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HomeMy WebLinkAboutAgr 2011-07-06 (SEIU)r TOWN OF TIBURON r ,~f I 1505 Tiburon Boulevard Tiburon, CA 94920 - STAFF w REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Town Council Meeting July 6, 2011 Agenda Item: Subject: Recommendation to approve the Memorandum of Understanding between the Town of Tiburon and SEIU Local 2021 Reviewed By: BACKGROUND The SEW Local 1021 bargaining unit consists of six employees within the Public Works maintenance department. The current three-year contract expired on July 1, 2011. The Town's negotiating team has met over the past few months with the SEIU 1021 membership and has reached an agreement. The exhibit MOU outlines in detail the terms of a new, one-year contract from July 1, 2011 through June 30 2012. The key elements of the new contract are as follows: 1. Compensation Effective July 1, 2011, in exchange for members of the unit paying the employee's portion of retirement (7% of reportable wages), the Town of Tiburon shall increase the pay range each classification by 3.5%. 2. Retirement Effective July 1, 2011, each member of the unit shall pay their portion of CalPERS retirement (7%) tax deferred, 3. Paid Medical Allowance at Retirement Any employee hired after July 1, 2011 will not be eligible for the provisions of Section 8.2 of the MOU (paid medical allowance upon retirement). 4. Payment for Unused Sick Leave Employees of the Unit hired prior to July 1, 2011 are eligible to receive payment for 50% of their sick leave on the books upon separation of employment with the Town and having 15 years service, or upon service retirement from the Town with no minimum service requirement. Employees are eligible to receive payment for up to 60 days of sick leave. TOWN OF TIBURON PAGE 1 OF 3 Effective July 1, 2011, employees who are eligible for the above benefit shall have this payment capped at their current hourly rate and number of eligible hours. This will cap the future liability associated with this benefit. In addition, if any employee has 15 years of service with the Town, they may chose an early cash-out option of this benefit, and receive 60% of the value of their sick leave that is calculated as of July 1, 2011. They will not receive any further compensation for this benefit upon separation or retirement. 5. Vacation Cash Out Incentive Effective July 1, 2011 employees of the Unit will no longer be eligible to purchase vacation leave of up to 10 days per year. Section 12.3 of the previous MOU has been deleted. 6. Tuition Reimbursement Section 16 (Tuition Reimbursement) is suspended for the term of this contract. ANALYSIS With the negotiation and approval of this contract, all Town employees now pay their portion of CalPERS retirement contributions. In addition, no new employees are eligible for paid medical allowance upon retirement, or sick leave payment upon separation, which will ultimately have a positive effect on the unfunded liabilities. Special recognition should be expressed to the members of the SEIU 1021 unit, as they have made the same concessions in one year that all other employees have made over two. FINANCIAL IMPACT By approving this contract, it is estimated that savings to the Town during FY 2011-12 will be $13,282. In addition future unknown savings will be realized in the Town's unfunded sick leave and medical at retirement liabilities. RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve the exhibit Memorandum of Understanding between the Town of Tiburon SEIU Local Exhibits: Draft Memorandum of Understanding between the Town of Tiburon and SEIU 1021 Prepared By: Heidi Bigall, Director of Administrative Services TABLE OF CONTENTS Section 1. RECOGNITION 2 Section 2. UNION REPRESENTED EMPLOYEE RIGHTS 3 Section 3. MANAGEMENT RIGHTS 3 Section 4. NO DISCRIMINATION 4 Section 5. SCOPE OF AGREEMENT 4 Section 6. EMPLOYEE REPRESENTATIVES 4 Section 7. CAFETERIA BENEFITS PLAN 5 Section 8. RETIREMENT PROGRAM 6 Section 9. HOLIDAYS 7 Section 10. SICK LEAVE 7 Section 11. LEAVE WITH PAY 9 Section 12. Vacation ..9 Section 13. FURLOUGH 10 Section 14. SALARY 10 Section 15. OVERTIME 1 I Section 16. TUITION REIMBURSEMENT PROGRAM I 1 Section 17. NOTICE TO EMPLOYEES 1 I Section 18. UNIFORMS FURNISHED AND MAINTAINED 11 Section 19. HEALTH AND SAFETY 12 Section 20. SENIORITY 12 Section 21. LAYOFF AND RE-EMPLOYMENT 12 Section 22. DISCIPLINARY ACTION 13 Section 23. GRIEVANCE PROCEDURES 14 Section 24. RECLASSIFICATON PROCEDURE 19 Section 25. PERSONNEL FILES 17 Section 26. AGENCY SHOP/FAIR SHARE FEE 17 Section 27. FULL UNDERSTANDING. MODIFICATION. WAIVER 19 MEMORANDUM OF UNDERSTANDING BETWEEN TOWN OF TIBURON and SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU 1021 PREAMBLE This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act, by and between the Town Manager of the TOWN OF TIBURON "the Town" and the Service Employees International Union, SEIU 1021 "the Union" on the day of July, 2011 The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of the represented employees of the Town of Tiburon and have exchanged freely information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and Employer-employee relations of such employees. The Memorandum of Understanding shall be presented to the Town Council as the joint recommendations of the undersigned for salaries, fringe benefits and working conditions of all represented employees of the Town of Tiburon. This Memorandum of Understanding and following agreements shall not become effective until approved by the Tiburon Town Council and SEIU 1021. Section 1. RECOGNITION 1.1 Union Representation: The employment classifications represented by the Union include: Public Works Foreman, Senior Maintenance Worker, and Maintenance Worker I and II. 1.2 Dues Deduction: The Town shall, in a single payroll deduction made bi-monthly, deduct the amount of Union Dues or fees as specified by the Union and authorized by each affected employee in accordance with rules and regulations to implement the Employer-Employee Relations Resolution. Said deductions are to be made without fee charged to the Union. The Union agrees to hold the Town harmless from any liability arising from such deduction. 