HomeMy WebLinkAboutAgr 2012-07-01 (Service Employees International Union)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, 2012
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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.)
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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, 2012 through June 30, 2015.
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, 2015.. 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.
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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. Any part-time employee shall receive a prorated amount of this
monthly allowance based on their full-time equivalence.
Effective October 1, 2012 through March 30, 2013, 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 two hundred and twenty dollars and 88 cents. 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. Any part-time employee shall
receive a prorated amount of this monthly allowance based on their full-time
equivalence.
Effective April 1, 2013, the Town agrees to pay the cost of group dental, life, long term
disability, medical and hospital insurance program coverage in amount equal to the
Kaiser 2-party rate in effect on January 1, 2013. During the remaining term of this
contract the Town's contribution will increase or decrease with the premium associated
with the Kaiser 2-party rate.
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
8.1.1 Scope of Benefits:
For employees hired prior to July 1, 2013, the Town of Tiburon provides the two
percent (2%) @ Age 55 CalPERS 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 hired prior to July 1, 2013.
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
For employees hired on or after July 1, 2013, the Town of Tiburon shall provide the
two percent (2%) at age 60 retirement formula for full-time personnel covered under
this Memorandum of Understanding. 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 414(h)(2).
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 CalPERS for retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser employee only 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 ten (15) years of consecutive
service.
b. Seventy five percent (75%) of the Kaiser employee rate at fifteen (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:
H01 InAY
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
DATE OBSERVED
July 4
1St Monday in September
November 11
4th Thursday in November
4th Friday of November
December 24
December 25
December 31
January 1
T6 Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday of May
Section 10. SICK LEAVE
10.1 Use of Sick Leave: Sick leave maybe taken in one-half hour increments for absences
from duty made necessary by:
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
physician, or the submission of other sustaining evidence that the employee is
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. Union Unpaid Leave
12.1 Union Unpaid Leave: There will be an annual pool of 24 unpaid hours for Union
Training. This pool can be requested using the same method as vacation. No more than
one employee can utilize this leave at one time. The employee will not suffer any
change in benefits during the use of Union Leave.
Section 13. 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 14. FURLOUGH
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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 15. SALARY
Effective July 1, 2012 the monthly salary range for each classification shall be::
POSITION
Step A
Step B
Step C
Step D
Step E
Maintenance Worker
3,895
4,090
4,294
47508
4735
Maintenance Worker
4,071
47285
4,511
4,749
4,998
II*
Public Works Foreman
4,911
5,169
5,441
5,727
67030
Senior Maintenance
4,281
47506
4,744
4,994
57256
Worker
* Effective July 1, 2012, the positions of Maintenance Worker I and 11 shall be
consolidated to "Maintenance Worker". The current incumbent in the Maintenance
Worker II position shall be "Z" rated.
Effective January 1, 2013, the monthly salary range for each classification shall be
increased by 2%:
POSITION
Step A
Step B
Step C
Step D
Step E
Maintenance Worker
3,973
41172
4,381
4,600
47830
Maintenance Worker II
5,098
Public Works Foreman
5,060
51313
5,579
5,858
6,151
Senior Maintenance
47411
4,631
47863
5,106
5,361
Worker
Effective July 1, 2014, the monthly salary range for each classification shall be
increased by 2%:
POSITION
Step A
Step B
Step C
Step D
Step E
Maintenance Worker
4,053
47256
4,469
4,692
41927
Maintenance Worker II
5,200
Public Works Foreman
57162
5,420
5,691
5,975
6,274
Senior Maintenance
4,499
4,724
41960
5,208
51468
Worker
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Effective January 1, 2015, the monthly salary range for each classification shall be
increased by 2%:
POSITION
Step A
Step B
Step C
Step D
Step E
Maintenance Worker
4,135
4,341
4,558
4,786
5,026
Maintenance Worker II
5,304
Public Works Foreman
51265
5,528
5,805
6,095
6,399
Senior Maintenance
4,588
4,818
5,059
5,312
59577
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.
Section 16. 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 Polic : 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.
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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 17. 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 18. NOTICE TO EMPLOYEES
Employees shall receive ten (10) working days notice whenever the Town makes a
change in the work schedules.
Section 19. 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.
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 20. 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.
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Section 21. SENIORITY
20.1 Department Seniority:
1. 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 22. 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.
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.
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Section 23. 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
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.
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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 24. 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.
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)
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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.
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 25. 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 reviewing with the previous twelve (12) months and either permanent and
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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
reallocation shall be in accordance with the Town's Personnel Rules and
Regulations in effect at the time.
Section 26. 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 27. 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.
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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.
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.
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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
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.
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
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(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 28. 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.
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SIGNATURE PAGE
SEIU, LOCAL 1021
David deTomasi, Town of Tiburon DATE
Shop Steward, SEIU 1021
1(4~1 & 9&6r - -;g,
Rob Rol Town of Tiburon DATE
Shop e rd, E X021
Oul Carroll, Field Representative DATE
SEIU 1021
Lathe Gill Area ec r DATE
SEIU 10 1
Pet astelli, Field/Director DATE
SEIU 1021
TOWN OF TIBURON
Margaret . Curran„ Town Manager DATE
Town of Tiburon
Heidi Bigall, Director f Admin. Services DATE
Town of Tiburon
APPROVED AS TO FORM:
Ann R. Danforth, Town Attorney ATE
Town of Tiburon