Each employee shall maintain the right to
unlimited accumulation of all accrued sick leave
hours.
17.4.3.2.2 For employees hired on or after July 1, 2016, sick
leave may be accumulated up to a maximum of
nine hundred and sixty (960) hours. Sick leave
accrual which exceeds the maximum
accumulation allowed shall not be paid out to the
employee nor shall the employee continue to
accrue additional sick leave until such time as the
accumulated hours fall below nine hundred and
sixty (960) hours.
17.4.3.3 Usage for Time Reporting
Sick leave shall not be taken in increments of less than thirty (30)
minutes.
17.4.3.4 Verification
A certificate from a healthcare provider may be requested for sick
leave absences of three (3) days or more.
17.4.4 Probationary Employee Sick Leave Usage
If an employee does not pass initial probation and become permanent, paid
Sick Leave in excess of thirty (30) hours in the first ninety (90) days of
employment must be reimbursed to the City or deducted from the
employee’s final paycheck.
17.4.5 Sick Leave During Vacation
If an employee becomes ill or injured while on vacation, he/she may, by
completing a Leave Request Form, use accrued Sick Leave time in lieu of
vacation time for the period of disability.
Memorandum of Understanding — SEIU Local 721
— 30 —
17.4.6 One-Fourth Conversion
Only employees hired on or before June 30, 2016 are eligible to participate in
a conversion of sick leave to cash.
If the employee has used more than three (3), but not more than six (6), days
of Sick Leave, not including time spent on personal business, bereavement,
FMLA, CFRA, PDL, or for a qualified family member, he/she will have the
following options:
17.4.6.1 Carry over the accrual and add it to his/her Sick Leave
balance.
17.4.6.2 Convert, only to the extent that his/her balance is more than
zero (0) at the beginning of the new year, one-fourth (¼) of
the accrual to vacation or convert one-fourth (¼) to cash
(but no combination of these two); unused, unconverted
leave would then be added to the employee’s Sick Leave
balance.
17.4.7 One-Third Conversion
Only employees hired on or before June 30, 2016 are eligible to participate in
a conversion of sick leave to cash.
If the employee has used no more than three (3) days of Sick Leave, not
including time spent on personal business, bereavement, FMLA, CFRA, PDL,
or for a qualified family member, he/she will have the following options:
17.4.7.1 Carry over the accrual and add it to his/her Sick Leave
balance.
17.4.7.2 Convert, only to the extent that his/her balance is more than
zero (0) at the beginning of the new year, one-third (⅓) of
the accrual to vacation or convert one-third (⅓) of it to cash
(but no combination of these two); unused or unconverted
leave would then be added to the employee’s Sick Leave
balance.
August 1, 2015, through June 30, 2018
— 31 —
17.4.8 Conversion to Cash upon Retirement or Separation
Only employees hired on or before June 30, 2016 are eligible to participate in
a conversion of sick leave to cash.
17.4.8.1 The employee may convert fifty percent (50%) of his/her
accrued Sick Leave balance to cash upon: death (if he/she
has attained permanent status); disability retirement (if
he/she has been employed by the City a minimum of five
(5) years); or voluntary retirement (if he/she has been
employed by the City a minimum of ten (10) years).
17.4.8.2 Upon separation for other reasons the employee may
convert fifty percent (50%) of his/her accrued Sick Leave
balance to cash for hours in excess of three hundred twenty
(320) hours to a maximum payment of two hundred forty
(240) hours.
17.4.9 Conversion to Service Credit Upon Retirement
Pursuant to the terms of the City’s contract, as amended, with the California
Public Employees’ Retirement System, upon voluntary retirement the
employee may convert one hundred percent (100%) of his/her accrued Sick
Leave balance, less any amount converted to cash under the provisions of
Section 17.4.8 to retirement service credit.
17.4.10 Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be
made by March 31 of each calendar year.
