International Federation of Professional and Technical Engineers, Local 21 (July 1, 2024 to June 30, 2027)

This Memorandum of Understanding (hereinafter "Agreement") is entered into by the City and County of San Francisco (hereinafter "City") and the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO-CLC (hereinafter "Union").  It is agreed that the delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City, the Union, and represented employees.  Such achievement is recognized to be a mutual obligation of the parties to this Agreement within their respective roles and responsibilities.

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ARTICLE I: REPRESENTATION

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I.A. RECOGNITION

1. The City recognizes the Union as the exclusive bargaining representative for all employees of the City in those units listed in Appendix "A" of this Agreement.   The terms and conditions of this Agreement shall also be automatically applicable to any classification for which the Union has become appropriately recognized during the term of this Agreement.

1. Successor Representation

2. The City agrees to recognize the Union as the collective bargaining representative of any classification that constitutes a successor classification to a classification that the Union currently represents. Subject to applicable appellate review procedures, the Department of Human Resources shall make the final determination when there is a question as to whether or not a new classification is a successor class.

2. Unit Assignment Resolution

3. For any classifications assigned to bargaining units represented by Local 21 as a result of the settlement of the unit assignment dispute between the City, Local 21 and MEA, the City agrees to meet and confer with Local 21 over subjects within the scope of bargaining and covered by Charter Section A8.409.  Any issues that are not resolved through the meet and confer process shall be resolved through arbitration.  Any economic benefits shall be implemented at the start of the succeeding fiscal year.

4. The City makes no commitment or promise of wage or benefit improvement with regard to such negotiations.

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I.B. NO WORK STOPPAGES

5. It is mutually agreed and understood that during the period this Agreement is in force and effect the Union will not authorize or engage in any strike, slowdown or work stoppage.  It shall not be a violation of this Agreement for an employee to honor a primary picket line sanctioned by the Central Labor Council or the Building and Construction Trades Council; provided however, that an employee shall first notify an appropriate supervisor of the employee's intended actions.  Provided further that nothing in this Section shall limit the City's right to enforce the provisions of Section 8.346 of the Charter.

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I.C. MANAGEMENT RIGHTS

6. Except as otherwise provided in this Agreement, in accordance with applicable state law, nothing herein shall be construed to restrict any legal City rights concerning direction of its work force, or consideration of the merits, necessity, or organization of any service or activity provided by the City.

7. The City shall also have the right to determine the mission of its constituent departments, officers, boards and commissions; set standards of services to be offered to the public, and exercise control and discretion over the City's organization and operations. The City may also relieve city employees from duty due to lack of work or funds, and may determine the methods, means and personnel by which the City's operations are to be conducted. However, the exercise of such rights does not preclude employees from utilizing the grievance procedure to process grievances regarding the practical consequence of any such actions on wages, hours, benefits or other terms and conditions of employment specified in this Agreement.

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I.D. UNION/CITY COMMITTEES

1. Union/City Relations Committee

8. The parties have established a Union/City Relations Committee with equal representation from both the City and the Union. 

9. The Union/City Relations Committee shall meet at a minimum on a quarterly basis, and in addition, as needed to address matters the parties agree are of mutual concern which arise during the course of this Agreement, including, but not limited to, the City’s use of Personal Service Contracts. By mutual agreement, the Committee may discuss grievance matters subject to arbitration.

10. The Committee is specifically empowered to establish such sub-committees as may be needed to consider and recommend solutions to workplace issues and concerns.

11. a. For the term of this Agreement, there shall be a sub-committee established to discuss the City’s use of bargaining unit members who are exempt from Civil Service pursuant to Charter Sections 10.104-16, 10.104-17, and 10.104-18. The sub-committee will examine the use of such positions and the reasons for such use. The Union acknowledges that appointments are a Civil Service carve-out under Charter Section A8.409-3, and not subject to the grievance procedure.

2. City and Union Committee on Diversity, Equity, and Inclusion

12. The City and the Union are committed to ensuring a diverse, equitable, and inclusive City workforce. There shall be a Committee on Diversity, Equity, and Inclusion (DEI Committee) established to discuss issues in the workplace for City employees represented by the Union related to diversity and an equitable and inclusive City workplace. The City shall release up to a minimum of six (6) Union members to participate in the DEI Committee. 

13. The Committee on Diversity, Equity, and Inclusion shall meet quarterly to discuss issues related to training needs, recruitment, retention, and promotional opportunities, such as potential barriers in employment for City employees represented by the Union. The Union shall develop an agenda, which shall be distributed to the City’s DEI Committee members at least five (5) calendar days before each meeting. The DEI Committee shall meet on a quarterly basis during the term of this Agreement. 

14. The DEI Committee may discuss issues of diversity, equity, and inclusion in City employment including, but not limited to, the recommendations in the June 2021 “Report of San Francisco Independent Reviewer for Mayor London Breed by Professor William B. Gould IV” (the Gould Report).  DEI Committee agendas may include: 

a. The City’s efforts to advertise open bargaining unit positions widely to attract a diverse candidate pool, and constructive solutions and suggestions from the Union DEI members for improving these efforts. This will include efforts to recruit from historically black colleges and universities and career fairs focusing on historically marginalized groups, including people of color, first-generation college graduates, and people from lower-income socioeconomic backgrounds, taking into consideration any constraints under state and/or local law. 

b. Recommendations for whether and how to track the self-identification of race/ethnicity of applicants and hires based on EEOC guidelines, and what should be done with the data.

c. Recommendations for whether and how to track corrective action undertaken by departments in response to a finding by the DHR Director sustaining an EEO complaint and/or grievance and how this data shall be used consistent with state and local law. 
d. Recommendations on equity in hiring (including hiring panels), onboarding, staff development, and career advancement processes and practices. 

15. The City shall make available on its website annual reports on discipline, probationary releases, and Performance Improvement Plans prepared pursuant to the Mayor’s Executive Directive 18-02 Ensuring a Diverse, Fair, and Inclusive City Workforce. Upon request of the Union and mutual agreement of the parties, the City shall provide additional reports on workforce demographics for employees represented by the Union.

16. Additionally, the Union and the City agree, for the term of this Agreement, to continue offering the City’s Government Alliance on Race and Equity (GARE) program. 

3. Internal Placement Committee

17. A joint DHR/Local 21 committee created in 2003-04 shall continue for the duration of this Agreement and shall meet at the request of the Union no more than monthly to review scheduled and anticipated displacements and to review reappointment and alternative internal placement plans and options.

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I.E. GRIEVANCE PROCEDURES

18. The following procedures are adopted by the Parties to provide for the orderly and efficient disposition of grievances and are the sole and exclusive procedures for resolving grievances as defined herein.

1. Definition

19. A grievance is defined as an allegation by an employee, a group of employees or the Union that the City has violated, misapplied or misinterpreted a term or condition of employment provided in this Agreement or an appeal from a suspension or disciplinary discharge, or divisional, departmental or City rules, policies or procedures subject to the scope of bargaining as set forth in Section VI.A. of this Agreement.

20. A grievance does not include the following:

21. a. All civil service rules excluded pursuant to Section VI.A.

22. b. Performance evaluations, provided however, that employees shall be entitled to submit written rebuttals to unfavorable performance evaluations. Said rebuttal shall be attached to the performance evaluation and placed in the employee's official personnel file. Employees are required to submit written rebuttals within thirty (30) calendar days from the date of the performance evaluation except by mutual agreement.

23. c. In the event of an unfavorable performance rating, the employee shall be entitled to a performance review conference with the author and the reviewer of the performance evaluation.  The employee shall be entitled to Union representation at said conference.

24. d. Written reprimands or oral reprimands which are reduced to writing and placed in the employee’s personnel file, provided however, that employees shall be entitled to append a written rebuttal to any written reprimand or oral reprimand which is reduced to writing and placed in the employee’s personnel file.  The appended rebuttal shall be included in the employee's official personnel file.  Employees are required to submit written rebuttals within thirty (30) calendar days from the date of the reprimand, unless extended by mutual agreement.

2. Time Limits

25. The time limits set forth herein may be extended by agreement of the parties.  Any such extension must be confirmed in writing.  

26. If the Union fails to file a written grievance appeal within the specified timelines at any step of the appropriate grievance procedure, the grievance shall be considered withdrawn.

27. If the City fails to respond to a grievance within the specified timelines at any step of the appropriate grievance procedure, the Union may move the grievance to the next step.  Should the Union fail to advance the grievance to the next step within sixty (60) calendar days of the City’s failure to respond within the specified applicable timeline, the grievance shall be considered withdrawn.

3. Grievance Description

28. The Union and City agree that all grievances shall include the following:

29. a. The specific reason or reasons for the grievance, including the date of the incident giving rise to the grievance, an explanation of the harm that occurred, and the name, classification, and department of the affected employees;

30. b. The section(s) of the contract which the Union believes has been violated; and

31. c. The remedy or solution being sought by the Grievant and/or Union.

4. Steps of the Procedure

32. A grievance regarding a dispute over contract interpretation shall be filed at the lowest step in the grievance procedure in which the City’s representative would have the authority to make a final and binding resolution of the grievance, provided, however, that a grievance may not be filed at a Step higher than Step 2, except by mutual agreement of the parties.  In the event a grievance is filed at a Step in the grievance procedure which the City deems inappropriate, the City’s representative with whom the grievance was filed shall remand the grievance to the appropriate Step.

33. A grievance, regardless of the step at which initiated, shall be initiated as soon as possible but in no case later than thirty (30) calendar days from the date of the occurrence of the act or the date the grievant or Union might reasonably have been expected to have learned of the alleged violation being grieved.

34. Step 1: An employee shall discuss the grievance informally with the employee’s immediate supervisor. The grievant may have a Union representative present.

35. If the grievance is not resolved within five (5) calendar days after contact with the immediate supervisor, the grievant will submit the grievance in writing to the immediate supervisor.

