HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) (2013 SIDE LETTER)A- 2013 -162
SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721
The City of Santa Ana (City) and the Service Employees International Union, Local 721(SEIU)
have met and conferred over the terms of a successor Memorandum of Understanding (MOU).
This document represents the agreement of the parties reflecting all of those changes to the
parties' current MOU. These changes once ratified by the SEIU and then approved by the City
Council of the City will go into effect as set forth herein. It is then the intent of the parties to
incorporate these changes into their MOU (which will be a comprehensive MOU incorporating
all the parties agreements) which will include any and all side letters of agreement entered into
between the parties which are not currently contained in the MOU. This will include updating
language currently in the existing MOU which has been subsequently modified by side letters
entered into between the parties prior to the negotiations for the successor MOU but after the last
MOU was signed off by the parties. The parties anticipate there will also be updates to the MOU
language to sections other than those set forth below which are necessitated by the parties'
agreements below.
1. Term
28.1 Term
The tern of this Agreement shall be from July 1, 2013 through June 30, 2015.
2. Salaries
4.3 Salaries.
A. Effective July 1, 2013 employees covered by this Agreement shall receive
a 1% salary increase.
3. Pers Contribution
12.6 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members.
Effective January 1, 2009, the City agrees to amend its retirement contract with
Ca1PERS to provide Miscellaneous employees covered by this agreement with the
2.7% at 55 Service Retirement benefit. Pursuant to CalPERS regulations, this
new formula will apply to employees that are in active status on the date this
amendment takes effect. This new formula will apply to each year of eligible
service credited with the City of Santa Ana.
Employee Contribution for Retirement Benefit. Effective April 1, 2013 the
employee's contribution rate will be reduced from 13% to 9 %. All employee
contributions for retirement benefits are paid to the employer cost (i.e., employer
contribution) in accordance with Government Code section 20516(f). The parties
acknowledge that this provision has been mutually negotiated and incorporated as
1
an essential element of the parties' MOU. In the event that either party wishes to
modify this provision in a successor MOU, the parties intend for this provision to
remain unchanged until a successor MOU is ratified or impasse procedures have
been concluded.
Pre- Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue
Service regulations, the City shall make the above employee deductions pre -tax
contributions.
For "New Members" within the meaning of the California Public Employees'
Pension Reform Act ( PEPRA) of 2013
The PEPRA went into effect on January 1, 2013. The parties agree that if there is
any other clean up or other retirement legislation which goes into effect during
this MOU and if there are provisions of that legislation which, by law,
automatically goes into effect, either party may request to negotiate over the
legislation, including over the impact.
Retirement Formula: Per Government Code Section 7522.20(a), the 2 %@ 62
retirement formula for non - sworn.
Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of his or her retirement, or some other 36 consecutive month period
designated by the member.
Effective April 1, 2013, employees shall pay one half of the normal cost rate, as
established by CalPERS.
4. Medical /Dental Insurance Contributions
11.1 Health Insurance
C. Effective January 1, 2013 the City contributed towards medical premiums
an amount consistent with the rates then in effect for each tier of the
lowest priced available Ca1PERS approved HMO medical plan for the
Other Southern California Region plan. Additionally, employees hired
after January 1, 2012 reimburse the City for the purchase of medical
insurance through the City through a payroll deduction in an amount equal
to the lesser of ten percent (10 %) of the value of the rates then in effect for
each tier of the lowest priced available Ca1PERS approved HMO medical
plan for the Other Southern California Region plan, or $50 per month. For
the period July 1, 2013 through June 30, 2015 the City shall continue to
make health insurance contributions at the rates in effect for 2013 or at the
rate of the lowest cost HMO medical plan for the Other Southern
California Region plan, whichever amount is greater.
2
11.2 Dental Insurance. Effective January 1, 2007, the City contribution amount was
increased to a maximum of up to ninety ($90) dollars per month per employee.
This contribution amount of ninety ($90) dollars per month per employee shall
remain in effect during the term of the Agreement, which expires June 30, 2015.
Any contribution necessary to maintain benefits under said dental plans in excess of the
amount set forth above shall be borne entirely by the employee.
5. Water Department Study
4.14 The City shall conduct a salary study comparing the compensation practices,
including certification pay, of surrounding cities and water districts with the City
relative to water department positions. The study will be completed by January 1,
2014 and the parties agree to meet and confer over the potential implementation
of any of the study findings.
6. Banked Holiday Hours
8.5 Holiday time off may be taken in increments of one -half (1/2) hour.
7. Tuition Reimbursement
7.2 Eligibility.
A. Applications for tuition reimbursement will be considered only from full -
time, permanent City employees who have completed probation.