1.3 COPE Deduction: The Town agrees to the establishment of a payroll deduction program for voluntary unit member contributions to the Committee on Political Education (C.O.P.E.). Section 2. UNION REPRESENTED EMPLOYEE RIGHTS 2.1 The Union's right to represent its members before the Town Council or advisory boards or commissions or the Town Manager or his/her designee with regard to wages, hours, and working conditions or other matters within the scope of representation. 2.2 The right to be given reasonable written notice of any proposed ordinance, rule, resolution, or regulation, or amendment hereto, relating to matters within the scope of representation. 2.3 Reasonable access to employee work locations for officers of the Union and the officially designated representatives for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the Town or established safety or security requirements. 2.4 Employees represented by the Union shall be free to participate in Union activities without interference, intimidation, or discrimination, in accordance with State law and Town Policies, rules, and regulations. Section 3. MANAGEMENT RIGHTS The rights of the Town include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; train and direct its employees: take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; and to make rules and regulations for its employees consistent with this Memorandum of Understanding. The Town maintains the right to use qualified volunteers or reserves in the Town service, provided such use does not adversely affect wages, hours, and other terms and conditions of employment. Use of said individuals shall be in accordance with State law and regulations. Nothing contained within this Article is intended to, in any way, supersede or infringe upon the rights of the recognized employee organization as provided under State and Federal law, including, but not limited to, California State Government Code Sections 3500 through 3510, inclusive. Section 4. NO DISCRIMINATION 4.1 Employment by the Town shall be based upon merit, qualifications and ability. There will be no unlawful discrimination in hiring, promotion, advancement, termination or any other personnel action based on an individual's race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, veteran's status, sexual orientation, age or sex. . There shall be no discrimination against any disabled individual solely based on such disability, unless that disability prevents the individual from meeting the minimum standards established for the employment position the applicant seeks. 4.2 No member, official, or representative of the Union shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Union. Section 5. SCOPE OF AGREEMENT 5.1 Term: This Agreement shall be in effect from July 1, 2011 through June 30, 2012. 5.2 Procedure for Meet and Confer: The Town, through its representatives, shall meet and confer in good faith with representatives of the Union regarding matters within the scope of representation. These matters include employee wages, hours, and other terms and conditions of employment, in accordance with the provisions of the Meyers-Milias- B rown Act. SEIU 1021 shall submit their next contract proposal to the Town Manger no later than March 31, 2012.. The Town shall commence contract negotiations within 45 days following receipt of the contract proposal. Section 6. EMPLOYEE REPRESENTATIVES 6.1 The Union may by written notice to the Town Manager, designate a member of the unit as an Employee Representative. The Employee Representative shall be permitted reasonable time during regular work hours for Union activities. Total employee time shall not exceed the equivalent of one hour per week, or a total of fifty-two (52) hours during the fiscal year. The Employee Representative shall secure permission from his/her Supervisor before leaving a work assignment for pertinent Union responsibilities. Such permission shall not be unreasonably withheld. 6.2 Employee Representatives may investigate and process formal grievances by employees. 6.3 The Union may request that the Town meet and develop a format for Management- Labor meetings and a Memorandum of Understanding orientation meeting. Section 7. CAFETERIA BENEFITS PLAN The Town agrees to pay the cost of group dental, life, long term disability, medical and hospital insurance program coverage of up to One Thousand and fifty dollars $1,050 per regular full-time represented employee. If the full sum specified is not used for the group insurance cost of a given employee, then that amount, not to exceed $400 per month, shall be deposited into the Town's Deferred Compensation Plan in the employee's name. See Section 7(a) for exception to $400 per month cap. Any part- time employee shall receive a prorated amount of this monthly allowance based on their full-time equivalence. 7.1 Medical/Hospital Insurance: The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A full-time employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. If the full sum specified is exceeded for group insurance cost of a given employee and dependents, then that employee shall pay the balance of the monthly cost via payroll deduction. Such insurance is mandatory for all full-time employees unless they can demonstrate compliance with other coverage. 7.2 Dental Insurance: The Town of Tiburon offers its full-time employees and their dependents the Delta Dental plan. Such insurance is mandatory for all full-time employees and their dependents, unless they can demonstrate compliance with other coverage. 7.3 Life Insurance: The Town of Tiburon offers its full-time employees a $15,000 life insurance policy. Such insurance is mandatory for all full-time employees. 7.4 Disability Insurance: The Town of Tiburon offers its full-time employees long term disability insurance. Such insurance is optional. The current maximum monthly benefit is $1,500. The Town is agreeable to meet with members of the bargaining unit to determine if they would like to increase this maximum monthly benefit. Any premium increase would be borne by the employee through the cafeteria benefit plan. 7.5 Long Term Care: The Town of Tiburon offers its full-time employees a long term care policy. Participation is optional. 