36. The immediate supervisor shall respond in writing within ten (10) calendar days following receipt of the written grievance specifying the reason or reasons for concurring with or denying the grievance.

37. Step 2: A grievant dissatisfied with the immediate supervisor's response at Step 1 may appeal to the Appointing Officer, in writing, within ten (10) calendar days of receipt of the Step 1 answer. The Step 2 grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reasons for rejecting the lower step response and advancing the grievance to the next step. The Appointing Officer may convene a meeting within fourteen (14) calendar days of the appeal with the grievant and/or the grievant's Union representative. The Appointing Officer shall respond in writing within twenty-one (21) calendar days of the hearing or receipt of the grievance, whichever is later. The response shall specify the reason or reasons for concurring with or denying the grievance.

38. Step 3: For contract interpretation disputes, if the Union is dissatisfied with the Appointing Officer's response at Step 2, the Union may appeal to the Director, Employee Relations, in writing, within twenty-one (21) calendar days of receipt of the Step 2 answer. The Step 3 grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reasons for rejecting the lower step response and advancing the grievance to the next step. The Director may convene a grievance meeting within fourteen (14) calendar days of the appeal with the grievant and/or the grievant's Union.  The Director shall respond to the grievance in writing within fourteen (14) calendar days of the meeting or, if none is held, within fourteen (14) calendar days of receipt of the appeal. The response shall specify the reason or reasons for concurring with or denying the grievance.

39. A grievance arising from a final disciplinary decision, as defined in Section II.P shall be initiated at Step 3 of this grievance procedure.  Such grievance may only be filed by the Union.   The Director, ERD, shall review the appeal and respond no later than twenty-one (21) calendar days following receipt of the appeal.  If the response of the Director, ERD, is unsatisfactory only the Union may file a written appeal to arbitration with the ERD no later twenty-one (21) calendar days following issuance of ERD’s response.

40. Step 4 Arbitration: If the Union is dissatisfied with the Step 3 answer it may appeal by notifying the Director, Employee Relations, in writing, within thirty (30) calendar days of the 3rd Step decision that arbitration is being invoked.

41. If the Union advances a grievance to arbitration and seeks to raise facts or issues at arbitration that were not identified in a previous step of the grievance procedure, or add new grievants, the City retains the right to object to the arbitrator considering those new facts, issues or grievants.  If the City objects, the arbitrator must determine whether to allow the union to pursue those new facts or issue, or add any new grievants, at the arbitration.

5. Expedited Arbitration

42. Grievances of disciplinary suspensions of fifteen (15) days or less, grievances regarding Acting Assignment Pay pursuant to Sections III.B.2 and III.B.3, and grievances regarding denial of a step increase pursuant to Section III.F.4.b shall be resolved through an expedited arbitration process. Grievances of contract interpretation where the remedy requested would not require approval by the Board of Supervisors shall also be resolved through an expedited arbitration process; however, either party may move such matters out of the expedited process to regular arbitration described in Section 6. below.  By written mutual agreement, the parties may submit any other grievance to this expedited arbitration process.

43. 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 (12) months, whichever comes first.  A standing quarterly expedited arbitration schedule will be established for this process.

44. The arbitrator shall hear three (3) grievances for each scheduled day of hearings.  Each grievance will have a two (2) hour time limit.  The arbitrator will make every effort to issue bench decisions.  Written summary awards will follow up bench decisions.  Decisions of an arbitrator in these proceedings shall be final and binding and shall not constitute precedent in any other cases.  

45. The parties shall not be represented by counsel at these proceedings.

46. The parties will not utilize court reporters, electronic transcription, or post-hearing briefs.

6. Non-Expedited Arbitration

47. The parties share a desire to create an appeals process that offers timely resolution of appeals of suspensions of more than 15 days and terminations. The parties agree to use their best efforts to arbitrate grievances appealing terminations and suspensions of greater than fifteen (15) days within ninety (90) calendar days of the Union’s written request to arbitrate.

48. When a grievance is appealed to arbitration, within five (5) calendar days, the parties shall attempt to mutually agree on an arbitrator listed in section I.E.6.b of this Agreement.  In the event no agreement is reached within five (5) calendar days the arbitrator shall be selected from the permanent panel in accordance with the following procedure:

49. a. For each arbitration case, the parties shall use the list of arbitrators set forth in section I.E.6.b. To select an arbitrator from the standing panel, the parties shall strike arbitrators alternately from the standing panel until one arbitrator remains. The party who strikes first will be determined by lot, coin flip or other comparable method, and subsequent strikes will alternate between the parties.

50. Except for the expedited procedure described above, hearings shall be scheduled within thirty (30) calendar days of selection of an arbitrator.

b. Selection of the Arbitrator

51.1. The parties have established the following list of seven (7) arbitrators to serve as the permanent panel to hear grievances arising under the terms of this Agreement:

Matt Goldberg
Catherine Harris
Andria Knapp
Katherine Thomson
Carol Vendrillo
David Weinberg
Barry Winograd

52. This list of arbitrators shall be in effect until the expiration of this Agreement, unless extended by mutual agreement.

53.2. In the event that the parties mutually agree to remove an arbitrator, or an arbitrator becomes unavailable to serve on the panel, the parties shall attempt to agree on a replacement arbitrator.  If the parties cannot reach mutual agreement on a replacement arbitrator within fourteen (14) calendar days of their initial discussions, the parties shall jointly request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service (“CSMCS”).  Each party shall select four (4) arbitrators from that list; the one arbitrator in common shall serve as the replacement, unless the parties mutually agree otherwise.  If there are two (2) or more arbitrators in common, then the parties shall toss a coin to determine the replacement arbitrator.  If there are more than two (2) arbitrators in common, then the parties shall alternately strike names until one (1) arbitrator remains; the decision of which party will strike first shall be determined by a coin toss.

7. Authority of the Arbitrator

54. The arbitrator shall have no authority to add to, ignore, modify or amend the terms of this Agreement.

55. Any claim for monetary relief shall not extend more than thirty (30) calendar days prior to the filing of a grievance, unless considerations of equity or bad faith justify a greater entitlement.

8. Fees and Expenses of Arbitrator

56. Except as noted below, the fees and expenses of the Arbitrator shall be shared equally by the parties.  

57. In the event that an arbitration hearing is cancelled, resulting in a cancellation fee, the party requesting or causing the cancellation shall bear the full cost of the fee imposed by the arbitrator, unless a mutually agreed upon alternative is established.

58. The parties shall use a court reporter for non-expedited arbitrations, unless they mutually agree otherwise.  The parties shall share all fees and expenses for the court reporter’s services and transcripts.  If a court reporter is utilized for the hearing, the parties can agree in advance to require that the reporter submit the hearing transcript to the parties and arbitrator within fourteen (14) calendar days of the close of the hearing.

9. Hearing Dates and Date of Award

59. If either party fails to appear for a scheduled arbitration hearing that has not been cancelled, the other party will present their case and the arbitrator will issue a decision based on the information presented at the hearing.

60. Closing briefs will be due to the arbitrator within thirty (30) calendar days of the close of the hearing or receipt of transcript, whichever is later.  Either party may choose to make a closing oral argument in lieu of a written brief.
    
61. Any written decision from the arbitrator will be due within forty-five (45) calendar days of receipt of the parties’ briefs or the close of oral argument, whichever is later.  As a condition of appointment to the permanent panel, arbitrators shall be advised of this requirement and shall confirm their willingness to abide by these time limits.

62. By the parties’ mutual agreement, the arbitrator may issue a bench decision on the record stating the arbitrator’s award and the reasons therefore.

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I.F. OFFICIAL REPRESENTATIVES AND STEWARDS

1. Official Representatives

63. 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 role. 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.
    
64. For purposes of negotiating a successor collective bargaining agreement, the Union may select up to thirty-two (32) members to serve during the employee's regular duty or work hours without loss of compensation. For purposes of meeting and conferring with the City, on matters within the scope of representation during the term of the agreement, the Union may select up to five (5) members to serve during the employee’s regular duty or work hours without loss of compensation.  If a situation should arise where the Union believes that more than five (5) employee members should be present at such meetings, and the City disagrees, the Union shall take the matter up 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.  

65. 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.

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

67. c. 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

68. On July 1 of each year, the Union shall furnish the Department of Human Resources Employee Relations Division with a written list of stewards and alternate stewards. 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.  If a steward is not officially designated in writing by the Union, none will be recognized for that area or shift.

69. The Union recognizes that it is the responsibility of the steward to assist in the resolution of grievances at the lowest possible level.

70. Upon notification of an appropriate management person, stewards or designated officers of the Union subject to management approval which shall not be unreasonably withheld, shall be granted reasonable release time to investigate and process grievances and appeals.  Stewards shall advise their supervisors of the area or work location where they will be investigating or processing grievances.  The Union will attempt to insure that steward release time will be equitably distributed.

71. In emergency situations, where immediate disciplinary action is taken because of an alleged violation of law or a City departmental rule (intoxication, theft, etc.) the steward shall not unreasonably be denied the right to leave the steward’s post or duty to assist in the grievance procedure.

72. Stewards shall not interfere with the work of any employee.  It shall not constitute interference with the work of an employee for a steward, in the course of investigating or processing a grievance, to interview an employee during the employee's duty time.

73. Stewards shall orient new employees on matters concerning employee rights under the provisions of the Agreement.

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I.G. UNION LEAVE

74. Pursuant to the guidelines of the Civil Service Commission, leave without pay for a reasonable term for up to a reasonable number of employees shall be granted upon ten (10) days advance written notice.

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I.H. UNION SECURITY

1. Authorization for Deductions

75. 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.H. 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.

76. 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.