B. Employees receiving financial assistance from other sources such as the
G.I. Bill, scholarships, etc. shall be eligible for reimbursement, subject to
Section 7.3 C, in an amount not to exceed the difference between the cost
of tuition and the amount of the other financial assistance received.
C. Applications will be approved only for courses directly related to the
employee's job or directly related to a promotional position in the
employee's occupational specialty.
D. Courses not ostensibly related to the employee's job, but which are
required to qualify for a degree that is directly related to his or her job,
may be reimbursable only after all required occupationally related courses
have been completed.
E. Prior to receiving tuition reimbursement, employees must submit
documentary proof of having received a grade of not less than "C" for the
course. If objective ratings are not rendered for a specific course, then a
certificate of successful completion must be submitted.
3
F. Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the sponsorship
of a Board of Education. Workshops, seminars, conferences and similar
activities not identifiable as a formal course of instruction within the
curriculum of a recognized educational institution, do not fall within the
purview of this program but may be authorized and funded by the
interested department without coordination with the Personnel Services
Department.
G. When an employee is required by his or her Department Head to attend a
particular course or seminar, the expense shall be borne entirely by the
department.
7.3 Reimbursement.
A. Reimbursement will be based on the cost of tuition or registration fees and
all required texts and related material for each course. Additional
expenses such as meals and parking fees are not reimbursable.
B. Costs for required texts are eligible for one hundred percent (100 %)
reimbursement subject to the following conditions:
1. That a duplicate of the required text(s) was unavailable for loan
from the departmental libraries prior to the commencement of
course work;
2. That any textbook(s) purchased by the City shall be submitted to
the employee's respective departmental library in order that such
text(s) may be made available to all employees.
C. Maximum tuition reimbursement is two thousand dollars ($2,000) per
fiscal year, which the employee may claim either as costs are incurred
during the year or as one lump sum.
D. Employees shall be limited, for purposes of tuition reimbursement, to a
maximum of two (2) collegiate level courses of not more than a total
number of units which is equivalent to six (6) "semester" imits per
semester. One (1) "quarter" unit shall equal two- thirds (2/3) of one (1)
"semester" unit.
8. Catastrophic Leave Donation
23.3 Catastrophic Leave Donation. In order to assist employees otherwise granted
leave of absence without pay by the City Manager because of a catastrophic, non-
4
industrial medical condition or injury, the City and Union agree to implement a
Catastrophic Leave Donation Program.
Nothing herein shall be construed to alter City policies and procedures as
provided in the Charter or ordinances of the City of Santa Ana or other provisions
of this Agreement with regard to granting unpaid leaves of absence.
The Catastrophic Leave benefit will be provided for non - industrial injury or
sickness only. The leave shall cover the uncompensated time prior to the
employee's becoming eligible for the L,T.D. benefits.
A. Guidelines. It shall be understood that all donations under this procedure
are voluntary and subject to taxation for the recipient.
1. Employees may donate vacation or compensatory time or one in
lieu holiday to the eligible employee. In no event shall sick leave
be donated.
2. Employees shall be provided a two -week period to submit
donations. Donations received after this two -week period shall not
be processed. The two -week period for each case shall be
designated by the Department Head or his or her designee as
provided herein below.
3. All vacation and compensatory time donations must be made in
two (2) hour increments. In lieu holiday donations must be for
eight (8) hours. There is no limit on the amount of the donation
that can be made.
4. Any authorization of donations not made in accordance with the
procedures outlined in Section- C, Subparagraph 2 below, will not
be processed.
5. All donations shall be irrevocable,
6. In the event the recipient returns to work before leave donations
have been exhausted, any balance on the books shall be accrued by
the recipient and designated as sick leave and may be used
pursuant to Article X, Sections 10.lA through 10.1K.
9. Joint Labor Management Team
23.4 Joint Labor Management Teams. The City and the Union previously formed Joint
Labor Management-teams for the purpose of exploring issues of mutual concern.
Each team was to be comprised of an equal number of labor and management
employees and was to be chaired by the Employee Relations Manager or his
5
designee. The Parties agreed that in no case shall the activity of a team create a
delay or hindrance to the ongoing operation of the City.
The Parties agree to continue to use the Joint Labor Management Team process,
including for those issues cited in the previous MOU but not completed. Those
consisted of Teams for Job Classification Studies, Web Page Hosting and Career
Ladder /Job Family study. The scope and purpose of these JLM's remains
unchanged from their previous description in prior MOU's.
