Electrical Workers, Local 6 (July 1, 2024 to June 30, 2027)

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ARTICLE I - REPRESENTATION

1. This Memorandum of Understanding (hereinafter Agreement) is entered into by the Director of Human Resources, for and on behalf of City and County of San Francisco, its Boards and Commissions, and on behalf of City Departments (hereinafter collectively “City”) and Local Union No. 6, International Brotherhood of Electrical Workers, AFL-CIO (hereinafter “Union”).  This agreement shall be effective as of July 1, 2024, upon approval by the Mayor, adoption by the Board of Supervisors and ratification of the membership of the Union.

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I.A. RECOGNITION

2. The City recognizes International Brotherhood of Electrical Workers Local Union 6, AFL-CIO (IBEW 6) as the exclusive representative of all employees of the City and County of San Francisco assigned to Bargaining Unit 3 including:

1. 6248 - Electrical Inspector
2. 6249 - Senior Electrical Inspector
3. 6250 - Chief Electrical Inspector
4. 6252 - Line Inspector
5. 7229 - Transmission Line Supervisor I
6. 7238 - Electrician Supervisor I
7. 7244 - Power Plant Supervisor I
8. 7255 - Power House Electrician Supervisor I
9. 7256 - Electric Motor Repair Supervisor I
10. 7257 - Communication Line Supervisor I
11. 7273 - Communication Line Worker Supervisor II
12. 7275 - Telecommunications Technician Supervisor 
13. 7276 - Electrician Supervisor II
14. 7279 - Powerhouse Electrician Supervisor II
15. 7285 - Transmission Line Worker Supervisor II
16. 7287 - Supervising Electronic Maintenance Technician
17. 7308 - Cable Splicer
18. 7318 - Electronic Maintenance Technician
19. 7319 - Electric Motor Repairer
20. 7329 - Electronics Maintenance Technician Assistant Supervisor 
21. 7338 - Electrical Line Worker
22. 7345 - Electrician
23. 7350 - Transmission and Distribution Line Worker
24. 7354 - Apprentice Power Line Worker 1
25. 7357 - Apprentice Power Line Worker 2
26. 7390 - Welder
27. 7430 - Assistant Electronic Maintenance Technician
28. 7432 - Electrical Line Helper
29. 7480 - Power Generation Technician I
30. 7482 - Power Generation Technician II
31. 7484 - Senior Power Generation Technician
32. 7488 - Power Generation Supervisor
33. 7510 - Lighting Fixture Maintenance Worker
34. 9240 - Airport Electrician
35. 9241 - Airport Electrician Supervisor
36. 9242 - Head Airport Electrician
37. 9354 - Elevator and Crane Technician 
38.  9358 - Crane Mechanic Supervisor

b. and any and all employees assigned to new or different classifications hereafter who perform work within the scope of work covered by this Agreement or are accreted to bargaining Unit 3 pursuant to the procedures of the Employee Relations Ordinance.

3. The work covered by and subject to the terms and conditions of this Agreement shall be that work that upon execution of this Agreement is currently being assigned to employees in Bargaining Unit 3 in the classifications heretofore enumerated and/or claimed by IBEW Local 6.

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I.B. INTENT

4. This Agreement shall, to the extent its terms address a subject within the scope of bargaining and arbitration pursuant to Charter Section A8.409 et seq. supersede and prevail over any contrary ordinance, resolution, rule, charter provision and/or regulation of any agency of the City and County of San Francisco, including the Office of the Mayor, the Board of Supervisors, City Departments and/or City and County Boards or Commissions.

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I.C. NO WORK STOPPAGES

5. It is understood and agreed that during the term of this Agreement neither the Union nor any person covered hereunder shall engage in a strike, slowdown or work stoppage against the City and County of San Francisco, nor shall the Union or any person covered hereunder honor any picket line of any other group of City employees who are obliged under a contractual no strike provision or any provisions of the City Charter to refrain from strikes, slowdowns, or work stoppages against the City and County of San Francisco.

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I.D. OBJECTIVE OF THE CITY

6. Administrative Code Section 16.215 is incorporated herein and made a part hereof as if set forth in its entirety.

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I.E. MANAGEMENT RIGHTS

7. The City and County of San Francisco and its Departments retain all rights as set forth in the provisions in the Charter of the City and County of San Francisco, existing ordinances and Civil Service rules establishing and regulating the Civil Service System; provided, however, that amendments to said existing ordinances and civil service rules may be proposed through the meeting and conferring process.  These rights include but are not limited to the power, duty and right to: direct the work of employees; hire, promote, demote, transfer, assign and retain employees; suspend or terminate employees for proper cause; relieve employees of duties because of lack of work or funds; establish performance standards and evaluate employees; determine and implement the methods, means, assignments, classifications and personnel by which its operations are to be conducted; and to initiate, prepare, modify and administer its budget.  The City and its Departments have the right to promulgate reasonable rules and regulations pertaining to the employees covered by this Agreement, so long as these rules and regulations or any of the other rights in this paragraph do not conflict with any term or condition of this Agreement.

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I.F. OFFICIAL REPRESENTATIVES, STEWARDS, AND UNION/CITY RELATIONS COMMITTEE

1. Official Representatives

8. On July 1 of each year, the Union shall furnish to the Department of Human Resources Employee Relations Division a written list of Union Representatives with their assigned roles. During the course of the year, the Union shall amend the list as needed to ensure that the list is accurate and up to date.

9. The Union may select up to the number of employees as specified in the Employee Relations Ordinance for purposes of meeting and conferring with the City on matters within the scope of representation.  If a situation should arise where the Union believes that more than a total of five (5) employee members should be present at such meetings and the City disagrees, the Union shall discuss the matter with the Employee Relations Director and the parties shall attempt to reach agreement as to how many employees shall be authorized to participate in said meetings.

10. a. The organization's duly authorized representative shall inform in writing the department head or officer under whom each selected employee member is employed that such employee has been selected.

11. b. No selected employee member shall leave the duty or work station, or assignment without specific approval of appropriate Employer representative.

12. In scheduling meetings, due consideration shall be given to the operating needs and work schedules of the department, division, or section in which the employee members are employed.

2. Stewards

13. a. The Union shall have the right to appoint Stewards who shall be under the direction of the Business Manager of the Union where employees are employed under the terms of this Agreement.  On July 1 of each year, the Union shall provide the City with a written list of Stewards and their work locations. During the course of the year, the Union shall notify the City of any changes in the designation of Stewards.

14. b. The Stewards shall see that this Agreement and working conditions are observed, protecting the rights of both the City and the employees covered by this Agreement.  Their duties include the investigation and presentation of grievance for adjustment.

15. c. Upon notification of an appropriate management person, stewards, subject to management approval, which shall not be unreasonably withheld shall be granted release time to investigate and process grievances and appeals. Stewards shall advise their supervisors/management of the area or work location where they will be investigating and processing grievances.

3. Union/City Relations Committee

16. Effective September 1, 2019, the parties shall establish a Union/City Relations Committee with two (2) members from the Union and two (2) members from the City.  Additional members may be invited to a meeting on a case by case basis subject to mutual agreement of the parties.

17. Upon request of the Union, the Committee shall meet once every three (3) months, unless otherwise mutually agreed upon, to address matters that the parties agree are of mutual concern and that arise during the course of this Agreement, including, but not limited to, acting assignments and permanent civil service vacancies. These meetings shall take place in January, April, July, and October, subject to change by mutual agreement.

4. Union/City Electrical Safety Committee

18. Effective December 1, 2022, the parties shall establish an Electrical Safety Committee. The Union side of the Committee shall consist of two (2) staff members and/or officers of the Union and not less than three (3) City employees journey level or above, appointed by the Union. The City side of the Committee shall consist of an appointed representative from Employee relations, and three (3) additional committee members with electrical or safety background experience.  Additional members may be invited to a meeting on a case by case basis subject to mutual agreement of the parties. The purpose of the committee is to review and, if appropriate, make recommendations to change departmental electrical safety policies and procedures. The Committee shall meet quarterly in January, April, July, and October, subject to change with mutual agreement.

19. The parties agree to identify safety training practices consistent with industry standards. The Department of Human Resources will make best efforts to develop a Citywide training based on Committee recommendations.

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I.G. DUES DEDUCTION

1. Authorization for Payroll Deductions

20. a. The Union shall submit any request to initiate, change, or cancel deductions of Contributions from represented employees’ pay according to the Controller’s “Union Deductions Procedure” (“Procedure”), which the Controller may amend from time to time with reasonable notice to the Union.  “Contributions” as used in this Section I.G. means Union membership dues, initiation fees, political action funds, other contributions, and any special membership assessments, as established and as may be changed from time to time by the Union.

21. b. The City shall deduct Contributions from a represented employee’s pay upon submission by the Union of a request in accordance with the Procedure.  The Procedure shall include, and the Union must provide with each request, a certification by an authorized representative of the Union, confirming that for each employee for whom the Union has requested deduction of Contributions, the Union has and will maintain a voluntary written authorization signed by that employee authorizing the deduction.  If the certification is not properly completed or submitted with the request, the City shall notify the Union, and make the requested deduction changes only upon receipt of a proper certification.

22. c. The Procedure is the exclusive method for the Union to request the City to initiate, change, or cancel deductions for Contributions.  

23. d. The City shall implement new, changed, or cancelled deductions the pay period following the receipt of a request from the Union, but only if the Union submits the request by noon on the last Friday of a pay period.  If the Controller’s Office receives the request after that time, the City will implement the changes in two following pay periods.

24. e. If an employee asks the City to deduct Contributions, the City shall direct the employee to the Union to obtain the Union authorization form.  The City will not maintain a City authorization form for such deductions.  If a represented employee hand delivers the official Union form authorizing such deductions to the Controller’s Payroll Division, the City shall process the authorization and begin the deduction within thirty (30) days.  The City will send the Union a copy of any authorization form that it receives directly from a represented employee.  

25. f. Except as otherwise provided in this subsection 1, each pay period, the City shall remit Contributions to the Union, after deducting the fee under San Francisco Administrative Code Section 16.92.  In addition, the City will make available to the Union a database that includes the following information for each represented employee: name; DSW number; classification; department; work location; work, home, and personal cellular telephone number; personal email address if on file with the City; home address; and any Contributions amount deducted.

26. g. Except as otherwise provided in this subsection 1, the City shall continue to deduct and remit Contributions until it receives notice to change or cancel deductions from the Union in accordance with the Procedure, or it receives an order from a court or administrative body directing the City to change or cancel the deductions for one or more employees.  

27. h. With the exception of subsection (e) above, the Union is responsible for all decisions to initiate, change, and cancel deductions, and for all matters regarding an employee’s revocation of an authorization, and the City shall rely solely on information provided by the Union on such matters.  The City shall direct all employee requests to change or cancel deductions, or to revoke an authorization for deductions, to the Union.  The City shall not resolve disputes between the Union and represented employees about Union membership, the amount of Contributions, deductions, or revoking authorizations for deductions.  The City shall not provide advice to employees about those matters, and shall direct employees with questions or concerns about those matters to the Union.  The Union shall respond to such employee inquiries within no less than 21 business days after receipt.

2. Indemnification

28.    The Union shall indemnify, hold harmless, and defend the City against any claim, including but not limited to any civil or administrative action, and any expense and liability of any kind, including but not limited to reasonable attorney’s fees, legal costs, settlements, or judgments, arising from or related to the City’s compliance with this Section I.G.  The Union shall be responsible for the defense of any claim within this indemnification provision, subject to the following: (i) the City shall promptly give written notice of any claim to the Union; (ii) the City shall provide any assistance that the Union may reasonably request for the defense of the claim; (iii) the Union has the right to control the defense or settlement of the claim; provided, however, that the City shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing at its own expense; and provided further that the Union may not settle or otherwise resolve any claim or action in a way that obligates the City in any manner, including but not limited to paying any amounts in settlement, taking or omitting to take any actions, agreeing to any policy change on the part of the City, or agreeing to any injunctive relief or consent decree being entered against the City, without the consent of the City.  This duty to indemnify, hold harmless, and defend shall not apply to actions related to compliance with this Section I.G. brought by the Union against the City. This subsection 2 shall not apply to any claim against the City where the City failed to process a timely, properly completed request to change or cancel a Contributions deduction, as provided in subsection 1.

29. Upon written request by the Union, not more than once annually, the City agrees to provide to the Union gender information by job classification to the extent the City has such data and consistent with the City’s de-identification policies.

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I.H. GRIEVANCE PROCEDURE

30. Any disputes arising between the Union and the City involving interpretation, application, and/or compliance with the terms and conditions contained in this agreement shall be resolved in accordance with procedures set out herein. Grievances must state the basis, section(s) violated and remedy sought, without prejudice to subsequent amendments.

31. Disciplinary suspension and/or discharge grievances may be filed only by the Union, and shall be filed in writing with the appointing officer (step 3) within twenty one (21) calendar days of formal written notice to the Union of the final notice of discipline or discharge.

32. Contract grievances not involving suspension or discharge, may be filed at either Step 1 or Step 2 as appropriate within thirty (30) calendar days of the date of the events giving rise to the grievance, or within thirty (30) calendar days of the date the City/Union should reasonably have knowledge of the events giving rise to the grievance.

33.    Time limits contained herein are procedural in nature and may be mutually waived by the parties.

Procedural Steps

34. a. Step 1:  An employee having a grievance other than one involving disciplinary suspension or discharge, may first discuss it with the employee's immediate supervisor and try to work out a satisfactory solution in an informal manner.  Resolution of any grievance at this step without the formal intervention of the Union or the Director of the Employee Relations Division (ERD) shall not impair the position of either the Union or the Director of ERD in any subsequent dispute between the City and the Union which advances beyond this step.

35. b. Step 2:  Any grievance not satisfactorily resolved at Step 1, shall be reduced to writing and moved to the designated management official within twenty one (21) calendar days.  In the event that the Union and the designated management official are unable to resolve the dispute within twenty one (21) calendar days, either party may move the dispute to Step 3.

36. c. Step 3:  All grievances involving disciplinary suspension or discharge and any contract grievance not satisfactorily resolved at Step 2 shall be moved in writing to the Appointing Officer for resolution within twenty one (21) calendar days. In the event that the dispute is not resolved at the Appointing Officer level within twenty one (21) calendar days either party may move the dispute to Step 4.

37. d. Step 4: Grievances not satisfactorily resolved at Step 3 may be appealed to the Employee Relations Director within twenty one (21) calendar days of receipt of the Appointing Officer's decision. The Step 4 grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step. The Union shall make best efforts to include copies of all earlier correspondence (i.e. earlier grievance submissions and responses), materials, and evidence submitted at the earlier Steps of the Grievance Procedure. The Employee Relations Director shall review the appeal and may issue a decision no later than thirty (30) calendar days following the receipt of the appeal.

38. If the decision of the Employee Relations Director is unsatisfactory to the Union, only the Union may file a written appeal to arbitrate.  The Union must file a written appeal to arbitrate within thirty (30) calendar days from receipt of the Step 4 response by submitting a request for arbitration to the ERD Director. The ERD Director shall issue a letter referring the Union to the City Attorney’s Office. The Union shall contact the City Attorney’s Office by letter, copied to the Employee Relations Director, via US mail, within thirty (30) calendar days of the date of the ERD Director’s letter referring the Union to the City Attorney’s Office. If the Union fails to contact the City Attorney’s Office within thirty (30) calendar days of that letter, the grievance is deemed withdrawn.

39. The City shall provide the Union with a list of Designated Management Officials and Appointing Officers with their contact information by July 1st of each year, and shall update such list as needed.

Selection of the Arbitrator

40. a. When a matter is appealed to arbitration the parties shall first attempt to mutually agree on an arbitrator.  In the event no agreement is reached within seven (7) calendar days, the arbitrator shall be selected from a panel obtained through the State Mediation and Conciliation Service.

41. b. The parties shall make every effort to select a mutually agreeable arbitrator and schedule a hearing date within thirty (30) calendar days.  In the event the parties fail to agree, the arbitrator may be selected by alternately striking from the list supplied by the State Mediation and Conciliation Service.

42. c. The decision of the arbitrator shall be final and binding on all parties; however, the arbitrator shall have no authority to add to, subtract from, or modify the terms of this agreement.

43. d. The costs of the arbitrator and any court reporter and arbitration transcript, shall be split between the parties.  Costs of the parties’ transcripts and representation shall be borne by each party.

Discipline/Discharge

44. a. Probationary Employees: 
Probationary employees may be discharged at any time during the employee's probationary period without recourse to the grievance procedure, provided such discharge does not involve discrimination against such individual as defined in Article II A – Non Discrimination, or on account of union activities.

45. No discipline may be imposed which would have the effect of extending any probationary period without the consent of the Union.

46. b. Non-Probationary and Provisional Employees: 
Any permanent employee covered by this Agreement who is non-probationary may be disciplined for just cause.  Any provisional employee covered by this Agreement who has served the equivalent of a probationary period may be disciplined for just cause.  This provision does not apply to exempt employees.  Letters of reprimand and adverse employee evaluations shall not be subject to the grievance procedure unless referenced in a subsequent suspension, discharge or demotion which occurs within 2 years, provided however, that after one year, if there has been no subsequent disciplinary action, such letters of reprimand and/or employee evaluation may not be used to support a disciplinary action.

47. By Mutual Agreement between the City and the Union, in lieu of an unpaid suspension, the parties may agree to a temporary reduction in pay reducing an employee’s pay by 5%. The duration of such pay reduction shall correspond to the length of the suspension that would have otherwise been served.

48. c. Union Representation

No interview, investigatory or otherwise, which may reasonably lead to discipline may be conducted with any permanent non-probationary employee, or any provisional employee who has served the equivalent of a probationary period, who requests the presence of a steward and/or other Union representative at such interview.  Management shall have an affirmative duty to advise an employee prior to conducting such an interview of the employee’s right to Union representation at such interview.

49. d. Initiation of Discipline 

No action to impose discipline against an employee shall be initiated more than thirty (30) days from the date the employer knows of the conduct after diligent and timely investigation except for conduct which would constitute the commission of a crime. Initiation of discipline for the purposes of this provision is the date of the charging letter or notice.

50. e.  "Skelly” Rights

Any permanent non-probationary employee or any provisional employee who has served the equivalent of a probationary period subject to discipline or discharge shall be entitled, prior to the imposition of discipline or discharge, to a hearing and to the following:

51. (1) Notice of the proposed action;

52. (2) The reasons for the proposed action; and

53. (3) A copy of the charges and the materials upon which the proposed action is based; and the right to respond, either orally or in writing, to the authority initially proposing discipline. Any written response shall be submitted by the date the Skelly is scheduled. Any supplemental written response shall be submitted within seven (7) calendar days of the Skelly meeting.

54. (4) The employee shall be notified in writing of the decision. The employee's representative shall receive a copy of this decision.

55. (5) No discipline involving suspension, temporary reduction in pay, or discharge may be implemented unless the Union receives notice in writing of such proposed action at least nine (9) calendar days in advance of the date such discipline is to take effect. Such notice shall state the date the proposed action is to take effect.

Expedited Arbitration

56. By mutual agreement, the parties may utilize the following procedures:

57. Grievances of disciplinary suspensions of not greater than fifteen (15) days, and grievances of contract interpretation where the remedy requested would not require approval by the Board of Supervisors may be resolved through an expedited arbitration process.

58. The expedited arbitration shall be conducted before an arbitrator, to be mutually selected by the parties, and who shall serve until the parties agree to remove the arbitrator or for twelve months, whichever comes first. A standing expedited arbitration schedule will be established for this process.  The parties agree not to utilize court reporters or electronic transcription. The parties further agree not to utilize post-hearing briefs.

59. Each party shall bear its own expenses in connection therewith.  All fees and expenses of the arbitrator shall be borne and paid in full and shared equally by the parties.

60. In the event that an expedited arbitration hearing is canceled resulting in a cancellation fee, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless a mutually agreed upon alternative is established.

Termination Appeals

61. By mutual agreement, the parties may utilize the following procedures: Termination appeals will be filed directly at Step Four (Employee Relations Division). The parties agree to use their best efforts to schedule arbitration hearings for termination grievances within ninety (90) days of the appeal to arbitration. The parties may mutually agree to use the expedited arbitration process noted immediately above in lieu of regular arbitration.

62. The parties will agree in advance on an arbitrator or panel of arbitrators to hear all terminations. In the absence of an agreed-upon arbitrator, the arbitrator will be selected in the manner prescribed in paragraphs 38-39.

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I.I. SENIORITY

63. Seniority for purposes of layoffs, bumping, and holdover rosters, and any other seniority determinations that falls within the exclusive jurisdiction of the Civil Service Commission Rules, shall be in accordance with the Civil Service Commission Rules, including Civil Service Commission Rule 121. The Civil Service Commission Rules can be found on the Civil Service Commission Website.

64. The parties agree that there shall be two types of seniority recognized for departmental operating purposes:

65. 1. City Seniority: the date of commencement of continuous city service.

66. 2. Classification Seniority: the date of certification from a Department of Human Resources eligible list to a permanent position. Temporary seniority shall not be considered.

67. In the event that two or more employee's seniority begins on the same date, seniority shall be determined in accordance with Civil Service Rule 121.2.

68. Seniority shall not be affected or reduced by periods of authorized leave of absence or authorized reduction in work schedules.

69. As such seniority lists relate to those bids contained within the Departmental MOU, any modification must be by mutual agreement and in writing.

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I.J. BULLETIN BOARDS AND UNION ACCESS

70.  The City shall reserve a reasonable amount of space on bulletin boards within City buildings for the distribution of Union literature. All posted literature shall be dated, identified by the Union, and neatly displayed, and removed from the bulletin board by the Union when no longer deemed timely. Except as stated below, the City agrees that identifiable Union literature shall not be removed from said bulletin boards without first consulting with the representative of the Union to determine if the literature should remain. The Union shall not post literature that violates City policies prohibiting discrimination, harassment, retaliation, or mistreatment of persons, or that would constitute campaigning on behalf of or against a ballot measure or candidate for political office. The Department may remove any such literature and shall notify the Union of its removal.

Union Access

71. The City shall provide the Union reasonable access to all work locations during work hours to verify compliance with the terms and conditions of this Agreement and to confer with represented employees, provided that such access is subject to the rules and regulations immediately below.

72.  The Union agrees that its access to work locations will not disrupt or interfere with a City department's mission and services or the work of employees. The Union agrees not to engage in campaigning for or against an individual running for public elected office or ballot measures in work locations.

73. Union representatives may use City meeting space with a reasonable amount of advance notice and approval from the City agency or department, subject to availability. Such requests shall not unreasonably be denied.

74. The City may require a department representative to escort Union representatives when the Union representative seeks access to a work area where confidential or secure work is taking place, when the department would require an escort for other non-employees. Union representatives shall identify themselves before entering such work areas.

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I.K. POSTING OF VACANCIES

75.    Except in cases of urgent need, each City department shall post notices of vacancies in a prominent location in the department, and/or at each separate work location of the department, for a period of not less than ten (10) calendar days in order to afford employees interested in reassignment an opportunity to apply for a vacant position.  Each such notice shall be in standard announcement format.  The posting of notices or announcements shall be subject to the grievance procedure.  The appointment to the announced position shall not be subject to the grievance procedure.