17.4.11 Retiree Medical Trust
In the event the City establishes a Retiree Medical Trust (RMT) during the
term of this MOU, upon request, the parties shall re-open negotiations to
discuss the issue. It is expressly understood by both parties that this re-
opener does not obligate the unit to anything more than a good faith
discussion on the issue and that no changes shall be implemented without
mutual agreement. Absent such mutual agreement by both parties, the status
quo (all wages, benefits, economic and non-economic terms and conditions of
Memorandum of Understanding — SEIU Local 721
— 32 —
employment presently enjoyed by employees as negotiated upon the effective
date of this MOU) shall remain in full force and effect.
17.5 Vacation
17.5.1 Required Usage and Maximum Accumulation
17.5.1.1 An employee shall be required to use one half (½) of his/her
annual vacation accrual yearly and shall be able to
accumulate unused vacation each year, up to the allowed
maximum.
17.5.1.2 For employees hired on or before June 30, 2016, the
employee may accumulate up to a maximum of fifty-two
(52×) times the current pay period rate of vacation accrual.
17.5.1.3 For employees hired on or after July 1, 2016, the employee
may accumulate up to a maximum of three hundred (300)
hours.
17.5.1.4 Vacation accrual which exceeds the maximum allowed shall
be paid to the employee in the following pay period in
which it is accrued.
17.5.1.5 In special cases where it has not been possible, due to work
load and other factors, for the employee to use his/her
vacation before reaching the maximum, it shall be within
the department head’s authority to authorize cash payment
in lieu of time off. The employee may direct the payoff
amount to his/her deferred compensation plan within
applicable legal limits.
17.5.2 Cash-In Policy
With the approval of the Department Head or City Manager, an employee
may convert into pay accrued vacation in excess of fifty percent (50%) of
his/her annual accrual.
17.5.3 Accrual
Vacation Leave shall accrue as follows:
August 1, 2015, through June 30, 2018
— 33 —
Through the 4th year of employment 90 hours per year
Through the 5th year of employment 120 hours per year
Through the 6th year of employment 128 hours per year
Through the 7th year of employment 136 hours per year
Through the 8th year of employment 144 hours per year
Through the 9th year of employment 152 hours per year
Through the 10th year of employment 160 hours per year
Through the 11th year of employment 168 hours per year
Through the 12th year of employment 176 hours per year
Through the 13th year of employment, 184 hours per year
Through the 14th year of employment 192 hours per year
Through the 15th year of employment 200 hours per year
Through the 16th year of employment 210 hours per year
17.5.4 Special Pay Plan/Excess Vacation Annuity
In the event the City establishes a Special Pay Plan and/or Excess Vacation
Annuity during the term of this MOU, upon request, the parties shall re-open
negotiations regarding the issue. It is expressly understood by both parties
that this re-opener does not obligate the unit to anything more than a good
faith discussion on the issue and that no changes shall be implemented
without mutual agreement. Absent such mutual agreement by both parties,
the status quo (all wages, benefits, economic and non-economic terms and
conditions of employment presently enjoyed by employees as negotiated
upon the effective date of this MOU) shall remain in full force and effect.
18. CERTIFICATION AND LICENSE
18.1 City Obligation of Costs
18.1.1 The City agrees to pay the cost of maintaining certification and
licenses that are within the minimum requirements for the licensee’s
job.
18.2.2 The City agrees to pay the costs for certification and renewal, as
required to maintain the certification, for which the employee is
receiving Certification Incentive Pay.
Memorandum of Understanding — SEIU Local 721
— 34 —
18.2 Certification Incentive
Effective July 1, 2016, the City shall pay a certification incentive pay, at a rate equal
to two percent (2%) of salary each pay period, to each employee who maintains a
valid certification in Confined Space Entry.
The incentive paid shall not exceed a monthly maximum as follows:
Effective July 1, 2016 the maximum payment shall be one hundred and fifteen
dollars ($115.00) per month.
Effective July 1, 2017 the maximum payment shall be increased to one hundred
and twenty five dollars ($125.00) per month.