7.6 Vision Care Insurance: The Town is willing to explore and provide a vision care insurance program in which participation is strictly voluntary for any employee. If the Town is unable to find an insurance provider that will insure based on the plan being voluntary, then such insurance shall not be made available to employees of the Town. 7.7 IRS 125 Plan: The Town of Tiburon offers its employees the ability to participate in its IRS 125 Plan. Participation is optional. 7.8 FMLA & ADA: FMLA FMLA shall be administered pursuant to applicable federal and state law. ADA ADA shall be administered pursuant to applicable federal and state law. 7.9 Change in Employee Benefits Plans: From time to time, at its option, the Town intends to evaluate the hospital-medical, dental, life, and long-term disability insurance plans currently available to employees to determine if similar or better coverage may be available at a lower cost to the Town. The Town may substitute new insurance carriers or arrange for self-insurance provided that the overall coverage is equal to or superior to the present coverage and provided that the Town meets with the Union to confer on any new plan before it is implemented. Section 8. RETIREMENT PROGRAM 8.1 Scope of Benefits: The Town of Tiburon provides the two percent (2%) @ Age 55 Cal- PERS retirement formula for full-time personnel covered under this Memorandum of Understanding. The Town contributes its employer required amount of retirement benefit as stipulated each year by Cal-PERS. Effective July 1, 2011, each member of this unit shall pay his/her portion of the required CalPERS retirement contribution of 7% towards retirement. This employee retirement contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code 414(h)(2). The Town provides the single highest year retirement calculation for full-time employees covered under this Memorandum of Understanding. The Town provides the following additional CalPERS benefit to employees covered under this Memorandum of Understanding. 1. Death Benefits - $600 2. Unused Sick Leave Service Credit 3. 19594 th Level Survivors Benefits 8.2 Paid Medical at Retirement: For employees hired prior to July 1, 2011, the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based on the following conditions: 1. The employee must retire directly from employment from the Town of Tiburon and apply to PERS for retirement benefits. 2. The retiree's medical allowance is fixed and capped at the Kaiser employee rate which is in effect at the time of the employee's retirement. 3. The Town's contribution rate is based on the following formula: a. Fifty percent (50%) of the Kaiser employee rate at t-en-fifteen (15) years of consecutive service. b. Seventy five percent (75%) of the Kaiser employee rate at fifteen twenty (20) years of consecutive service. c. One hundred percent (100%) of the Kaiser employee rate at twenty-five (25) years of service. Employees hired after July 1, 2011 shall not be eligible for this benefit. Section 9. HOLIDAYS In accordance with Government Code and the Town Personnel Rules and Regulations, the following holidays shall be observed by the Town: Hnl nAY Independence Day Labor Day Veteran's Day Thanksgiving Day After Thanksgiving Christmas Eve Christmas New Year's Eve New Year's Day Martin Luther King Day President's Day Memorial Day DATE OBSERVED July 4 1 St Monday in September November 11 4th Thursday in November 4th Friday of November December 24 December 25 December 31 January 1 3rd Monday in January 3rd Monday in February Last Monday of May Section 10. SICK LEAVE 10.1 Use of Sick Leave: Sick leave may be taken in one-half hour increments for absences from duty made necessary by: 1. Personal illness, caused by factors which are not within the employee's immediate control. 2. Injury not incurred in line of duty, except where traceable to employment other than the Town. 3. Medical, dental or eye examination or treatment for which appointment cannot be made outside of working hours. 4. Death of a close relative, or any member of the employee's household, where such leave is approved by the Department Head. 5. Hospitalization of a close relative, or any member of the employee's household, where such leave is approved by the Department Head. 6. Care of a close relative, or any member of the employee's household who is ill or injured, though not hospitalized, where such leave is approved by the Department Head. 10.2 Sick Leave Accumulation: Sick leave with pay shall be granted to all full-time employees except as hereinafter provided. An employee shall accumulate one (1) sick leave day per month from date of hire until terminated, or on leave without pay. There is no cap on the amount of sick leave that may be accumulated. Employees who are absent without pay for any reason more than ten (10) working days during a calendar month, shall not accumulate sick leave for that month. 10.3 Holidays During Sick Leave: Holidays and regular days off occurring while an employee is on sick or special leave shall not be charged against such employee's sick leave credits. 10.4 Payment for Unused Sick Leave: Employees of this Unit hired before July 1, 2011, may receive payment of 50% of the value of their unused sick leave up to a maximum of 60 days if the following conditions are met: 1. The employee files for service retirement from the Town, and 2. The employee voluntarily separates from the Town and has at least fifteen (15) years of service with the Town. Effective July 1, 2011, the cash value of this benefit will be determined based on each employee's hourly rate and number of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days or 480 hours). This value will be documented and the value capped. This value cannot grow through additional accrued sick leave or though increases in hourly pay rate. Employees with 15 years or more service with the Town may request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% of the eligible sick leave hours, they will not be entitled to any further sick leave cash-out upon retirement or separation of employment with the Town. Those hours cashed out will be deducted from the employees sick leave balance. If an employee is not eligible for, or elects not to take, the early cash-out option, they shall be paid the frozen dollar value upon separation of employment with the Town. The only way the frozen dollar amount can be lowered is if an employee has less accrued sick leave hours upon separation of employment than they do on July 1, 2011. For tax planning purposes, should an employee desire to take the early cash out option, they will be allowed to take this payment in either 2011 or in January 2012. For the purpose of providing examples of this section, attached to this MOU is Exhibit "A". Employees of this Unit hired after July 11, 2011 shall not be eligible for payment of unused sick leave. 