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

78. d. Union rules provide that for employees whose membership card or other authorization form does not provide terms of revocation, the member may revoke by submitting a written revocation to the Union during the thirty (30) day period immediately before the anniversary date on which the employee signed the employee’s form. The parties agree that the City has no role, responsibility or decision making authority over the terms of Union membership, including revocation of such membership, or over revocation of an employee’s authorization for deductions of Contributions, except to cancel deductions upon notice from the Union as provided in this Section.

79. e. 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.                      

80. f. 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.  

81. g. 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.

82. h. 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.

83. i. With the exception of subsection (f) 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 10 business days.

2. Indemnification

84. The Union shall indemnify, hold harmless, and defend the City against any claim, including but not limited to any civil or administrative action, and 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.  The Union shall be responsible for the defense of any claim within this 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; and (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 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.

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I.I. UNION ACCESS

85. Reasonable space may be allowed on bulletin boards for use by the Union to communicate with employees.

86. The Union shall have reasonable access to all work locations to verify that the terms and conditions of this Agreement are being carried out and for the purpose of conferring with employees, provided that access shall be subject to such rules and regulations immediately below, as well as to such rules and regulations as may be agreed to by a department and the Union.  Union access to work locations will not disrupt or interfere with a department’s mission and services or involve any political activities.

87. Union representatives shall also have reasonable access to non-work areas (bulletin boards, employee lounges and break rooms) and to hallways, in order to verify that the terms and conditions of this Agreement are being carried out and for the purpose of conferring with employees.

88. Union representatives must identify themselves upon arrival at a City department. Union representatives may use department meeting space with a reasonable amount of notice, subject to availability.

89. In work units where the work is of a confidential nature and in which the department requires it of other non-employees, a department may require that Union representatives be escorted by a department representative when in areas where said confidential work is taking place.

90. Nothing herein is intended to disturb existing written departmental union access policies.  Further, departments may implement additional rules and regulations after meeting and conferring with the Union.

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I.J. NEW HIRES

91. The City agrees to provide the Union with the names and classifications of newly hired employees. During the initial processing, the City will provide new employees in those units listed in Appendix A with a Union-provided packet of information regarding the Union and fees and dues arrangement.  The Union will provide this information in sealed envelopes, one of which will be distributed to each new employee.  The City may advise new employees that the packet is being provided as part of an agreement with the Union, and that the City is neither aware of nor endorses the content of the packet.

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I.K. ADDITIONAL DATA

92. The City will provide such necessary documents for representation and bargaining purposes that could otherwise be obtained via the California Public Records Act.

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ARTICLE II: EMPLOYMENT CONDITIONS

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II.A. NON-DISCRIMINATION

93. The City and the Union agree 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. The City shall expedite the handling of complaints of sexual harassment.

94. Discrimination and sexual harassment as used herein shall mean discrimination and sexual harassment as defined by Title VII of the 1964 Civil Rights Act, as amended, the Civil Rights Act of 1991, the California Fair Employment and Housing Act, the Americans with Disabilities Act, the California and United States Constitutions, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Civil Rights Act of 1866.

95. Claims of discrimination shall be reviewed and determined in accordance with applicable City policies. Effective January 1, 2023, DHR EEO shall offer the complainant an intake interview within 30 days of DHR receiving a complaint within DHR EEO’s jurisdiction. This deadline does not apply to complaints filed before January 1, 2023.

96. An employee, group of employees, or Union may elect to process a complaint of discrimination or sexual harassment through the grievance and arbitration procedures of this Agreement, and/or through the applicable Civil Service Rules, and/or the City Administrative Code, and/or federal or state law.

97. 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.

98. The City shall make reasonable efforts to ensure all employees represented by the Union complete an Implicit Bias training before June 30, 2027.

a. Instructor Led Interactive Implicit Bias Training

99. The City shall make reasonable efforts to reserve at least two hundred (200) spots for each fiscal year covered by this Agreement for employees represented by the Union to take the instructor led interactive implicit bias training offered by the Department of Human Resources. Instructor led interactive implicit bias training may be in-person or virtual. Supervisory employees and hiring managers will have priority. Within thirty (30) calendar days of the effective date of this Agreement, the Union and the City shall meet and work cooperatively to develop a schedule of training sessions to be offered for the term of this Agreement, and to determine how and when represented employees must register for training sessions. In the event a represented employee must cancel his/her/their participation in a training for which they have previously registered, such employee shall notify the City no less than 14 calendar days before the training session so that another represented employee may fill the vacancy created by the cancellation. The City will provide the training at no cost to the employee and employees shall receive adequate paid-time to complete the course.

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II.B. PROBATIONARY PERIOD

100. As defined and administered by the Civil Service Commission, the initial probationary period for new employees shall be twelve (12) months of service equivalent to 2,080 regularly scheduled hours worked, including legal holiday pay (LHP). The probationary period for an employee appointed to a promotive position, including employees who promoted from other bargaining units, (i.e., a position in any class the salary grade for which is higher than the salary grade of the employee's permanent class) shall be six (6) months of service equivalent to 1,040 regularly scheduled hours worked, including LHP.

101. The probationary period for all other appointments, as defined and administered by the Civil Service Commission, shall be three (3) months of service equivalent to 520 regularly scheduled hours worked, including LHP. If the employee is being returned to duty in the same department from which the employee was laid off, the employee shall serve the remainder of any probationary period as set forth in Civil Service Rule 112.30.3.

102. A probationary period may be extended for up to one (1) year equivalent to 2080 regularly scheduled hours worked, including LHP, by mutual agreement, in writing, between the employee and the Appointing Officer. The City shall give notice to the Union at the time that it seeks to extend an employee’s probationary period.

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II.C. PROFESSIONAL STANDARDS

103. An employee who believes that the employee will suffer adverse action for refusing to perform duties or being required to perform duties in a manner inconsistent with professional ethics may request a meeting with the Appointing Officer (or designee) to address such concerns.  "Professional Ethics" as used in this provision refers to a standard of professional ethics published by a professional association or recognized as a standard in the field or industry in which the employee works or codified in State Law.

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II.D. REASONABLE ACCOMMODATIONS

104. The parties agree that they are required to provide reasonable accommodations for persons with disabilities in order to comply with the provisions of the Americans with Disabilities Act, the Fair Employment and Housing Act, and all other applicable federal, state and local disability anti-discrimination statutes.  The parties further agree that this Agreement shall be interpreted, administered and applied so as to respect the legal rights of the parties covered by these Acts.  The City reserves the right to take any action necessary to comply therewith. A reasonable accommodation decision is appealable to the Human Resources Director, and/or through the grievance and arbitration procedures of this Agreement and/or through the applicable Civil Service Rules, and/or the City Administrative Code, and/or federal or state law.

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II.E. SUBCONTRACTING OF WORK

1. "Prop J." Contracts

105. The City agrees to notify the Union no later than the date a department files “Prop J” legislation with the Clerk of the Board.

106. 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. 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,
        a. possible alternatives to contracting or subcontracting;
        b. questions regarding current and intended levels of service;
        c. questions regarding the Controller's certification pursuant to Charter Sections 8.300-1 — 10.104.15;
        d. questions relating to possible excessive overhead in the City's administrative-supervisory/worker ratio; and
        e. questions relating to the effect on individual worker productivity by providing labor saving devices.
    
107. 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

108. The City shall not initiate or approve contracting out any routine work currently performed by existing employees represented by the Union.

109. The City shall not lay off current bargaining unit members or eliminate existing bargaining unit positions as a result of contracting out.

110. The parties recognize that the use of contracting out for personal services should be used for limited reasons.  “Prop J” contracts are covered by the “Prop J” paragraphs of the MOU and not the following paragraphs.

111. Contracting for work customarily performed by bargaining unit employees is permissible under limited circumstances described in the Civil Service Commission’s December 19, 2023 Policy on Personal Service Contracts, as may be amended , or when otherwise required by federal, state, or local law or requirements of court decisions or orders.

112. For purposes of this article, work customarily performed by bargaining unit employees is work performed by classifications within the unit. The City agrees that only City employees are authorized to hire, fire, execute performance evaluations, and discipline IFPTE, Local 21-represented employees.

113. The City shall not displace current bargaining unit members as a result of contracting out. The term “displace” includes laying off, demoting, involuntarily transferring to a new class or location, reducing the hours for current bargaining unit members. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location.

114. Section III.A of the Civil Service Commission’s December 19, 2023 Policy on Personal Service Contracts, as may be amended , sets forth the circumstances in which services customarily performed by bargaining unit employees may be contracted out. Contracting out should be used sparingly and treated as an option of last resort, not as a means to replace employees with contractors. Factors that may be considered appropriate for contracting out include but are not limited to the following:

a. Immediately needed services to address unanticipated or transitional situations, or services needed to address urgent situations that do not rise to the level of an “emergency”; 

b. Short-term or capital projects requiring diverse skills, expertise, and/or knowledge;

c. Services required on an as-needed, intermittent, or periodic basis (e.g., peaks in workload); or

d. Circumstances where there is a demonstrable potential conflict of interest (e.g., independent appraisals, audits, inspections, third party reviews and evaluations).