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ARTICLE II - EMPLOYMENT CONDITIONS

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II.A. NON DISCRIMINATION

76. The City and the Union agree that this Agreement shall be administered in a nondiscriminatory manner and that discriminating against or harassing employees, applicants, or persons providing services to the City by contract because of their actual or perceived race, color, creed, religion, sex/gender, national origin, ancestry, physical disability, mental disability, medical condition (associated with cancer, a history of cancer, or genetic characteristics), HIV/AIDS status, genetic information, marital status, age, political affiliation or opinion, gender identity, gender expression, sexual orientation, military or veteran status, or other protected category under the law, is prohibited. This paragraph shall not be construed to restrict or proscribe any rule, policy, procedure, order, action, determination or practice taken to ensure compliance with applicable laws.

77. Neither the City nor the Union shall interfere with, intimidate, restrain, or coerce or discriminate against any employee because of the exercise of rights granted pursuant to the Meyers-Milias-Brown-Act. Neither the City nor the Union shall discriminate against an employee covered by this Agreement due to the employee’s Union membership or non-membership, or Union activity.

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II.B. PERSONNEL FILES

78. Only one (1) official file shall be maintained on any single employee in any one department.  Unless otherwise specified by the department, the official file shall be located in the departmental personnel office, or in larger departments, at the various divisional personnel offices of the department.  An employee shall be given a copy of any derogatory material to be included in the official personnel file.  The employee may submit a response to such material within 30 days of receipt of the copy of the derogatory material.  Nothing shall be placed in a personnel file unless signed and dated by the author.

79. Each employee shall have the right to review the contents of the employee’s file upon request.  Nothing may be removed from the file by the employee and copies of the contents shall be provided upon written request, according to departmental procedure.

80. With written permission of the employee, a representative of the Union may review the employee’s personnel file when in the presence of a departmental representative and obtain copies of the contents upon written request, according to departmental procedure.

81. Material relating to discipline in the employee’s personnel file which have been in the file for more than two (2) years of actual work, shall be sealed (i.e. shall remain confidential) to the maximum extent legally permissible from the date of the supervisor’s written recommendation of discipline, shall not be used for disciplinary purposes provided the employee has no subsequent disciplinary action since the date of such prior action. The envelope containing the sealed documents will be retained in the employee’s personnel file, to be opened only for the purpose of assisting the City in defending itself in legal or administrative proceedings. Performance evaluations are excluded from this provision.

82. The above provision shall not apply to any discipline resulting from a written determination by the City Equal Employment Opportunity Office that the Employee has violated City EEO policies and shall also not apply in the case of employees disciplined due to misappropriation of public funds or property; misuse or destruction of public property; drug addiction or habitual intemperance; mistreatment of persons; immorality; acts which would constitute a felony or misdemeanor involving moral turpitude; acts which present an immediate danger to the public health and safety. In such cases, an employee’s request for non-consideration may be considered on a case-by-case basis.

83. With the approval of the employee’s supervisor, an employee may request that material relevant to performance, commendations, training or other job related documents, be included in the personnel file.

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II.C. PROBATIONARY PERIOD

84. The probationary period, as defined and administered by the Civil Service Commission (“Probationary Period”) shall be as set forth herein:

2,080 regularly scheduled hours worked, including legal holiday pay (LHP) for all new hires;

1,040 regularly scheduled hours worked, including legal holiday pay (LHP) for a promotive appointment; and

520 regularly scheduled hours worked, including legal holiday pay (LHP) for all other job changes that require serving a new probationary period, including but not limited to transfers and bumping. If the employee is returned to duty in the same department from which the employee was laid off, the employee shall serve the remainder of any probationary period.
 
85. A probationary period may be extended for up to 1,040 hours by mutual agreement, in writing, between the Union, the employee, and the Appointing Officer. The City shall make reasonable efforts to give notice to the Union at least two weeks prior to the time that it seeks to extend an employee’s probationary period.

[For information purposes only – Civil Service Rule 117 sets forth the terms regarding extension of a probationary period to obtain a license or certificate.  The Civil Service rules can be found on the San Francisco Civil Service Commission website.]

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II.D. TRAVEL REIMBURSEMENT

1.    Travel Expense

86. a. No later than the first pay period after September 1, 2012, active represented employees who received Travel Expense pay in Fiscal Year 2011-2012 pursuant to paragraph 74 of the parties’ 2010-2012 Agreement shall receive a one-time lump sum payment equal to the amount of Travel Expense pay that they received in Fiscal Year 2011-2012.

2. Use of Private Automobile on City Business
87. a. Employees whose class specification and/or job announcement does not require the possession and use of an automobile as a condition of employment shall not be required to use their private automobiles to accomplish City business.

88. b. Employees using their own vehicle for City business at the request of the employer or the employer’s representative shall be reimbursed for mileage at the rate allowed by the IRS and for all necessary parking and toll expenses.

89. c. The City agrees to appropriate sufficient funds to the Assessor’s Office, the Department of Public Works and the Treasurer’s Office, Tax Collector Division, Business Tax Section to pay automobile allowances to employees required to drive a personal automobile for City business.  Employees on leave or extended vacation for twenty-one (21) days or more will not receive the allowance for the days not worked.

90. d. Employees in the following classes only shall receive an auto allowance of $40.00 per month and shall receive the mileage allowance in accordance with the IRS allowance:

6248 Electrical Inspector
6249 Senior Electrical Inspector
6250 Chief Electrical Inspector

91. e. Employees regularly assigned to work locations outside of the City and County of San Francisco who are required to transport themselves to a location more than 30 minutes travel time from their regularly assigned location, shall not be required to travel on their own time as to that portion of the trip which exceeds 30 minutes.

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II.E. SUBSISTENCE PAY

92. Employees shall be paid according to the rate set by the Controller pursuant to Administrative Code Section 10.32, seven (7) days a week, for room and board for such period as the employee is required to live away from the employee's place of residence.  Such maintenance shall not be considered as wages and shall be paid by separate check.

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II.F. COMPLIANCE WITH CODES

93. All work performed by employees covered by this Agreement shall conform to all applicable codes.

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II.G. RENEWAL FEES FOR CERTIFICATIONS, LICENSES, OR REGISTRATIONS

94. When a certificate, license or registration is required by the City or the State as a condition of employment, the City shall reimburse the employee for the fee for the renewal of such certificate, registration or license.  This provision shall not apply to a class “C” driver’s license.

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II.H. FINGERPRINTING

95. The City shall bear the full cost of fingerprinting whenever such is required of the employee.

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II.I WORKFORCE REDUCTION

1. Obligation to Meet & Confer on Employee Workloads

96. The City and Union acknowledge that there has been and may continue to be a reduction in the City workforce primarily as a result of reduced revenue and inflation.

97. The City recognizes its legal obligation to meet and confer in good faith and endeavor to reach agreement on employee workloads, in the event the Union alleges that the reduction in force will result in unsafe or unhealthful working conditions.

98. The City shall provide any written information relating to staffing levels and workloads in a given department upon written request to the Employee Relation Division, with any reproduction costs above single copies to be paid by the Union.

2. Advance Notice of Pending Layoffs

99. Any employee who is to be laid off due to the lack of work or funds shall be notified, in writing, with as much advance notice as possible but not less than thirty (30) calendar days prior to the effective date of the layoff.  Such thirty (30) calendar day minimum advance notice of layoff shall not apply should layoff in a shorter period be beyond the control of the City.  The Union shall receive copies of any layoff notice.  The provisions of this section shall not apply to “as needed,” or intermittent employees or employees hired for a specific period of time or for the duration of a specific project or employees who are bumped from their position.

3. Layoff Procedures

100. Layoffs shall be administered pursuant to current practice, except that an employee with permanent seniority in class shall have the right to displace an employee with less permanent seniority in the same class in any department.  All bumping and displacement shall first occur within the department that affected the layoff in question prior to City-wide bumping.  After bumping and displacement occurs, an employee who is laid off shall receive one week’s severance pay for each full year worked, up to a maximum of 12 weeks, in exchange for a release, in a form acceptable to the City, signed by the employee of any and all claims arising out of the employee’s employment (including claims arising under this Agreement) that the employee may have against the City including any officer or employee thereof.  An employee who accepts severance pay shall forfeit all holdover rights.  The Union agrees not to pursue any grievance for an employee who accepts severance under this section.

101. Under Charter Section 10.104(18), appointments for special projects and professional services with limited term funding shall not exceed three (3) years and are exempt from competitive civil service selection, appointment and removal procedures.  Individuals appointed to such positions serve at the pleasure of the Appointing Officer.  For purposes of this Agreement, these positions are called “Category 18 appointments.”  

102. Subject to the conditions and limitations in the following paragraphs, if an employee in an appointment under Charter Section 10.104(18) (“Category 18 Appointment”) is released from service, the employee shall have the option of receiving either severance pay or a post-release administrative hearing.  

103. An employee in a Category 18 Appointment is eligible for these options only if the employee has served at least twelve (12) consecutive months in the Category 18 appointment.  

104. An employee in a Category 18 appointment is not eligible for these options if the employee is released for any of the following reasons:  

a. the employee has served the maximum three-year period in the current appointment;  

b. the project for which the employee was hired ends or is discontinued;  

c. the funding for the project or professional services on which the employee is working is exhausted or discontinued; or  

d. the employee engaged in any of the following misconduct:  misappropriation of public funds or property; misuse or destruction of public property; mistreatment of persons (including violation of City policies prohibiting discrimination, harassment or retaliation); dishonesty; or acts that would constitute a felony or misdemeanor.  

105. Eligible employees may select one of the following two options:

Option 1: Severance

An eligible employee who timely elects severance shall receive one (1) week of severance pay for each full year of continuous service in any Category 18 Appointment, up to a maximum of nine (9) weeks of severance pay.  Severance pay shall be calculated at the employee’s base hourly rate.  To receive the severance pay, the employee and the Union must sign a release, in a form acceptable to the City, signed by the employee of any and all claims arising out of the employee’s employment (including claims arising under this Agreement) that the employee may have against the City including any officer or employee thereof.  The Union agrees not to pursue any grievance for an employee who accepts severance under this section.  This release would include a release of any rights to return to any underlying permanent civil service appointment.  

Option 2: Advisory Administrative Appeal

An eligible employee may request an advisory administrative appeal of the release with the City’s Human Resources Director or designee. Upon receipt of a timely request for appeal from an eligible employee, the Human Resources Director or designee shall convene a meeting where the released employee may express objections or concerns regarding the release.  The employee may bring a Union representative to the meeting; however, the employee is not entitled to bring witnesses or have a legal or other representative at the meeting.  The meeting officer shall make a recommendation to the employee’s Appointing Officer regarding the release.  The Appointing Officer or designee shall either accept or reject the recommendation in writing within ten (10) calendar days of receipt of the recommendation.  The decision of the Appointing Officer or designee on the recommendation and on the release is final.

106. Deadline to Elect Option

At the time of release, the City shall provide the released employee with written notice of any available options under this Section II.J.  An eligible released employee shall have seven (7) calendar days to elect either severance or an appeal.  If the employee elects severance, the employee or Union shall notify the Appointing Officer or designee in writing by the deadline.  If the employee elects an appeal, the employee or Union shall notify the Human Resources Director in writing by the deadline.  If the released employee or Union fails to make an election within seven (7) calendar days, both options shall be withdrawn and the release shall be final.

This section is not subject to the grievance procedure, except the employee or Union may grieve the proper calculation of the severance.

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II.K. SUBCONTRACTING

Electrical Work Defined

107. This section is not intended to expand or limit the scope of bargaining work covered under this agreement, nor is it intended to intrude upon bargaining work performed by employees in other City bargaining units.

108. The parties agree that the City may, from time to time, need to contract for Electrical Work. For the purposes of this Section, “Electrical Work” means and includes, but is not limited to, the layout, placement, installation, alteration, removal, maintenance, modification, manipulation, processing, handling, testing, erection, or connection of any electrical material, devices, wires, conductors, cables, fixtures, fittings, hardware, appliances, apparatus, busway, equipment, raceways, conduits, panels, arrays, supports or fasteners, or any combination thereof which shall serve to generate, store, transmit, transform, utilize, or control electrical energy for light, heat, power, or other purposes.  

1. "Prop J." Contracts

109. a. The City agrees to notify the Union no later than the date a department sends out Requests for Proposals when contracting out of a City service, and authorization of the Board of Supervisors is necessary in order to enter into said contract.

110. b. Upon request by the Union, the City shall make available for inspection any and all pertinent background and/or documentation relating to the service contemplated to be contracted out.  

111. c. Prior to any final action being taken by the city to accomplish the contracting out, the City agrees to hold informational meetings with the Union to discuss and attempt to resolve issues relating to such matters including, but not limited to:

1. possible alternatives to contracting or subcontracting;
2. questions regarding current and intended levels of service;
3. questions regarding the Controller's certification pursuant to Charter Section 10.104-15;
4. questions relating to possible excessive overhead in the City's administrative supervisory/worker ratio; and 
5. questions relating to the effect on individual worker productivity by providing labor saving devices.

112. d. The City agrees that it will take all appropriate steps to insure the presence at said meetings of those officers and employees (excluding the Board of Supervisors) of the City who are responsible in some manner for the decision to contract so that the particular issues may be fully explored by the Union and the City.

2. Personal Services Contracts

113. a. Departments shall notify the Union of proposed personal services contracts where such services include Electrical Work and could potentially be performed by represented classifications.  Such notification shall occur no later than the date a department sends out requests for proposals.  At the time the City issues a Request for Proposals (“RFP”)/Request for Qualifications (“RFQ”), or thirty (30) days prior to the submission of a personal services contract (“PSC”) request to the Department of Human Resources and/or the Civil Service Commission, whichever occurs first, the City shall notify the Union of any PSC(s), including a copy of the draft PSC summary form, where such services could potentially be performed by represented classifications.

114. b. If the Union wishes to meet with a department over a proposed personal services contract, the request must be made by the Union to the Human Resources Director with a copy forwarded to the appropriate department within 14 calendar days after the receipt of notice by the Department.  

115. c. Discussions shall include, but not be limited to, possible alternatives to contracting or subcontracting and whether the department staff has the expertise and/or facilities to perform the work.  Upon request by the Union, the City shall make available for inspection any and all pertinent background and/or documentation relating to the service contemplated to be contracted out.  If the Union and the City have not completed discussions within the 30-day notice period, at the Union’s request, the City shall extend the discussion period for an additional 14 calendar days before the department moves the request forward to the Department of Human Resources.

3. Job Order Contract Notification Requirements 

116. a. At the time the City issues an invitation for a Construction/Maintenance or Job Order Contract, the City shall notify the affected Union and also notify the San Francisco Building Trades Council of any construction/maintenance or job order contract(s), where such services include Electrical Work and could potentially be performed by represented classifications. The City will provide the Union the name of the contractor, any subcontractors, and location where work will be performed for all job order contracts and all task orders, when the information becomes available.

117. b. Twenty days prior to the time the City issues a Task Order/Work Order funded by a Construction/Maintenance or Job Order Contract, the City shall notify the affected Union and also notify the San Francisco Building Trades Council of any such task order/work order.

118. c. If an employee organization wishes to meet with a department over a proposed construction/maintenance contract and/or task order/work order, the employee organization must make its request to the appropriate department within ten calendar days after the receipt of the department’s notice.  The parties shall meet and discuss, within ten calendar days of receipt of request to meet and discuss, possible alternatives to contracting or subcontracting and whether the department staff has the expertise and/or facilities to perform the work.  Upon request by the employee organization, the City shall make available for inspection any and all pertinent background and/or documentation relating to the service contemplated to be contracted out.

119. d. In order to ensure that the parties are fully able to discuss their concerns regarding particular proposed contracts, the City agrees that it will take all appropriate steps to ensure that parties (excluding the Board of Supervisors and other boards and commissions) who are responsible for the contracting out decision(s) are present at the meeting(s) referenced in paragraph c.

120. e. The City agrees to provide the Union with notice(s) of departmental commissions and Civil Service Commission meetings during which proposed construction/maintenance contracts are calendared for consideration, where such services include Electrical Work and could potentially be performed by represented classifications.

Utilization of Prop F and Temporary Exempt Employees

121. The Human Resources Director agrees to work with City departments to ensure proper utilization of Proposition F and temporary exempt (“as needed”) employees when such positions would more appropriately or efficiently be filled by permanent employees.  In addition, the City will notify holdovers in represented classifications of any recruitment for exempt positions in their classifications. 

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ARTICLE III - PAY, HOURS AND BENEFITS

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III.A. WAGES

122. All base wage increases shall be rounded to the nearest whole dollar, bi-weekly salary.

123. The biweekly schedules of compensation contained in this agreement for the classifications indicated will be adjusted to an hourly amount by dividing said schedule by 80 and then multiplying by the number of hours of employment of the particular classification in a bi-weekly period to the nearest whole cent to determine the bi-weekly rate of pay.

Unit-Wide Base Wage Increases

124. All members of the bargaining unit shall receive the following base wage increases:

125. Effective July 1, 2024, represented employees shall receive a 1.5%. base wage increase.

126. Effective January 4, 2025, represented employees shall receive a 1.5% base wage increase.

127. Effective close of business June 30, 2025, represented employees shall receive a 1% base wage increase.

128. Effective July 1, 2025, represented employees shall receive a 1% base wage increase.

129. Effective January 3, 2026, represented employees shall receive a 1.5% base wage increase.

130. Effective close of business June 30, 2026, represented employees shall receive a 2% base wage increase.

131. Effective January 2, 2027, represented employees shall receive a 2% base wage increase.

132. Effective close of business June 30, 2027, represented employees shall receive a 2.5% base wage increase.

133. Because of the wage structure of this proposal, no wage deferrals/offramps will be utilized.

Internal Adjustments

134. Effective July 1, 2022, employees in classification 7345 Electrician shall receive a one-time adjustment of an additional five percent (5%) to their base wage.

135. Effective July 1, 2022, employees in classification 7238 Electrician Supervisor shall receive a one-time adjustment of an additional four and thirty-eight hundredths percent (4.38%) to their base wage.

136. Effective July 1, 2022, employees in classification 7276 Electrician Supervisor II shall receive a one-time adjustment of an additional four and thirteen hundredths percent (4.13%) to their base wage.

137. Effective July 1, 2022, employees in classifications 7350 Transmission and Distribution Line Worker, 7229 Transmission Line Supervisor, and 7285 Transmission Line Worker Supervisor II shall receive a one-time adjustment of an additional four percent (4%) to their base wage.

138. Effective July 1, 2023, employees in classifications 7430 Assistant Electronic Maintenance Technician, 7318 Electronic Maintenance Technician, 7329 Electronic Maintenance Technician Assistant Supervisor, and 7287 Supervising Electronic Maintenance Technician shall receive a one-time adjustment of an additional two percent (2%) to their base wage.

139. Effective July 1, 2023, employees in classifications 7350 Transmission and Distribution Line Worker, 7229 Transmission Line Supervisor, and 7285 Transmission Line Worker Supervisor II shall receive a one-time adjustment of an additional four percent (4%) to their base wage.

140. Effective July 1, 2023, employees in classifications 7482 Power Generation Technician II, 7484 Senior Power Generation Technician, and 7488 Power Generation Supervisor shall receive a one-time adjustment of an additional two percent (2%) to their base wage.

141. Effective January 6, 2024, employees in classifications 7350 Transmission and Distribution Line Worker, 7229 Transmission Line Supervisor, and 7285 Transmission Line Worker Supervisor II shall receive a one-time adjustment of an additional two percent (2%) to their base wage.

142. Effective close of business June 30, 2024, employees in classifications 7430 Assistant Electronic Maintenance Technician, 7318 Electronic Maintenance Technician, 7329 Electronic Maintenance Technician Assistant Supervisor, and 7287 Supervising Electronic Maintenance Technician shall receive a one-time adjustment of an additional two percent (2%) to their base wage.

143. Effective close of business June 30, 2024, employees in classifications 7482 Power Generation Technician II, 7484 Senior Power Generation Technician, and 7488 Power Generation Supervisor shall receive a one-time adjustment of an additional two percent (2%) to their base wage.

144. The Union and the City shall begin meeting and conferring no later than October 1, 2023, to review the need for compensation adjustments, if any, for implementation on July 1, 2024, through the timely submission of a successor MOU or decision of a mediation/arbitration board under City Charter section A8.409.  The parties agree to focus on recruitment, retention, and wage compression for the Union classifications not listed above.  

Should the parties fail to reach agreement, upon the request of either party, the parties shall submit any issues remaining in dispute to a mediation/arbitration board convened in accordance with the procedures set forth in City Charter section A8.409-4, except that with respect to A8-409.4(b), the parties shall select and appoint board members, including the neutral chairperson, not later than December 1, 2023, and with respect to A8.409(k), the decision of the mediation/arbitration board, if any, shall be in accordance with the procedures and criteria set forth in Charter Section A8.409-4(d), and shall be issued on or before January 31, 2024. In all other respects, A8.409-4(k) shall apply.

Compensation Adjustments Implemented Pursuant to Paragraph 144:

Effective July 1, 2024, employees in classifications 9240 Airport Electrician, 9241 Airport Electrical Supervisor, and 9242 Head Airport Electrician shall receive a one-time, additional base wage adjustment of three (3%) percent.

Effective July 1, 2024, employees in classification 7338 Electrical Line Worker shall receive a one-time, additional base wage adjustment of three (3%) percent.

Effective July 1, 2024, employees in classifications 7257 Comm. Line Sup I and 7273 Comm. Line Sup II shall receive a one-time, additional base wage adjustment of three (3%) percent.

145. Effective July 1, 2024, employees in classifications 6248 Electrical Inspector, 6249 Senior Electrical Inspector, 6250 Chief Electrical Inspector, and 6252 Line Inspector shall receive a one-time, additional base wage adjustment of one percent (1%).

146. Effective July I, 2025, employees in classifications 6248 Electrical Inspector, 6249 Senior Electrical Inspector, 6250 Chief Electrical Inspector, and 6252 Line Inspector shall receive a one-time, additional base wage adjustment of one percent (1%).

147. Effective July 1, 2025, employees in classification 9241 Airport Electrician Supervisor shall receive a one-time, additional base wage adjustment of 2.25%.

148. Effective July I, 2025, employees in classification 9242 Head Airport Electrician shall receive a one-time, additional base wage adjustment of 9.75%.

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III.B. MAINTENANCE AND CHARGES

149. Charges and deductions for all maintenance, such as housing, meals, laundry, etc., furnished to and accepted by employees shall be made on timerolls and payrolls in accordance with a schedule of maintenance charges fixed and determined in the Annual Salary Ordinance.

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III.C. WORK SCHEDULES

1. NORMAL WORK SCHEDULES

150. Unless otherwise provided in this Agreement, a “normal work day” is a tour of duty of eight (8) hours completed within not more than nine (9) hours. The normal work week for employees covered by this agreement is 40 hours.

151. Current work schedules (Monday through Friday) as of the effective date of this Agreement will remain in place unless a proposed change is mutually agreed to by the parties. The parties agree to the process outlined in Appendix B-3, paragraph 4 to resolve work schedule issues. Dates referenced in Appendix B-3 shall not apply to anything other than Appendix B-3.  