The employee shall receive the incentive pay beginning the first full pay period after
submission of the documentation showing completion to his/her supervisor or
designee. It is the employee’s responsibility to ensure the certification is kept current
and submit the required documents in a timely manner to continue to receive the
salary increase. Employees whose certifications expire will not be paid the incentive
until a copy of the renewed certificate is submitted.
19. LIFE INSURANCE
The City shall provide term life insurance equal to eighteen (18) months of salary or
thirty thousand dollars ($30,000.00), whichever is greater, excluding overtime, standby,
callback and other forms of supplemental compensation, for each employee.
20. LONG TERM DISABILITY INSURANCE
The City shall maintain in effect for the term of this agreement a long-term disability
(LTD) plan covering employees set forth herein. Said plan shall provide an employee
with a maximum of two-thirds (2/3) of his/her base salary. An employee may utilize
his/her accrued Sick Leave, vacation, and/or compensatory time to supplement the LTD
payment so as to receive one hundred percent (100%) of his/her base salary. The LTD
plan includes the following:
20.1 Provides 66.67% of the employee’s monthly salary;
20.2 Commences after a thirty (30) calendar day waiting period and provides a
benefit to age 65;
August 1, 2015, through June 30, 2018
— 35 —
20.3 For the first thirty (30) days of non-job related illness or injury, the employee
will use accrued Sick Leave, compensatory time or Vacation Leave;
20.4 The employee will be allowed to use accrued Sick Leave in conjunction with
the LTD plan to provide for a full pay check;
20.5 At no time will an employee receive more than one hundred percent (100%)
of his/her base pay;
20.6 The premium will be added to the employee’s gross pay and deducted from
the net pay so as to make the benefits exempt from further taxation.
21. RETIREMENT
21.1 California Public Employees’ Retirement System
The City provides employees with retirement benefits through the California Public
Employees’ Retirement System (CalPERS).
Definitions and terms in this Section are intended to comply and be in conformity
with the California Public Employees’ Pension Reform Act of 2013 (PEPRA) and/or
California Government Code Section 7522.04.
21.1.1 Definition of a “Classic” Member
Any employee hired by the City on or prior to December 31, 2012; or any
employee previously employed by a CalPERS participating public agency,
hired by that agency prior to January 1, 2013, and who becomes employed by
the City with less than a six (6) month break in service, or any employee who
is eligible for reciprocity with another California public retirement system.
21.1.2 Definition of a “New” Member
Any employee hired by the City or any other CalPERS participating public
agency, on or after January 1, 2013; or any employee previously employed by
a CalPERS participating public agency who becomes employed by the City
after a break in service of greater than six (6) months; or any employee who is
ineligible for reciprocity with another California public retirement system.
Retirement formulas and calculations are based upon a combination of the
employee’s age, years of service, and annual pensionable compensation.
Memorandum of Understanding — SEIU Local 721
— 36 —
Plans for both “classic” and “new” members use a three (3) year highest
average, with calculations as set forth and administered by CalPERS.
21.1.3 Retirement Formula for “Classic” Members
The City contracts with CalPERS for a “2% @ 55 full formula” plan. There is
no cap on annual salary that can be used to calculate final compensation.
21.1.4 Retirement Formula for “New” Members
PEPRA mandates a “2% @ 62” plan. There is a pensionable compensation cap
on annual salary used to calculate final compensation.
The rate of contributions by both the City and each individual employee is
based upon applicable law and MOU provisions.
21.1.5 Contributions for “Classic” Members
21.1.5.1 For employees hired on or before June 30, 2016: Each
employee shall continue to pay five percent (5%) of the
“employer” contribution. Effective the second pay period
after the adoption of the new MOU by City Council, each
employee shall pay an additional two percent (2%) – for a
total of seven percent (7%) – of the “employer”
contribution. Unless required by law, or mutual agreement
by the parties, each employee shall not pay more than seven
percent (7%) in total contributions.