The Parties hereto agree to form new Joint Labor Management Teams to discuss
the following:
1. The potential implementation of a new city -wide salary matrix; and
2. The adoption of language complying with the Public Employees' Medical
and Hospital Care Act (PEMHCA).
10. Standby Pay
5.4 Shift Differential.
A. General. An employee in a classification represented by the Union who is
continuously and regularly assigned to a schedule of work which requires
that he or she actually work a minimum of four and one -half (4 1/2) hours
between the hours of 5:00 p.m. and 7:00 a.m., will be paid a shift
differential for his or her entire work shift at a rate set ten (10) salary rate
ranges (approximately 5 %) higher than his or her then current base
monthly salary step; except, however, such shift pay differential shall not
be applicable to employees in the classification of Park Ranger and
Supervising Park Ranger.
B. Library Employ. Employees hired and assigned to the Library prior to
December 1, 1987, who work evening shifts until closing time, but who
are not otherwise eligible for shift differential as provided under
Subsection A above, shall receive, as special shift pay, an amount equal to
one -half (1/2) of one hour's pay for each day they work an evening shift
until closing time. Said special shift pay shall be computed on the hourly
equivalent of the base monthly salary step. Such half- hour's pay shall not
be counted toward the computation of overtime. Such special library shift
pay differential shall not be applicable to library employees hired on or
after December 1, 1987.
C. Early Morning Street Crews. A Street Maintenance employee who is
assigned to traffic painting or downtown cleanup crews who is
continuously and regularly assigned to a schedule of work which requires
that he or she actually work at least fifty percent (50 %) of his or her
normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m., will
0
be paid a shift differential for his or her entire work shift at a rate set ten
(10) salary rate ranges (approximately 5 %) higher than his or her then
current base monthly salary step.
D. Park Maintenance Worker. Employees in the classification of Park
Maintenance Worker who are regularly and continuously assigned to a
schedule of work which requires that they actually work a minimum of
two (2) weekend night shifts (4 1/2 hours) between the hours of 5:00 p.m.
and 7:00 a.m.) as part of his or her regular five (5) day work schedule, will
be paid a special night shift differential of five (5) salary rate ranges
(2.5 %) above his or her then current base monthly salary step.
E. Standby Pay. Employees who are released from active duty but who are
required by their department to leave notice where they can be reached
and be available to return to active duty when required by the department
at any time other than their regularly scheduled working hours, shall be
said to be on standby duty. Effective no later than the first (I't) day of the
second (2 "d) payroll period following Council approval, such employees
shall receive three hundred dollars ($300) per week when assigned to be
on standby duty.
Water Production, Water Maintenance, Public Works Maintenance,
Building Maintenance, and Information Services Division staff shall be
required to serve on standby duty and receive standby pay as defined
above. The City's preference will be to accomplish the above through
volunteers; however, qualified employees may be directed to be on
standby if the number of volunteers is insufficient.
In addition to the $300 per week Standby Pay, if an employee is able to
handle the incident by phone or other electronic means without reporting
to duty, he shall be entitled to overtime pay at the rate of 15 minutes or
actual time spent per incident whichever is greater, paid at time and one-
half (T 1/2) per incident.
The City agrees, after ratification of this Agreement, to timely present to
the Department Head of the Parks & Recreation Department the Union's
position for implementing a Standby Program in that Department. Within
30 days of the presentation, the Department Head will respond in writing
with his final and binding decision on the issue of a Standby Program in
that Department.
11. Fleet Technician
5.1 Assignment Pay Differential.
7
Effective November 1, 2001, assignment pay differentials, as listed herein and
throughout the agreement, will, in each case, be added individually and separately
to the employee's base salary. In no event shall one assignment pay differential
be added to the employee's base salary as a basis for the calculation of an
additional pay differential.
A. Incumbents in the classifications of Senior Office Assistant, Secretary,
Executive Secretary, or Planning Commission Secretary who are assigned
by a Department Head, with the prior approval of the City Manager, to a
position requiring the ability to take dictation at a rate of 70 words per
minute or better on a regular basis or as an essential or integral element of
the work of the position, will be paid a monthly differential of sixty dollars
($60) above his or her base monthly salary step for each full month of
such assignment.
B. Incumbents in the classifications of Park Maintenance Worker and Park
Maintenance Leader who are continuously and regularly assigned to
perform, either on a full -time or half -time basis, duties as a Park
Maintenance Planner- Scheduler, will be paid an assignment pay
differential at a rate set above their then current base monthly salary step
in accordance with the following schedule: twenty (20) salary rate ranges
(approximately 10 %) for full -time assignment; ten (10) rate ranges
(approximately 5 %) for half -time assignment.