2. FLEX-TIME SCHEDULES

152. All classifications of employees having a normal work day of eight (8) hours within nine (9) hours may voluntarily work in flex-time programs authorized by appointing officers and may voluntarily work more than or less than eight (8) hours within twelve (12) hours, provided, that the employee must work five (5) days a week, forty (40) hours per week, and must execute a document stating that the employee is voluntarily participating in a flex-time program and waiving any rights the employee may have on the same subject.

3. ALTERNATE WORK SCHEDULES

153. The Employee Relations Division of the Department of Human Resources may authorize any department head, board or commission to meet and confer with an employee, group of employees, or their representatives on proposals offered by the employee, group of employees, or their representatives or the department relating to alternate scheduling of working hours for all or part of a department.  Such proposals may include but are not limited to core-hour flex time, full-time work weeks of less than five (5) days, work days of less than eight (8) hours, or a combination of plans which are mutually agreeable to the employee, group of employees, and their representatives and the department concerned.  Any such agreement shall be submitted to the Mayor's Budget Office for its approval or rejection.

4. PART-TIME WORK SCHEDULE

154.    A part-time work schedule is a tour of duty of less than forty hours per week.

5. EXCEPTIONS

155. a. The 20-20 Educational Program.

156. b. Specially funded training programs approved by the Department of Human Resources.

157. c. Educational and Training Courses.  Regular permanent civil service employees may, on a voluntary basis with approval of appointing officer, work a forty-hour week in six days when required in the interest of furthering the education and training of the employee.

158. d. Work schedule – Remote Locations.  On operations conducted at remote locations where replacements are not readily available, or on operations involving changes in shifts, or when other unusual circumstances warrant, the appointing officer, with the approval of the Department of Human Resources, may arrange work schedules averaging five days per week over a period of time, but consisting of more than five consecutive days per week with the accumulation of normal days off to be taken at a later date.  Such schedules shall be the “normal work schedule” for such operations.

159. e. Work unavailable.  Employees shall receive no compensation when properly notified two (2) hours prior to the start of their shift that work applicable to the classification is not available because of inclement weather conditions, shortage of supplies, traffic conditions, or other unusual circumstances.  

160. Employees who are not properly notified and report to work and are informed no work applicable to the classification is available shall be paid for a minimum of two hours.

161. Employees who begin their shifts and are subsequently relieved of duty due to the above reasons shall be paid a minimum of four hours, and for hours actually worked beyond four hours, computed to the nearest one-quarter hour.

162. f. Voluntary Reduced Work Week.  Employees in any classification, upon the recommendation of the appointing officer and subject to the approval of the Human Resources Director, may voluntarily elect to work a reduced work week for a specified period of time. Such reduced work week shall not be less than twenty (20) hours per week nor less than three (3) continuous months during the fiscal year.  Pay, Vacation, Holidays and Sick Pay shall be reduced in accordance with such reduced work week.

163. g. Voluntary Time off Program. The mandatory furlough provisions of Civil Service Commission Rule 120 shall not apply to covered employees.

164. (1) General Provisions:  Upon receipt of a projected deficit notice from the Controller, an appointing officer shall attempt to determine, to the extent feasible and with due consideration for the time constraints which may exist for eliminating the projected deficit, the interest of employees within the appointing officer's jurisdiction in taking unpaid personal time off on a voluntary basis.

165. The appointing officer shall have full discretion to approve or deny requests for voluntary time off based on the operational needs of the department and any court decrees or orders pertinent thereto.  The decision of the appointing officer shall be final except in cases where requests for voluntary time off in excess of ten (10) working days are denied.

166. (2) Restrictions on the use of Paid Time Off while on Voluntary Time Off:

167. (a) All voluntary unpaid time off granted pursuant to this section shall be without pay.

168. (b) Employees granted voluntary unpaid time off are precluded from using sick leave with pay credits, vacation credits, compensatory time off credits, floating holidays, training days or any other form of pay for the time period involved.

169. (3) Duration and Revocation of Voluntary Unpaid Time Off.  Approved voluntary time off taken pursuant to this section may not be changed by the appointing officer without the employee's consent.

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III.D. COMPENSATION FOR VARIOUS WORK SCHEDULES

1. Normal Work Schedule

170. Compensation fixed herein on a per diem basis are for a normal eight-hour work day; and on a bi-weekly basis for a bi-weekly period of service consisting of normal work schedules.

2. Part-Time Work Schedules

171. Salaries for part-time services shall be calculated upon the compensation for normal work schedules proportionate to the hours actually worked.

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III.E. ADDITIONAL COMPENSATION

1. NIGHT DUTY DIFFERENTIAL

172. Shift pay of 9% shall be paid for the entire shift, provided at least four (4) hours of the employee's shift falls between 5:00 p.m. and midnight (12:00 a.m.), except for those employees participating in an authorized flex-time program and who voluntarily work between the hours of 5:00 p.m. and midnight (12:00 a.m.).

173. Shift pay of 15% shall be paid for the entire shift, provided at least four (4) hours of the employee's shift falls between midnight (12:00 a.m.) and 7:00 a.m., except for those employees participating in an authorized flex-time program and who voluntarily work between the hours of midnight (12:00 a.m.) and 7:00 a.m.

2. STANDBY PAY

174. a. Employees (except those working at the Public Utilities Commission) who, as part of the duties of their positions are required by the Appointing Officer to standby when normally off duty to be instantly available on call for immediate emergency service for the performance of their regular duties, shall be paid twenty-five percent (25%) of their regular straight time rate of pay for the period of such standby service, except that employees shall be paid ten (10) percent of their regular straight time rate of pay for the period of such standby service when outfitted by their department with an electronic communication device or cell phone.  When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid while engaged in such emergency service the usual rate of pay for such service as provided herein.  However, standby pay shall not be allowed in classes whose duties are primarily administrative in nature.  In addition, if applicable, response to a page by phone or response to an inquiry by phone, whether the employee is on standby or not, shall be paid at a minimum of one quarter hour worked or actual time spent, whichever is greater.

175. b. Employees of the Public Utilities Commission (“PUC”) who, as part of the duties of their positions are required by the Appointing Officer to standby when normally off duty to be instantly available on call for immediate emergency service to perform their regular duties, shall be paid twenty percent (20%) of their regular straight time rate of pay for the period of such standby service.  When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid while engaged in such emergency service at the usual rate of pay for such service as provided herein.  However, standby pay shall not be allowed in classes whose duties which are primarily administrative in nature.  In addition, if applicable, response to a page by phone or response to an inquiry by phone, whether the employee is on standby or not, shall be paid at a minimum of one quarter hour worked or actual time spent, whichever is greater.

176. c. Departments that currently administer standby on an equitable basis (e.g., rotation systems and wheels) will continue to administer standby on an equitable basis. In the event that Departments change standby assignments for operational needs, standby will continue to be distributed on an equitable basis.

3. CALL BACK PAY

177. Employees (except those employees residing at remote locations in city-supplied housing, or who are otherwise being compensated) who are called back to their work locations following the completion of the employee’s work day and departure from the employee’s place of employment, shall be granted a minimum of four (4) hours compensation (pay or compensatory time off as appropriate   "Z" employees can only take overtime in the form of compensatory time off) at the applicable rate or shall be compensated for all hours actually worked at the applicable rate, whichever is greater. The employee's work day shall not be adjusted to avoid the payment of this minimum.

4. LEAD PERSON PREMIUM

178. Employees in any non-supervisorial class assigned to the Local 6 Bargaining Unit designated by their supervisor or foreperson as a lead shall be entitled to a $15.00 per day premium when required to take the lead on any job when at least two employees in the same classification are working together and one acts as the lead; or when required to perform a majority of the following duties: plan, design, sketch, layout, detail, estimate, or order material.

179. Lead positions are responsible for directing the work of the employees subject to the specific task and are not expected to perform the full range of supervisory duties or to replace a higher paid classification.

180. Employees are not eligible to receive both Lead Person Premium and Acting Assignment Pay.

5. OFFICE OF STATEWIDE HEALTH AND PLANNING (OSHPD) PREMIUM

181. Represented inspectors who are OSHPD certified shall receive a premium of $8.00 per hour for each hour that they are assigned and are actually performing an OSHPD inspection for a hospital, medical clinic or City/County Jail construction.

6. CERTIFICATION PREMIUM

182. Any represented inspectors who hold a certification in the following categories shall be granted additional premium pay above the base rate per hour for each such certification as follows.  The combined total of the premiums shall not exceed 5.5%. These premiums will be paid only when the certifications are current.

7. CORRECTIONAL FACILITY PREMIUM

183. A premium of $2.00 per hour will be paid to Class 7345 and related classes working in a secured and restricted areas of the correctional facilities listed below:

b. County Jail #3 in San Bruno
c. Youth Guidance Center: 
1. 375 Woodside, San Francisco and
2. Log Cabin Ranch in La Honda
d. Hall of Justice in San Francisco
e. San Francisco General Hospital
f.  County Jail #7
g. County Jail #8

184. This premium shall not be added to the employee’s base rate of pay for the purpose of calculating overtime. The premium applies only to actual hours worked in restricted/secured areas.

8. HEIGHT PREMIUM

185. Any employee required to work from trusses, towers, swinging scaffolds, bos’n chairs, cranes and crane rigging (other than Class 9354), temporary staging or unguarded structures at a height of thirty (30) feet or more from the ground, water or supporting structure, shall receive $3.00 per hour over the regular rate of pay for hours so worked.  This premium pay shall also apply to employees working under piers and working out of boats or barges.

9. ACTING ASSIGNMENT PAY

186. a. Employees assigned in writing by the Department Head or designee to perform a substantial portion of the duties and responsibilities of a higher classification shall receive compensation at a higher salary if the employee is assigned to perform the duties of a higher classification for five (5) consecutive working days, after which acting assignment pay shall be retroactive to the first (1st) day of the assignment.

187. An employee who believes the employee is performing a substantial portion of the duties and responsibilities of a higher classification shall be entitled to file a claim for out-of-class pay with the department head.  Denials for acting assignment pay shall be subject to the grievance procedure.

188. b. Upon written approval by the Department Head, an employee shall be paid at a step of the established salary schedule of the higher class which is at least five percent (5%) above the employee’s base salary but such pay shall not exceed the maximum step of the salary schedule of the class to which temporarily assigned.  Premiums based on percent of salary shall be paid at a rate which includes out of class pay.

189. c. Requests for classification or reclassification review shall not be governed by this provision.

190. Acting assignments are not intended to exceed six (6) months except to the extent required to backfill a position where the incumbent is on approved leave. When an acting assignment exceeds six (6) months, the relevant department will provide a written report to the Department of Human Resources explaining why the position has not been filled through the merit-based exam process.

191. Such acting assignment shall not last longer than six (6) months without the approval of DHR and notice to the Union. Upon DHR approval, such acting assignment may be extended another six (6) months, or for such longer period as may be necessary to accommodate exigent circumstances such as approved leave of the permanent incumbent.

192. Upon request, DHR shall provide the Union with a list of bargaining unit members currently in acting assignments.

10. SUPERVISORY DIFFERENTIAL ADJUSTMENT

193. The Department of Human Resources is authorized to adjust the compensation of a supervisory employee if:

194. a. the supervisor, as part of the regular responsibilities of the supervisor’s class, supervises, directs, and is accountable and responsible for the work of subordinates;

195. b. the supervisor actually supervises the technical content of subordinate work and possesses the education and/or experience appropriate to the technical assignment;

196. c. the organization is a permanent one approved by the Appointing Officer, Board or Commission where applicable, and is a matter of record based upon review and investigation by the Department of Human Resources;

197. d. the classifications of both the supervisor and the subordinate are appropriate to the organization and have a normal/logical nexus to each other; and

198. e. the compensation schedule of the supervisor is less than one full step (approximately 5%) over the employee supervised.

199. If all of the above conditions are met, the supervisory adjustment shall be granted as follows:

200. a. The adjustment of compensation of the supervisor shall be 5% above the base wage of the employee supervised.

201. b. No supervisory adjustment may exceed two full steps (approximately 10%) over the supervisor’s current basic compensation in any fiscal year.

202. c. The compensation adjustment is retroactive to the date the employee became eligible, but not earlier than the beginning of the current fiscal year.

203. d. Requests for adjustment must be submitted to DHR before the end of current fiscal year.

204. e. An Appointing Officer requesting a supervisory adjustment under this section must notify the Department of Human Resources of what changes in organizational structure or compensation support the adjustment.

11. WASTE WATER TREATMENT FACILITY PREMIUM

205. Employees who are assigned to work at a Waste Water Treatment Facility shall receive $6.00 a day for each actual day worked at the facility.

12. UNDERWATER DIVING PAY

206. Employees shall be paid $18.00 per hour more than the base hourly rate, exclusive of any additional compensation for other assignments, when assigned and actually engaged in duties and operations requiring underwater diving.  Such assignments will be for an eight (8) hour minimum.

13. EPOXY PREMIUM

207. An epoxy premium of $1.00 per hour will be authorized for those hours actually spent in the application of epoxy, primer and/or glue.

14. BILINGUAL PAY

208. Subject to Department of Human Resources approval, employees who are certified as bilingual and who are assigned to perform bilingual services shall receive a bilingual premium of sixty dollars ($60) per pay period. For purposes of this section, “bilingual” means the ability to interpret and/or translate non-English languages, which may include sign language for the hearing impaired and Braille for the visually impaired, and “certified” means the employee has successfully passed a language proficiency test approved by the Director of Human Resources.

209. Effective January 1, 2020, at the City’s discretion, the City may require an employee to recertify not more than once annually to continue receiving a bilingual premium.

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III.F. OVERTIME COMPENSATION

210. Appointing officers may require employees to work longer than the normal work day or longer than the normal work week. Any time worked under proper authorization of the appointing officer or the officer’s designated representative or any hours suffered to be worked by an employee, exclusive of part-time employees, in excess of the regular or normal work day or week shall be designated as overtime and shall be compensated at one-and-one-half times the base hourly rate which may include a night differential if applicable.

211. Employees working in classifications that are designated in Article II of this agreement as having a normal work day of less than eight (8) hours or a normal work week of less than forty (40) hours shall not be entitled to overtime compensation for work performed in excess of said specified normal hours until they exceed eight (8) hours per day or forty (40) hours per week, provided further, that employees working in a flex-time program or alternate work schedule shall be entitled to overtime compensation as provided herein when required to work more than eight hours in a day or forty hours per week.  Overtime compensation so earned shall be computed subject to all the provisions and conditions set forth herein.

212. Employees shall not be eligible to sign up for an overtime assignment if there has been sick pay, sick leave or disciplinary time off on the preceding workday, or if sick pay, sick leave or disciplinary time off occurs on the workday following the last overtime assignment. However, even if the employee is not eligible to sign up for overtime assignment, the appointing officer or designee may assign the employee for overtime and compensate at the overtime rate.

213. Absence from duty because of leave with pay, military leave with pay, annual vacation or legal holidays shall be considered as time worked in computing a work week for overtime purposes.

214. The use of any sick leave shall be excluded from determining hours worked in excess of 40 hours in a week for determining eligibility for overtime payment. The provisions of this paragraph do not apply to mandatory emergency overtime, which is to be compensated at the rate of time and one half.

215. The Department of Human Resources shall determine whether work in excess of eight (8) hours a day performed within a sixteen (16) hour period following the end of the last preceding work period shall constitute overtime or shall be deemed to be work scheduled on the next work day.

216. No appointing officer shall require an employee not designated by a "Z" symbol in the Annual Salary Ordinance to work overtime when it is known by said appointing officer that funds are legally unavailable to pay said employee, provided that an employee may voluntarily work overtime under such conditions in order to earn compensatory time off at the rate of time-and-one-half pursuant to the provisions herein.

217. Employees occupying positions determined by the Department of Human Resources as being exempt from the Fair Labor Standards Act and designated by a "Z", shall not be paid for overtime worked but may be granted compensatory time off at the rate of one-and-one-half times for time worked in excess of normal work schedules.

218. Those employees subject to the provisions of the Fair Labor Standards Act who are required or suffered to work overtime shall be paid in salary unless the employee and the Appointing Officer mutually agree that in lieu of paid overtime, the employee shall be compensated with compensatory time off (“CTO”).  Compensatory time shall be earned at the rate of time and one half. Employees occupying non "Z" designated positions shall not accumulate a balance of compensatory time earned in excess of 240 hours calculated at the rate of time and one half.

219. Employees in non-“Z” designated job classifications may not earn more than two hundred (200) hours of compensatory time in a fiscal year.

220. A non-“Z” classified employee who is appointed to a position in another department shall have the employee’s entire CTO balance paid out at the rate of the underlying classification prior to appointment.

221. A non-“Z” classified employee who is appointed to a position in a higher, non-“Z” designated classification or who is appointed to a position in a “Z” designated classification shall have the employee’s entire CTO balance paid out at the rate of the lower classification prior to promotion.

222. Subject to availability of funds, a non-“Z” classified employee, upon the employee’s request, shall be able to cash out earned but unused compensatory time; approval of the cash out is at the discretion of the Appointing Officer.

1. OVERTIME & SHIFT PRACTICES

223. The parties agree that, except as specifically referenced herein for all departments all current shift and overtime practices shall remain in effect for the duration of the Agreement unless changed by mutual agreement by the Union and the affected department.

2. RECORDATION OF OVERTIME

224. All overtime worked which is authorized by the appointing officer shall be recorded on separate timerolls.

225. Compensation for overtime worked as provided in this Section shall be paid on an hourly basis.

226. When improved methods of payroll processing are implemented and with the approval of the Human Resources Director and the Controller, such overtime may be recorded on the regular timerolls.

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III.G. HOLIDAYS AND HOLIDAY PAY

227. A holiday is calculated based on an eight-hour day.  The following days are designated as holidays:

• January 1 (New Year's Day)
• the third Monday in January (Martin Luther King, Jr.'s birthday)
• the third Monday in February (Presidents' Day)
• the last Monday in May (Memorial Day)
• June 19 (Juneteenth)
• July 4 (Independence Day)
• the first Monday in September (Labor Day)
• the second Monday in October (Indigenous Peoples Day, Italian American Heritage Day)
• November 11 (Veterans' Day)
• Thanksgiving Day
• the day after Thanksgiving
• December 25 (Christmas Day)

228. Provided further, if January 1, June 19, July 4, November 11 or December 25 falls on a Sunday, the Monday following is a holiday.

229. In addition, any day declared to be a holiday by proclamation of the Mayor after such day has heretofore been declared a holiday by the Governor of the State of California or the President of the United States is a holiday.

1. HOLIDAYS THAT FALL ON A SATURDAY

230. For those employees assigned to a work week of Monday through Friday, and in the event a legal holiday falls on Saturday, the preceding Friday shall be observed as a holiday; provided, however, that except where the Governor declares that such preceding Friday shall be a legal holiday, each department head shall make provision for the staffing of public offices under the department head’s jurisdiction on such preceding Friday so that said public offices may serve the public as provided in Administrative Code Section 16.4.  Those employees who work on a Friday that is observed as a holiday in lieu of a holiday falling on Saturday shall be allowed a day off in lieu thereof as scheduled by the appointing officer in the current or next fiscal year.

2. HOLIDAY COMPENSATION FOR TIME WORKED

231. Employees required by their respective appointing officers to work on any of the above designated or observed holidays, excepting Fridays observed as holidays in lieu of holidays falling on Saturday, shall be paid extra compensation of one additional day's pay at time-and-one-half the usual rate (i.e. 12 hours pay for 8 hours worked) or a proportionate amount for less than 8 hours worked.  At the employee's request and with the approval of the appointing officer, an employee may be granted compensatory time off in lieu of paid overtime pursuant to the provisions herein.

232. Executive, administrative and professional employees designated in the Annual Salary Ordinance with the "Z" symbol shall not receive extra compensation for holiday work but may be granted time off equivalent to the time worked at the rate of one-and-one-half times for work on the holiday.

3. HOLIDAYS FOR EMPLOYEES ON WORK SCHEDULES OTHER THAN MONDAY THRU FRIDAY

233. Employees assigned to seven-day operation departments or employees working a five-day work week other than Monday through Friday shall be allowed another day off if a holiday falls on one of their regularly scheduled days off.  Employees whose holidays are changed because of shift rotations shall be allowed another day off if a legal holiday falls on one of their days off.  Employees regularly scheduled to work on a holiday which falls on a Saturday or Sunday shall observe the holiday on the day it occurs, or if required to work, shall receive holiday compensation for work on that day.  Holiday compensation shall not be paid for work on the Friday preceding a Saturday holiday nor on the Monday following a Sunday holiday.

234. If the provisions of this Section deprive an employee of the same number of holidays that an employee receives who works Monday through Friday, the employee shall be granted additional days off to equal such number of holidays.  The designation of such days off shall be by mutual agreement of the employee and the appropriate supervisor with the approval of the appointing officer.  Such days off must be taken within the current or next fiscal year.  In no event shall the provisions of this Section result in such employee receiving more or less holiday entitlement than an employee on a Monday thru Friday work schedule.

4. HOLIDAY PAY FOR EMPLOYEES LAID OFF

235. An employee who is laid off at the close of business the day before a holiday who has worked not less than five previous consecutive work days shall be paid for the holiday.

5. EMPLOYEES NOT ELIGIBLE FOR HOLIDAY COMPENSATION

236. Persons employed for holiday work only, or persons employed on a part-time work schedule which is less than twenty (20) hours in a bi-weekly pay period, or persons employed on an intermittent part-time work schedule (not regularly scheduled), or persons working on an "as-needed" basis and work on a designated legal holiday shall be compensated at the normal overtime rate of time-and-one-half the basic hourly rate, if the employee worked forty (40) hours in the pay period in which the holiday falls.  Said employees shall not receive holiday compensation.

6. PART-TIME EMPLOYEES ELIGIBLE FOR HOLIDAYS

237. a. Part-time employees, including employees on a reduced work week schedule, who regularly work a minimum of twenty (20) hours in a bi-weekly pay period shall be entitled to holidays as provided herein on a proportionate basis.

238. b. Regular full-time employees, are entitled to 8/80 or 1/10 time off when a holiday falls in a bi-weekly pay period, therefore, part-time employees, as defined in the immediately preceding paragraph, shall receive holiday based upon the ratio of 1/10 of the total number of hours the employee is regularly scheduled to work in a bi-weekly pay period.  The computation of holiday time off shall be rounded to the nearest hour.

239. c. The proportionate amount of holiday time off shall be taken in the same fiscal year in which the holiday falls.  Holiday time off shall be taken at a time mutually agreeable to the employee and the appointing officer.

7. FLOATING HOLIDAYS

240. Covered employees are granted five (5) floating holidays in each fiscal year to be taken on days selected by the employee subject to prior scheduling approval of the Appointing Officer or designee.  Floating holidays may be taken in hourly increments up to and including the number of hours contained in the employee’s regular shift.  Employees (both full-time and part-time) establish initial eligibility for the floating holidays upon appointment.  Employees hired on an as-needed, intermittent or seasonal basis shall not receive the additional floating holidays.  Employees shall carry over to a succeeding fiscal year any unused floating holidays, provided that the number of floating holidays an employee may carry forward shall not exceed the total number of floating holidays received in the prior fiscal year and the employee’s total floating holiday balance at any time shall not exceed ten (10) floating holidays.  No compensation of any kind shall be earned or granted for floating holidays not taken.