10.5 Termination of Sick Leave: Sick leave shall automatically terminate on the date of retirement or on the date upon which an ordinary disability allowance under the retirement system becomes effective. 10.6 Sick Leave Notification and Proof of Illness: In order to receive compensation while on sick leave, the employee shall notify his/her immediate superior, prior to or at the time set for beginning his/her daily duties or as may be specified by the Department Head, of the reasons for requiring such. Failure to notify the immediate supervisor may be grounds for denial of such leave with pay. 10.7 Proof of Illness: In any request for sick leave with pay for three (3) or more calendar days, the Department Head may require a statement in writing signed by a licensed incapacitated and unable to perform his/her duties. The Town has the right to determine by reasonable means the validity of any sick leave used by any employee at the time. Section 11. LEAVE WITH PAY The following conditions provide for leave with pay: 11.1 Military Service: Military leave shall be granted in accordance with State and Federal law. 11.2 Jury Duty: All employees occupying authorized regular positions shall be allowed paid leave for jury duty upon presentation of jury notice to the Department Head or Town Manager. The employee shall receive full pay for the time served on the jury. Monies received from the courts by the employee for jury duty will be deposited with the Town, with the exception of mileage reimbursement. 11.3 Vacation Leave: All regular employees occupying a position shown in the Annual Salary Program shall become eligible for vacation leave with pay as shown in Section 12 below. Section 12. Vacation 12.1 Vacation Leave Accrual: Vacation leave with pay shall be credited to all employees at the following rates: 1. First five years service - 1 day per month, or 12 working days per year. 2. Second five years service - 1-1/2 days per month, or 18 working days per year. 3. Third five years service - 1-2/3 days per month or 20 working days per year. 4. 20 years service or more -_1 -3/4 days per month or 21 days per year The yearly vacation leave shall be pro-rated and credited to each employee's account monthly. 12.2 Payment for Unused Vacation Time: When an employee terminates, fractional periods of vacation shall be calculated and credited to the employee's account. Compensation will be at the employee's daily rate of pay. 12.3 Vacation Leave Accumulation: Vacation leave for employees with less than five (5) years service may accumulate up to twenty (20) days and employees with more than five (5) years service may accumulate up to thirty (30) days. Employees who are on leave or suspension without pay for more than ten (10) working days in any calendar month shall not accumulate vacation leave for that month. 12.4 Sickness During Vacation Leave: Sickness occurring during vacation leave, upon doctor's certification, will be considered sick leave and will not be charged against the employee's vacation leave. 12.5 Vacation Leave Scheduling: Requests for vacation leave shall be submitted in advance by the employee in writing to the Department Head, who shall approve the time employees may take their vacation. 12.6 Employees represented by the Union may use either vacation leave or leave without pay for the purpose of attending Union training. Adequate notice of such leave must be provided to the employee's supervisor. Section 13. FURLOUGH Each year, by August 1 St , the Town Manager or his/her designee shall notify the Union as to whether employees of the Town shall be allowed to take a furlough between the Christmas Eve and New Year's Day holiday observances. The exact terms of the furlough will also be disclosed at that time. The Union will notify the Town Manager by October 10th of its desire to participate in any potential furlough. Section 14. SALARY Effective July 1, 2011 the monthly salary range for each classification shall be increased 3.5% as follows: POSITION Step A Step B Step C Step D Step E Maintenance Worker 1 3,782 3,981 41191 4,412 4,643 Maintenance Worker II 4,071 4,285 4,511 4,749 4,998 Public Works Foreman 4,911 5,169 51441 5,727 6,030 Senior Maintenance 4,281 41506 41744 4,994 57256 Worker 14.1 Advancement of Salary: The following criteria shall apply to advancement within salary ranges of individual employees who are on a step plan: 1. Step A shall be the minimum hiring rate. 2. Step B: Employees shall be eligible for advancement to Step B, or the next highest step upon completion of twelve (12) months employment. 3. Additional Steps: Employees shall be eligible for advancement to the next step upon completion of one (1) year at the previous step. The Department Head is responsible for determining that there has been satisfactory growth in the service value of the employee, and final approval is determined by the Town Manager. The Town Manager may increase an employee's salary range on the basis of merit within the range set forth. The Town Manager may also designate the salary rate or step at which an employee is appointed. 10 Section 15. OVERTIME 15.1 Definition: Authorized time worked in excess of forty (40) hours in one (1) week as defined by the Town and consistent with FLSA shall constitute overtime. Time paid for but not worked such as paid sick leave and paid holidays shall be included in the computation of said forty (40) hour workweek. 15.2 Policy: It is the policy of the Town to keep overtime at a minimum consistent with the efficient operation of the Town. Overtime must be authorized in advance by the Department Head and must be in compliance with the overtime policy as set forth in the Town's Personnel Rules and Regulations. 