The City shall continue to pay one hundred percent (100%)
of the “employee” member contribution, known as an
Employer Paid Member Contribution (EPMC), and the
remaining portion of the “employer” contribution and
costs.
21.1.5.2 For employees hired on or after July 1, 2016: Each employee
shall participate in equal sharing of normal cost with the
City. Each employee will pay up to fifty percent (50%) of
the total normal cost of their pension benefit, as determined
by CalPERS each year, but not to exceed an eight percent
(8%) contribution rate for miscellaneous plan members.
August 1, 2015, through June 30, 2018
— 37 —
21.1.6 Contributions for “New” Members
Due to PEPRA, all employees must participate in equal sharing of normal
cost with the City. Both the City and the employee will pay fifty percent
(50%) of the normal costs, as determined by CalPERS each year.
21.1.7 Optional Benefits
21.1.7.1 The optional benefit of Two Year Additional Service Credit
shall be discretionary with Council in accordance with
Government Code Section 20903.
21.1.7.2 The City’s contract with the CalPERS includes the optional
benefit of Employer-paid Member Contribution in Base Pay
During the Final Compensation Period.
21.1.7.3 The City’s contract with CalPERS includes the optional
benefit of Service Credit for Unused Sick Leave.
21.1.7.4 CalPERS Service Credit for Military Service.
The CalPERS Military Service Credit Purchase Assistance
Plan described below shall be made available to full time
regular employees who have completed his/her initial
probation period with the City.
The City’s contract with CalPERS includes the provisions of
Section 21024, Military Service Credit as Public Service.
Accordingly, eligible employees with qualifying military
service can contact CalPERS and arrange to be billed for the
service credit. The City shall reimburse the employee for
twenty five percent (25%) of the amount of the bill.
Eligibility for the 25% reimbursement is limited to
employees who are on the payroll on 7/1/95.
If desired, the employee may apply for a loan from the City
for the remaining seventy five percent (75%). The employee
shall apply for the loan on a City provided loan application.
If the employee qualifies, the City will fund the loan on an
interest free basis. Loan payments must be by payroll
Memorandum of Understanding — SEIU Local 721
— 38 —
deduction. Each loan payment period shall not exceed six
(6) years. The City may require collateral.
Any remaining loan balance must be paid in full at the time
of separation of employment. Payment will be made
directly and/or by deduction from the last paycheck. In the
event an outstanding balance remains, the employee is
responsible for making payment arrangements. The failure
to make full payment will obligate the employee to pay the
City’s attorney’s fees in any restitution process.
21.1.7.5 The City shall maintain the increased level of the 1959
Survivor Benefit.
21.1.7.6 The City’s contract with CalPERS provides the minimum
Annual Cost-of-Living Allowance (Government Code Section
21335) of two percent (2%).
21.2 Public Agency Retirement System (PARS)
Effective July 1, 2006 the retirement formula will be adjusted to reflect an additional
one half percent (0.5%) to the current formula of two percent (2.0%) per year of
service at 55 years of age, This enhancement will provide for a retirement formula of
two and a half percent (2.5%) per year of service for anyone retiring at 55 years of
age or older. All prior years of service will count toward the computation.
Employees will contribute four percent (4.0%) toward the cost of this program with
the City contributing an additional one percent (1.0%). This additional benefit will
be provided through the Public Agency Retirement System (PARS).
21.2.1 State law has eliminated this benefit provided by PARS for new
employees hired on or after January 1, 2013, and limited this benefit
for existing City of Azusa employees hired prior to January 1, 2013,
who become SEIU represented employees.
21.3 Health Insurance During Retirement
Beginning with the first month after retirement, for employees who had at least
twenty (20) years of service with the City of Azusa, and who enroll or continue in
the City’s health insurance program, the City will reimburse monthly to the
employee the amount of one-half (50%) of the premiums for such health insurance,
regardless of how many family members are enrolled.