8. FLOATING HOLIDAY PAY FOR EMPLOYEES WHO SEPARATE

241. Employees who have established initial eligibility for floating holidays and who subsequently separate from City employment may, at the sole discretion of the appointing authority, be granted those floating holiday(s) to which the separating employee was eligible and had not yet taken.

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III.H. TIME OFF FOR VOTING

242. If an employee does not have sufficient time to vote outside of working hours, the employee may request so much time off as will allow time to vote, in accordance with the State Election Code.

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III.I. VOLUNTEER/PARENTAL RELEASE TIME

243. Represented employees shall be granted paid release time to attend parent teacher conferences of up to four (4) hours per fiscal year (for children in kindergarten or grades 1 to 12).

244. In addition, an employee who is a parent or who has child rearing responsibilities (including domestic partners but excluding paid child care workers) of one or more children in kindergarten or grades 1 to 12 shall be granted unpaid release time of up to forty (40) hours each fiscal year, not exceeding eight (8) hours in any calendar month of the fiscal year, to participate in the activities of the school of any child of the employee, providing the employee, prior to taking the time off, gives reasonable notice of the planned absence.  The employee may use vacation, floating holiday hours, or compensatory time off during the planned absence.

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III.J. REST PERIOD BETWEEN SHIFTS

245. If an employee is called back to work or held over at work, and the employee’s next regularly scheduled shift begins within eight (8) hours of the end of the callback or holdover assignment, then the employee has the option to not work until the employee has eight (8) consecutive hours of rest time.

246. If an employee chooses to return to work at the beginning of the employee’s next regularly scheduled shift, all hours worked within the eight (8) hour rest period shall be paid at the rate of time and one-half (1-1/2). The employee shall notify the supervisor of the employee’s election before the next regularly scheduled shift begins.

247. Notwithstanding paragraph 226, an employee may be required to return to work within the eight (8) hour rest period when a natural disaster or other emergency occurs and the City determines the employee’s attendance at work is necessary. If an employee is called back to work for an emergency, hours the employee is required to work within the eight (8) hour rest period shall be paid at the rate of time and one-half (1-1/2). In such situations, employees will be entitled to an eight (8) hour rest period after the end of the emergency call back assignment.

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III.K. SALARY STEP PLAN AND SALARY ADJUSTMENTS

248. Appointments to positions in the City and County Service shall be at the entrance rate established for the position except as otherwise provided herein.

1. PROMOTIVE APPOINTMENT IN A HIGHER CLASS

249. An employee following completion of six months of continuous service who is appointed to a position in a higher classification deemed to be promotive by the Department of Human Resources shall have the employee’s salary adjusted to that step in the promotive class as follows:

250. a. If the employee is receiving a salary in the employee’s present classification equal to or above the entrance step of the promotive class, the employee's salary in the promotive class shall be adjusted to two steps in the compensation schedule over the salary received in the lower class but not above the maximum of the salary range of the promotive classification.

251. b. If the employee is receiving a salary in the employee’s present classification which is less than the entrance step of the salary range of the promotive classification, the employee shall receive a salary step in the promotive class which is closest to an adjustment of 7.5% above the salary received in the class from which promoted.  The proper step shall be determined by the bi weekly compensation schedule and shall not be above the maximum of the salary range of the promotive class.

252. c. For purpose of this Section, appointment to a position with a higher salary schedule shall be deemed promotive.

2. NON-PROMOTIVE APPOINTMENT

253. An employee following completion of six months of continuous service who accepts a non-promotive appointment in a classification having the same salary schedule, or a lower salary schedule, the appointee shall enter the new position at that salary step which is the same as that received in the prior appointment, or if the salary steps do not match, then the salary step which is immediately in excess of that received in the prior appointment, provided that such salary shall not exceed the maximum of the salary schedule. Further increments shall be based upon the seniority increment anniversary date in the prior appointment.

3. APPOINTMENT ABOVE ENTRANCE RATE

254. Subject to the Controller’s certification of available funds and procedures to be established by DHR, appointments may be made by an Appointing Officer at any step in the compensation grade under any of the following conditions:

1. A former permanent City employee, following resignation with service satisfactory, is being re-appointed to a permanent position in the appointee’s former classification.

2. Loss of compensation would result if appointee accepts position at the normal step.

3. A severe, easily demonstrated and documented recruiting and retention problem exists.

4. The appointee possesses special experience, qualifications and/or skills which, in the Appointing Officer’s opinion, warrants appointment above the entrance rate.

4. REAPPOINTMENT WITHIN SIX MONTHS

255. A permanent employee who resigns and is subsequently reappointed to a position in the same classification within six (6) months of the effective date of resignation shall be reappointed to the same salary step that the employee received at the time of resignation.

5. COMPENSATION UPON TRANSFER OR RE-EMPLOYMENT

a. Transfer

256. An employee transferred in accordance with Civil Service Commission rules from one Department to another, but in the same classification, shall transfer at the employee’s current salary, and if the employee is not at the maximum salary for the class, further increments shall be allowed following the completion of the required service based upon the seniority increment anniversary date in the former Department.

b. Reemployment in Same Class Following Layoff

257. An employee who has acquired permanent status in a position and who is laid off because of lack of work or funds and is re employed in the same class after such layoff shall be paid the salary step attained prior to layoff.

c. Reemployment in an Intermediate Class

258. An employee who has completed the probationary period in a promotive appointment that is two or more steps higher in an occupational series than the permanent position from which promoted and who is subsequently laid off and returned to a position in an intermediate ranking classification shall receive a salary based upon actual permanent service in the higher classification, unless such salary is less than the employee would have been entitled to if promoted directly to the intermediate classification.  Further increments shall be based upon the increment anniversary date that would have applied in the higher classification.

d. Reemployment in a Formerly Held Class

259. An employee who has completed the probationary period in an entrance appointment who is laid off and is returned to a classification formerly held on a permanent basis shall receive a salary based upon the original appointment date in the classification to which the employee is returned.  An employee who is returned to a classification not formerly held on a permanent basis shall receive a salary in accordance with this agreement.

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III.L. METHODS OF CALCULATION

BI-WEEKLY

260.    An employee whose compensation is fixed on a bi-weekly basis shall be paid the bi-weekly salary for the employee’s position for work performed during the bi-weekly payroll period.  There shall be no compensation for time not worked unless such time off is authorized time off with pay.

PER DIEM OR HOURLY

261. An employee whose compensation is fixed on a per diem or hourly basis shall be paid the daily or hourly rate for work performed during the bi-weekly payroll period on a bi-weekly pay schedule.  There shall be no compensation for time not worked unless such time off is authorized time off with pay.

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III.M. SENIORITY INCREMENTS

1. ENTRY AT THE FIRST STEP

262. Full-time employees entering at the first step shall advance to the second step upon completion of six months service and to each successive step upon completion of the one year required service.

2. ENTRY AT OTHER THAN THE FIRST STEP

263. Employees who enter a classification at a rate of pay at other than the first step shall advance one step upon completion of the one year required service.  Further increments may accrue following completion of the required service at this step and at each successive step.

264. Appendix C contains the list of represented classifications appointed at the Fifth (5th) Step. Class 7318 Electronic Maintenance Technician, 7482 Power Generation Technician II, 7484 Senior Power Generation Technician, and 7488 Power Generation Supervisor must be appointed at Step 3 or higher.

3. DATE INCREMENT DUE

265. Increments shall accrue and become due and payable on the next day following completion of required service as a full-time employee in the class, unless otherwise provided herein.

4. EXCEPTIONS

266. a. employee shall not receive a salary adjustment based upon service as herein provided if the employee has been absent by reason of suspension or on any type of leave without pay (excluding a military, educational, or industrial accident leave) for more than one sixth of the required service in the anniversary year, provided that such employee shall receive a salary increment when the aggregate time worked since the employee’s previous increment equals or exceeds the service required for the increment, and such increment date shall be the employee’s new anniversary date; provided that time spent on approved military leave or in an appointive or promotive position shall be counted as actual service when calculating salary increment due dates.

267. b. When records of service required for advancement in the step increments within a compensation schedule are established and maintained by electronic data processing, then the following shall apply:

268. (1) An employee shall be compensated at the beginning step of the compensation salary plan unless otherwise specifically provided for in this Agreement.  Employees shall receive salary adjustments through the steps of the compensation schedule plan by completion of actual paid service in total scheduled hour’s equivalent to one year or six months, whichever is applicable.

269. (2) Paid service for this purpose is herein defined as exclusive of any type of overtime but shall include military or educational leave without pay.

270. (3) Advancement through the increment steps of the compensation schedules shall accrue and become due and payable on the next day following completion of required service as a full-time appointee in the class; provided that the above procedure for advancement to the compensation schedule increment steps is modified as follows:

271. (a) An employee who during that portion of the employee’s anniversary year is absent without pay for a period less than one sixth of the time required to earn the next increment will have such absence credited as if it were paid service for the purposes of calculating the date of the increment due during the calendar year.

272. (b) An employee who during that portion of the employee’s anniversary year is absent without pay for a period in excess of one sixth of the time required to earn the next prior increment will be credited with actual paid service.

273. (4) An employee who (1) has completed probation in a permanent position, (2) is "Laid Off" from said position, (3) is immediately and continuously employed in another classification with the City either permanent or temporary, and (4) is thereafter employed in the employee’s permanent position without a break in service, shall, for the purposes of determining salary increments, receive credit for the time served while laid off from the employee’s permanent position.

274. (5) Satisfactory Performance 

Notwithstanding the above paragraphs, an employee’s scheduled step increase may be denied if the Appointing Officer or designee determines that the employee’s performance has been unsatisfactory. In the absence of a recommendation to deny a step increase, an employee shall receive the employee’s scheduled step increase. The Appointing Officer shall provide an affected employee at least sixty (60) calendar days’ notice prior to the employee’s salary anniversary date of any intent to withhold a step increase and the basis for such withholding.  However, if the unsatisfactory performance occurs within that time period, the Appointing Officer shall provide reasonable notice of at least 5 days of the officer’s intent to withhold a step increase at that time.

275. The denial of a step increase is subject to the grievance procedure. An employee’s performance evaluation(s), and any facts underlying the performance evaluation(s) or other relevant information, may be used as evidence by either party in an expedited grievance arbitration; provided, however, that nothing in this section is intended to or shall make performance evaluations subject to the grievance procedure.

276. If an employee’s step increase is withheld, that employee shall be eligible for a step increase upon the employee’s next anniversary (increment) due date, provided, however, that, at any time before that date, the Appointing Officer, in the appointing officer’s sole discretion, may grant the employee the withheld step increase, to be effective on or after the first pay period following the Appointing Officer’s decision, with no retroactive payment allowed. An employee’s anniversary date shall be unaffected by this provision.

277. Withholding of step advancement shall not affect an employee’s wage increases as provided for in Article III.A. Wages.

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III.N. SICK LEAVE WITH PAY LIMITATION

278. An employee who is absent because of disability leave and who is receiving disability indemnity payments may request that the amount of disability indemnity payment be supplemented with salary to be charged against the employee's sick leave with pay credits so as to equal the amount the employee would have earned for a regular work schedule.  If the employee wishes to exercise this option, the employee must submit a signed statement to the employee's department no later than thirty (30) days following the employee's release from disability leave.

279. Pursuant to Civil Service Rule 120.24, an employee returning from disability leave as defined by CSC Rule 120.24 will accrue sick leave and/or supplemental disability credits at an accelerated rate.

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III.O. STATE DISABILITY INSURANCE (“SDI”)

280. Employees covered by this Agreement shall be enrolled in the State Disability Insurance (“SDI”) program.

281. The payment of sick leave pursuant to Rule 120 of the Civil Service Commission shall not affect and shall be supplementary to payments from State Disability Insurance.  An employee entitled to SDI shall receive in addition thereto such portion of the employee’s accumulated sick leave with pay as will equal, but not exceed, the regular biweekly gross earnings of the employee, including any regularly paid premiums.  Such supplementary payments shall continue for the duration of the employee's illness or disability or until sick leave with pay credited to the employee is exhausted, whichever occurs first.

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III.P. WORKERS COMPENSATION

282. Employee supplementation of workers compensation payment to equal the full salary the employee would have earned for the regular work schedule in effect at the commencement of the workers compensation leave shall be drawn only from an employee’s paid leave credits including vacation, sick leave balance, or other paid leave as available.

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III.Q. HEALTH BENEFIT CONTRIBUTIONS

1. EMPLOYEE HEALTH CARE

283. Pursuant to the Charter, the City contributes whatever rate is applicable per month directly into the City Health Service System for each employee who is a member of the Health Service System.  Subsequent City contributions will be set pursuant to the Charter.

2. DEPENDENT HEALTH CARE PICK-UP

284. From July 1, 2014 to December 31, 2014, the City shall contribute the greater amount of up to $225 per month or 75% of the dependent rate charged by the City to employees for Kaiser coverage at the dependent plus two level.

3. MEDICALLY SINGLE EMPLOYEES

285. Effective January 1, 2014 through December 31, 2014, for “medically single employees” (Employee Only) enrolled in any plan other than the highest cost plan, the City shall contribute ninety percent (90%) of the “medically single employee” (Employee Only) premium for the plan in which the employee is enrolled; provided, however, that the City’s premium contribution will not fall below the lesser of: (a) the "average contribution" as determined by the Health Service Board pursuant to Charter Sections A8.423 and A8.428(b)(2); or (b), if the premium is less than the "average contribution", one hundred percent (100%) of the premium.

286. Effective January 1, 2014 through December 31, 2014, for “medically single employees” (Employee Only) who elect to enroll in the highest cost plan, the City shall contribute ninety percent (90%) of the premium for the second highest cost plan for such employees.

287. If an employee’s work location reasonably requires the employee to reside in a county in which there is no City HMO available, then the City shall pay for medically-single/Employee-Only coverage under the City plan.

Health Coverage Effective January 1, 2015  

288. Effective January 1, 2015, the contribution model for employee health insurance premiums will be based on the City’s contribution of a percentage of those premiums and the employee’s payment of the balance (Percentage-Based Contribution Model), as described below:  

Employee Only:

289. a. For medically single employees (Employee Only) who enroll in any health plan offered through the Health Services System, the City shall contribute ninety-three percent (93%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at ninety-three percent (93%) of the Employee Only premium of the second-highest-cost plan.

Employee Plus One: 

290. b. For employees with one dependent who elect to enroll in any health plan offered through the Health Services System, the City shall contribute ninety-three percent (93%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at ninety-three percent (93%) of the Employee Plus One premium of the second-highest-cost plan.

Employee Plus Two or More:

291. c. For employees with two or more dependents who elect to enroll in any health plan offered through the Health Services System, the City shall contribute eighty-three percent (83%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at eighty-three percent (83%) of the Employee Plus Two or More premium of the second-highest-cost plan.

Contribution Cap

292. In the event HSS eliminates access to the current highest cost plan for active employees, the City contribution under this agreement for the remaining two plans shall not be affected.

Average Contribution Amount

293. For purposes of this agreement, to ensure that all employees enrolled in health insurance through the City’s Health Services System (HSS) are making premium contributions under the Percentage-Based Contribution Model, and therefore have a stake in controlling the long term growth in health insurance costs, it is agreed that, to the extent the City's health insurance premium contribution under the Percentage-Based Contribution Model is less than the “average contribution,” as established under Charter section A8.428(b), then, in addition to the City’s contribution, payments toward the balance of the health insurance premium  under the Percentage-Based Contribution Model shall be deemed to apply to the annual “average contribution.”  The parties intend that the City’s contribution toward employee health insurance premiums will not exceed the amount established under the Percentage-Based Contribution Model.  

Medically Single Employees Outside of Health Coverage Areas

294. The provisions in paragraph 270 above shall not apply to “medically single employees” (Employee Only) who are permanently assigned by the City to work in areas outside of the health coverage areas of Kaiser and Blue Shield for the term of this Agreement. For such “medically single employees” (Employee Only), the City shall continue to contribute one hundred percent (100%) of the premium for the employees’ own health care benefit coverage.

4. DENTAL COVERAGE

295. Each employee covered by this agreement shall be eligible to participate in the City's dental program.

296. The aforesaid payments shall not be considered as part of an employee’s salary for the purpose of computing straight time earnings, compensation for overtime worked, premium pay, retirement benefits or retirement contributions; nor shall such contributions be taken into account on determining the level of any other benefit which is a function of or percentage of salary.

297. Employees who enroll in the Delta Dental PPO Plan shall pay the following premiums for the respective coverage levels: $5/month for employee-only, $10/month for employee + 1 dependent, or $15/month for employee + 2 or more dependents.

5. CONTRIBUTIONS WHILE ON UNPAID LEAVE

298. As set forth in Administrative Code Section 16.701(b), covered employees who are not in active service for more than twelve (12) weeks shall be required to pay the Health Service System for the full premium cost of membership in the Health Service System, unless the employee shall be on sick leave, workers’ compensation, mandatory administrative leave, approved personal leave following family care leave, disciplinary suspensions, or on a layoff holdover list where the employee verifies they have no alternative coverage.

6. HETCH HETCHY AND CAMP MATHER HEALTH STIPEND

299. The City will continue to pay a stipend to eligible employees pursuant to the Annual Salary Ordinance Section 2.1.

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III.R. RETIREMENT

300. Represented employees agree to pay their own employee retirement contribution.  For employees who became members of SFERS prior to November 2, 1976 (Charter Section A8.509 Miscellaneous Plan), the City shall pick up one-half percent (0.5%) of the employee retirement contribution to SFERS.

301. Any City pick-up of employee’s retirement contribution shall not be considered as part of an employee’s compensation for the purpose of computing straight time earnings, compensation for overtime worked, premium pay, or retirement benefits, nor shall such contributions be taken into account in determining the level of any other benefit which is a function of or percentage of salary.

302. Rule changes by the City’s Retirement Board regarding the crediting of accrued sick leave for retirement purposes shall be incorporated herein by reference.  Any such rule change, however, shall not be subject to the grievance and arbitration provisions of this Agreement or the impasse procedures of Charter Section A8.409.

PRE-RETIREMENT SEMINAR

303. Subject to development, availability and scheduling by SFERS and PERS, employees shall be allowed not more than one day during the life of this MOU to attend a pre-retirement planning seminar sponsored by SFERS or PERS.

304. Employees must provide at least two-weeks advance notice of their desire to attend a retirement planning seminar to the appropriate supervisor.  An employee shall be released from work to attend the seminar unless staffing requirements or other Department exigencies require the employee's attendance at work on the day or days such seminar is scheduled.  Release time shall not be unreasonably withheld.

305. All such seminars must be located within the Bay Area.

306. This section shall not be subject to the grievance procedure.

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III.S. LONG TERM DISABILITY INSURANCE

307. The City shall provide to represented employees with six months continuous service a Long Term Disability (LTD) benefit that provides, after a one hundred eighty (180) day elimination period, sixty percent (60%) salary (subject to integration) up to age sixty-five.  Employees who receive payments under the LTD plan shall not be eligible to continue receiving payments under the City's Catastrophic Illness Program.

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III.T. JURY DUTY

308. 1. An employee shall be provided leave with pay on a work day on which the employee performs jury service, providing the employee gives prior notification to the supervisor.  

309. 2. Employees assigned to jury service whose regular work assignments are swing, graveyard or weekend shifts shall not be required to work those shifts when performing jury service, providing the employee gives prior notification to the supervisor.  

310. 3. To receive leave with pay for jury duty, employees must (1) provide written proof of jury service from the court to verify actual appearance for each day of jury duty, and (2) decline any payment from the court for jury duty.

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III.U. FAIR LABOR STANDARDS ACT

311. To the extent that this agreement fails to afford employees the overtime or compensatory time off benefits to which they are entitled under the Fair Labor Standards Act, the agreement is amended to authorize and direct all city departments to ensure that their employees receive, at a minimum, such Fair Labor Standards Act benefits.

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III.V. VACATION

312. Vacations will be administered pursuant to the Administrative Code, Article II, Sections 16.10 through 16.16 (dated 12/94).

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III.W. ADMINISTRATIVE CODE CHAPTER 12W - PAID SICK LEAVE ORDINANCE

313. San Francisco Administrative Code, Chapter 12W, Paid Sick Leave Ordinance, is expressly waived in its entirety with respect to employees covered by this Agreement.

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III.X. LIFE INSURANCE

314. Upon becoming eligible to participate in the Health Service System under San Francisco Administrative Code Section 16.700, the City shall provide term life insurance in the amount of $50,000 for all employees covered by this Agreement.

315. For informational purposes only, the Health Service System currently offers supplemental life insurance. Information regarding supplemental life insurance and other supplemental Health Service System benefits can be found on the Health Service System website. This section providing life insurance under this Agreement does not prevent Local 6 represented employees from purchasing, at their own expense, supplemental benefits through the Health Service System.

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III.Y. HOSPITAL AND SKILLED NURSING FACILITY COVID-19 WORKER

RETENTION PAY

316. In accordance with Senate Bill 184 signed into law by the Governor on June 30, 2022, adding Part 4.6 of Division 2 of the California Labor Code, the City of San Francisco will provide a one-time worker retention payment as described in paragraphs 298 and 299 below, funded by the State of California and consistent with the terms and conditions set forth in the California Labor Code sections 1490, et seq.

317. Eligible part-time employees, as defined by California Labor Code section 1491 (f), assigned to work onsite at locations within the SF Health Network (which includes Zuckerberg San Francisco General Hospital and Laguna Honda Hospital and all Ambulatory Care Clinics, Behavioral Health Clinics, Population Health Clinics, County Jail Sites, and Population Health community outreach programs) who worked at least one hundred (100) hours and no more than three hundred ninety-nine (399) hours between July 30, 2022, through October 28, 2022, shall receive a one-time worker retention payment of up to seven hundred fifty ($750) dollars contingent on and at such time as the California Department of Department of Health Care Services issues payments pursuant to Senate Bill 184.

318. Eligible full-time employees, as defined by California Labor Code section 1491(e), assigned to work onsite at locations within the SF Health Network (which includes Zuckerberg San Francisco General Hospital and Laguna Honda Hospital and all Ambulatory Care Clinics, Behavioral Health Clinics, Population Health Clinics, County Jail Sites, and Population Health community outreach programs) who worked at least four hundred (400) hours between July 30, 2022 through October 28, 2022, shall receive a one-time worker retention payment of up to one thousand ($1000) dollars contingent on and at such time as the California Department of Department of Health Care Services issues payments pursuant to Senate Bill 184.

319. Hospital and skilled nursing facility retention pay shall not be considered compensation for the purpose of computing retirement benefits.

320. This section is not subject to the grievance and arbitration procedure of this Agreement. However, in the event of a dispute, the employee or labor organization can file an appeal as described in Section 1493 of SB 184.

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ARTICLE IV -TRAINING, CAREER DEVELOPMENT AND INCENTIVES

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IV.A. TRAINING, CAREER DEVELOPMENT AND INCENTIVES

321. Represented employees shall be on paid status when assigned to attend required educational programs.

322. Subject to the following conditions, the appointing officer of an individual department may elect to approve reimbursement for training or tuition obtained outside normal working hours:

323. All training/course work must be approved in advance, in writing by management;

324. Requested training/course work must be beneficial to needs of the department and the performance of duties consistent with the employee's current classification;

325. Prior to reimbursement the employee must provide proof of successful completion of the training/course, and;

326. Departments reserve the right to request employees demonstrate proficiency in training/course material within thirty (30) days of completing the training/course.