15.3 Overtime Pay: Overtime shall be paid at the rate of pay of time and one-half (1-1/2) the base hourly salary. 15.4 Compensatory Time: Each employee may elect to convert ten (10) overtime hours per year to compensating time off. The maximum compensation time hours credited to the employee shall not exceed thirty-five (35) hours at any time. The use of these hours shall be by mutual agreement of the employee and the Employer. 15.5 Stand-by Pay: The Town seeks clarification of stand-by pay for Public Works employees. Within six months of ratification of this agreement, a subsequent side letter will be agreed upon. Section 16. TUITION REIMBURSEMENT PROGRAM Each full-time employee represented by this Memorandum of Understanding, a tuition reimbursement program shall be offered. The Town will reimburse costs equivalent to the cost of tuition, books and fees at California State University rates. To qualify for reimbursement, employees must submit certified transcripts with evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts. This provision shall be suspended for the period July 1, 2011 through June 30, 2012. Section 17. NOTICE TO EMPLOYEES Employees shall receive ten (10) working days notice whenever the Town makes a change in the work schedules. Section 18. UNIFORMS FURNISHED AND MAINTAINED 18.1 The Town will supply and launder an adequate supply of uniforms for those employees required to wear them. 18.2 The Town will supply adequate rainwear and rain boots for those employees required to wear them in the line of duty. 11 18.3 The Town will pay up to One hundred Fifty Dollars ($150.00) per fiscal year for work boots for those employees required to wear them in the line of duty. Replacement shall be on an as-needed basis, as determined by the Town, but replacement shall not be unreasonably withheld. 18.4 The Town will reimburse maintenance workers for the cost of safety lenses to their prescription glasses. 18.5 The Town requires that uniformed (Public Works) employees wear Town provided uniforms, including pants, shirts, hats, belts and shoes or boots. Section 19. HEALTH AND SAFETY Safety equipment is supplied by the Town to its personnel. All employees shall possess and have immediately available for their use those items of safety equipment, issued and which are described by Town Regulations. Furthermore, the Town agrees to provide and maintain a safe and healthy work environment. Section 20. SENIORITY 20.1 Department Seniority: Employees shall be placed on the Town seniority list in accordance with their most recent date of hire. 2. When two (2) or more employees are assigned to the payroll on the same date, seniority shall be given in accordance with their relative standing on the respective eligibility list. 20.2 Classification of Seniority: 1. Employees shall be placed on a classification seniority list in accordance with their most recent date of appointment to the specific classification. 2. When two (2) or more employees are appointed or promoted to the same classification on the same date, seniority shall be based upon their relative standing on the respective eligibility list. Section 21. LAYOFF AND RE-EMPLOYMENT 21.1 Notice of Layoff: The Town Manager shall give at least three (3) weeks' advanced written notice to employees to be laid off. Such notice shall also be furnished to the Union. 21.2 Order of Layoff: Layoffs shall be determined by job classification in reverse order of seniority, as determined by the length of continuous service with the Town in full-time, non-probationary status. Layoffs and leaves of absence without pay shall be bridged in computing the employee's length of continuous service. 12 21.3 Bumping Rights: An employee who has achieved full-time, non-probationary status at the time of layoff may displace the least senior employee in the lower classification, provided that the employee to be laid off has greater seniority than the least senior employee in the lower classification and further provided that the employee to be laid off had previously held permanent status in that lower classification. 21.4 Re-employment: An employee who has achieved full-time, non-probationary status at the time of layoff shall have his/her name placed on a re-employment list, which shall be maintained for a minimum of twenty-four (24) months from the time of layoff. Former employees on the re-employment list shall be called first by seniority to fill openings in the classification from which the employees were laid off before other candidates are hired to fill those openings. Employees bumped as a result of a layoff shall be allowed to return to openings in the position from which they were bumped by seniority at the salary for the position to which the employee returns. Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Section 22. DISCIPLINARY ACTION The following procedure shall be adhered to for non-emergency suspensions, discharges and disciplinary actions of employees: 22.1 Disciplinary Procedure: 1. The concerned employee shall be given written notice of the proposed action within seventy-two (72) hours of the incident resulting in disciplinary action. Such written notice shall include a statement of the reasons why the disciplinary action is being proposed and shall include a copy of the charges being considered by the Town management in addition to a statement of employee rights appropriate to the preliminary notice. 2. The employee shall be shown the documents or materials upon which the disciplinary action is based; and if practical, he or she shall be supplied with a copy of those documents. 3. After being given a reasonable opportunity to review the documents and materials set forth in paragraphs 1 and 2 above, the employee shall, within ten (10) days, be given the right to respond, either orally or in writing (at the option of the employee), to the authority initially imposing discipline. 