PILOT PERSONAL SERVICES CONTRACT REVIEW PROCESS

115. The Union and City agree to a pilot PSC notification and review program as described in this paragraph 115 beginning no sooner than January 1, 2025 but no later than July 1, 2025. This pilot program shall expire on June 30, 2027, unless the Parties mutually agree to extend it.  Prior to implementation of this new process, the process for review of personal services contracts shall continue as set forth in the July 1, 2022 - June 30, 2024 MOUs between the City and IFPTE, Local 21 (paragraphs 107-113).

a. Prior to submission of a personal service contract request to the Department of Human Resources and/or Civil Service Commission or at the time the City issues a solicitation for work customarily performed by bargaining unit employees, whichever occurs first, the City shall provide notice to the Union with the following information:

i. The anticipated duration of the contract;

ii. The scope of work under the contract;

iii. The final solicitation, if published or if no solicitation exists or will be used, any other information that would normally be included in a solicitation; and

iv. The reason, as set forth in the Civil Service Commission’s Policy on Personal Service Contracts as amended from time to time or others, that the City is relying on as justification for its contracting decision.

b. The Union shall have ten (10) calendar days to request to meet with the City over the proposed contract after receiving the notice required by paragraph 115.a. Discussions shall include, but not be limited to, possible alternatives to contracting or subcontracting, whether the department staff has the expertise and/or facilities to perform the work, and steps the City has taken to address job vacancies. 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. The Union and City shall conduct such meeting no later than ten (10) calendar days from the date the Union requested to meet.  If the City is unable to meet within ten (10) calendar days, the timeline for the Union to commence the Fact-Finding Review set forth in paragraph 115.c.ii will be tolled by another ten (10) calendar days.

c. Fact-Finder Review: For disputes that cannot be resolved through the meeting contemplated in paragraph 115.b, the Union may utilize the Fact-Finder Review outlined in this paragraph 115.c five (5) times per year. The number of times the Union may utilize the Fact Finder Review may be increased by mutual agreement of the parties.  

i. If, following the meeting contemplated in paragraph 115.b, a dispute exists between the Parties about whether the City may contract out work customarily performed by bargaining unit employees, the Union may submit the matter to Fact-Finding Review.

ii. To commence the Fact-Finding Review, within five (5) calendar days following the meeting contemplated in paragraph 115.b, the Union must make a written objection to the Human Resources Director, containing specific and detailed factual information to support its opposition to the proposed personal service contract, and documentary evidence or declarations in support of the Union’s position.  

iii. A standing factfinder or factfinder(s) will be appointed to address disputes submitted under this Paragraph 115.c, and the Parties will preschedule at least two (2) days per month for such hearings.  The Parties will mutually agree on a list of factfinder(s) prior to the commencement of the Fact-Finding Review process. The Parties agree to split the factfinders’ fees.  

iv. Within five (5) calendar days of the Union’s request for a Fact-Finding Review, the factfinder shall review the evidence submitted by the Union under subparagraph (c.ii) and determine whether sufficient evidence exists to warrant a hearing on the dispute. The factfinder shall make a determination based on the evidence provided by the parties. If the factfinder determines that the Union has not submitted sufficient evidence, the factfinder shall dismiss the Union’s request for a hearing.

v. If the factfinder determines that the Union has submitted sufficient evidence to warrant a hearing, the factfinding hearing will occur on the next prescheduled hearing date.  This hearing shall follow the generally accepted rules and structure of expedited hearings, however, the parties agree that either party may be represented by legal counsel.

vi. The factfinder(s) will address whether the circumstances described by the City as the basis for contracting out exist. The factfinder(s) shall recommend whether the contracting out proposal shall be approved, denied or modified.  The factfinder may also recommend the adoption of any proposals the union presents as an alternative to contracting out. The factfinder’s recommendation may also outline timelines and intermediate steps for remedying the disputed matter.  

vii. The factfinder must provide any recommendations to the Parties within five (5) calendar days of hearing the dispute; however, the factfinder may extend the time for providing recommendations up to fourteen (14) calendar days.  The Parties will make the factfinder’s recommendation a part of the record before  the Civil Service Commission prior to the Commission’s hearing on the disputed personal service contract or to the Human Resources Director in accordance with Civil Service Commission’s December 19, 2023 Policy on Personal Service Contracts, as may be amended .

viii. Best efforts shall be made to complete the Fact-Finding Review within sixty  (60) calendar days after the Union makes its written objection under subparagraph 115.c.

ix. The City shall not be required to engage in the Fact-Finding Review outlined in Paragraph 115.c should the Union fail to comply with the deadlines outlined in Paragraphs 115.b and 115.c.

x. Submission of a dispute to a factfinder under this pilot program does not alter the Civil Service Commission’s authority to consider and decide whether to approve personal service contracts or to amend its Policy on Personal Services Contracts.

d. The process and timeline identified in paragraphs 115.a, 115.b, and 115.c are further outlined as follows:

 

e. The Controller shall advise on any process safeguards or other requirements necessary to ensure public integrity in contracting decisions. 

116. Should the Pilot Personal Services Contract Review Process not be renewed pursuant to paragraph 115, or be cancelled upon mutual agreement of both parties prior to the Pilot end date identified in paragraph 115, the Union PSC notification and review process reverts to the process for review of personal services contracts as set forth in the July 1, 2022 - June 30, 2024 MOUs between the City and IFPTE, Local 21 (paragraphs 107-113).

117. By January 1, 2025, DHR shall maintain an online vacancy dashboard that is updated monthly. The dashboard will list all budgeted and filled positions by classification and department.

118. Joint Labor Management Committee on Personal Service Contracts. The City and the Union shall form a JLMC on City Contracting.  The JLMC shall establish procedures to implement the Pilot Personal Services Contract Review Process.  The JLMC shall also  review and make recommendations regarding the process of engaging Labor prior to entering into a City contract. On an on-going basis, the JLMC will review data on Personal Service Contract approvals, City contract spending, benchmarking best practices, and the effectiveness of the Pilot PSC Review Program described in Paragraph 115. Based on the information provided, the JLMC will make recommendations to improve the process, reporting requirements, and policies governing the way that the City initiates the PSC process.  Any disputes regarding violations of the PSC process shall be resolved by the JLMC and not by the grievance provision of this Agreement.  The committee will include no more than 8 members, 4 from the City and 4 from the Union, and will meet every other month for 1 year, to make recommendations, and annually thereafter for the term of this contract.

119. This article shall be interpreted consistent with and shall not conflict with the Charter.

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II.F. EMPLOYEE REASSIGNMENTS

120. Except in cases of urgent need, each City department shall post or provide electronically notices of vacancies. If posted, the vacancy notice shall be in a prominent location in the department, and/or at each separate work location of the department, for a period of not less than five (5) working days in order to afford employees interested in reassignment an opportunity to apply for a vacant position. If provided electronically, the vacancy notice shall be provided to all employees and employees shall have not less than five (5) working days to respond. Each such notice shall describe the classification of the position to be filled, the physical location of the position, its starting and quitting time, and a general description of the work to be performed.

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II.G. WORKFORCE REDUCTION

1. Obligation to Meet & Confer on Employee Workloads

121. 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.

122. The City recognizes its legal obligation to meet and confer in good faith and endeavor to reach agreement on employee workloads.

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

2. Advance Notice of Pending Layoffs

124. 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 sixty (60) calendar days prior to the effective date of the layoff.  Such sixty (60) 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.

125. The City will provide ten (10) business days’ notice to employees who are subject to displacement due to layoff.  To the extent this notice period extends beyond the date the displacing employee is to start in the position, the employee who is to be displaced will be placed in a temporary exempt position in the employee’s classification and department for the remainder of the notice period.  

3. Layoff Procedures

126. Layoffs shall be administered pursuant as follows:  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.

127. 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 separation from employment by layoff (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 arising out of the layoff for an employee who accepts severance under this section. If an employee accepts severance pay and retires within two (2) years of accepting the severance pay, they shall reimburse the City for the full amount of the severance pay.

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II.H. UTILIZATION OF PROP F AND TEMPORARY EXEMPT EMPLOYEES

128. 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.

129. The Union and the City will meet to review and identify exempt appointments in Categories 17 and 18 that may be appropriate for conversion to permanent civil service.  The parties agree to conclude this process not later than December 31, 2019.  After that date, any remaining unresolved issues will be referred to the Union-City Relations Committee.  The Union reserves the right to appeal or contest exempt appointments to the Civil Service Commission.

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II.I. CREDIT FOR TIME SERVED IN TEMPORARY POSITION WHILE ON LAYOFF FROM PERMANENT POSITION

130. An employee who has completed probation in a permanent position and who:

131. 1. is "laid off" from said position;

132. 2. is immediately and continuously employed in another classification with the City, either permanent or temporary; and

133. 3. is thereafter permanently re-employed in the employee’s former classification without a break in service;

134. 4. shall, for the purposes of determining salary increments, receive credit for the time served while laid off from the employee’s permanent position.

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II.J. RELEASE OF CATEGORY 18 EMPLOYEES

135. Under Charter Section 10.104(18), appointments for special projects and professional services with limited term funding shall not exceed three 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.”

136. Subject to the conditions and limitations in the following paragraphs, if an employee in a Category 18 appointment is released from service, the employee shall have the option of receiving either severance pay or a post-release administrative hearing.  

137. 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.  

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

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

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

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

142. 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.

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

Option 1: Severance

144. 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 of any and all claims arising out of the employee’s employment or release from employment (including claims arising under this Agreement) that the employee or Union may have against the City, including any City officer or employee.  This release would include a release of any rights to return to any underlying permanent civil service appointment.  This release shall be in a form acceptable to the City.

Option 2: Advisory Administrative Appeal

145. 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.

Deadline to Elect Option

146. 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.

147. 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. TRAVEL REIMBURSEMENT

1. Municipal Railway

148. An employee who travels on the Municipal Railway for City business shall be reimbursed for such travel.

2. Automobile Allowances

149. 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 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.  

150. a. Employees in the following classes only shall receive an auto allowance of $40.00 per month and be eligible for mileage reimbursement in accordance with the current IRS mileage rate:

4220 Tax Auditor-Appraiser
4222 Senior Tax Auditor-Appraiser
4224 Principal Tax Auditor-Appraiser
6270 Housing Inspector
6272 Senior Housing Inspector
2542 Speech Pathologist*
2548 Occupational Therapist*
2550 Senior Occupational Therapist*
2555 Physical Therapist Assistant*
2556 Physical Therapist*
2558 Senior Physical Therapist*

* Applies only to Home Health Care Rehabilitation Professionals and California Children’s Services.