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IV.B. TUITION AND TRAINING REIMBURSEMENT FUND

327. The City to allocate eight thousand dollars ($8,000) to a Tuition and Training Reimbursement Fund for each fiscal year of this Agreement for the exclusive use of classifications covered by this Agreement.  Employees in said classifications may not receive more than one thousand dollars ($1,000) each per fiscal year from this special allocation.  The provisions of the Reimbursement Fund are attached as Appendix to this agreement.

328. If any portion of the allocated funds under either section remain unexpended at the end of each fiscal year of this Agreement, it shall be carried over to the following fiscal year not to exceed ten thousand dollars ($10,000) and available to be expended.

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IV.C. RETRAINING AND EDUCATION CLASSES

329. When the Appointing Officer of a particular classification represented by the Union requires an employee to attend retraining classes or educational classes during normal working hours, said employee will attend these classes without loss of wages or benefits.

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ARTICLE V - WORKING CONDITIONS

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V.A. PROTECTIVE CLOTHING

330. Employees assigned to work in the covered channels or on machinery located below the water line in the sedimentation or grit tanks of a sewage treatment plant shall be furnished with protective clothing, uniforms or work clothes and laundry connected with this employment without charge.

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V.B. WORK CLOTHING

331. The City agrees to continue the current practice of providing protective work clothing to represented employees. Departments shall establish a regular, annual date to provide equipment or clothing allowance.

332. Employees will be provided five (5) sets of coveralls (Carhartt or equivalent), shop coats or other protective clothing as agreed upon by the individual department and the Union.  A lesser number of sets of protective work clothing may be mutually agreed upon for specific classifications by the Union and individual departments.  The cost of the protective work clothing, laundry of the same, shall be paid by the City.  Where the parties agree to provide reimbursement in lieu of providing protective work clothing, individual departments may, after consulting with the Union over the amount and method of payment, pay a cash work clothing allowance which shall be no less than $250 per year.  In all cases where protective work clothing has been provided, the employee shall be required to wear such clothing during the performance of their duties.

333. When employees working in classifications covered by the terms of this MOU are performing their normal work duties in the rain, they shall be provided adequate foul weather gear.

334. The City agrees to provide safety shoes (Red Wing Mobile or equivalent) of up to $275 in value to represented employees every twelve (12) months. In all cases where safety footwear has been provided, the employee shall be required to wear such footwear during the performance of their duties. Funds allocated for safety shoes may also be used to purchase insoles and/or laces.

335. In addition to providing the safety shoes referenced in the above paragraph, the City shall provide to 7338 Electrical Line Worker, 7350 Transmission and Distribution Line Worker, 7229 Transmission Line Supervisor, and 7285 Transmission Line Worker Supervisor II, climbing boots or other protective footwear which the City and the employee agree is necessary for the identified classifications to safely perform their regular duties.

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V.C. TOOL INSURANCE

336. The City agrees to indemnify employees covered under this Agreement for the loss or destruction of the employee's tools subject to the following conditions:

337. 1. These provisions shall apply when an employee's tools are lost or damaged due to fire or theft by burglary while the tools are properly on City property or being used by the employee in the course of City business.

338. 2. The employee must demonstrate that the employee has complied with all of the tool safekeeping rules required by the City at the employee's particular work location.

339. 3. Upon approval of this Agreement and prior to any losses, the employee must submit a list of the employee’s tools to the employee’s appointing officer and the latter must acknowledge and verify said inventory both as to existence of said tools and their necessity as relates to the employee's job duties.  Tools not enumerated on said list shall not be governed by these provisions.

340. 4. The employee shall be responsible for using all reasonable means to preserve and protect the employee’s tools.  Failure to do so shall relieve the City from any and all obligations under this section.  Any employee making false or inaccurate claims under this section shall be subject to disciplinary action by the employee’s appointing officer.

341. 5. In the case of theft, the following procedures shall be followed in perfecting a claim:

342. a. The employee shall submit a written statement made under penalty of perjury of the tools stolen to the employee’s appointing officer, the local police department and the Union.

343. b. The statement must contain the member's name, location, and details of loss, date of loss and date reported to the police.

344. c. The statement must be submitted to the parties set forth in subsection (a) immediately above within five (5) days of the loss, unless the employee is on authorized leave in which case the employee shall have five (5) days from the date of the employee’s return to report the loss.

345. 6. In case of damage due to fire, the requirements of this section shall be followed with the exception that verified reports need not be filed with the police.

346. 7. The first ten dollars ($10.00) of any loss shall be borne by the employee.  A "loss" is defined as the total dollar amount of tools of the employee lost or damaged in one incident.  Approved claims shall be settled by the City paying to the employee the replacement cost of the tool(s) minus ten dollars ($10.00).

347. 8. The replacement cost for tools governed hereunder shall be determined by agreement between the employee or the employee’s representative and the employee's appointing officer.  Where possible, tools shall be replaced by tools of the same brand name and model.  Any dispute resulting from attempts to determine tool replacement costs shall be submitted to an appropriate grievance procedure for resolution.  In instances where the employee has suffered a loss of a substantial number of tools which would jeopardize the employee's ability to perform the employee’s job duties and if there is a dispute as to tool replacement costs, the employee shall not lose any time from work as a result thereof.

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V.D. HEALTH & SAFETY

348. The City agrees to maintain safety standards as required by the pertinent provisions of OSHA.  Allegations of violation are subject to OSHA law and procedure.

349. The City acknowledges its responsibility to provide a safe and healthful work environment for City employees.  The City agrees to investigate and give consideration to departmental recommendations to improve the working environment of represented employees as required by the pertinent provisions of CAL-OSHA.

350. When an employee, in good faith, believes that a hazardous or unsafe condition exists, and that continuing to work under such conditions poses risks beyond those normally associated with the nature of the job, the employee shall so notify the employee’s supervisor and the Department’s safety committee and/or safety officer.  The safety officer shall promptly investigate the complaint.  While the employee is awaiting the arrival of the safety officer, and until the officer has made a determination, the employee shall not be required to perform the disputed assignment, and shall be assigned other work.

351. If the safety officer determines that the complaint is valid, the officer’s determination, including recommendations regarding abatement procedures or employee reassignments, shall immediately be submitted to the departmental management for resolution.  In the event that there is no concurrence between the employee’s good faith belief that a hazardous or unsafe condition exists, and the safety officer’s determination that such is not the case, the employee shall continue with the assignment.

352. The safety issue, however, would be appealable by the employee.  Said appeal would have to be filed with the Appointing Officer, in writing, within 7 calendar days of the safety officer’s determination.

353. The appeal will be processed through an expedited proceeding.  The expedited hearing shall be before a Health and Safety expert to be mutually selected by the parties.  This individual shall serve as the Health and Safety expert on all appeals until the parties mutually agree to remove the Health and Safety expert, or for twelve months, whichever comes first.  The Health and Safety expert will hear the matter and will make a finding and a recommendation on only the safety issue.

354. After receipt of the appeal, the Appointing Officer will contact the Union within 3 working days to acknowledge receipt of the appeal, and will also contact the Health and Safety expert to arrange for a hearing date.  A hearing on the matter will be scheduled as soon as the Health and Safety expert is available.  The parties shall not use briefs.  The expert will use every effort to issue a bench recommendation followed by a written decision.  Transcription by a certified court reporter shall be taken, but shall be transcribed only at the direction of the health and safety expert.

355. Each party shall bear its own expenses in connection with the Health and Safety expert hearing process.  All fees and expenses of the expert and the court reporter and transcript, if any, shall be shared equally by the parties.

356. In cases where the department does not have a safety officer, the employee shall have the option to appeal the safety issue directly with the Appointing Officer for resolution as detailed above.

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V.E. SAFETY EQUIPMENT

357. The City agrees to provide all required safety equipment (i.e., protective eyewear, protective footwear, hearing protection) in compliance with Cal-OSHA regulations.

358. The City agrees to provide goggles, hard hats, ear plugs, dust masks, respirators, leather gloves and all safety equipment, as needed, for all employees working in classifications covered by the terms of this agreement.  Employees who wear prescription glasses may at the discretion of the Appointing Officer, be provided with prescription safety glasses.

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V.F. SUBSTANCE ABUSE PREVENTION POLICY

359. Attached as Appendix D is the Substance Abuse Prevention Policy (SAPP). The SAPP will come into effect after the City engages a vendor to provide oral fluid testing.

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V.G. EMPLOYEE ASSISTANCE PROGRAM (EAP) AND PEER COUNSELING PROGRAM

Employee Assistance Program Advisory Committee 

360. The Employee Assistance Program Advisory Committee's purpose shall be to advise the Employee Assistance Program on matters concerning services provided by the program.  This committee shall include participation by recognized employee organizations.

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V.H. DIRECT DEPOSIT OF PAYMENTS

361. The Citywide “Paperless Pay” Policy applies to all City employees covered under this Agreement.

362. Under the policy, all employees shall be able to access their pay advices electronically on a password protected site, and print them in a confidential manner, using City Internet, computers and printers.  Such use of City equipment shall be free of charge to employees, is expressly authorized under this section of the Agreement, and shall not be considered “inappropriate use” under any City policy.  Pay advices shall also be available to employees on a password protected site that is accessible from home or other non-worksite computers, and that allows the employees to print the pay advices.  Employees who wish to receive a paper statement shall receive assistance to print hard copies of their pay advices through their payroll offices upon request, on a one-time or ongoing basis.  

363. In addition to payroll information already provided, the pay advices shall reflect usage and balance (broken out for vacation, sick leave, etc.) the employee’s hours of compensatory time, overtime, and premiums earned during the relevant payroll period.  The City shall maintain electronic pay advices and/or wage statements for at least seven (7) years.

364. Under the policy, all employees will have two options for receiving pay: direct deposit or bank pay card.  Employees not signing up for either option will be defaulted into bank pay cards.    

365. Every employee shall possess the right to do the following with any frequency and without incurring any cost to the employee:

1. Change the account into which the direct deposit is made;
2. Switch from the direct deposit option to the bank pay card option, or vice versa;
3. Obtain a new bank pay card the first time the employee’s bank pay card is lost, stolen or misplaced;

366. The City assures that the bank pay card shall be FDIC insured and that employees will not be charged for the bank pay card or for withdrawals made from the Bank providing the bank pay card. The City further assures that in the event of an alleged overpayment by the City to the employee, the City shall not unilaterally reverse a payment to the direct deposit account or bank pay card.

367. The City will work with the vendor to evaluate options to provide no-cost ATMs available at large worksites and remote worksites.

368. The parties mutually agree that employees may print out pay advices during work hours.

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V.I. APPRENTICESHIP PROGRAM

369. The parties agree to meet to discuss the development of mutually agreeable apprenticeship programs and training programs including compensation and entry level salaries for apprentice and/or trainee positions.  It is the parties’ intent that trainees/apprentices advance to a journey-level position at the conclusion of the program, upon successful completion and when appropriate.  The specific provisions of the apprenticeship programs shall be subject to agreement between the City, the Civil Service Commission (where appropriate), and the Union.

370. The following journey-level classes (“Apprenticeship Classes”) shall be eligible for an apprenticeship and/or training program, subject to agreement:

7318: Electronic Maintenance Technicians
7350: Transmission and Distribution Line Workers
7338: Electrical Line Workers
9240: Airport Electricians

371. The parties shall use all reasonable efforts to promptly implement mutually agreeable apprenticeship programs. The parties agree to conclude negotiations regarding the development of apprenticeship programs no later than December 31, 2022.

372. Any agreement setting forth the terms of the apprenticeship program will be included in a specific Appendix to this Agreement. Nothing in this Agreement shall be construed as committing the City to join any Union or affiliated entities trust fund.

373. The parties fully support the objective of increasing the percentage of underrepresented groups in apprenticeship programs in City departments.  The parties shall make reasonable efforts to ensure that the composition of candidates for City apprenticeship placements is consistent with this diversity objective.

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V.J. DBI, SAS, DPW, & DT PARKING

374. The Department of Building Inspection (“DBI”), the Department of Sanitation and Streets (“SAS”), Department of Public Works (“DPW”), and the Department of Technology (“DT”) will not alter the status quo with respect to procedures for Local 6 bargaining unit employees assigned City vehicles who receive parking tickets in the course and scope of their employment for the citations listing in the Department of Parking and Traffic’s memorandum dated March 27, 1998, (i.e., meters, yellow zones and/or truck loading zones.) These procedures are described in the Award of Arbitrator Cohn dated October 1, 1999 and included submitting the ticket to the employer’s supervisor. Tickets issues for other violations other than those referenced above (i.e., meters, yellow zones and/or truck loading zones) or tickets incurred outside of work hours (work hours include overtime assignments) are the responsibility of the employee.

375. DBI, DPW, SAS, and DT will also maintain the status quo with respect to the current assignment of City Vehicles. Current bargaining unit employees, (i.e., employees hired prior to October 1, 2000) shall continue to have City vehicles made available for the performance of their job duties. Should City vehicles become unavailable due to maintenance needs of the like, current electrical inspectors may be required to use their own vehicles and will be reimbursed as per the MOU.

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ARTICLE VI - SCOPE

376. The parties recognize that recodifications may change the references to specific Civil Service Rules and Charter sections contained herein.  Therefore, the parties agree that in this event, such terms will be read as if they accurately reference the same sections in their newly codified form.

377. Nothing contained in this Agreement shall have application to changes of Civil Service Rules excluded from bargaining pursuant to Charter Section A8.409-3.

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VI.A. SAVINGS CLAUSE

378. Should any part of this Agreement be determined to be contrary to law, such invalidation of that part or portion of this Agreement shall not invalidate the remaining portions hereof.  In the event of such determination, the parties agree to immediately meet and confer in an attempt to agree upon a provision for the invalidated portion which meets with the precepts of the law.

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VI.B. REOPENER

379. Consistent with the provisions of Charter Section A8.409, this Agreement shall be reopened if the Charter is amended to enable the City and that Union to arbitrate retirement benefits.

380. Any agreements reached will be incorporated into the MOU by way of amendment of the MOU.

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VI.C. ZIPPER CLAUSE

381. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein.  This Agreement may be modified, but only in writing, upon the mutual consent of the parties except as otherwise provided herein.

382. Pursuant to the zipper clause provision in the 1997-2001 MOU, the parties agree that any and all past practices and understandings not memorialized and incorporated into this Agreement, or the appendices hereto, shall no longer be enforceable.

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VI.D. DURATION OF AGREEMENT

383. This Agreement shall be effective July 1, 2024, and shall remain in full force and effect through June 30, 2027, with no reopeners except as specifically provided herein.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 14th day of May, 2024.

FOR THE CITY

• Carol Isen, Human Resources Director
  Date: 5/14/24
• Ardis Graham, Employee Relations Director
  Date: 5/14/24

FOR THE UNION

• John J. Doherty, Business Manager, Financial Secretary 
  Date
• Osha Ashworth, Assistant Business Manager
• Date

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

• Jonathan Rolnick, Chief Labor Attorney    
  Date: 5/14/24  

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APPENDIX A: EMPLOYEE TRAINING REIMBURSEMENT PROGRAM

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1. WHO MAY APPLY FOR REIMBURSEMENT

A. Any employee holding regular appointment to a full-time, permanent position within the City service and who has served a minimum of one (1) year continuous permanent service in any class immediately prior to receipt of application, may apply for tuition reimbursement in accordance with the provisions of this rule and the provisions of the Administrative Code.

B. In order to receive reimbursement, employees must complete the General Tuition Reimbursement Form and have it signed by their supervisor. Upon supervisorial approval, employees must upload the PDF document into the Online Tuition Reimbursement System when submitting a Pre-Approval Request.  Such application for reimbursement shall be made prior to the date of enrollment in the course, and if approved by Human Resources in the Online Tuition Reimbursement System, reimbursement shall be subject to successful completion of the course and availability of funds.

Should an employee not have access to the technology necessary for an on-line process, the General Tuition Reimbursement Form will be available through departmental human resource personnel, and the reimbursement process will be facilitated through this staff.

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2. TRAINING FOR PROMOTION OR ADVANCEMENT

A. An eligible employee may apply for reimbursement for a training course pertaining to the duties of a higher classification when such course is given outside of regular working hours by an accredited educational institution.  Accredited educational institutions shall be defined as institutions whose courses offered for credit are acceptable for regular examination given by the Department of Human Resources.  Subject to the budgetary and fiscal provisions of the Charter, the employee shall be reimbursed one-half of the cost of tuition for said course if attendance has been approved in advance and funds have been appropriated and are available.  The Department of Human Resources will verify that the employee has satisfactorily completed the course with a passing grade.  If the course is not graded, or is not a credited course, an official transcript or other official document from the accredited school certifying completion of the course shall be deemed evidence of satisfactory completion.

B. No reimbursement shall be made if the employee is eligible to receive reimbursement for said tuition under a Federal or State Veterans’ benefit program or from other public funds.

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3. TRAINING FOR WORK IN PRESENT CLASSIFICATION

A. An eligible employee may apply to the Department of Human Resources through the appointing officer for reimbursement in a training course given by an accredited educational institution during or outside working hours for the purpose of improving performance in the present classification.

B. Accredited educational institutions shall be defined as institutions whose courses offered for credit are acceptable for regular examination given by the Department of Human Resources.  The Department of Human Resources shall be the judge of whether such training meets the criteria of improving performance in the employee’s present job, and whether the training can be provided through available in-service activities.  Subject to the budgetary and fiscal provisions of the Charter, the employee shall be reimbursed for tuition, supplies, books, and other fees for such course if attendance has been approved in advance, and funds have been appropriated and are available.  If attendance is during regular hours, it shall be considered a duty assignment for the purpose of payment of salary.  The Department of Human Resources will verify that the employee has satisfactorily completed the course with a passing grade.  If the course is not graded, or is not a credited course, an official transcript or other official document from the accredited school certifying completion of the course shall be deemed evidence of satisfactory completion.

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4. EDUCATIONAL INSTITUTION - WHEN ACCREDITED

The Department of Human Resources or Human Resources Director shall be the judge of whether an educational institution is properly accredited for the purpose of this rule.  The appointing officer shall consider the employee’s record of performance in making recommendations.
 

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APPENDIX B: PAST PRACTICES and DEPARTMENTAL WORKING CONDITIONS – IBEW LOCAL 6

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I. WORKWEEK AND HOURS

A. The normal work week for the following work assignment locations shall be forty (40) hours per week, Monday through Friday:

1. Department of Technology Public Safety Wire Section and Telecommunications Facilities Section
2. Port of San Francisco
3. Department of Building Inspection
4. S.F. Airport, Building Maintenance (not airfield maintenance)
5. Department of Public Works/Department of Sanitation and Streets
6. Public Utilities Commission Water Department
7. Public Utilities Commission Hetch-Hetchy Water and Power, except the: (i) Primary Control Center currently located at Moccasin; and (ii) power generation and transmission facilities at Early Intake - Kirkwood Powerhouse (“Backup Control Center”), Holm Powerhouse, and the Early Intake switch yard (collectively “Early Intake”).  In the event that the City decides to re-locate the Primary Control Center currently located in Moccasin, or the Backup Control Center currently located in the Kirkwood Powerhouse, the parties agree to meet and confer to conform this Agreement to the new control center location(s).
8. Public Library
9. Recreation and Parks Department
10. Sheriff's Department
11. War Memorial
12. Laguna Honda
13. Public Utilities Commission Wastewater Enterprise

B. The normal work week for the following work assignment locations shall be forty (40) hours per week; five (5) consecutive 8 hour days within one (1) week:

1. San Francisco Airport, Airfield maintenance (all shifts)

C. Hetch-Hetchy Power Systems Operations currently located at the Primary Control Center at Moccasin (classes 7480, 7482, 7484, and 7488)

1. Hetch-Hetchy Power Systems Operators

The normal work week and hours for Hetch-Hetchy Power Systems Operations shall be in accordance with the following three cycles; however, individual employee assignments are subject to change due to operational needs.

Hetch-Hetchy Power Systems Operations Schedule I Cycle: A thirty-five (35) day cycle of:

a. Three (3) consecutive day shifts of 12 hours followed by seven (7) consecutive days off.

b. Four (4) consecutive day shifts of 11 hours followed by three (3) consecutive days off.

c. Four (4) consecutive night shifts of 12 hours followed by two (2) consecutive days off.

d. Three (3) consecutive day shifts of 12 hours followed by one (1) day off.

e. Three (3) consecutive night shifts of 12 hours followed by two (2) consecutive days off.

f. One day shift of 12 hours.

All 11 and 12-hour day shifts begin at 6:00 a.m. All 12-hour night shifts begin at 6:00 p.m.

Hetch-Hetchy Power Systems Operations Schedule II Cycle: Four (4) consecutive 10-hour day shifts within one week. The 10-hour Primary Control Center Schedule II day shifts shall begin at 6:00 a.m.

The Department shall notify the Union of any proposed schedule changes from the Schedule I Cycle to the Schedule II or Schedule III Cycle at least five (5) weeks in advance. The Department may provide less than five (5) weeks notice of such a schedule change if the employee agrees to the change in writing, including the assigned responsibilities during the reassignment period and the start and anticipated end date of the schedule change. The Department shall indicate the basis for the proposed change for any employees being reassigned from the Schedule I Cycle to the Schedule II or Schedule III Cycle. Employees reassigned from the Schedule I Cycle to the Schedule II, or employees assigned to the Schedule III Cycle, shall be paid a new premium of seven and a half percent (7.5%) of their regular straight-time pay during such reassignment (“Special Assignment Premium”).  Schedule changes shall not be used to avoid payment of overtime.

New hires who have not passed probation and are not NERC certified, and who have not passed all of their training requirements, are not eligible for the Schedule II Cycle Special Assignment Premium. The Department shall permit employees assigned to the Schedule II or Schedule III Cycle to return to the Schedule I Cycle upon request, subject to operational needs, however the Department retains the right to determine which employee is assigned to Schedule II or Schedule III Cycles.

Newly hired employees shall be placed on the Schedule II Cycle for up to eighteen (18) months, or a shorter period of time, subject to the operational needs of the Department, and thereafter shall be assigned to either Early Intake on the Schedule III Cycle, or the Primary Control Center on the Schedule I Cycle. The Department may also assign employees to the Schedule II Cycle to meet operational needs.

2. Hetch-Hetchy Power Systems Operations Schedule III Cycle

The Hetch-Hetchy Power Systems schedule consists of a Monday through Friday work week containing five (5) consecutive 8-hour day shifts. Schedule III 8-hour day shifts shall begin at 6 a.m.

Shift swap:

Employees in classifications 7482, 7484, and 7488 may exchange their scheduled shift with another subject to department approval.

D. Monday Through Friday Work Weeks:

The following shift hours are to be observed at the following work locations:

1. Department of Technology –

Day Shift:  Public Safety Wire Section: 7:00 a.m. - 3:30 p.m. 

Telecommunications Facilities Section: 7:00 a.m. - 3:30 p.m.

Swing Shift: Public Safety Wire Section:  3:00 p.m. - 11:00 p.m.

Graveyard Shift: Public Safety Wire Section: 11:00 p.m. - 7:00 a.m.

2. S.F. Airport Electric Shop; Building Maintenance for all classes except 7318s:  

Day Shift: 7:00 a.m. - 3:30 p.m.Swing Shift: 3:00 p.m. - 11:00 p.m.