August 1, 2015, through June 30, 2018
— 39 —
In the event the employee is single or widowed, and has no dependents, the City’s
contribution shall be equal to one hundred percent (100%) of such premium.
In the event the employee passes away and is survived by an eligible spouse, the
benefit shall continue. But, if the employee passes away and has no surviving
spouse the benefit shall not carryover to the surviving dependents.
This plan shall remain in effect until the retiree, or eligible spouse passes away,
whichever occurs later, at which time the benefit shall terminate. Once an individual
has qualified for this provision, he/she shall retain this eligibility. The minimum
contribution that the City pays directly to CalPERS shall be considered to be part of
the portion paid by the City.
22. TUITION REIMBURSEMENT
22.1 Objective
The tuition reimbursement program is designed to encourage employees to continue
his/her self-development by enrolling in approved classroom courses which will:
22.1.1 Educate them in new concepts and methods in his/her occupational
field and prepare them to meet the changing demands of his/her job.
22.1.2 Help prepare them for advancement to positions of greater
responsibility in the City of Azusa.
22.2 Eligibility
22.2.1 All regularly appointed employees are eligible to receive tuition
reimbursement. Courses must commence after appointment and be
in excess of the educational standards for the position. An example of
this would be job-related college or university courses when the
specification for the classification calls for high school graduation.
22.2.2 Courses must be (except where noted below in paragraphs 22.3.3.
and 22.3.4.) traditional classroom courses taken at colleges or
universities and approved by the Western Association of Schools and
Colleges. Distance learning classes offered by such colleges and
universities shall be covered by this provision. Credits given for non-
classroom assignments such as life experience, military training, and
professional training are not reimbursable.
Memorandum of Understanding — SEIU Local 721
— 40 —
22.2.3 Course work must be related to the employee’s current occupation or
to a City classification to which the employee may reasonably expect
promotion within the next five (5) years.
22.3 Courses may be eligible if they:
22.3.1 Are above the educational requirements of the position as noted in
the position specification and are not taken to acquire skills,
knowledge and abilities which the employee was deemed to have
when appointed the position.
22.3.2 Do not duplicate training which the employee has already had or
which is to be provided in-house.
22.3.3 Do not duplicate previously taken courses unless special approval
has been granted by the department head and the Human Resources
Division.
22.3.4 Are required for the completion of the pre-approved job-related
major. An example would be general education or elective
requirements for the major as stated in the school catalog. Remedial
courses or those taken as required for a non-approved major shall
not be eligible.
22.3.5 Include completed engineering review courses taken at accredited
institutions for which an academic grade or units of academic credit
are not given. These courses must prepare candidates for a
certificate, license or registration issued by the California Board of
Registration for Professional Engineers. The employee must receive
the certificate or license from this Board to be eligible for
reimbursement, which will be granted for a maximum of two (2)
courses per certificate, license or registration.
22.3.6 Lead to a City-approved certificate, license or registration.
Reimbursement may be made for any examination fees required to
successfully obtain the certificate, license or registration.
Reimbursement for eligible expenses will be made after obtaining the
license, certificate or registration.
22.3.7 Are not taken on City time and must be certified that they are taken
on the employee’s off-duty time.
August 1, 2015, through June 30, 2018
— 41 —
22.3.8 Have been approved by the Department Head and the City Manager
or his/her designee before commencement of the class.
22.4 Reimbursement
22.4.1 The City shall reimburse employees for tuition, registration fees and
texts required for the eligible courses. Expenses for parking, travel,
meals, processing fees, transcript fees, materials and any other costs
are not reimbursable.
22.4.2 Employees shall be reimbursed up to the dollar amount charged for
the same number of units per term by California State University
system.
22.4.3 In order to be reviewed, each application must state exactly which
units or credits the employee is applying for and whether the courses
submitted are core courses or recommended electives for the
approved major.