C. An incumbent in the classification of Senior Office Assistant who is
continuously and regularly assigned to operate and who actually operates,
a two -way radio communications base station, will be paid at a rate set
five (5) salary rate ranges (approximately 2.5 %) above his or her then
current base monthly salary step.
D. Incumbents in the classifications of Fleet Equipment Technician I, II and
III who possess nationally recognized certifications for Automotive
Service Excellence Master Certification (ASE) and ASE Alternative Fuel,
will be paid an assignment pay differential at a rate set five (5) salary rate
ranges (approximately 2.5 %) for said certification, above their then
current base monthly salary step. The restrictions set forth in Section 5.7
do not apply to this provision.
E. Personnel in the classifications of Fleet Equipment Technician 1, 1I, II1,
and Fleet Equipment Supervisor, who maintain a valid State of California
Commercial Driver's License and are assigned to an area that requires the
possession of either a Class "A" or Class "B" license in the course and
scope of their work shall be paid at a rate set five (5) salary rate ranges
(approximately 2.5 %) above their then current base monthly salary step.
F
F. Personnel in the classification of Park Maintenance Worker who are
regularly and continuously assigned to and actually performing park
mowing duties using heavy mower equipment, will be paid at a rate set
twenty (20) salary rate ranges (approximately 10 %) above their then
current base monthly salary step.
G. Personnel in the classification of Park Maintenance Worker who are
regularly and continuously assigned to and actually performing duties as a
utilities coordinator will be paid at a rate set twenty (20) salary rate ranges
(approximately 10 %) above their then current base monthly salary step.
H. Personnel in the classification of Park Maintenance Worker who are
regularly and continuously assigned to and actually performing duties as
an irrigation technician will be paid at a rate set twenty (20) salary rate
ranges (approximately 10 %) above their then current base monthly salary
step.
L Personnel in the classification of Park Maintenance Worker who are
regularly and continuously assigned to and actually performing duties as a
pesticide operator will have the opportunity to earn up to fifteen (15)
salary rate ranges (approximately 7.5 %) above their then current base
monthly salary step for acquisition of the following: Department of Food
& Agriculture Qualified Applicator License = approximately 2.5 %;
Certificate in Ornamental Horticulture = approximately 5 %.
J. Personnel in the classification of Park Maintenance Worker who maintain
a valid Certified Pool Operator license and who are assigned to and
actually performing duties as an aquatics technician shall be paid at a rate
set five (5) salary rate ranges (approximately 2.5 %) above their then
current base monthly salary step.
K. Effective as soon as practicable following approval of this Memorandum
of Understanding by the City Council, an employee that is required by a
Department Head or their designee to perform the duties of a Notary
Public for the City, in addition to regular duties, shall be paid a monthly
differential of forty dollars ($40) above his or her then current base
monthly salary step.
12. Tool Allowance
13.1 Employees classified as Fleet Equipment Technician I, 11, or 11I, or Fleet
Equipment Supervisor shall continue to provide such tools as are ordinarily used
in the trade which shall be the personal tools of the mechanic. The City will
continue with one (1) or more vendors an account(s) for said employees who have
at least one (1) year of service in such classifications. Such employees shall be
allowed up to $1,000.00 per fiscal year with such vendor(s) in order to purchase
N
tools which, in the sole determination of the Fleet Services Manager, are
necessary for the performance of such employee's job duties. The City's policy
and procedure for the replacement of stolen tools shall be the same as it existed
prior to the effective date of this Agreement. The City shall bear no liability or
responsibility for such tools except as provided in this Section.
13. Uniform Allowance
14.1 All employees who are required by the City to wear a uniform while on duty shall
continue to be provided seven (7) sets of clean uniforms every two (2) weeks at no cost to
the employees. All field /yard maintenance, custodial and equipment repair employees
shall be provided eleven (11) clean sets every two (2) weeks at no cost to the employee.
All Police Records Personnel and the Senior Office Assistants assigned to the traffic
window shall be provided three (3) sets of uniforms made of Dacron and one (1) wool
sweater. The Union agrees that any such employee who wishes to be provided with one
(1) or more additional clean sets per week above the amounts specified above will be
required to pay the extra cost incurred for such additional set(s).
Effective July 1, 2013 (or the first pay period following council approval), the Uniform
allowance will be discontinued and the City shall no longer report to Ca1PERS any
portion of said uniform allowance as constituting compensation for the employee.
Agreed:
ffdward Raya, Mccutive Director
of Personnel
Ithk
Date
10
Agreed:
Date