Graveyard Shift: 11:00 p.m. - 7:00 a.m.

3. Public Utilities Commission

a. Public Utilities Commission Wastewater Enterprise: staggered:    

• 6:00 a.m. - 2:30 p.m.
• 6:30 a.m. - 3:00 p.m.
• 7:00 a.m. - 3:30 p.m.

b. Public Utilities Commission (Water Department)    

• Newcomb Street Yard: 7:00 a.m.- 3:30 p.m.
• Millbrae Yard: 7:00 a.m.- 3:30 p.m.

c. Public Utilities Commission (Hetch-Hetchy Water and Power; Moccasin Line Shop, Moccasin Electric Shop and Warnerville Line Shop):

• 7:00 a.m. – 3:30 p.m.

d. Public Utilities Commission (Power Enterprise)

• Pier 23: 6 a.m. - 2:30 p.m.

4. Department of Public Works/Department of Sanitation and Streets

• 2323 Chavez Street: 7:00 a.m. - 3:30 p.m.

Department of Public Works/Department of Sanitation and Streets, Bureau of Building Repair: For work orders where there is a compelling need to commence work before 7:00 a.m. and where the work will last at least one (1) month, the workday may be changed to 6:00 a.m. to 2:30 p.m., provided that the Bureau provides the Union with at least ten (10) business days’ notice of such change.  

5. Public Library:

• 7:00 a.m. - 3:30 p.m.

6. Recreation and Parks Department:

• 7:00 a.m. - 3:30 p.m.

7. Sheriff's Department:

• 7:00 a.m. - 3:30 p.m.

8. Port of San Francisco:

• 7:30 a.m. - 4:00 p.m.

9. Department of Building Inspection:

• 7:30 a.m. – 4:00 p.m. or 8:00 a.m. - 5:00 p.m. for the front counter, rotating on a daily basis

10. War Memorial:

• 8:30 a.m. - 5:00 p.m.

11. Laguna Honda Electric Shop:

• 7:45 a.m. - 4:15 p.m.

E. Five Consecutive Eight (8) Hour Days within One (1) Week:

• S.F. Airport - Airfield Maintenance and class 7318 Building Maintenance:
• Day Shift: 7:00 a.m. - 3:30 p.m.
• Swing Shift: 3:00 p.m. - 11:00 p.m.
• Graveyard Shift: 11:00 p.m. -  7:00 a.m.*

The Union and the City shall begin meeting and conferring no later than August 1, 2024, with the intent to introduce 4/10 bid lines for the Graveyard Shift for 9240 Airport Electricians and 9241 Airport Electrician. If the parties reach mutual agreement on all issues related to the 4/10 bid lines, Airfield Maintenance will implement the new 4/10 schedules no later than the next shift sign up that occurs after January 1, 2025.

Should the parties fail to reach agreement on this issue, the parties will submit the issue to Arbitrator Joel Schaffer, or another mutually agreeable arbitrator, pursuant to the impasse resolution procedures in section A8.409 of the Charter.

F. Day Shifts - Five Consecutive Eight (8) – Hour Days within One (1) Week (Monday -  Friday except as provided): Hetch Hetchy Water and Power, Moccasin Electronic Tech Shop

1. Public Utilities Commission (Hetch Hetchy Water and Power; Moccasin Tech Shop)

7:00 a.m. - 3:30 p.m.    

or

8:00 a.m. – 4:30 p.m.

2. The San Francisco Public Utilities Commission’s Hetch Hetchy Water and Power will assign workweek and work hours for employees in the Electronic Maintenance Technician Shop pursuant to Appendix B.F.1.

a. However, management may at its discretion assign up to 2 (two) 7318 Electronic Maintenance Technicians to a Sunday through Thursday workweek, with observed shift hours 7:00 a.m. to 3:30 p.m.

b. No less than once each year, each shift (meaning: workweek and work hours) shall be open to bidding. Bidding shall be conducted pursuant to numerals 2 – 6 as delineated in C. below.  The scheduling of this bidding shall be at management’s discretion.

c. In the event a vacancy occurs in the Sunday through Thursday shift, management may at its discretion, fill or not fill the vacancy. In the event that management determines to fill a vacancy, the vacancy shall be filled using the following process:

i. Vacancies shall be posted in all technician shops at Hetch Hetchy Water and Power for a period of five (5) working days.

ii. Bids from eligible employees must be filed within five (5) working days from the end of the posting period.

iii. The most senior eligible employee shall be assigned among those volunteering for the vacant assignment.

iv. If no volunteers bid, management may assign least senior eligible employee.

v. Eligible employees shall be those non-probationary employees in classification 7318 Electronic Maintenance Technician, or in the case of provisional employees, those who have held an appointment in the class for a length of time equivalent to the probationary period.

vi. For the purposes of bidding, seniority shall be determined first by date of hire within the department, within the classification, to a permanent position; followed, for provisional employees, by date of hire within the department, within the classification.  In the event of a tie, the tie shall be broken consistent with Civil Service Commission Rule 121.3.

The parties further agree that within thirty days of the execution of this Agreement, all Class 7318 Electronic Maintenance Technicians workweek and work hour assignments shall be filled pursuant to the bidding process described above.

Upon the request of the City, the Union will meet with the City to discuss the possibility of raising the number of 7318 Electronic Maintenance Technicians on Sunday to Thursday shifts.

G. Public Utilities Commission Power Generation and Power Management

The Union recognizes that PUC is changing operations in the field of power generation and power management and will continue to do so during the life of this Agreement.  The parties agree to meet and confer consistent with the MOU to negotiate shift additions and changes consistent with such operations.

H. San Francisco International Airport Electrical Shop (Shifts and Shift Bidding):

1. Shift Bidding

a. Management will determine the schedule of probationary employees, and will allow them to rotate shifts, as is necessary to provide probationary employees with complete training.

b. Shifts and Regular Days Off for all covered employees to be bid every six (6) months.

c. Final bid posting at least one (1) week before shift cycle.

d. Bids will be awarded by departmental seniority.

2. Vacancies Between Bid Cycles

a. In the event a vacancy occurs on any shift between bid cycles, management may at its discretion, fill or not fill the vacancy.  In the event that management determines to fill a vacancy, the vacancy shall be filled:

i. First, the most senior among those volunteering for the vacant assignment.

ii. 2) Second, if no volunteers, management will assign least senior non-probationary employees within the classification, and not currently on shift, to fill the vacancy until the next bid cycle.

iii. Seniority for the purposes of bidding means date of hire within affected class within the Department.

I. Public Utilities Commission Water Supply and Treatment Division (Shifts and Shift Bidding)

1. Shift Bidding

a. No less than once each year, each shift (including days off) within each section of the Water Supply and Treatment Division (Harry Tracy Water Treatment Plant, Sunol Water Treatment Plant and the Millbrae Corporation Yard) shall be open to bid.  This provision shall not preclude the scheduling of additional shift bidding periods within particular bid units upon mutual agreement of Management and the Union.  The annual shift bidding period required herein shall be integrated with transfer bidding in order to effect transfers and shift selections in a single integrated process at least once annually.

Each location may have up to two shifts which shall be: Shift 1, 8:00 a.m. to 4:30 p.m., Shift 2, 3:30 p.m. to 12:00 a.m. or 4:00 p.m. to 12:30 a.m.  The work week for both shifts at Water Supply and Treatment Division shall be Monday through Friday.

b. Employees eligible to bid shall include all employees in the Water Supply and Treatment Division in class 7318, Electronic Maintenance Technician.

c. At the time set by Management for the annual shift bidding period, the supervisor of each unit shall post for one (1) week shifts, and the number of employees in each classification to full such shifts, so that full-time employees described in paragraph B. above may submit their choices of shifts.  Eligible employees who fail to submit timely bids, shall be assigned in the sole discretion of Management.

d. Assignments shall become effective two weeks after the end of the posting period (or at the nearest commencement thereto of the next pay period) and shall be awarded in accordance with Water Supply and Treatment Division seniority in class above, except that Management may deny or delay bids that effect special projects or which require special skills or specific experience related to a specific job.

e. Management shall retain the right between posting period to change an employee’s shift temporarily for training purposes or on account of unexpected operational demands.  This period shall not exceed an aggregate of six (6) months for new hires and 120 days for existing 7318’s transferring in to the Water Supply and Treatment Division from other Public Utilities Commission Divisions or other Departments, provided the 120-day exclusion can be extended in the event the employee has yet to demonstrate the ability to satisfactorily perform duties.  In the case of changed operational demands requiring permanent shift changes, Management shall attempt to meet its requirements to change employee’s shifts, first, through solicitation of volunteers, thereafter, by assignment by inverse seniority in the event insufficient voluntary shift changes are made to meet operational demands.  Any person whose shift is changed involuntarily shall not be subject to the twenty-four (24) month exclusion rule contained in the transfer procedures notwithstanding that such employee may have been effected a successful transfer bid within twenty-four (24) months preceding an involuntary shift change pursuant to this provision.

2. Transfer Bidding

Division Transfer Bidding

a. There shall be a bidding system to effect transfer of employees once every twelve (12) months.

b. Employees in class 7318 shall be eligible to transfer between sections specific in 1.A., above.

c. Transfers shall be awarded on the basis of departmental seniority subject to the Employee’s demonstrating that the employee is or becomes proficient in the job after on-the-job training not to exceed (6) months.

d. Employees who successfully bid and who are thereby reassigned, shall not be eligible to exercise another transfer bid for twenty-four (24) months.

e. If the Water Supply and Treatment Division determines that severe operational difficulties will occur in a particular unit if bidding into or out of such unit is effected, it may establish a limit on the number of employees entering or leaving such unit, subject to review at the Union’s request pursuant to grievance procedure.

f. An employee is ineligible to exercise a bid, if such employee has been disciplined by suspension or more with the one (1) year period immediately preceding the opening of the application filing period.

g. Employee displaced by operation of the transfer bidding system, if any, shall be displaced in inverse seniority order. Displacement need not occur if an open position or a new position exists at the affected division.  Displaced employees shall be listed by Departmental classification seniority order.

h. Management will post all positions left vacant as a result of the application of the Transfer Bidding Procedure described herein.

i. Employees described in G. above shall be bid into the Units where vacancies described in H. above are determined to exist. Bids by such employees shall be awarded in accordance with Departmental classification seniority.

j. No person who is required to bid in accordance with H. through I. above shall be deemed to have exhausted the employee’s right to transfer nor shall the employee be subjected to a twenty-four (24) months preclusion period as described in D. above.

k. It is the intent of these procedures that they be effected in conjunction with the Shift Bidding Procedures to achieve coordinated manning of units, and shifts in a single integrated procedure.

3. Vacancy Bidding

a. All new or vacant positions at the Water Supply and Treatment Division (Harry Tracy Water Treatment Plant, Sunol Water Treatment Plant and the Millbrae Corporation Yard) shall be subject to employee’s bids before employees from the outside are hired to fill any such new or vacant positions.

b. Eligible employees shall be those in classes 7318 and 7345 within the Water Supply and Treatment Division (Harry Tracy Water Treatment Plant, Sunol Water Treatment Plant and the Millbrae Corporation Yard), where the new or vacant position is available and who are assigned the same classification as the new or open positions.

c. Vacancies as described in 3.A. above shall be posted in the sections where such vacancies occur for a period of five (5) working days.

d. Bids for eligible employees must be filed within five (5) working days from the initial date of posting.

e. Operational positions shall be awarded on the basis of Departmental classification seniority.

f. Exceptions may be made for training purposes of if the operation of this provision would be negatively impact service reliability, service standards or employee safety.

g. This procedure shall not apply to open or new positions existing at the time of the regular transfer and shift bidding periods.  At such times, open or new positions shall be filled in accordance with those procedures.  These procedures shall apply before and after the opening and closing of regular transfer and shift bidding procedures.

h. This section applies to initial vacancies only and will not apply to vacancies created by this bidding process.

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II. WORKING CONDITIONS

A. Break Periods.

Applies to all employees in Unit 1-L

Two (2) break periods each shift of fifteen (15) minutes.  One approximately two (2) hours after the start of the shift, the other approximately two (2) hours before the end of the shift.

B. Meals/Meal Periods.

1. (Not applicable to employees working straight eights or twelves.)  In the event an employee works through the employee’s regularly scheduled meal period (approximately mid-shift) or is unable to take a meal period commencing within one hour before or after the start time of the regularly scheduled meal period, the employee shall be entitled to take up to a one-half hour meal period while on duty when there is a reasonable opportunity thereafter.  Such meal period shall be (1) included as paid work time and (2) used for the purposes of determining if and when overtime begins.

2. Straight eight (8) or twelve (12) hour shifts:  All straight eight (8) or twelve (12) hour shifts shall include time allotted to a meal period at approximately mid-shift.  Employees on break for such meal periods shall be deemed to be in "on duty" pay status.

3. Free Meals Sheriff's Department:  Meals are provided to unit employees assigned to the Sheriff's Department at County Jails #3, 7, 8 and 9 - free of charge.

4. Special Conditions Applicable to Recreation and Parks Department Employees Assigned to Camp Mather:  Unit employees assigned to Camp Mather are entitled to one (1) paid travel day, each way to and from Camp Mather and a $10/day meal voucher for each travel day pursuant to the Administrative Code.  In addition, the employee is entitled to a free room with bed and access to bath and three free meals per day.

5. Meal Provision – Hetch-Hetchy Only

When an employee works more than two (2) hours of unscheduled overtime the City shall provide the employee with a meal or pay the employee the current per diem rate for the meal.

C. Preparation and Clean-up Time.

Reasonable preparation and clean-up time is allowed, appropriate to the work being performed (applicable to all unit employees).

D. Safety Practices.

1. The City acknowledges that for health and safety reasons, the Public Utilities Commission staffs Hetch Hetchy Moccasin line shop line crew and Warnerville Line Shop line crew with three (3) employees; however, on occasion, subject to operational needs of the Department, the crew size may be less than this number.

2. A minimum of two (2) employees shall be assigned to any work requiring entrance into an underground vault.

3. A minimum of two (2) electricians or above shall be assigned for work on all live circuits of 277 volts or greater.

4. Employees shall use remote racking and switching devices on equipment 480 volts and greater when available. When not available, the City shall assign a minimum of two (2) qualified workers to any work requiring switching on equipment 480 volts and greater.

5. Class 7510 light fixture maintenance worker need not be accompanied by a second 7510 in the performance fixture maintenance work within the classification.

6. Upon request, an employee shall be accompanied by a Deputy Sheriff when working in any jail.

7. At the Department of Public Works, Bureau of Building Repair and/or Public Utilities Commission, employees assigned to the Wastewater Enterprise Division shall be provided with a shower room, one (1) annual physical exam at no charge, free vaccines for hepatitis, T.B. and/or any other necessary vaccines required for exposure to raw sewage.

8. The City acknowledges for health and safety reasons, PUC staffs the Primary Control Center with three (3) employees, however, on occasion, subject to the operational needs of the department, the crew size may be less than this number.

9. The City will provide Powerhouse Operators with North American Electric Reliability Corporation (NERC) required continuing education hours necessary to maintain current certifications with such training to take place during the 11-hour day shifts.

10. If the City assigns any Powerhouse Operators to work at Early Intake, it shall assign at least two (2) Powerhouse Operators to work there on five (5) consecutive 8-hour day shifts, Monday through Friday, as set forth in Section C.2 above, however, on occasion, and subject to the operational needs of the Department, the City may staff Early Intake with one (1) Powerhouse Operator for a period not to exceed five (5) consecutive weekdays.  No Powerhouse Operator shall be assigned to work alone at Early Intake on a Saturday or a Sunday without another City employee present.

11. Powerhouse Operators on the Schedule I Cycle are eligible for overtime, at one-and-one-half the base hourly rate, after they have worked more than forty (40) hours in a normal work week, or more than 12 hours in one day. Powerhouse Operators on the Schedule II Cycle are eligible for overtime, at one-and-one-half the base hourly rate, after they have worked more than forty (40) hours in a normal work week, or more than 10 hours in one day.  Powerhouse Operators assigned to work on the Schedule III Cycle are eligible for overtime, at one-and-one-half the base hourly rate, after they have worked more than forty (40) hours in a normal work week, or more than 8 hours in one day.

E. Safety Equipment.

The following safety equipment shall be provided by the City free of charge to employees assigned to the following work locations:

1. All necessary safety equipment:  Department of Building Inspection; Port of San Francisco.

2. Prescription safety glasses upon request:  S.F. International Airport (Airfield & Building Maintenance); Water Department (Millbrae and Newcomb); Port of San Francisco.

3. Miscellaneous:  Custom fit ear protection - S.F. International Airport (Airfield & Building Maintenance); all necessary high voltage equipment - S.F. International Airport (Airfield Maintenance); shower room and adequate time to shower when needed - Water Department (Millbrae Yard).

F. Safety Meetings.

1. Safety meetings are held every payday on each shift with unit employees at the following jobsite locations:

a. Department of Technology Public Safety Wire Section and Telecommunications Facilities Section
b. Port of San Francisco Electric Shop
c. San Francisco Airport - Airfield Maintenance and Building Maintenance Shops
d. Department of Public Works Bureau of Building Repair 
e. Public Utilities Commission – Wastewater Enterprise and Water Department - Millbrae and Newcomb Yards

2. Safety meetings are held at least every ten (10) days on each shift with unit employees at the following jobsite locations:

a. Recreation and Parks Department Electric Shop
b. Laguna Honda Electric Shop

3. Safety meetings are held at least once per month on each shift with unit employees at the following jobsite locations:

a. Department of Building Inspections
b. Hetch Hetchy Water and Power Primary Control Center and Early Intake 
c. Public Library
d. War Memorial Electric Shop (in accordance with Cal-OSHA requirements)

4. Other:

a. Safety meetings are held with unit employees once per week at Moccasin Tech, Line, Electric and Warnerville Line Shop
b. Safety meetings are held with unit employees at the Sheriff's Department (Jail Nos. 3, 7, 8 and 9) as needed to meet Cal-OSHA minimum standards.

G. Overalls/Coveralls/Uniforms.

The following are provided unit employees free of charge:

Laguna Honda Electric Shop:  An adequate number of uniforms shall be supplied by the department and shall be laundered free of charge.

H. Security of Employees Effects and Tools.

Bargaining Unit employees at the following locations shall be provided safe and secure storage facilities for personal effects and work clothes (lockers or the equivalent); and for personally provided tools (lockers, storage area, lock boxes, etc.) where such tools are used in the performance of the employees' duties.

1. Department of Technology.  (Rankin Street)
2. Port of San Francisco.
3. San Francisco International Airport - Building Maintenance/Airfield Maintenance Shops.
4. Department of Public Works - Cesar Chavez Street 
5. San Francisco Public Utilities - Water Department (Millbrae/Newcomb) and Wastewater Enterprise
6. Hetch Hetchy Water and Power
7. Public Library
8. Sheriff's Department - Jail #8 and #9

I. Training and New Hire Training Periods.

1. Department of Technology - Public Safety Wire Section:  New hires not eligible for overtime shift coverage for first six months of employment.
2. San Francisco International Airport – Airfield Maintenance Only: Newly hired 9240s may be assigned to any shift.
3. Hetch-Hetchy - Tech, Line, Electric and Warnerville Line Shop:  New hires assigned at the discretion of supervisor.

J. Overtime, Vacation, and Shift Bidding

1. Overtime:

a. Overtime assigned at discretion of supervisor.  (Applies to Laguna Honda; Hetch Hetchy Moccasin, Tech, Line and Warnerville Line Shop; Public Library)

b. Overtime assigned to employee working on the job first, thereafter assignment made at supervisor's discretion.  (Applies to Port of San Francisco; San Francisco Intl. Airport-Building Maintenance; Dept. of Public Works Bureau of Building Repair; Wastewater Enterprise; Water Department; Dept. of Telecommunication Facilities Section.

c. Department of Technology Public Safety Wire Section:  See attached Appendix B-1

d. Department of Building Inspection:  See Attached Appendix B-2.

e. S.F. International Airport Airfield Maintenance:  Overtime is offered to employee with least number of accrued overtime hours.

f. Primary Control Center and Early Intake powerhouses:  Overtime shall be by seniority in accordance with seniority lists established as of each January 1.  Once through the list, then assignments are offered to employee with least number of "accrued overtime hours."  Refusals count as "accrued overtime hours" for the purpose of overtime distribution.

g. Recreation and Parks Department:  Overtime seniority list established and overtime offered on basis of seniority.  Once through the list, overtime offered to employee with least number of accrued hours.  Refusals of offered overtime count as "accrued overtime hours for the purpose of overtime distribution."  Overtime log book available for inspection at any time.  Regular overtime is generally voluntary; however, if there are no volunteers, overtime is assigned by reverse seniority.

h. Power Enterprise Line Shop: On July 1, the City will provide the Union the accrued overtime hours for each employee in the unit by classification for the prior fiscal year.  Pre-arranged overtime is offered to the employee within the proper classification with the fewest number of accrued overtime hours.  The Department will consider refusals of offered overtime as "accrued overtime hours” for the purpose of overtime distribution.

2. Vacation

a. Department Technology --Public Safety Wire  Section:  See attached Appendix B-1.

b. Vacation requests are granted on a first come, first serve basis at Hetch Hetchy Water and Power; Recreation and Parks Department; Department of Technology --Telecommunications Facilities Section.

c. Vacation in the following departments is granted pursuant to the following notice requirements:

d. Port of San Francisco --one (1) week notice on a first come, first serve basis.  (Requests submitted less than five (5) working days of requested date will be considered)

e. Department of Building Inspection--five (5) days advance notice for vacations longer than five (5) working days.  (Notice less than five (5) days will be considered)

f. San Francisco International Airport--Three (3) days’ notice required for all vacation requests.  Granted on first come, first serve basis.

g. Department of Public Works--One (1) week notice, granted on first come, first serve basis.  Requests submitted less than five (5) working days of a requested date will be considered.

h. Water Department--24 hours’ notice for requests for vacation time of one (1) day or less, otherwise five (5) days’ notice. Vacation granted on the basis of seniority.

3. Shift Bidding

a. Department of Technology --Public Safety Wire and Telecommunications Facilities Sections.  See attached Appendix B-1.

b. San Francisco International Airport--Airfield Maintenance.  Shifts open for bid every six (6) months.  Shift bids awarded based upon seniority within classification.

K. Miscellaneous Conditions of Employment

1. Sick Leave Use Rules:

a. In all departments except the Water Department, Recreation and Parks Department and Sheriff's Department, sick leave use is governed by the Civil Service Rules in effect as of June 30, 1997.

b. In the following departments, employees are required to "call in" prior to the start of the employee's shift in order for sick leave to be granted: Department of Technology, San Francisco International Airport, Water Department, Hetch Hetchy, Moccasin, Tech, Line, Electric and Warnerville Line Shop, Public Library, and War Memorial (within 1 hour of start of shift).

2. Lunch Room Facilities:

Lunchroom facilities are provided unit employees at the following jobsite locations:  San Francisco International Airport (all shops; microwave, stove, tables and chairs); Department of Public Works, Cesar Chavez Street, and Wastewater Enterprise (refrigerator, microwave, vending machines provided by outside vendors, tables and chairs); Water Department Millbrae Yard (refrigerator, microwave, tables and chairs); Public Library (in Main Library only); and War Memorial.