22.4.4 Reimbursement shall be made upon completion of the course with a
minimum final grade of
“C” or its equivalent (i.e., a pass in a pass/fail course will be
considered equivalent to a “C”). No reimbursement shall be made for
audited or incomplete courses.
22.4.5 Employees must submit from the attendant institution an original
certification of fees paid and grade achieved in order to have his or
her application considered for reimbursement. These documents
must accompany the reimbursement application form in order to be
processed.
22.4.6 Application for reimbursement must be submitted within three
months of the completion of the approved course in order to be
considered for reimbursement.
22.4.7 Upon termination from employment, employees shall be required to
reimburse the City for any funds received under this program for
courses completed during the last twenty four (24) months of
employment. This payback provision does not apply to employees
Memorandum of Understanding — SEIU Local 721
— 42 —
laid off by the City or who separate as a result of a City/departmental
reorganization.
23. FLEXIBLE STAFFING POSITIONS
The following classifications shall be incorporated into a “Flexible Staffing” pattern.
Facilities Maintenance Worker I, II, III
Street Maintenance Worker I, II, III
The first level classifications are apprentice classifications. Employees in these
classifications shall be promoted (on probationary status) to the second level
classifications, respectively, upon successful completion of one (1) year of service at the
fifth (5th) salary step.
If the series includes a third level, the second level classifications shall be promoted (on
probationary status) to the third level classifications, respectively, upon successful
completion of one (1) year of service at the fifth (5th) salary step and when, in the
opinion of the Department Head, the employee has retained the practical knowledge of
the performance of all facets of the duties required of the third level classification.
In the event that the employee is not promoted as described above, he/she shall be
presented in writing the reason(s) for the denial of the promotion, and a list of the
area(s) of which the employee has insufficient knowledge to achieve the promotion.
Nothing in this article shall preclude management from promoting qualified employees
to a higher step/classification in his/her flex series.
24. LABOR-MANAGEMENT COMMITTEE
The parties shall establish an ad hoc Labor-Management Committee (LMC) consisting
of management representatives, employee representatives, and union representatives to
discuss labor related issues as they arise. The parties understand and agree the objective
of the LMC is to have a forum for the informal discussion of labor-related issues.
25. LAY OFF
The City agrees that in the event employees represented by the Union are laid off from
his/her employment, a minimum of forty-five (45) calendar days’ notice will be given to
each individual affected employee. Such notice shall be in writing and signed by an
appropriate management employee.
August 1, 2015, through June 30, 2018
— 43 —
MEMORANDUM OF UNDERSTANDING SEIU LOCAL 721 AUGUST 1, 2015 THROUGH JUNE 30, 2018
SEIU LOCAL 721
Wendy Thomas, SEIU 721 Chief Negotiator Date
George Dubois, Employee Representative Date
Jesus “Angel” Toledo, Employee Representative Date
CITY OF AZUSA
Troy L. Butzluff, ICMA-CM, City Manager Date
Amelia Ayala, Director of Human Resources & Risk
Management
Date
Memorandum of Understanding — SEIU Local 721
— 44 —
EXECUTION OF THE NEW AGREEMENT
This MOU has been ratified on May 10, 2016 by a simple majority vote of unit
employees who are in classifications represented by SEIU Local 721 as set forth in this
agreement.
This MOU was then approved by a majority vote of the City Council of the City of
Azusa on June 6, 2016.
Following its execution by the parties hereto, the City shall implement its terms and
conditions by appropriate lawful action.
In witness whereof, the parties hereto have cause for this agreement to be executed this
7th day of June 2016.