4. No discipline shall be imposed, other than emergency suspensions prior to the conclusion of the opportunity to respond; any discipline then imposed shall be effective after that time. 22.2 Suspension: The Department Head may suspend an employee without pay from his/her position at any time for cause, not to exceed three (3) working days in one (1) fiscal year. Such suspensions shall be reported immediately to the Town Manager. The Town 13 Manager may suspend an employee at any time for cause for a period not to exceed thirty (30) working days in a fiscal year. 22.3 Demotion: The Town Manager may demote an employee whose ability to perform the required duties of his/her position fall below standard or for disciplinary purposes. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. 22.4 Reduction in Salary: The appointing authority may, within the minimum and maximum salary range for the position, reduce or decrease the salary level of an employee whose ability to perform the required duties of his/her position falls below standard, or for disciplinary purposes. 22.5 Discharge: An employee in the career service may be discharged for cause at any time by the Town Manager. Any employee who has been discharged shall receive a written statement of the reasons for such action at the time of discharge. 22.6 Cause for Discipline: Disciplinary action may be taken for causes listed in Section 19572 of the Government Code or for any of the following: 1. Unauthorized absence. 2. Being under a controlled substance while on duty. 3. Neglect of duty. 4. Negligence or willful damage to public property or waste of public supplies or equipment. 5. Violation of any lawful regulation or order made and given by a line supervisor. 6. Willful violation of any of the provisions of the Ordinance of the Town, these rules, or other promulgated by the Town Manager as Administrative Orders. 22.7 Appeal: A regular employee may, within ten (10) calendar days after the effective date of demotion, discharge, reduction in pay, or suspension, file a written appeal with the Town Manager. The Town Manager may conduct an investigation of the appeal he/she deems appropriate and make a finding within fifteen (15) calendar days. If the employee is dissatisfied with such finding, within ten (10) calendar days the employee may file a written appeal with the Town Council. The Town Council shall hold a hearing within thirty (30) calendar days thereafter. The Town Council shall render its decision on the appeal within fifteen (15) calendar days following the hearing and shall notify the employee and Town Manager in writing of its decision. Section 23. GRIEVANCE PROCEDURES 23.1 Definition: A grievance shall be defined as any claimed violation, misinterpretation, inequitable application or non-compliance with provisions of a collective bargaining agreement, or resolutions, rules, regulations, or existing practices affecting the status or working conditions of Town employees. 23.2 Right to File and Representation: A grievance may be filed by an employee on the employee's own behalf, or jointly by any group of employees, or by an employee organization. 14 An aggrieved employee may be represented by any person or organization of the employee's choice at any stage of the proceedings. A representative of an organization certified to represent a majority of employees in the representation unit, in which the aggrieved employee is included, is entitled to be present at all meetings, conferences and hearings. The Town shall act as a central repository for all grievance records. Any time limit may be extended only by mutual agreement of the parties in writing. 23.3 Informal Grievance Procedure: Within five (5) working days of the event precipitating the grievance, the grievant shall present the grievance informally for the disposition by the employee's immediate supervisor, or at any appropriate level of authority. Presentation of an informal grievance shall be prerequisite to the instituting of a formal grievance. 23.4 Formal Grievance Procedure: If the grievant believes that the grievance has not been redressed through the informal grievance procedure within five (5) working days from the date the grievant informally presented the event precipitation the grievance to his/her immediate supervisor, he/she may initiate a formal grievance within five (5) working days thereafter. A formal grievance can only be initiated by completing and filing a memorandum with the Department Head. The memo shall contain: 1. Name(s) of grievant 2. Official Job Title(s) and Classification(s) 3. Department(s) 4. Home Mailing Address(es) 5. A clear statement of the nature of the grievance (citing applicable ordinances, rules or regulations, or contract language) 6. The date upon which the event precipitating the grievance occurred 7. A proposed solution to the grievance 8. The date of execution of the grievance form 9. The signature of the grievant(s) 10. The name of the organization or individual, if any, followed by the signature of the representative. Step 1 - Within ten (10) working days after a formal grievance is filed, the Department Head shall investigate the grievance and confer with the grievant in an attempt to resolve the grievance and make a decision in writing. Step 2 - (a) If the grievance is not resolved to the satisfaction of the grievant in Step 1, he/she may, within not more than five (5) working days from his/her receipt of the Department Head's decision, request consideration of the grievance of the Town Manager by notifying the Town Manager. (b) Within ten (10) working days after such notification, the Town Manager shall investigate the grievance, confer with the employee affected and their representatives to the extent the Town Manager deems necessary, and render a decision in writing to the grievant. If the decision does not resolve the grievance to the satisfaction of the grievant, the grievant may proceed to Step 3. 15 Step 3 - If the grievance is not resolved in Step 1 or Step 2, a final appeal may be filed, in writing, with the Town Council, not more than five (5) working days from the employee's receipt of the Town Manager's decision. The Town Council shall, within thirty (30) days of receiving the grievance, hear and decide upon the grievance. The Town Council's decision is final and binding in all respects. No employee shall, as a direct or proximate result of such grievance, suffer dismissal from the service of the Town, transfer, demotion, reduction in salary, or other disciplinary action. Section 24. POSITION RECLASSIFICATION PROCEDURE The Town of Tiburon seeks to maintain a classification system and process whereby all positions are accurately classified on the basis of current and ongoing job responsibilities officially assigned to said position(s). 