3. Use of City Vehicles/Commute Transportation:

1. Port of San Francisco Supervisors who have more than six (6) call backs for fiscal year may be authorized to take Port Vehicle home to be readily available for emergency response.

4. Port of San Francisco Supervisors who call employees to respond to after-hours emergencies receive a minimum of two (2) hours pay for making calls

L. Travel:  Millbrae to Sunol and back; Water Department:

Water Department employees assigned to Millbrae and who are temporarily assigned to Sunol (regardless of length of assignment) travel to and from Millbrae and Sunol in City-provided vehicles, on City time, reporting first to Millbrae.  Such employees do not report directly to Sunol from their homes.  (This provision does not address the possibility of future permanent assignments to Sunol.)

M.  No-cost Parking: 

Pursuant to the Award of Arbitrator Buddy Cohn dated October 1, 1999, the City hascommitted itself to a practice of using its best, good faith effort to furnish no-cost employee parking on City-controlled property or, when such space is unavailable, to obtain free parking elsewhere; but, when business needs, costs or other legitimate considerations outweigh the ability to secure suitable free parking, the City is not obligated to acquire it or reimburse its costs.

Airport Employee Commute Options Program

The San Francisco International Airport (SFIA) Employee Commute Options Program (Eco Program) will be available for the term of the Agreement to SFIA employees. Under the Eco Program, employees who relinquish their SFIA-provided free parking privileges will receive a monthly allowance in an amount set by SFIA. Participation is voluntary and approved on a first come first serve basis. The SFIA reserves the right to amend or discontinue the Eco Program in its sole discretion, at any time for any reason including but not limited to a lack of funding as determined by the SFIA.  If: (1) the SFIA discontinues the ECO Program; (2) the SFIA denies an employee participation in the ECO Program due to lack of funds; or (3) the employee voluntarily exits the ECO Program, the SFIA shall reinstate the employee’s parking privileges. The Eco Program, including but not limited to denial of participation, change in allowance amount, or amendment or termination of the Eco Program, is not subject to the grievance procedure with the sole exception of determining whether the SFIA has restored an employee’s free parking privileges if: (1) the SFIA discontinues the ECO Program; (2) the SFIA denies an employee participation in the ECO Program due to lack of funds; or (3) the employee voluntarily exits the ECO Program.

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Appendix B-1: Past Practices

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SCHEDULING OF LOCAL 6 MEMBERS WORKING AT THE DEPARTMENT OF TECHNOLOGY(DT):

7273 Communications Line Supervisor II
7275 Cable Splicing Supervisor
7257 Communications Line Supervisor I
7308 Cable Splicer
7338 Electrical Line Worker
7432 Electrical Line Helper
All employees are assigned a 40 hour work week consisting of five eight hour days Monday through Friday.

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OVERTIME

A. Detail Shift 

Weekends are covered by a detail shift, swing (3:00pm – 11:00pm) and graveyard (11:00pm – 7:00am), on an overtime basis. The overtime shifts are assigned every six months and are distributed equally among Class 7338 line workers and distributed equally among the 7273 Communications Line Supervisor IIs.  The line worker who is assigned the swing or graveyard shift on the weekend will work the same shift for the following week on Monday through Friday.  When the 7273works the swing or graveyard shift on the weekend a 7338 will be assigned the shift for the following week.  This assignment is equally distributed among the 7338’s.

The overtime portion of the detail assignment is voluntary – if an employee chooses not to work the overtime portion of the detail shift the employee must notify the Communications Line Supervisor II who will reassign the weekend shift.  The Monday through Friday portion of the detail shift will not be reassigned.

Trades are allowed for the detail shifts and must be approved by the Communications Line Supervisor II.  Overtime shifts may be traded but not given away.

In the event of a callout requiring an additional person, Central Fire Alarm Station will follow the Emergency Callout Procedures.

B. Unscheduled Overtime

If a job cannot be finished during the regular working hours and must be finished on overtime basis, the crew working on the job will remain on an overtime basis until completion.  This overtime is voluntary unless the job is declared an emergency by the Cable Splicing Supervisor or the Communications Line Supervisor II.  If an emergency is declared the employees must stay until the job is completed or no longer constitutes an emergency.

This provision applies to 7257 Communications Line Supervisor I, 7338 Electrical Line Worker, 7432 Electrical Line Helper, and 7308 Cable Splicer.

C. Prearranged Overtime and Emergency Callout Procedures:

1. 7308 Cable Splicer – prearranged overtime will be offered to the employee with the least overtime hours for that fiscal year.
2. 7338 & 7432 – employees must place their names on a callout list kept at CFAS by Wednesday if they are available to work overtime the following week starting on Saturday.  Overtime will be assigned to the employee who has placed his name on the list and has the least amount of overtime hours worked during the current fiscal year.  In the event that no employees are available from the callout list, all employees of the classification needed to perform the work will be called starting with the employee with the least amount of overtime hours worked during the current fiscal year.
3. All overtime hours worked by 7257 Communications Line Supervisor I, 7338 Electrical Line Worker, or 7432 Electrical Line Helper must be logged by the fire alarm dispatcher at the completion of each job.  If an employee is on the callout list and is not available when called, the hours that would have been worked by the employee will be logged by the dispatcher and counted for future call out lists.

D. Vacations

Requests for vacations from April 1 to December 31 will be granted according to seniority for requests received between January 1, and March 31.  Requests received on April 1 or after will be granted in the order received.

Program managers may limit the number of employees granted vacation at the same time.

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ELECTRICAL INSPECTION DIVISION

OVERTIME DISTRIBUTION

Overtime requests for off-hours inspection are routinely processed by the district electrical inspector assigned to the specific project.  The inspector obtains a completed Service Request Form from the property owner, or the owner’s agent, and refers it to the Appointing Officer (or designee) for review and assignment.  The Appointing Officer (or designee) coordinates overtime assignments, and give priority consideration to the inspector responsible for final acceptance of the specific installation and to the customer’s preference for continuity of the inspection process.

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APPENDIX C: CLASS FIVE ENTRANCE & COMPENSATION SCHEDULE

CLASSIFICATIONS ENTERING AT FIFTH STEP:    

6248 – Electrical Inspector
6249 – Sr. Electrical Inspector
6250 – Chief Electrical Inspector
6252 – Line Inspector
7229 - Transmission Line Supervisor I
7238 - Electrician Supervisor I
7244 – Power Plant Supervisor I
7255 - Power House Electrician Supervisor I
7256 - Electric Motor Repair Supervisor I
7257 - Communication Line Supervisor I
7273 - Communication Line Worker Supervisor II
7275 - Telecommunications Technician Supervisor 
7276 - Electrician Supervisor II
7279 - Powerhouse Electrician Supervisor II
7285 - Transmission Line Worker Supervisor II
7287 - Supervising Electronic Maintenance Technician
7308 – Cable Splicer 
7319 - Electric Motor Repairer
7329 - Electronics Maintenance Technician Assistant Supervisor 
7338 - Electrical Line Worker
7345 - Electrician
7390 - Welder
9240 - Airport Electrician
9241 - Airport Electrician Supervisor
9242 - Head Airport Electrician
9354 - Elevator and Crane Technician 
9358 - Crane Mechanic Supervisor
    
Class 7318, Electronic Maintenance Technician, 7482 Power Generation Technician II, 7484 Senior Power Generation Technician, and 7488 Power Generation Supervisor, must be appointed at the Third Step or above.

Attachment A - Electricians, Local 6 Hourly Step Rates for FY24-25 - Effective Date 7/1/24

Attachment A - Electricians, Local 6 Hourly Step Rates for FY24-25 - Effective Date 1/4/25

Attachment A - Electricians, Local 6 Hourly Step Rates for FY25-26 - Effective Date 7/1/25

Attachment A - Electricians, Local 6 Hourly Step Rates for FY25-26 - Effective Date 1/3/26

Attachment A - Electricians, Local 6 Hourly Step Rates for FY26-27 - Effective Date 7/1/26

Attachment A - Electricians, Local 6 Hourly Step Rates for FY26-27 - Effective Date 1/2/27

Attachment A - Electricians, Local 6 Hourly Step Rates for FY26-27 - Effective Date COB 6/30/27

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APPENDIX D: SUBSTANCE ABUSE PREVENTION POLICY

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1. MISSION STATEMENT

a. Employees are the most valuable resource in the City’s effective and efficient delivery of services to the public.  The parties have a commitment to prevent drug or alcohol impairment in the workplace and to foster and maintain a drug and alcohol free work environment.  The parties also have a mutual interest in preventing accidents and injuries on the job and, by doing so, protecting the health and safety of employees, co-workers, and the public.  

b. In agreeing to implement this Substance Abuse Prevention Policy (SAPP), the parties affirm their belief that substance abuse is a treatable condition.  The City is committed to identifying needed resources, both in and outside of the City, for employees who voluntarily seek assistance in getting well.  Those employees who voluntarily seek treatment prior to any testing shall not be subject to any repercussions or any potential adverse action for doing so.  However, seeking treatment will not excuse prior conduct for which an investigation or disciplinary proceedings have been initiated.

c. The City is committed to preventing drug or alcohol impairment in the workplace, and to fostering and maintaining a safe work environment free from alcohol and prohibited drugs at all of its work sites and facilities.  In addition, the City maintains a drug and alcohol free workplace policy in its Employee Handbook.

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2. POLICY

a. To ensure the safety of the City’s employees, co-workers and the public, no employee may sell, purchase, transfer, possess, furnish, manufacture, use or be under the influence of alcohol or Illegal Drugs at any City jobsite, while on City business, or in City facilities.  

b. Any employee, regardless of how the employee’s position is funded, who has been convicted of any drug/alcohol-related crime that occurred while on City business or in City facilities, must notify the employee’s department head or designee within five (5) days after such conviction.  Failure to report within the time limitation shall subject the employee to disciplinary action, up to and including termination.

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3. DEFINITIONS

a. “Accident” (or “post-Accident”) means an occurrence associated with the Covered Employee’s operation of Equipment or the operation of a vehicle (including, but not limited to, City-owned or personal vehicles) used during the course of the Covered Employee’s work day where the City concludes that the occurrence may have resulted from human error by the Covered Employee, or could have been avoided by reasonably alert action by the Covered Employee, and:

1. There is a fatality, loss of consciousness, medical treatment required beyond first aid, medical transport, or other significant injury or illness diagnosed, or treated by, a physician, paramedic or other licensed health care professional; or
2. With respect to an occurrence involving a vehicle, there is disabling damage to a vehicle as a result of the occurrence and the vehicle needs to be transported away from the scene by a tow truck or driven to a garage for repair before being returned to service; or
3. With respect to an occurrence involving Equipment, there is damage to the Equipment exceeding three thousand dollars ($3,000); or
4. With respect to an occurrence involving structures or property, there are damages exceeding ten thousand dollars ($10,000) to the structures or property.

b. “Adulterated Specimen” means a specimen that contains a substance that is not expected to be present in oral fluid, or contains a substance expected to be present but is at a concentration so high that it is not consistent with oral fluid.

c. “Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weights alcohol including methyl or isopropyl alcohol.  (The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath testing device.)

d. “Cancelled Test” means a drug or alcohol test that has a problem identified that cannot be or has not been corrected or which 49 C.F.R. Part 40 otherwise requires to be cancelled.  A cancelled test is neither a positive nor a negative test.

e. “City” or “employer” means the City and County of San Francisco.

f. “Collector” means an on-site employee trained to collect a drug or alcohol specimen, or the staff of the collection facility under contract with the City and County of San Francisco’s drug testing contractor.

g. “Covered Employee” means an employee in a represented covered classification as stated in Section 4.

h. “CSC” means the Civil Service Commission of the City and County of San Francisco.

i. “Day” means working day, unless otherwise expressly provided.

j. “DHR” means the Department of Human Resources of the City and County of San Francisco.

k. “Diluted Specimen” means a specimen with creatinine and specific gravity values that are lower than expected for oral fluid.

l.  "EAP” means the Employee Assistance Program offered through the City and County of San Francisco.    
    
m. “Equipment” includes any vehicle (including, but not limited to any City-owned vehicle or personal vehicle used during the course of the employee’s paid work time); firearms when a firearm is required, and approved by the Appointing Officer, to be carried and used by the Covered Employee; banding tools; band-it; power tools; bucket truck; or equipment that is used to change the elevation of the Covered Employee more than five (5) feet.  

n. “Illegal Drugs” refer to those drugs listed in Section 5.0.  Section 8.a. lists the drugs and alcohol and the threshold levels for which a Covered Employee will be tested.  Threshold levels of categories of drugs and alcohol constituting positive test results will be determined using the applicable Substance Abuse and Mental Health Services Administration (“SAMHSA”) (formerly the National Institute of Drug Abuse, or “NIDA”) threshold levels, or U.S. government required threshold levels where required, in effect at the time of testing, if applicable. Section 8.a. will be updated periodically to reflect the SAMHSA or U.S. government threshold changes, subject to mutual agreement of the parties.

o. “Invalid Drug Test” means the result of a drug test for an oral fluid specimen that contains an unidentified adulterant, or an unidentified substance, that has abnormal physical characteristics, or that has an endogenous substance at an abnormal concentration  preventing the laboratory from completing or obtaining a valid drug test result.

p. “MRO” means Medical Review Officer who is a licensed physician certified by the Medical Review Officers Certification Council or U.S. Department of Transportation responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.

q. “Non-Negative Test” or “positive test” means a test result found to be Adulterated, Substituted, Invalid, or positive for alcohol or drug metabolites.

r. “Oral Fluid” means saliva or any other bodily fluid generated by the oral mucosa of an individual.

s. “Parties” means the City and County of San Francisco and the International Brotherhood of Electrical Workers Local 6.

t. “Policy” means “Substance Abuse Prevention Policy” or “Agreement” between the City and County of San Francisco and the Union attached to the parties’ Memorandum of Understanding (“MOU”).

u. “Prescription Drug” means a drug or medication currently prescribed by a duly licensed healthcare provider for immediate use by the person possessing it that is lawfully available for retail purchase only with a prescription.

v. “Refusal to Submit,” “Refusing to Submit,” “Refuse to Test,” or “Refusal to Test” means a refusal to take a drug and/or alcohol test and includes, but is not limited to, the following conduct:

1. Failure to appear for any test within a reasonable time.
2. Failure to remain at the testing site until the test has been completed.
3. Failure or refusal to take a test that the Collector has directed the employee to take.
4. Providing false information.
5. Failure to cooperate with any part of the testing process, including obstructive or abusive behavior or refusal to drink water when directed.
6. Failure to provide adequate oral fluid or breath samples, and subsequent failure to undergo a medical examination as required for inadequate breath or oral fluid samples, or failure to provide adequate breath or oral fluid samples and subsequent failure to obtain a valid medical explanation.
7. Adulterating, substituting or otherwise contaminating or tampering with an oral fluid specimen.
8. Leaving the scene of an Accident without just cause prior to submitting to a test.
9. Admitting to the Collector that an employee has Adulterated or Substituted an oral fluid specimen.
10. Possessing or wearing a prosthetic or other device that could be used to interfere with the collection process.
11. Leaving work, after being directed to remain on the scene by the first employer representative, while waiting for verification by the second employer representative under section 6.I.b.

w. “Safety-Sensitive Function” means a job function or duty where a Covered Employee either:

1. is operating a vehicle during paid work time on more than fifty-percent (50%) of the Covered Employee’s work days on average over the prior three (3) months.  Vacation, sick leave, administrative leave time and all other leave shall be excluded when determining whether a Covered Employee operates a vehicle on more than fifty-percent (50%) of the employee’s work days; or, 
2. is actually operating, ready to operate, or immediately available to operate Equipment other than a vehicle during the course of the Covered Employee’s paid work time.

x. “Substance Abuse Prevention Coordinator” (SAPC) means a licensed physician, psychologist, social worker, certified employee assistance professional, or nationally certified addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol-related disorders.  The SAPC will be chosen by the City.

y. “Split Specimen” means a part of the oral fluid specimen in drug testing that is retained unopened for a confirmation test (if required) or in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified Adulterated or Substituted Specimen test result.

z. “Substituted Specimen” means a specimen with laboratory values that are so diminished that they are not consistent with oral fluid and which shall be deemed a violation of this policy, and shall be processed as if the test results were positive.

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4. COVERED CLASSIFICATIONS

All employees shall be subject to post-Accident testing under this Agreement.  All employees who perform Safety-Sensitive Functions, as defined in this Policy, shall be subject to reasonable suspicion testing. This policy shall not apply to employees who are required to be tested under the regulations of the United States Department of Transportation.

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5. SUBSTANCES TO BE TESTED

a. The City shall test, at its own expense, for alcohol and/or the following drugs:

1. Amphetamines
2. Barbiturates
3. Benzodiazepines
4. Cocaine
5. Methadone
6. Opiates
7. PCP
8. THC (Cannabis)

b. Prescribed Drugs or Medications.  

The City recognizes that Covered Employees may at times have to ingest prescribed drugs or medications.  If a Covered Employee takes any drug or medication that a treating physician, pharmacist, or health care professional has informed the employee (orally or on the medication bottle) will interfere with job performance, including driving restrictions or restrictions on the use of Equipment, the employee is required to immediately notify the designated Department representative of those restrictions before performing the employee’s job functions.

1) Upon receipt of a signed release from the Covered Employee’s licensed healthcare provider, the department representative may consult with Covered Employee’s healthcare provider to confirm specific job duties that the employee can perform while on prescribed medication.  If the employee’s healthcare provider is not readily available, or none is given, the department representative may consult with any City-licensed healthcare provider before making a final determination whether the employee may perform the employee’s job functions.  However, if an employee, at the time of notification, brings in a medical note from the healthcare provider who prescribed the medication clearing the employee to work, then the City shall not restrict that employee from performing the employee’s job functions.

2)  f a Covered Employee is temporarily unable to perform the employee’s job because of any potential side effects caused by prescribed medication, the employee shall be reassigned to perform a temporary modified duty assignment consistent with the employee’s medical restrictions without loss of pay until either the employee is off the prescribed medication or is cleared by a licensed healthcare provider.  This temporary modified duty reassignment shall last for a period of no more than thirty (30) working days.  If, after thirty (30) working days, the employee is still on said medication and/or has not been cleared by a licensed healthcare provider to return to work without restrictions, the City may extend the temporary modified duty assignment for a period not to exceed thirty (30) working days, provided that the healthcare provider certifies that the employee is reasonably anticipated to be able to be able to return to work without restrictions after that thirty (30) day period.  Employees who are unable to return to work under this provision shall be referred to the Department’s human resources representative designated to engage with employees regarding possible reasonable accommodation under state and federal disability laws.

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6. TESTING

I. Reasonable Suspicion Testing

a. Reasonable suspicion to test a Covered Employee will exist when contemporaneous, articulable and specific observations concerning the symptoms or manifestations of impairment can be made.  These observations shall be documented on the Reasonable Suspicion Report Form attached to this Appendix as Exhibit B.  At least three (3) indicia of drug or alcohol impairment must exist, in two (2) separate categories, as listed on the Reasonable Suspicion Report Form.  In the alternative, the employer representatives must confirm direct evidence of drug or alcohol impairment as listed on the Reasonable Suspicion Report Form.  

b. Any individual or employee may report another employee who may appear to that individual or employee to be under the influence of alcohol or drugs.  Upon receiving a report of possible alcohol or drug use or impairment in the workplace, two (2) trained supervisory employer representatives will independently verify the basis for the suspicion and request testing in person. The first employer representative shall verify and document the employee’s appearance and behavior and, if appropriate, recommend testing to the second employer representative.  The second employer representative shall verify the contemporaneous basis for the suspicion.  If reasonable suspicion to test a Covered Employee arises between 11:00 p.m. and 7:00 a.m., or at a location outside the geographic boundaries of the City and County of San Francisco (excluding San Francisco International Airport), and where a second trained supervisory employer representative cannot reasonably get to the location within thirty (30) minutes, then the second employer representative shall not be required to verify the basis for the suspicion in person, but instead shall verify by telephone or email.  After completing the verification, and consulting with the first employer representative, the second employer representative has final authority to require that the Covered Employee be tested.  

c. If the City requires an employee under reasonable suspicion to be tested, then the employee may ask for representation.  Representation may include, but is not limited to, union representatives and shop stewards.  If the employee requests representation, the City shall allow a reasonable amount of time from the time the employee is notified that the employee will be tested (up to a maximum of one hour) for the employee to obtain representation.  Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested.

d. Department representative(s) shall document the incident.  If a Covered Employee Refuses to Submit to testing, then the City shall treat the refusal as a positive test, and shall take appropriate disciplinary action pursuant to the attached discipline matrix.

II. Post-Accident Testing

a. The City may require a Covered Employee who caused, or may have caused, an Accident, based on information known at the time of the Accident, to submit to drug and/or alcohol testing.

b. Following an Accident, all Covered Employees subject to testing shall remain readily available for testing.  A Covered Employee may be deemed to have refused to submit to substance abuse testing if he or she fails to remain readily available, including failing to notify a supervisor (or designee) of the Accident location, or leaving the scene of the Accident prior to submitting to testing.  

c. Nothing in this section shall delay medical attention for the injured following an Accident or prohibit an employee from leaving the scene of an Accident for the period necessary to obtain assistance in responding to the Accident or to obtain necessary emergency medical care.

d. If the City requires a Covered Employee to be tested post-Accident, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards.  If the employee requests representation, the City shall allow a reasonable amount of time from the time the employee is notified that the employee will be tested (a maximum of one hour) for the employee to obtain representation provided that the union representative meet the employee at the Accident site, work location or testing center as determined by the City.  Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested.

e. As soon as reasonably possible after the occurrence of an Accident, the supervisor or other City representative at the Accident scene shall make best efforts to contact the Department of Human Resources (DHR) or designee, and DHR or designee shall then make best efforts to telephone the union(s) first designated representative on file with DHR representing the Covered Employee(s) involved in the Accident.  If the first designated representative does not answer, DHR or designee shall leave a voice mail message notifying the union of the Accident and telephone the union(s) second designated representative on file with DHR.  For purposes of this paragraph, a designated representative shall be any union officer or employee whose telephone number is on file with DHR for the purpose of Accident review.  The union may change the designated representative, in writing, as necessary from time to time, but it is the sole responsibility of the union to ensure that a current telephone number (with voice mail capability) for two designated representatives are on file with DHR.

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7. TESTING PROCEDURES

I. Collection Site

a. If there is a trained Collector available on site, the City may conduct “on-site” tests (alcohol breathalyzer testing and oral fluid testing).  If any of those tests are “Non-Negative,” a confirmation test will be performed.  The on-site tests may enable the Covered Employee and the City to know immediately whether that employee has been cleared for work.

b. If a trained Collector is not available on-site, the staff of a collection facility under contract to the City, or the City's drug testing contractor shall collect oral fluid samples from Covered Employees to test for prohibited drugs.  

(1.) A Covered Employee appearing at the approved drug collection site must have a minimum of one piece of government-issued photo identification and may not leave the collection site for any reason – unless authorized by the collection agency – until the employee has fully completed all collection procedures.  Failure to follow all collection procedures will result in the employee classified as a “Refusal to Submit.”  

c. Covered Employees who Refuse to Test may be subject to disciplinary action, up to and including termination, pursuant to Exhibit A.

d. Alcohol and drug testing procedures.  