151. b. Employees in the above-listed classifications must establish eligibility for Automobile Allowance by providing proof of and maintaining a valid California drivers’ license, and also by providing proof of required insurance.
        
152. c. Employees in the following classes now use cars provided by the City; however, individual employees in these classes will receive auto allowance and mileage reimbursement in accordance with subsection (2) a. above if said individual employee has not been supplied with a City automobile and is still required to drive the individual’s personal vehicle as provided for above:

6230 Street Inspector
6231 Senior Street Inspector
6232 Street Inspection Supervisor
6272 Senior Housing Inspector
6318 Construction Inspector

153. d. Employees in the following classes only shall receive auto allowance of $100.00 per month and be eligible for a mileage allowance of eight (8) cents per mile:

4260 Real Property Appraiser Trainee
4261 Real Property Appraiser
4265 Senior Real Property Appraiser
4267 Principal Real Property Appraiser            

3. Mileage Allowance

154. The City shall provide City vehicles for the use of City employees while traveling in the course of their duties for the City.  In the event such vehicles are not available, the Appointing Officer may request employees to use their own vehicle for City business.  Employees using their own vehicle for City business shall be reimbursed for expenses incurred at the rate in accordance with the IRS allowance and for all necessary toll expenses.

155. Subject to review and approval by the Controller’s Office, additional classes may be considered for eligibility for the Auto Allowance under Section 2 of this Article by the Union/City Relations Committee (UCRC).

4. Reimbursement of Required Business-Related Travel Expenses

156. Represented employees who are required by the Appointing Officer or designee to engage in business-related travel shall be eligible for reimbursement of such eligible travel-related expenses consistent with the rates established in the Controller’s Office’s Business Travel Reimbursement Guidelines.

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II.L. PARKING PLACARDS FOR CALIFORNIA CHILDREN SERVICES REHABILITATION PROFESSIONALS

157. The Department of Public Health shall make for the term of the agreement only, at least two (2) parking placards to be shared by California Children Services Rehabilitation Professional employees in the following classes who are required by the Department of Public Health to use their personal car in the course of their work to provide patient care at the patient’s home or in the community:

2548 Occupational Therapist
2550 Senior Occupational Therapist
2555 Physical Therapist Assistant
2556 Physical Therapist
2558 Senior Physical Therapist

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II.M. PARKING FACILITIES

158. When an employee is required to use a personal automobile for City business the employee will be reimbursed for parking fees.

159. Parking fees for represented employees will be set and applied in accordance with Administrative Code Section 4.24.

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II.N. CELL PHONE USAGE FOR REHABILITATION PROFESSIONALS

160. The City will provide no fewer than ten cell phones to Rehabilitation Professionals who work in Home Health or California Children Services.  In the event a City cellular phone is not available, the City agrees to pay for the cost of business related calls made by the Rehabilitation Professional on the individual’s cellular phone.  Employees shall be required to provide evidence of expenditure to the department in order to receive reimbursement.

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II.O. PERSONNEL FILES

161. 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.

162. 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 but copies of the contents shall be provided upon request.

163. With the 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 request.

164. An employee shall have the opportunity to review, sign, and date any and all material to be included in the file.  The employee may also attach a response to any and all materials within thirty (30) days.  All material in the file must be signed and dated by the author.

165. Employees may cause to be placed in their personnel files materials reasonably related to their assigned job duties.

166. 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 and has completed a diligent and timely investigation except for conduct which would constitute the commission of a crime.  The discipline imposed may take into account conduct that is documented in the employee's personnel file or was the subject of a prior disciplinary action.

167. At the request of the employee, materials relating to disciplinary actions which are three (3) or more years old shall be sealed to the extent permissible by law, provided that there has been no reoccurrence of the conduct on which the discipline was based during that period.  The envelope containing the sealed documents will be retained in the employee’s personnel file and may be opened for the purpose of assisting the City in defending itself in legal or administrative proceedings.  The sealed material shall not be used in disciplinary proceedings against the employee.  This provision shall not apply to any discipline for violation of City Equal Employment Opportunity policies.

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II.P. DISCIPLINE

168. The City shall have the right to discipline any non-probationary permanent, temporary civil service, or provisional employee who has served the equivalent of a probationary period for just cause.  As used herein "discipline" shall be defined as discharge, suspensions and disciplinary demotion.

169. Suspensions, disciplinary demotions and discharges of non-probationary permanent, temporary civil service and provisional employees, who have served the equivalent of a probationary period, shall be subject to the following procedure:

170. a. The employee shall receive written notice of the recommended disciplinary action, including the reasons and supporting documentation, if any, for the recommendation.

171. b. The employee and any representative shall be afforded a reasonable amount of time to respond orally or in writing to the management official designated by the City to consider the reply.

172. c. The employee shall be notified in writing of the decision. The employee's representative shall receive a copy of this decision.

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II.Q. PUC/CIP "PROJECT LABOR AGREEMENT"

173. The parties agree that timely and successful implementation of the PUC’s Capital Improvement Plan (CIP) projects is among their highest priorities, and that changes in the terms and conditions of employment set forth in this Agreement that are unique to CIP projects may facilitate the achievement of their mutual goal.  The parties therefore agree that the Capital Improvement Plan Projects Addendum to this Agreement, incorporated herein as Appendix C for reference, shall be extended to June 30, 2027. 

174. Regarding CIP Projects, the parties agree to meet and confer over all matters within the mandatory scope of bargaining, and any other matters which they mutually agree to discuss.

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II.R. SUBSTANCE ABUSE PREVENTION POLICY

175. Attached as Appendix E is the Substance Abuse Prevention Policy (SAPP).  Also attached is a side letter related to the implementation of the SAPP.  If pursuant to the side letter the parties proceed to arbitration, then Arbitrator Carol Vendrillo, shall be retained by the parties for that arbitration proceeding.

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ARTICLE III: PAY, HOURS AND BENEFITS

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III.A. WAGES

176. The wage rates for the employees covered by this agreement shall be rounded to the nearest whole dollar, biweekly salary.

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

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

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

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

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

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

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

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

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

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III.B. ADDITIONAL COMPENSATION

1. Wage Corrections, Adjustments, and Studies

186. In addition to the general wage increases provided for above, additional pay increases and adjustments shall apply as described in this section.  

a. Fire Safety Inspectors

187. 1.) Parity.  Fire Safety Inspectors shall receive parity on salary, overtime, holidays, and educational incentives as it pertains to the H-4 Inspector classification.

188. 2.) Fire Protection Engineers – Holidays.  Fire Protection Engineers (5215) shall receive compensatory time equal to the computed rate authorized for the H-4 classification.  The Fire Department may elect to suspend the compensatory time for the 5215 classification and replace it with income at the 5215’s rate. Effective July 1, 2022 the base wage for classification 5215 Fire Protection Engineer shall be increased by five percent 5%.

189. 3.) Other Matters.  Matters of mutual concern may be referred to the Union/City Relations Committee for further consideration.

b. Deep Class -- Class 1241

190. 1.) There will be a 9-step salary plan for class 1241.  

c. Physician Assistants

191. Employees in class (2218) shall receive the same salary as the Nurse Practitioner class (2328). In addition, 2218 Physician Assistants shall receive the following premiums, which are applicable to 2328 Nurse Practitioners:

1. shift differential
2. standby pay
3. quality of care premium
4. jail health services premium
5. weekend premium
6. preceptor and MERT premium

d. Project Management

192. A permanent employee who is assigned by the Appointing Officer as a Project Manager as described by the specifications for classes 5502, 5504, 5506 or 5508 shall receive the rate of pay of the appropriate project manager classification during such assignment.

193. All assignments are subject to review and approval by the Human Resources Director.

194. An employee covered by this Agreement who is assigned to a Project Manager position shall continue to be represented by Local 21 and shall continue to receive all of the benefits granted in this Agreement.

195. Effective July 1, 2024, the base wage for the classifications set forth below shall be increased by two and one half percent (2.5%):

• 5502 Project Manager I
• 5504 Project Manager II
• 5506 Project Manager III
• 5508 Project Manager IV

e.     Information Technology

1.) IS/IT Advisory Committee

196. The City and Union recognize that it is in their mutual interest to provide an Information   Technology work environment that fosters the City’s mission, encourages efficiency, and values employees’ contributions.  The parties also recognize that the delivery of Information Technology services within the City is currently being reorganized.

To ensure open communications between the Union and the City, the parties agree to the following:

197. (i) The parties shall form an Information Technology Advisory Committee which shall include representatives from the City and the Union;

198. (ii) During the reorganization process, the IT Advisory Committee shall meet upon request of the Union to discuss matters involving the reorganization of the delivery of technology services;

199. (iii) The Committee shall continue to meet upon either party’s request to discuss matters concerning the delivery of Information Technology Services within the City, including but not limited to an IT Training Academy, other matters related to core competencies and departmental needs, evaluation of whether to add extended ranges for classifications, the need for a classification study and/or addition of new IT classifications, and availability of promotional opportunities.

2.) Ten (10) Step Salary Schedule for IT Classes

200. For classes in the series 104x, 105x, 106x, 107x and 109x there shall be a ten (10) step salary plan. Employees below Step ten (10) shall advance to each successive step upon completion of six months service.

201. 3.) Effective July 1, 2022, there shall be two (2) additional extended ranges, each at a rate of two and one-half percent (2.5%), for employees in classes 1044 (IS Engineer-Principal) and 1054 (IS Business Analyst-Principal)

202. 4.) Effective July 1, 2024, there shall be two (2) additional extended ranges, each at a rate of two and one-half percent (2.5%), for employees in class 1070 (IS Project Director).