24.1 Reclassification Procedure: The Appointing Authority or their designee or an incumbent of a position or the Union on behalf of an employee may request, in writing, a classification review. This classification review may be requested if the position has not been revieweing with the previous twelve (12) months and either permanent and substantial changes have been made in the duties and responsibilities assigned to the position or there is evidence that the majority (50% or more) of the work being performed in not appropriate for the position's current classification. 1. All requests for reclassification must be submitted to the Personnel Officer in writing. 2. Employee initiated reclassification request must first be directed to he employee's appointing authority. The appoint authority shall forward the employee's request to the Personnel Officer within ten (10) days of receipt. 3. The Personnel Officer shall ensure the review (audit) of the employee's position is completed within sixty (60) calendar days of receipt of the request in his/her office. 4. Based upon the analysis and evaluation of a position, the Personnel Officer may recommend that the position be sustained in its current class or be reclassified (up or down) to the proper classification based upon the assigned work. The Town Manager or his/her designee shall review all reclassification recommendations made by the Personnel Officer. 5. Within ten (10) days of receipt of the written audit decision the affected employee(s) may, in writing, submit a request for review of this decision to the Town Manager. This request for review must show substantial error and/or omission on the part of the Personnel Officer. The Town Manager may render a decision on the appeal on the basis of the written material or may interview the involved parties to discuss the specific error omission prior to rendering a decision. 6. The Town Manager shall have final decision-making authority on all reclassifications. 7. Reclassifications shall become effective the first of the month following final approval of the action. Any changes of pay as a result of the 16 reallocation shall be in accordance with the Town's Personnel Rules and Regulations in effect at the time. Section 25. PERSONNEL FILES An employee or employee's representative, on presentation of written authorization from the employee, shall have access to the employee's personnel file. The Town shall furnish copies of all performance evaluation reports and letters of reprimand or warning to the employee prior to placement of such documents into the employee's personnel file. The employee shall be required to acknowledge the receipt of any document entered into the employee's personnel file without prejudice to subsequent arguments concerning the contents of such documents. Section 26. AGENCY SHOP/FAIR SHARE FEE 26.1 The Service Employees International Union, SEIU 1021 is the Union representing the Town's employee's listed in Section 1.1 of this Memorandum of Understanding. It is recognized that SEIU 1021 owes equal responsibilities to all employees in the representation unit and has a duty to provide fair and equal representation to all employees in all classes in the unit whether or not they are members of SEIU 1021. 26.2 All employees in the bargaining units represented by SEIU 1021, shall become members of SEIU 1021 or pay a fair share fee beginning the first pay period after July 1, 1986, and until termination of the contract. 26.3 All new employees hired in the bargaining unit on or after July 1, 1986, shall, beginning within the first thirty (30) days after such hire date and until the termination of the contract, either: 1. Become a member of SEIU 1021 and pay dues; or 2. Pay to SEIU 1021 a fair share fee. 26.4 During the term of this agreement, a fair share fee for services rendered by the Union shall be a percentage of the regular membership dues in accordance with the Government Code. Each employee shall have provided to him/her without prejudice the full representational services of the Union. Payments shall be made biweekly by payroll deduction. The appropriateness of the amount of the fair share service fee of non-members shall be reviewed by the Town at the beginning of the year. The parties agree that the fair share service fee is reasonable and appropriate. 26.5 The provisions specified above shall not apply during period of separation from the representation unit by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than five (5) working days. 17 26.6 Temporary and extra hire employees are excluded from the Agency fee contract provisions. 26.7 Annually, SEIU 1021 shall file with the Town an acceptable SEIU 1021 financial statement prepared and certified by a Certified Public Accountant. Such reports shall be made available to employees in the represented- unit by SEIU 1021 and the Town. 26.8 SEIU 1021 shall provide advance written notice of the amount of the pending fair share service fee to the Town. 26.9 The parties agree that a failure of an obligated employee hired after July 1, 1986, in a bargaining unit to pay a fair share fee shall be grounds for the Union to file an action against the employee in Small Claims Court subject to the following procedures: 1. SEIU 1021 shall notify the employee (and provide a copy to the Town) of non- compliance by certified mail, return receipt requested. Said notice shall detail the non- compliance by explaining that the employee is delinquent in not tendering a fair share service fee, specifying the amount of the delinquency, and warning the employee that unless such fees are tendered within thirty (30) calendar days, SEIU 1021 will file an action in Small Claims Court. 2. If the employee fails to comply, SEIU 1021 may file an action in Small Claims Court. 3. The Town shall not incur any costs due to Small Claims Court appearances by Town staff. 