(1.) Alcohol Testing Procedure.  Tests for alcohol concentration on Covered Employees will be conducted with a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT).  Alcohol tests shall be by breathalyzer using the handheld Alco-Sensor IV Portable Breath Alcohol Analyzer device, or any other U.S. Department of Transportation (DOT) approved breath analyzer device.  

(2.) Drug Testing Procedure.  Tests for drugs shall be by oral fluid collection.  The oral fluid specimens shall be collected under direct visual supervision of a Collector and in accordance with the testing device manufacturer’s recommended procedures for collection.  Screening results may be provided by the Collector or by a laboratory.  Confirmation tests shall be conducted at a laboratory.

(3.) The Covered Employee being tested must cooperate fully with the testing procedures.

(4.) A chain of possession form must be completed by the Collector, hospital, laboratory and/or clinic personnel during the specimen collection and attached to and mailed with the specimens.

e. After being tested for drugs, the Covered Employee may be barred from returning to work until the department is advised of the final testing result by the MRO.  During that period, the Covered Employee will be assigned to work that is not safety-sensitive or placed on paid administrative leave for so long as the Covered Employee is eligible for such leave under the terms of the applicable provision of the City’s Administrative Code.  The test shall be deemed a negative test if the MRO has not advised of the final testing result by the time the Covered Employee’s paid leave has expired under the terms of the applicable provision of the City’s Administrative Code.

II. Laboratory

a. Drug tests shall be conducted by laboratories licensed and approved by SAMSHA which comply with the American Occupational Medical Association (AOMA) ethical standards.  Upon advance notice, the parties retain the right to inspect the laboratory to determine conformity with the standards described in this policy.  The laboratory will only test for drugs identified in this policy. The City shall bear the cost of all required testing unless otherwise specified herein.

b. Tests for all controlled substances, except alcohol, shall be by oral fluid testing and shall consist of two procedures, a screen test and, if that is positive, a confirmation test.    

c. To be considered positive for reporting by the laboratory to the City, both samples must be tested separately in separate batches and must also show positive results on the confirmatory test.

d. In the event of a positive test, the testing laboratory will perform an automatic confirmation test on the original specimen at no cost to the Covered Employee.  In addition, the testing laboratory shall preserve a sufficient specimen to permit an independent re-testing at the Covered Employee’s request and expense.  The same, or any other, approved laboratory may conduct re-tests.  The laboratory shall endeavor to notify the designated MRO of positive drug, alcohol, or adulterant tests results within five (5) working days after receipt of the specimen.

III. Medical Review Officer (MRO)

a. All positive drug, or Substituted, Adulterated, positive-Diluted Specimen, or Invalid Drug Test, as defined herein, will be reported to a Medical Review Officer (MRO).  The MRO shall review the test results, and any disclosure made by the Covered Employee, and shall attempt to interview the individual to determine if there is any physiological or medical reason why the result should not be deemed positive.  If no extenuating reasons exist, the MRO shall designate the test positive.

b. When the laboratory reports a confirmed positive, Adulterated, Substituted, positive-Diluted, or Invalid test, it is the responsibility of the MRO to: (a) make good faith efforts to contact the employee and inform the employee of the positive, Adulterated, Substituted, positive-Diluted, or Invalid test result; (b) afford the employee an opportunity to discuss the test results with the MRO; (c) review the employee's medical history, including any medical records and biomedical information provided by the Covered Employee, or the employee’s treating physician, to the MRO; and (d) determine whether there is a legitimate medical explanation for the result, including legally prescribed medication.  Employees shall identify all prescribed medication(s) that they have taken.  If the Covered Employee fails to respond to the MRO within three (3) days, the MRO may deem the Covered Employee’s result as a positive result.

c. The MRO has the authority to verify a positive or Refusal To Test without interviewing the employee in cases where the employee refuses to cooperate, including but not limited to: (a) the employee refused to discuss the test result; or (b) the City directed the employee to contact the MRO, and the employee did not make contact with the MRO within seventy-two (72) hours.  In all cases, previously planned leaves may extend this time.  The MRO’s review of the test results will normally take no more than three (3) to five (5) days from the time the Covered Employee is tested.    

d. If the testing procedures confirm a positive result, as described above, the Covered Employee and the Substance Abuse Prevention Coordinator (SAPC) for the City and departmental HR staff or designee will be notified of the results in writing by the MRO, including the specific quantities.  The results of a positive drug test shall not be released until the results are confirmed by the MRO.  The Covered Employee may contact the SAPC, or the MRO, to request a drug or adulterant retest within seventy-two (72) hours from notice of a positive test result by the MRO.  The requesting party will pay costs of re-tests in advance.

e. A drug test result that is positive and is a Diluted Specimen will be treated as positive.  All drug test results that are determined to be negative and are Diluted Specimens will require that the employee take an immediate retest.  If the retest yields a second negative Diluted Specimens result, the test will be treated as a normal negative test, except in the case of subsection (f).

f. If the final test is confirmed negative, then the Employee shall be made whole, including the cost of the actual laboratory re-testing, if any.  Any employee who is subsequently determined to be subject of a false positive shall be made whole for any lost wages and benefits, and shall have their record expunged.

g. The City shall assure that all specimens confirmed positive will be retained and placed in properly secured long-term frozen storage for a minimum of one (1) year, and be made available for retest as part of any administrative proceedings.

h. All information from a covered employee’s drug and/or alcohol test is confidential for purposes other than determining whether this policy has been violated or pursuing disciplinary action based upon a violation of this policy.  Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the Covered Employee or as required by law.

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8. RESULTS

a. Substance Abuse Prevention and Detection Threshold Levels. 

For post-Accident or reasonable suspicion testing where the Covered Employee was operating a commercial motor vehicle, any test revealing a blood/alcohol level equal to or greater than 0.04 percent, or the established California State standard for commercial motor vehicle operations, shall be deemed positive.  For all other post-Accident or reasonable suspicion testing, any test revealing a blood/alcohol level equal to, or greater than, 0.08 percent, or the established California State standard for non-commercial motor vehicle operations, shall be deemed positive.  Any test revealing controlled substance confirmation level as shown in the chart below shall be deemed a positive test.

b. The City reserves the right to discipline in accordance with the chart set forth in Exhibit A for abuse of prescribed and over-the-counter drugs or medications, pursuant to the testing procedures described above, as determined by the MRO.

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9. CONSEQUENCES OF POSITIVE TEST RESULTS

For post-Accident or reasonable suspicion, a Covered Employee shall be immediately removed from performing the employee’s job or, in the alternative, may be temporarily reassigned to work that is not safety-sensitive if such work is available.  The Covered Employee shall be subject to disciplinary action, and shall meet with the SAPC, as set forth in Exhibit A, and section 10 below, if the Covered Employee:

1. Is confirmed to have tested positive for alcohol or drugs; 
2. Refuses to Submit to testing; or 
3. Has submitted a specimen that the testing laboratory report is an Adulterated or Substituted Specimen.

a. If the Union disagrees with the proposed disciplinary action, it may use the grievance procedure as set forth in the parties’ MOU, provided, however, that such a grievance  must be initiated at the Employee Relations Director step, unless the parties otherwise mutually agree.

b. All proposed disciplinary actions imposed because of a positive drug/alcohol test(s) shall be administered pursuant to the disciplinary matrix set forth in Exhibit A.  Subject to good cause, the City may impose discipline for conduct in addition to the discipline for a positive drug/alcohol test.  The positive test may be a factor in determining good cause for such additional discipline.

c. In the event the City proposes disciplinary action, the notice of the proposed discipline shall contain copies of all laboratory reports and any other supporting documentation upon which the City is relying to support the proposed discipline.

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10. RETURN TO DUTY

The SAPC will meet with a Covered Employee who has tested positive for alcohol and/or drugs.  The SAPC will discuss what course of action may be appropriate, if any, and assistance from which the employee may benefit, if any, and will communicate a proposed return-to-work plan, if necessary, to the employee and department.  The SAPC may recommend that the Covered Employee voluntarily enter into an appropriate rehabilitation program administered by the Covered Employee’s health insurance carrier prior to returning to work.  The Covered Employee may not return to work until the SAPC certifies that the employee has a negative test prior to returning to work.  In the event that the SAPC does not schedule a return-to-work test before the Covered Employee’s return-to-work date, the SAPC shall arrange for the Covered Employee to take a return-to-work test within three (3) working days of the Covered Employee notifying the SAPC in writing of a request to take a return-to-work test.  If a Covered Employee fails a return-to-work test, the employee shall be placed on unpaid leave until testing negative but shall not be subject to any additional discipline due to a non-negative return-to-work test.  The SAPC will provide a written release to the appropriate department or division certifying the employee’s right to return to work.

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11. TRAINING

The City or its designated vendor shall provide training on this policy to first-line, working supervisors and up to the Deputy Director level as needed.  In addition, all Covered Employees shall be provided with a summary description of the SAPP notifying them of their right to union representation in the event that they are required to be tested.  

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12. ADOPTION PERIOD

This Policy shall go into effect on June 30, 2014.

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13. JOINT CITY/UNION COMMITTEE

The parties agree to work cooperatively to ensure the success of this policy.  As such, a Joint City/Union Committee shall be established with two (2) members from the City and two (2) members from each Union, except that no Union shall be required to participate.  The Committee shall meet on an annual basis and, in addition, on an as-needed basis to address any implementation issues and review available data concerning the implementation of this policy.  

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14. SAVINGS CLAUSE

Notwithstanding any existing substance abuse prevention programs, if any provision of an existing department policy, rule, regulation, or resolution is inconsistent with or in conflict with any provision of this policy, this policy shall take precedence. Should any part of this policy be determined contrary to law, such invalidation of that part of this policy will not invalidate the remaining parts.  If operational barriers arise that make implementation of any part of this policy impossible or impracticable, such operational barriers will not invalidate the remaining parts of this policy.  In the event of a determination that a part of the policy is contrary to law or if operational barriers arise, the parties agree, with the intent of the parties hereto, to immediately meet and negotiate new provision(s) in conformity with the requirements of the applicable law, or which will remove the operational barrier.  Should the parties fail to agree on a resolution, the matter will be submitted to binding arbitration using the factors set forth in Charter section A8.409-4(d), and, as appropriate, Charter section 8A.104(n).  Otherwise, this policy may only be modified by mutual consent of the parties.  Such amendment(s) shall be reduced to writing. 

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EXHIBIT A

CONSEQUENCES OF A POSITIVE TEST/OCCURRENCE

^1.  Employee may use accrued but unused leave balances to attend a rehabilitation program.

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EXHIBIT B

REASONABLE SUSPICION REPORT FORM

This checklist is intended to assist a supervisor in referring a person for reasonable suspicion/cause drug and alcohol testing. The supervisor must identify at least three (3) contemporaneous indicia of impairment in two separate categories (e.g., Speech and Balance) in Section II, and fill out the Section III narrative. In the alternative, the supervisor must identify one of the direct evidence categories in Section I, and fill out the Section III narrative.

~Please print information~

Employee Name:        

Department:         

Division and Work Location:

Date and Time of Occurrence:

Incident Location:        

Section I – Direct Evidence of Drug or Alcohol Impairment at Work

Smells of Alcohol

Smells of Marijuana

Observed Consuming/Ingesting Alcohol or Drugs at work.
 

Section II

Contemporaneous Event Indicating Possible Drug or Alcohol Impairment at Work: (Check all that apply)

1. SPEECH:

• Incoherent/Confused
• Slurred

2. BALANCE:

• Arms raised for balance
• Falling
• Reaching for support
• Swaying
• Staggering
• Stumbling

3. AWARENESS:

• Cannot Control Machinery/Equipment
• Confused
• Lack of Coordination                 
• Paranoid
• Sleepy/Stupor/ Excessive Yawning or Fatigue
• An observable contemporaneous change in the Covered Employee’s behavior that strongly suggests drug or alcohol impairment at work. [Such observable change(s) must be described in Section III below.]

4. APPEARANCE:

• Constricted (small) Pupils
• Dilated (large) Pupils
• Frequent Sniffing
• Red Eyes 

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Section III – NARRATIVE DESCRIPTION

(MUST be completed in conjunction with Section I and/or Section II)

~Please print information~

Describe contemporaneous and specific observations regarding the Covered Employee’s symptoms or manifestations of impairment which may include: (a) any observable contemporaneous change in behavior suggesting drug or alcohol impairment; (b) any comments made by the employee; (c) specific signs of drug or alcohol use; (d) recent changes in behavior that have led up to your contemporaneous observations; and (e) the name and title of witnesses who have reported observations of drug or alcohol use.  [Attach documentation, if any, supporting your reasonable suspicion determination]

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Section IV

In addition to completing the narrative in Section III above:

• For Section I, you will need to identify at least one (1) contemporaneous observations (direct evident/sign(s) that occurs that causes you to test today) regarding the manifestations of impairment to initiate a test; or 
• For Section II, you will need to identify at least three (3) contemporaneous observations, (signs that occur that causes you to test today), in two (2) separate categories, regarding the manifestations of impairment to initiate a test. Make note of date and time of the incident.  Obtain concurrence of second supervisor and record their signature as noted.  

Conduct a brief meeting with the employee to explain why the employee must undergo reasonable suspicion drug and alcohol tests. Escort the employee to the collection site. DO NOT LET THEM DRIVE.

Print name of first on-site Supervisor Employee Representative         

Signature         DATE:

Print name of second Supervisor Employer Representative

Signature         DATE:

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APPENDIX E: UNION ACCESS TO NEW EMPLOYEES PROGRAM

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I. Purpose

The purpose of this agreement is to memorialize the rights and obligations of the City and the Union in accordance with CA Government Code Sections 3555-3559, through the creation of a single, City-wide Union Access to New Employees Program applicable to all City Agencies and all City Employee Unions.

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II. Notice and Access

A. The City shall provide the Union written notice of, and access to, new employee orientations (hereinafter NEOs) as set forth below. It is the City’s policy that NEOs are mandatory for all newly-hired employees. It is the City’s intent that NEOs take place as promptly as possible after the first day of employment. Within thirty (30) calendar days of the start of employment, newly-hired employees will be scheduled to attend the next available NEO. NEOs shall be scheduled during an employee’s regularly scheduled, paid time.  In the event that a newly-hired employee’s regular schedule is outside of a scheduled NEO, the Department may make a one-time adjustment to the employee’s work schedule in order to accommodate this requirement.

In the event an employee does not attend the NEO that the employee was scheduled to attend, said employee will be automatically enrolled to attend the next available NEO.  If the employee does not attend the subsequently scheduled NEO, the Union NEO Coordinator may contact the Departmental NEO coordinator to arrange a meeting with the employee pursuant to Section F., below.  

B. Application: New employees include, but are not limited to, newly-hired employees whose positions are permanent, temporary, full-time, part-time, per diem, seasonal, provisional, or as-needed.

C. Notice

1. Single Point of Contact: The Union agrees to provide the City with a single point of contact (hereinafter, Union NEO Coordinator) and the City agrees to provide the Union with a single point of contact for each Department (hereinafter, Departmental NEO Coordinator), which will be updated by the City and the Union on an as-needed basis.
2. Notice of Schedule: For any NEO that takes place on a regular, recurring schedule, the sponsoring Department shall be responsible for providing annual notice to the Union. For NEOs that are not offered on a regular, recurring schedule, the sponsoring Department shall provide no less than ten (10) business days’ notice. Said notices shall be provided by email, to the Union NEO Coordinator. This requirement shall apply to all NEOs in which City personnel provide newly-hired employees with information regarding employment status, rights, benefits, duties, responsibilities, or any other employment-related matters.
3. Notice of Enrollment: Notice shall include a list of new employees represented by the Union scheduled to attend the NEO.  If practical, the City agrees to provide additional identifying information including, but not limited to, classification and department. Six months from enactment, in the event the City is unable to provide classification and department information in the Notice of Enrollment, the Union can reopen this Agreement for the sole purpose of meeting and conferring over the identifying information provided in this Section II.C.3 Notice of Enrollment.  Said meeting and conferring shall not be subject to the impasse procedures in Government Code Section 3557. The Department sponsoring the NEO shall provide the foregoing information no less than five (5) business days prior to the NEO taking place.  The Department will make best efforts to notify the Union NEO Coordinator of any last-minute changes.  Onboarding of individual employees for administrative purposes is excluded from this notice requirement.

D. Citywide and Departmental NEOs: New employees in those Departments identified in Attachment A shall attend a citywide NEO, sponsored by the Department of Human Resources. This citywide NEO shall take place at minimum on a monthly basis. Departments identified in Attachment B will conduct respective Departmental NEOs.  At the City’s discretion, Departments may be added to or removed from either Attachment A or Attachment B. For the citywide NEO, DHR will adhere to the Department notice requirements in Section C., above. The City will provide the Union with thirty (30) calendar days’ notice prior to moving a Department from Attachment A to B, or vice versa. Every City Department shall be listed on either Attachment A or Attachment B.

E. Access and Presentation: At all NEOs, the Union shall be afforded thirty (30) minutes to meet with represented new employees who are present, unless the Union’s Memorandum of Understanding (MOU) provides for more than thirty (30) minutes. The right of the Union to meet with newly-hired employees is limited to only those employees whose classifications fall within the Union’s bargaining unit. The City shall ensure privacy for the Union’s orientation, and it shall take place without City representatives present. This requirement can be met by providing either a private room or a portion of a room with sufficient distance from other activities in the room to limit disruption. The Department responsible for scheduling the NEO shall be responsible for including Union presentations on the agenda. The Union’s presentation shall occur prior to any meal break, and will not be conducted during a scheduled break time. One (1) of the Union’s representatives may be a Union member designated by the Union. Such member(s) shall be released to attend under the terms and conditions specified in the MOU. If not otherwise provided for in the MOU, the Union may request release of a Union-designated member to attend the NEO.  Release time shall not be unreasonably withheld. Said request shall be made to the Employee Relations Division no less than three (3) business days in advance of the scheduled NEO.  The Union agrees to limit its presentation to only those matters stated in Section H., below.

F. Alternate Procedures:  In the event the Union identifies one or more new employees who did not attend the Union’s presentation as described in Section E., above, the Union may contact the Departmental NEO coordinator to schedule a mutually-agreeable fifteen (15) minute time slot for the Union to meet privately with the new employee(s). If the number of such identified employees is five (5) or more at a particular location, the Union NEO Coordinator and Departmental NEO Coordinator will work together to schedule a mutually agreeable thirty (30) minute time slot for the private meeting. One (1) of the Union’s representatives may be a Union member designated by the Union, and such member shall be released to attend under the terms and conditions specified in the MOU. If not otherwise provided for in the MOU, the Union may request release of a Union-designated member as provided for in Section E., above. This alternate procedure shall also apply to any employee who has promoted or transferred into the bargaining unit.

1. The Union NEO Coordinator shall coordinate with the new employee(s) referenced in the preceding paragraph and the Departmental NEO Coordinator to schedule a fifteen (15) minute meeting during normally scheduled hours, which shall not be during employee’s break or meal period, for the Union representative(s) to meet privately with, and provide materials and information to, the new employee(s). City representatives shall not be present during said meeting. The Union agrees to limit its presentation to only those matters stated in Section H., below.
2. In the event the proposed time cannot be accommodated, the Union NEO Coordinator and the Departmental NEO Coordinator shall work together to find a mutually agreeable time within ten (10) business days of the Union’s request.
3. Department of Elections: Any new employee of the Department of Elections who is classified as Temporary Exempt (Category 16), whose duration of appointment is one (1) pay period or less, and works on an as-needed work schedule will receive written materials provided by the Union in lieu of attending a Citywide or Departmental NEO, a private meeting with the Union as provided for in Section F., above, or a Periodic Union Orientation as provided for in Section G., below.

G. Process for Periodic Union Orientations: By mutual agreement, the Union NEO Coordinator and the Departmental NEO Coordinator may schedule periodic thirty (30) minute Union orientations. Periodic Union orientations may be scheduled on an every-other-month, quarterly, or other basis.

The following Departments shall maintain existing Union orientation arrangements: Department of Emergency Management; Sheriff’s Department; and Police Department.

The 311 Customer Service Call Center shall maintain existing practice with respect to Union access to 311 Customer Service Agent Training.

H. Union Orientation Presentations: The Union agrees to limit its presentation to a general introduction to its organization, history, by-laws, and benefits of membership. The Union agrees not to engage in campaigning on behalf of an individual running for public elected office and ballot measures during the NEO, or other topics that would be considered beyond general discussion on the benefits of Union membership.

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III. Data Provisions

Subject to the limitations contained in CA Government Code Section 3558, the City shall provide the Union with all required information on newly-hired employees to the extent it is made available to the City. In addition, within ten (10) business days of the conclusion of each NEO, the City agrees to provide the Union with a stand-alone report containing a list of employees, including classification code and division, who were scheduled to, but did not attend each NEO.

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IV. Hold Harmless

The Union agrees to hold the City harmless for any disputes that arise between the Union and any new employee over application of this Agreement.

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ATTACHMENT A

• Adult Probation 
• Arts Commission 
• Asian Art Museum 
• Airport Commission 
• Board of Appeals 
• Board of Supervisors 
• Office of Economic & Workforce Development 
• California Academy of Sciences 
• Child Support Services 
• Children, Youth and Their Families 
• City Attorney’s Office 
• City Planning Department 
• Civil Service Commission 
• Commission on the Status of Women 
• Department of Building Inspection 
• Department of Environment 
• Department of Elections 
• Department of Homelessness 
• Department of Human Resources 
• Department of Police Accountability 
• Department of Technology 
• District Attorney’s Office 
• Ethics Commission 
• Fine Arts Museum 
• Fire Department (Non-Sworn) 
• General Services Agency 
• Health Service System 
• Human Rights Commission 
• Juvenile Probation Department 
• Library 
• Mayor’s Office 
• Office of the Assessor-Recorder 
• Office of the Controller 
• Office of the Treasurer/Tax Collector 
• Port of San Francisco 
• Public Defender’s 
• Office Rent Arbitration Board 
• SF Children and Families Commission 
• SF Employees’ Retirement System 
• War Memorial & Performing Arts

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ATTACHMENT B

• Airport 
• Department of Emergency Management 
• Department of Public Health 
• Human Services Agency
• Municipal Transportation Agency 
• Police Department (Non-Sworn) 
• Public Utilities Commission 
• Recreation & Parks Department 
• San Francisco Public Works 

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SIDE LETTER AGREEMENT

RE: UTILITY ELECTRICIAN SERIES

Subject to the City’s Civil Service Rules and the approval of the Civil Service Commission, the Department of Human Resources and the Union will start meeting on or after July 1, 2022 to discuss the possible creation of a Utility Electrician classification series.

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SIDE LETTER AGREEMENT

RE: PILOT PROJECT – TEMPORARY EXEMPT POSITIONS HIRES

Subject to all applicable requirements of the Civil Service Rules, the Administrative Code, and the Charter, the City agrees to interview up to three (3) referrals from the IBEW Local 6 when hiring class 7345 Electricians for Temporary Exempt Positions. Referrals must meet the following criteria:

a. The parties acknowledge and agree that all referrals shall be subject to the 
skilled and trained workforce requirement in accordance with California Public Contract Code § 2600.

b. The parties acknowledge and agree that all referrals must meet the Minimum Qualifications of the class 7345 Electrician as defined by the City. 

Additional covered classifications may be added as needed and by mutual agreement of the parties.

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