203. 5.) Effective July 1, 2022, employees in classes 1061 (IS Program Analyst-Assistant), 1062 (IS Programmer Analyst), 1063 (IS Programmer Analyst-Senior) and 1064 (IS Programmer Analyst-Principal) shall receive a one-time wage adjustment of two and one-half percent (2.5%); and effective July 1, 2023, employees in classes 1061 (IS Program Analyst-Assistant), 1062 (IS Programmer Analyst), 1063 (IS Programmer Analyst-Senior), and 1064 (IS Programmer Analyst-Principal) shall receive a one-time wage adjustment of two and one-half percent (2.5%).

f. EAP Counselors

204. Employees in class 2594 shall be paid at parity with employees in class 2931.  Employees in class 2595 shall be paid at parity with employees in class 2935.

g. Physical Therapists/Occupational Therapists

205. Employees in classes 2556 Physical Therapist, 2548 Occupational Therapist, 2558 Senior Physical Therapist and 2550 Senior Occupational Therapist shall be eligible for Step 6 after serving two years at Step 5 and will also be eligible for Step 7 after serving one year at Step 6.  Employees shall be eligible for Step 8 after serving one year at Step 7.

h. Physical Therapy Assistants

206. Employees in class 2555 shall be eligible for Step 6 after serving two years at Step 5 and will also be eligible for Step 7 after serving one year at Step 6.

i. Speech Pathologist

207. Employees in class 2542 Speech Pathologist.  Employees shall be eligible for Step 7 after serving two years at Step 6.

j. District Attorney’s Investigative Assistant

208. Effective July 1, 2006, class 8132 District Attorney’s Investigative Assistant shall be eligible for Step 6 after serving one year of service at Step 5.

k. Legislative Analysts

209. Employees in classes 1367 and 1371 who serve as Legislative Analysts and/or Senior Legislative Analysts in the Office of the Legislative Analyst shall receive a seven percent (7%) premium.

l. Construction Inspectors

210. Employees in class 6318 who serve as Resident Engineer shall receive a five percent (5%) premium while serving in such capacity.

m. Sewage Treatment Plant Superintendents

211. Employees in class 5130 who are in possession of an engineering license shall receive a five and one-half percent (5.5%) premium.

n. Public Safety Communications Coordinators

212. Effective July 1, 2018, employees in class 8240 shall receive a one-time wage adjustment of an additional six and forty hundredths percent (6.40%) to their base wage.

o. Deputy Sealer of Weights and Measures

213. Effective July 1, 2019, employees in class 6222 Deputy Sealer of Weights and Measures shall receive a one-time wage adjustment of an additional five and four hundredths percent (5.04%) to their base wage.

p. Supervising Chemists

214. Effective July 1, 2019, employees in class 2488 Supervising Chemist shall receive a one-time wage adjustment of an additional three and seventy-five percent (3.75%) to their base wage. Additionally, effective July 1, 2020, employees in class 2488 Supervising Chemist shall receive another one-time wage adjustment of an additional three and seventy-five percent (3.75%) to their base wage.

q. Supervising Biologists

215. Effective July 1, 2019, employees in class 2485 Supervising Biologist shall receive a one-time wage adjustment of an additional three and seventy-five percent (3.75%) to their base wage. Additionally, effective July 1, 2020, employees in class 2485 Supervising Biologist shall receive another one-time wage adjustment of an additional three and seventy-five percent (3.75%) to their base wage.

r. Surveyors

216. Effective July 1, 2019, employees in classes 5310 Survey Assistant I, 5312 Survey Assistant II, and 5314 Survey Associate shall receive a one-time wage adjustment of an additional one-half percent (0.5%) to their base wage. Additionally, effective July 1, 2020, employees in classes 5310 Survey Assistant I, 5312 Survey Assistant II, and 5314 Survey Associate shall receive another one-time wage adjustment of an additional one-half percent (0.5%) to their base wage.

s. Human Resources Analyst Series

217. Effective July 1, 2022, the base wage for the classifications set forth below shall be increased by five percent (5.0%):

• 1241 Personnel Analyst
• 1244 Senior Personnel Analyst

These wage adjustments shall be applied prior to the application of any other wage increases effective on July 1, 2022.

t. Accountants

218. Effective July 1, 2022, the base wage for the classifications set forth below shall be increased by one and one-half percent (1.5%). Effective July 1, 2023, the base wage for the classifications set forth below shall be increased by two and one-half percent (2.5%):

• 1649 Accountant Intern
• 1652 Accountant II
• 1654 Accountant III
• 1657 Accountant IV
• 1670 Financial Systems Supervisor

u. Health Program Educator

219. Effective July 1, 2022, the base wage for the classification set forth below shall be increased by one percent (1.0%). Effective July 1, 2023, the base wage for the classification set forth below shall be increased by one percent (1.0%):

• 2822 Health Program Educator

v. Senior Health Program Educator

220. Effective July 1, 2022, the base wage for the classification set forth below shall be increased by one percent (1.0%). Effective July 1, 2023, the base wage for the classification set forth below shall be increased by one percent (1.0%):

• 2825 Senior Health Program Educator

w. Estate Investigators

221. Effective July 1, 2022, the base wage for the classifications set forth below shall be increased by two percent (2.0%):

• 4230 Estate Investigator
• 4231 Senior Estate Investigator

x. Architects and Landscape Architects

222. Effective July 1, 2024, the base wage for the classification set forth below shall be increased by 2.66%:

• 5260 Architectural/Landscape Architectural Assistant I

Effective July 1, 2024, the base wage for the classification set forth below shall be increased by 3.48%:

• 5261 Architectural/Landscape Architectural Assistant II

Effective July 1, 2024, the base wage for the classifications set forth below shall be increased by 1.96%:

• 5262 Landscape Architectural Associate I
• 5265 Architectural Associate I
• 5268 Architect
• 5274 Landscape Architect

Effective July 1, 2024, the base wage for the classifications set forth below shall be increased by 3.92%:

• 5266 Architectural Associate II
• 5272 Landscape Architectural Associate II

Effective July 1, 2024, the base wage for the classification set forth below shall be increased by 22.20%:

• 5120 Architectural Administrator

These wage adjustments shall be applied prior to the application of any other wage increase effective on July 1, 2024.

y. EEO Programs Specialists

223. Effective July 1, 2022, the base wage for the classification set forth below shall be increased by 8.63%:

• 1233 EEO Programs Specialists

This wage adjustment shall be applied prior to the application of any other wage increase effective on July 1, 2022.

z. Administrative Analysts

224. No later than August 1, 2023, the Union and City will meet to study equity for the 1823 and 1824 classifications.

aa. IT Operations Support Administrators

225. Effective July 1, 2024, employees in the below classifications shall receive a one-time, additional base wage adjustment of one percent (1%).

• 1091 IT Operations Support Administrator I
• 1092 IT Operations Support Administrator II
• 1093 IT Operations Support Administrator III 
• 1094 IT Operations Support Administrator IV
• 1095 IT Operations Support Administrator V

bb. Street Inspector

226. Effective July 1, 2024, the base wage increase for the classifications set forth below shall be increased by two and one-half percent (2.5%). Effective July 1, 2025, the base wage for the classifications set forth below shall be increased by two and one-half percent (2.5%).

• 6230 Street Inspector
• 6231 Senior Street Inspector
• 6232 Street Inspection Supervisor

cc. Housing Inspectors

227. Effective July 1, 2024, employees in classifications 6270 Housing Inspector, 6272 Senior Housing Inspector, and 6274 Chief Housing Inspector shall receive a one-time, additional base wage adjustment of one percent (1%).

Effective July 1, 2025, employees in classifications 6270 Housing Inspector, 6272 Senior Housing Inspector, and 6274 Chief Housing Inspector shall receive a one-time, additional base wage adjustment of one percent (1%).

2. Acting Assignment Pay

228. Employees assigned by the Appointing Officer or designee to perform a substantial portion of the duties and responsibilities of a higher classification shall receive compensation at a higher salary if all of the following conditions are met:

a. The assignment shall be in writing.
b. The position to which the employee is assigned must be a budgeted position.
c. The employee is assigned to perform the duties of a higher classification for longer than ten (10) consecutive working days or eighty (80) hours.

229. Upon written approval by the Appointing Officer, beginning on the eleventh (11th) day of an acting assignment under this section and retroactive to the first (1st) day of the assignment, an employee shall be paid five percent (5%) above the employee's base salary but such pay shall not exceed the maximum step of the salary grade of the class to which temporarily assigned.  Premiums based on percent of salary shall be paid at a rate that includes out of class pay where the premium is applicable to the class the person is performing in.

230. 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 shall, within fourteen (14) calendar days, provide a written report to the Department of Human Resources explaining why the position has not been filled through the merit-based exam process.

231. Disputes regarding eligibility for acting assignment pay under this Section shall be resolved through expedited arbitration under Section I.E(5)(a) of this Agreement.

3. Acting Assignment Exceptions

232. An employee who believes the employee has been assigned to perform a substantial portion of the duties and responsibilities of a higher classification even though the Acting Assignment criteria have not been met shall be entitled to file a claim for acting assignment pay with the Appointing Officer. The Appointing Officer must respond to the claim, in writing, within 30 days.  If the claim is denied, and the Union wishes to file a grievance, such grievance must be filed through expedited arbitration under Section I.E(5)(a) of this Agreement.  Back pay shall be limited to the date the employee’s claim was filed with the Appointing Officer.

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

4. Supervisory Differential Adjustment

234. The Department of Human Resources is hereby directed to adjust the compensation of a supervisory employee, whose schedule of compensation is set herein subject to the following conditions.

235. a. The supervisor, as part of the regular responsibilities of the supervisor’s class, supervises, directs, is accountable for and is in responsible charge of the work of a subordinate or subordinates.

236. b. The supervisor must actually supervise the technical content of subordinate work and possess education and/or experience appropriate to the technical assignment.

237. c. The organization is a permanent one approved by the appointing officer, chief administrative officer, Board or Department of Human Resources, where applicable, and is a matter of record based upon review and investigation by the Department of Human Resources.