SEIU Local 721 City of Azusa, California
Wendy Thomas
Chief Negotiator
Amelia Ayala
Director of HR & Risk Management
August 1, 2015, through June 30, 2018
— 45 —
INDEX
Acting Pay, 13
Additional Compensation/Premium
Pay, 13
Automatic Payroll Deposit, 12
Bereavement Leave, 23
Bilingual Pay, 13
Break Periods, 11
“Cadillac Tax”, 22
Callback, 14
CalPERS, 35
Certification and License, 33
Certification Incentive, 34
City Rights, 8
Conformance with Rules, 10
Management Rights, 8
Meet and Confer, 10
Classification Compensation Study, 12
Communications Access, 6
Compensatory Time, 16
Computer Loan Program, 19
Contract Negotiations, 7
Contracting Out, 8
Damage to Personal Effects, 19
Deferred Compensation Plan, 15
Double Time, 14, 16
Employee Assistance Plan, 19
Employee Rights, 2
Anti-discrimination, 3
Protection of Rights, 2
Equipment Allowance, 15
Execution of New Agreement, 44
Flexible Benefit Plan, 20
Eligibility, 21
FBP Contributions, 20
Medical Waiver Option, 21
Flexible Staffing Positions, 42
Floating Holidays, 24
Health Insurance During Retirement, 38
Holiday Double Time, 16
Holidays, 23
Implementation, 2
Industrial Leave, 24
Labor-Management Committee, 42
Lay off, 42
Leave Types, 23
Life Insurance, 34
Long Term Disability Insurance, 34
Longevity Premium, 15
Maintenance of Existing Benefits, 10
Management Rights, 8
Meal Breaks, 11
Medical Certification Program, 28
Medical Waiver Option, 21
Membership Dues, 4
Night Shift Differential, 17
Overtime, 16
Overtime Meal Policy, 17
Paint Crew, 18
“Personal Business” Leave, 27
Premium Pay, 13
Rest Breaks, 11
Retiree Medical Trust, 31
Retirement, 35
CalPERS, 35
Contributions, 35
Health Insurance During Retirement,
38
Optional Benefits, 37
PARS, 38
Retirement Formulas, 35
Salary, 12
Salary Increases, 12
Salary Schedules, 47
Savings Clause, 2
Separability, 10
Memorandum of Understanding — SEIU Local 721
— 46 —
Sick Leave, 26
“Personal Business” Leave, 27
Accrual, 28
Conversion Deadline, 31
Conversion to Cash upon Retirement
or Separation, 31
Conversion to Service Credit upon
Retirement, 31
Evaluation of Sick Leave Usage, 28
Maximum Accumulation, 29
Medical Certification Program, 28
One-fourth Conversion, 30
One-third Conversion, 30
Probationary Employee Sick Leave
Usage, 29
Reasons for Use of Sick Leave, 26
Retiree Medical Trust, 31
Sick Leave During Vacation, 29
Usage for Time Reporting, 29
Verification, 29
Special Pay Plan/Excess Vacation
Annuity, 33
Standby, 18
Term of Memorandum of
Understanding, 2
Timekeeping Interval, 11
Total Compensation, 2
Tuition Reimbursement, 39
Eligibility, 39
Eligible Courses, 40
Objective, 39
Reimbursement, 41
Uniform Allowance, 19
Union Release Time, 7
Union Rights, 3
Agency Shop, 3
Committee on Political Education, 4
Communications Access, 6
Contract Negotiations, 7
Indemnification, 3
Maintenance of Membership, 5
Membership Dues, 4
Payroll Deductions, 3
Religious Objectors, 4
Reporting Requirements, 5
Service Fees, 4
Union Release Time, 7
Union Steward Program, 6
Use of City Facilities and Equipment,