26.10 SEIU 1021 shall defend, indemnify and hold the Town harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that shall arise out of or by reason of, action taken or not taken by the Town under this article. This includes not only the Town's attorney fees and costs but the cost of management preparation time as well. The Town shall notify SEIU 1021 of such costs on a case by case basis. 26.11 The authorization for payroll deductions shall specifically require the employee to agree to hold the Town harmless from all claims, demands, suits or other forms of liability that may arise against the Town for or on account of any deduction made from the wages of such employee. 26.12 1. An election to implement the provisions of this Section shall not prohibit or restrict an election to rescind this provision as provided by Section 3502.5 of Government Code as follows: An Agency Shop provision in a Memorandum of Understanding which is in effect may be rescinded by a majority vote of all the employees in the unit covered by such Memorandum of Understanding, provided that: (1) a request for such a vote is supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit; (2) such vote is by secret ballot; (3) such vote may be taken anytime during the term of such Memorandum of Understanding, but in no event shall there be more than one (1) vote taken during such term. 18 2. All employees holding probationary or regular status in classifications included in the unit, on the last day of the pay period thirty (30) days prior to the holding of the election, shall be eligible to vote in a certification or a decertification election. 3. The ballot shall reflect a choice with the following wording: a. I vote in favor of agency shop/fair share fee; b. I vote against agency shop/fair share fee. 26.13 Religious Exemption: Rather than pay dues or a fair share/agency fee, an employee may opt to pay a fee to a charity under the following criteria: 1. Execute a written declaration with proof that the employee is and has been a member of a bona fide religious, body, or sect which holds a conscientious objection to joining or financially supporting any public employee organization as a condition of employment, and said employee shares that belief; and 2. Pay a sum equal to the agency fee to a non-religious, non-labor charitable fund chosen by the employee from those charities listed within United Way or CHAD. The employee shall furnish written proof to the Town and SEIU 1021 that his/her contribution has been made either on a biweekly payroll deduction basis or as one (1) annual payment made within thirty (30) days of the beginning of each new contract year. 26.14 This agency shop/fair share fee provision expires at the end of this contract period. Section 27. FULL UNDERSTANDING. MODIFICATION. WAIVER` 27.1 The parties jointly represent to the Town Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 27.2 Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the period of this Agreement with respect to any subject matter within the scope of the meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after November 2, 2005. 19 SIGNATURE PAGE MARIN ASSOCIATION OF PUBLIC EMPLOYEES, SEIU, LOCAL 949 David deTomasi, Town of Tiburon Shop Steward, SEIU 1021 9~~a -,V~ Rob Roland, Town of Tiburon Shop Steward, SEIU 1021 ul Carroll Union Representative SEIU 1021 TOWN OF TIBURON Margaret . Curran„ Town Manager Town of Tiburon Heidi Bigall, Director Admin. Services Town of Tiburon APPROVED AS TO FORM: / zx~ l/l Ann R. Danforth, Town Attorney Town of Tiburon '1 1 '2 ~ I "_Z I DATE 7-- 27- Zc t( DATE P - ?c DATE j DATE I DATE DAT 20 EXHIBIT "A" Section 10.4. Payment for Unused Sick Leave. Examples: Employee A has 2000 hours sick leave on the books at 7/1/11. He/she is eligible for 480 hours cash out. Employee's hourly rate is $30/hour. Amount eligible for cash out is $14,400 upon separation. Employee may elect to leave this amount on the books, or if they have over 15 years service with the Town they may cash out 60% of these hours in 2011 or 2012. This would amount to cashing out 288 (480 X 60%) hours @ $30/hour for a total of $8,640. Employee A's sick leave balance would be reduced by 288 hours to 1,712. They would no longer be eligible for compensable sick leave. They would continue to accrue unlimited sick leave which will be turned into service credit if they retire from the Town. If employee A leaves the amount on the books, they will be eligible for the payment of 480 hours @ $30/hours upon separation from the Town, providing they have a minimum of 960 hours sick leave on the books at that time. Should the employee have less than 960 hours, they will be compensated 50% of those hours at $30/hour. Employee B has 200 hours sick leave on the books at 7/l/1 1. He/she is eligible for 100 hours cash out (50% of 200 hours). Employee's hourly rate is $30/hours. Amount eligible for cash out is $3,000 upon separation. Employee may elect to heave this amount on the books, or if they have over 15 years service with the Town they may cash out 60% of these hours in 2011 or 2012. This would amount to cashing out 60 hours (100 X 60%) at $30/hour for a total of $1,800. Employee would no longer be eligible for compensable sick leave. Employee B's sick leave balance would be reduce by 60 hours to 140. They would continue to accrue sick leave which will be turned into service credit if they retire from the Town of Tiburon. If employee B leaves the amount on the books, they will be eligible for the payment of 100 hours @ $30/hours upon separation from the Town, providing they have a minimum of 200 hours sick leave on the books at that time. Should the employee have less than 200 hours, they will be compensated 50% of those hours at $30/hour. Employee C has 70 hours on the books at 7/1/11. They are eligible for cash payment of 35 hours. Employee C's hourly rate is $30/hours. Amount eligible for cash out is $1,050. Employee C has 15 years service with the Town. They are not eligible for 60% cash payment. Upon separation or retirement with the Town, Employee C will be paid for 35 hours sick leave at $30/hour, provided they have a minimum of 70 hours on the books at that time. If they have less hours they will be paid 50% of the hours at $30/hour.