238. d. The classifications of both the supervisor and the subordinate are appropriate to the organization and have a normal, logical relationship to each other in terms of their respective duties and levels of responsibility and accountability in the organization.

239. e. The salary grade of the supervisor is less than one full step (approximately 5%) over the salary grade, exclusive of extra pay (except Project Management Assignment Pay or extended ranges), of the employee supervised.  In determining the salary grade of a classification being paid a flat rate, the flat rate will be converted to a bi-weekly rate and the salary grade the top step of which is closest to the flat rate so converted shall be deemed to be the salary grade of the flat rate classification.

240. f. The adjustment of the salary grade of the supervisor shall be 5% over the salary grade, exclusive of extra pay (except Project Management Assignment Pay or extended ranges), of the employee supervised. DHR clarification of the application of this paragraph is hereby incorporated by reference.
  
241. g. When the salary grade of the supervisor is equal to one full step (approximately 5%) or is over the salary grade, exclusive of extra pay (except Project Management Assignment Pay or extended ranges), of the employee supervised, but the salary of the supervisor is less than one full step (approximately 5%) over the salary of the employee supervised, exclusive of extra pay (except Project Management Assignment Pay or extended ranges), the Appointing Officer may adjust the supervisor’s step to increase the supervisor’s salary to be above the salary of the employee supervised, exclusive of extra pay (except Project Management Assignment Pay or extended ranges).

242. h. A supervisory differential shall be available to employees assigned by the Appointing Officer to supervise one or more employees in the same classification.

243. i. If the application of this section adjusts the salary grade of an employee in excess of the employee’s immediate supervisor, the pay of such immediate supervisor shall be adjusted to an amount $1.00 bi-weekly in excess of the base rate of the supervisor’s highest paid subordinate, provided that the applicable conditions of this section are also met.

244. j. Compensation adjustments are effective retroactive to the beginning of the current fiscal year of the date in the current fiscal year upon which the employee became eligible for such adjustment under these provisions.

245. k. To be considered, requests for adjustment under the provisions of this section must be received in the offices of the Department of Human Resources not later than the end of the current fiscal year.

246. l. In no event will the Human Resources Director approve a supervisory salary adjustment in excess of two (2) full steps (approximately 10%) over the supervisor's current basic compensation.  If in the following fiscal year a salary inequity continues to exist, the Department of Human Resources may again review the circumstances and may grant an additional salary adjustment not to exceed two (2) full steps (approximately 10%).

247. m. Human Resources Department shall review any changes in the conditions or circumstances that were and are relevant to the request for salary adjustment under this section either acted upon by or pending before the Human Resources Director.

5. Lead Person Pay

248. Employees designated by their supervisor as a lead person shall be entitled to a $15.00 per day premium when required to take the lead on any job when at least three other persons are assigned to the job.

6. PUC/CIP Planning Function Assignment Pay

249. Employees in the following classifications shall be eligible for special assignment pay when assigned in writing by the Appointing Officer or designee to a project of the Public Utilities Commission/Capital Improvement Project (PUC/CIP) that exceeds five million dollars, and performing work activities which include responsibility for directing environmental review and regulatory compliance for such projects and their deliverables, from the planning phase to post- construction:

• Biologist I/II (2483)
• Environmental Review Planner III (5298)
• Environmental Review Planner IV (5299)
• Planner II (5278)
• Planner III (5291
• Planner IV (5293)
• Regulatory Specialist (5620)
• Utility Specialist (5602)

250. Qualifying employees shall receive a premium equal to 5% of base salary for hours that duties described above are actually worked.

251. PUC/CIP planning function assignment pay shall not be available to any employee receiving supervisory differential adjustment, acting assignment pay, or CIP leadership pay.  Employees assigned to a project manager classification shall not be eligible to receive this premium.

252. This provision shall expire on June 30, 2027.

7. Supervisory Differential for Classification 2924 Medical Social Work Supervisor

253. Where appropriate in accordance with other provisions of this Section, classification 2924 Medical Social Work Supervisor shall receive a 5% supervisory differential, when as part of the regular responsibilities of the supervisor’s class the supervisor supervises, directs, is accountable for and is in responsible charge of the work of a subordinate or subordinates whose salary grade, exclusive of extra pay, is less than 5% below compensation of the 2924 Medical Social Work Supervisor.

8. Licensed Civil/Geotechnical/Structural Engineers

a.  Licensed Civil/Structural Engineers

254. Licensed Civil Engineers in Engineering classifications who also possess and maintain a structural engineer's license issued by the State of California and who are assigned structural engineering work shall be paid a premium of two (2) steps in addition to their current rate of pay when so assigned as certified in writing by the appointing officer.

b. Licensed Civil/Geotechnical Engineers

255. Licensed Civil Engineers in the following Engineering classifications, 5207, 5241, 5211,and 5212, who also possess and maintain a geotechnical engineer's license issued by the State of California and who are assigned geotechnical work shall be paid a premium of two (2) steps in addition to their current rate of pay when so assigned as certified in writing by the appointing officer.

9. Certificate of Competency 

256. Employees in classes 5220 and 5222 who possess a certificate of competency from the State Water Resources Control Board shall receive a four percent (4%) premium payment. In addition to the employee’s basic wage.  Any employee, including those in class 6106, who is receiving this premium on June 30, 2001 shall continue to receive the premium during the life of this agreement.
    
257. Employees assigned to the 2478 Senior Sewage Treatment Chemists class or its successor
class who are required by the City to possess a Certificate of Competency by the State Water Resources Control Board in order to perform their job duties shall continue to receive $25.00 per pay period in addition to the employee’s basic wage for the life of this agreement.

10. Bilingual Premium

258. 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 including 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.

259. 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.

11. Advanced Appraiser Certification Premium

260. Employees in classes 4220 Tax Auditor-Appraiser, 4222 Senior Tax Auditor-Appraiser, 4224 Principal Tax Auditor-Appraiser, 4261 Real Property Appraiser, 4265 Senior Real Property Appraiser and 4267 Principal Real Property Appraiser who possess and maintain any or all of the following advanced appraiser certificates shall receive a lump sum payment of three thousand dollars ($3000) for each fiscal year the certification is maintained:

1. An Advanced Appraisers Certificate issued by the California State Board of Equalization; or
2. A Certified General Appraiser certificate issued by the California Office of Real Estate Appraisers; or
3. An “MAI” designation issued by the Appraisal Institute

261. The lump sum payment shall be paid out annually on the first pay period beginning on or after July 1st.

12. Certified Hand Therapist Premium

262. Employees in the classifications 2548 Occupational Therapist, 2550 Senior Occupational Therapist, 2556 Physical Therapist and 2558 Senior Physical Therapist who possess and maintain on file proof of certification as a Certified Hand Therapist and who are assigned by the Appointing Authority to perform hand therapy work shall be paid a five percent (5.0%) premium payment on base pay while engaged in hand therapy work.

13. EEO Premium

263. Employees in class 1231 Assistant Manager, Equal Employment Opportunity Programs, in the Department of Human Resources Equal Employment Opportunity Division who are assigned to review the work of departmental Equal Employment Opportunity officers (class 1231 or higher) for compliance with Human Resources Director's procedures for investigation or resolution of employment discrimination complaints or for reasonable accommodation of employees with disabilities shall receive a premium equal to five percent (5.0%) of base pay.

14. Legislative Assistant Premium

264. Appointments in class 1835 Legislative Assistant above Step 1 may only be made by an Appointing Officer with the approval of the Human Resources Director and only if the appointment would result in a loss of compensation if the appointee were to accept the position at Step 1.

265. Employees in class 1835 Legislative Assistant whose performance in that job class has been satisfactory to the City for at least four consecutive years, with at least one year of satisfactory service at Step 5, shall receive a premium equal to 5.0% of base pay.        

266. Effective July 1, 2016, class 1835 Legislative Assistant shall receive a 2.5% wage increase in addition to the general wage increase provided for under Section III.A. Wages.

15. Housing Inspector Certification Premium

267. Employees in the classifications 6270 Housing Inspector, 6272 Senior Housing Inspector and 6274 Chief Housing Inspector who possess and maintain any of the following certifications shall be granted additional premium pay as follows above the base rate per hour for each certification.  The combined total of these premiums shall not exceed 4.0%:

1. ICC Property Maintenance and Housing Inspector - 2.0%
2. ICC Residential Building Inspector or Building Inspector - 2.0%
3. ICC Building Code Accessibility Specialist - 2.0%
4. State of California Registered Environmental Health Specialist - 2.0%

16. OSHPD Premium

268. Employees in an Architectural, Engineering or related classification who possess and maintain an OSHPD certification issued by the State of California and who are assigned by the Appointing Authority and performing engineering work requiring the use of an OSHPD certification shall be paid a five percent (5.0%) premium on base pay.

17. Public Safety Communication Coordinator Premium

269. Employees in class 8240 Public Safety Communications Coordinator who possess and maintain one or more of the following shall be paid a four percent (4.0%) premium on base pay:

1. AA or AS degree in public safety, business or related field; or
2. BA or BS degree in public safety, business or related field; or
3. Ten (10) years of service in the public safety field and completion and maintenance of the following ongoing training requirements: a) CPR certification; b) Emergency Medical Dispatcher Certification through the National Academy of Emergency Dispatch; and c) Emergency Fire Dispatcher Certification through the National Academy of Emergency Dispatch.