6
Visits by Union Representatives, 5
Union Steward Program, 6
Vacation, 32
Accrual, 32
Cash-in Policy, 32
Maximum Accumulation, 32
Required Usage, 32
Special Pay Plan/Excess Vacation
Annuity, 33
Vision Insurance, 22
Visits by Union Representatives, 5
“Wash-Up” Time, 11
Weekend Assignment, 19
Workday, 11
Workweek, 11
Workweek and Timekeeping Interval,
11
Memorandum of Understanding — SEIU Local 721
— 48 —
August 1, 2015, through June 30, 2018
— 49 —
EXHIBIT A
SEIU Salary Schedules
EFFECTIVE 08/01/2015 — 2% COLA
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5
FACILITIES CREW SUPERVISOR 8184 4,787.30 5,026.66 5,277.99 5,541.89 5,818.99
FACILITIES MAINT SUPERVISOR 8204 5,639.22 5,921.18 6,217.24 6,528.10 6,854.51
FACILITIES MAINT WORKER I 8153 3,566.43 3,744.75 3,931.99 4,128.58 4,335.01
FACILITIES MAINT WORKER II 8163 3,919.95 4,115.94 4,321.74 4,537.83 4,764.72
FACILITIES MAINT WORKER III 8174 4,351.66 4,569.24 4,797.70 5,037.59 5,289.47
PUBLIC WORKS SUPERVISOR 8204 5,639.22 5,921.18 6,217.24 6,528.10 6,854.51
STREET MAINT CREW SUPERVISOR 8184 4,787.30 5,026.66 5,277.99 5,541.89 5,818.99
STREET MAINT WORKER I 8153 3,566.43 3,744.75 3,931.99 4,128.58 4,335.01
STREET MAINT WORKER II 8163 3,919.95 4,115.94 4,321.74 4,537.83 4,764.72
STREET MAINT WORKER III 8174 4,351.66 4,569.24 4,797.70 5,037.59 5,289.47
EFFECTIVE 07/01/2016 — 2% COLA
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5
FACILITIES CREW SUPERVISOR 8184 4,883.05 5,127.19 5,383.55 5,652.73 5,935.37
FACILITIES MAINT SUPERVISOR 8204 5,752.00 6,039.60 6,341.58 6,658.66 6,991.60
FACILITIES MAINT WORKER I 8153 3,637.76 3,819.65 4,010.63 4,211.15 4,421.71
FACILITIES MAINT WORKER II 8163 3,998.35 4,198.26 4,408.17 4,628.59 4,860.01
FACILITIES MAINT WORKER III 8174 4,438.69 4,660.62 4,893.65 5,138.34 5,395.26
PUBLIC WORKS SUPERVISOR 8204 5,752.00 6,039.60 6,341.58 6,658.66 6,991.60
STREET MAINT CREW SUPERVISOR 8184 4,883.05 5,127.19 5,383.55 5,652.73 5,935.37
STREET MAINT WORKER I 8153 3,637.76 3,819.65 4,010.63 4,211.15 4,421.71
STREET MAINT WORKER II 8163 3,998.35 4,198.26 4,408.17 4,628.59 4,860.01
STREET MAINT WORKER III 8174 4,438.69 4,660.62 4,893.65 5,138.34 5,395.26
EFFECTIVE 07/01/2017 — 1% COLA
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5
FACILITIES CREW SUPERVISOR 8184 4,931.88 5,178.46 5,437.39 5,709.26 5,994.72
FACILITIES MAINT SUPERVISOR 8204 5,809.52 6,100.00 6,405.00 6,725.25 7,061.52
FACILITIES MAINT WORKER I 8153 3,674.14 3,857.85 4,050.74 4,253.26 4,465.93
FACILITIES MAINT WORKER II 8163 4,038.33 4,240.24 4,452.25 4,674.88 4,908.61
FACILITIES MAINT WORKER III 8174 4,483.08 4,707.23 4,942.59 5,189.72 5,449.21
PUBLIC WORKS SUPERVISOR 8204 5,809.52 6,100.00 6,405.00 6,725.25 7,061.52
STREET MAINT CREW SUPERVISOR 8184 4,931.88 5,178.46 5,437.39 5,709.26 5,994.72
STREET MAINT WORKER I 8153 3,674.14 3,857.85 4,050.74 4,253.26 4,465.93
STREET MAINT WORKER II 8163 4,038.33 4,240.24 4,452.25 4,674.88 4,908.61
STREET MAINT WORKER III 8174 4,483.08 4,707.23 4,942.59 5,189.72 5,449.21