18. Purchasing Manager Certification Premium

270. Employees in classes 1950 Assistant Purchaser, 1952 Purchaser, 1956 Senior Purchaser and 1958 Supervising Purchaser who possess and maintain certification for any or all of the following shall receive a three percent (3.0%) premium payment on base pay:

1. Certified Purchasing Manager (CPM) issued by the Institute of Supply Management
2. Certified Professional in Supply Management (CPSM) issued by the Institute of Supply Management
3. Certified Professional Public Buyer (CPPB) issued by the National Institute of Governmental Purchasing
4. Certified Public Purchasing Officer (CPPO) issued by the National Institute of Governmental Purchasing

19. Standby Pay 

271. Employees who receive this premium shall respond immediately when paged or called. Employees who, as part of the duties of their positions are required by the appropriate employer representative to stand by when normally off duty to be instantly available on call to perform their regular duties, shall be paid 10% of base pay for the period of such standby service when outfitted by their Department with a cell phone or other electronic communication device. When such employees are paged or called to perform their regular duties during the period of such standby service, they shall be paid their usual rate of pay for either a quarter hour or the actual time worked, whichever is greater, while engaged in such service. For Z-symbol employees, standby pay shall not be allowed unless the employee is assigned in writing to standby for emergencies that directly threaten the health or safety of the public and/or City employees or that relate to the City’s information and communication systems. Employees reporting directly to Department Heads are not eligible for standby pay. 

272. The standby rate for Class 2218 Physician Assistant shall be the same as that for Class 2328 Nurse Practitioner.  

20. Call Back

273. Employees (except those at remote locations where City supplied housing has been offered, or who are otherwise being compensated) who are called back to their work locations following the completion of their work day and departure from their place of employment, shall be granted a minimum of four (4) hours pay at the applicable rate or shall be paid for all hours actually worked at the applicable rate, whichever is greater.  This section shall not apply to employees who are called back to duty when on stand-by status.  The employee's work day shall not be adjusted to avoid the payment of this minimum.

21. Night Duty

274. Employees shall be paid eight percent (8%) more than the base rate for each hour worked between 5:00 p.m. and 7:00 a.m. provided that the employees’ regular shift includes at least one (1) hour between 5:00 p.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 5:00 p.m. and 7:00 a.m.

275. Employees shall be paid ten percent (10%) more than the base rate for each hour worked between the hours of midnight (12:00 a.m.) and 7:00 a.m. provided that the employees’ regular shift includes at least five (5) hours between the hours of midnight (12:00 a.m.) and 7:00 a.m.

22. County Surveyor Premium

276. If assigned in writing by the Director of Public Works to carry out the duties and responsibilities of the County Surveyor, an employee in this assignment will receive a five percent (5%) premium payment in addition to the employee’s basic wage during the duration of that assignment.

23. Underwater Diver Pay

277. Represented employees shall be paid $12.00 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, or while actually providing on site supervision of an underwater dive as a part of the PUC’s dive operations or supervising the critical planning phases of an underwater dive as part of the PUC’s dive operations.

24. MTA Performance/Attendance Incentive Pay

278. The Municipal Transportation Agency (MTA) and the Union agree that represented employees at the MTA are eligible for any reward program that the MTA may choose to establish for those employees pursuant to Charter Section 8A.100 for the purpose of incentivizing the attainment of service, performance and/or attendance goals.

25. Licensed Planner Architects Premium

279. Employees in the Planner III (5291) and Planner IV (5293) classifications, covered by this Agreement, who are required to hold an architecture license for their position, shall be paid a premium of 5%.

26. Extended Ranges

280. 1. Employees in classifications listed in the paragraph below shall be eligible for placement in an extended salary range with a value not to exceed 7.5%, except for class 1044 and 1054 that have 2 additional steps and a max of 12.5%, of the top step of the classification’s existing salary range.  

281. 2. The following classifications are eligible for placement in an extended salary range under this section:

a. IS Engineer-Principal (1044)  
b. IS Business Analyst-Principal (1054)
c. IS Programmer Analyst-Principal (1064)
d. IS Project Director (1070)
e. Equal Employment Opportunity Programs Senior Specialist (1231)
f. Training Officer (1232)
g. Principal Personnel Analyst (1246)
h. Recruiter (1250)
i. Public Relations Officer (1314)
j. Senior Systems Accountant (1657) 
k. Financial Systems Supervisor (1670)
l. Supervising Auditor (1686)
m. Senior Statistician (1806) 
n. Principal Administrative Analyst II (1825)
o. Performance Analyst III - Project Manager (1830)
p. Supervising Purchaser (1958)
q. Physician’s Assistant (2218)
r. Forensic Toxicologist (2458)
s. Laboratory Services Manager (2489)
t. Health Program Coordinator III (2593) (Removed effective July 1, 2025)
u. Senior Employee Assistance Counselor (2595)
v. Volunteer/Outreach Coordinator (3374)
w. Principal Real Property Officer (4143)
x. Principal Personal Property Auditor (4224)
y. Principal Real Property Appraiser (4267)
z. Sewage Treatment Plant Superintendent (5130)
aa. Safety Officer (5177)
bb. Industrial Engineer (5209)
cc. Principal Engineer (5212)
dd. Chief Surveyor (5216)
ee. Principal Architect (5273)
ff. Planner V (5283)
gg. Traffic Sign Manager (5306)
hh. Project Manager I-IV (5502-5508)
ii. Principal Environmental Specialist (5644)
jj. Senior Industrial Hygienist (6139)
kk. Chief Housing Inspector (6274)
ll. District Attorney Investigative Assistant (8132)
mm. Legal Assistant (8173)
nn. Signal & Systems Engineer (9197) 
oo. Feasibility Analyst, Port (9377)
pp. Senior Property Manager, Port (9386)

282. 3. The parties may agree to provide extended salary ranges for additional classifications; provided, however, that extended ranges shall be limited to those classes where there is no further in-unit promotive opportunity.

283. 4. Subject to the requirements set forth in this section, Appointing Officers may seek
approval to place incumbent employees at a rate of pay in an extended range based
on consideration of whether the adjustment would serve one or more of the
following purposes:

    a)  to address demonstrated recruitment or retention issues;
    b)  to compensate an employee exercising a special skill; 
    c)  to compensate for a special project of limited duration; and/or
    d)  to recognize exemplary performance.

284. 5. Subject to the requirements as set forth in this section, Appointing Officers may select employees in the above eligible classifications for temporary placement in an extended range.  For example, employees may be temporarily placed in an
extended range to compensate for assignment to a special project of limited duration; placement in an extended range would be granted for the duration of that special assignment only.

285. 6. Placement in an extended salary range shall be assigned in increments of 2.5% above base pay (i.e., placement may be at 2.5%, 5.0% or 7.5% above base pay), set at the nearest existing salary grade, not to exceed 7.5% above base pay, except for classes 1044 and 1054 as described above.  

286. 7. The Department of Human Resources shall verify that employees selected for placement in an extended range under this section satisfy the foregoing criteria upon written certification by the Appointing Officer detailing the basis for the placement.  

287. 8. Placement in extended salary ranges under this section shall be funded through Departmental budgets, and shall require certification by the Controller’s Office and the Mayor’s Budget Office that adequate funds are available.

288. 9. Employees placed in an extended range under this section shall not be eligible to receive additional pay under any of the following:

a. The Pilot Capital Project Incentive Program pursuant to the Capital Projects MOU Addendum (Appendix C of this Agreement); or
b. Leadership Pay or Special Skills Pay pursuant to the Capital Projects MOU Addendum (Appendix C of this Agreement); or
c. Acting Assignment Pay pursuant to section III.B of this Agreement; or 
d. Supervisory Differential Adjustment section III.B of this Agreement.

289. 10. The City and the Union agree to work cooperatively to ensure the success of this program.

290. 11. Placements in extended ranges under this section are discretionary. The granting or failure to grant placement in an extended range is not subject to the grievance procedure or any other type of appeal.

27. 2593 Health Program Coordinator III

291. Effective July 1, 2025, classification 2593 Health Program Coordinator III has 8 steps and employees shall be eligible to advance through these steps based on one (1) year at the preceding step.

292. Effective July 1, 2025, employees who have completed twelve (12) months of service at Step 5 shall be eligible for Step 6. Effective July 1, 2025, employees who have completed 12 months of service at Step 6 shall be eligible for Step 7.  Effective July 1, 2025, employees who have completed 12 months of service at Step 7 shall be eligible for Step 8.

28. Height Work Pay

293. Employees in the Sign Worker class (7457), covered by this Agreement, who are required to perform Height Work from a Bos'n Chair, or boom or similar equipment as determined by the Appointing Officer, shall be compensated at the rate of $2.00 per hour above the base rate of pay for the hours actually spent doing height work in the Bos'n Chair, or boom or similar equipment as determined by the Appointing Officer. Height Work is work performed two floors or fourteen feet (whichever is less) above ground or water.

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III.C. SALARY STEP PLAN AND SALARY ADJUSTMENT

294. 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 

295. An employee who has completed a probationary period and who is appointed to a position in a higher classification, either permanent or temporary, deemed to be promotive by the Civil Service Commission shall have the employee’s salary adjusted to that step in the promotive class as follows:

296. a. The employee shall receive a salary step in the promotive class which is closest to an adjustment of ten percent (10%) above the salary received in the class from which promoted.  The proper step shall be determined in the bi-weekly compensation grade and shall not be above the maximum of the salary range of the promotive class. The promotive appointment date shall be the employee’s new salary anniversary date.

2. Non-promotive Appointment

297. When an employee accepts a non-promotive appointment in a classification having the same salary grade, or a lower salary grade, 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 grade.  Further increments shall be based upon the seniority increment anniversary date in the prior appointment.

3. Appointment Above Entrance Rate 

298. Appointments may be made by an appointing officer at any step in the salary grade upon the approval of the Human Resources Director under one or more of the following conditions:

299. a. A former permanent City employee, following resignation with service satisfactory, is being reappointed to a permanent position in the employee’s former classification.

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

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

302. d. The appointee possesses special experience, qualifications, and/or skills including, but not limited to, the number of years performing similar work elsewhere which, in the Appointing Officer’s opinion, warrants appointment above the entrance rate.

303. e. When the Human Resources Director approves appointments of all new hires in a classification at a step above the entrance rate, the Human Resources Director may advance to that step incumbents in the same classification who are below that step.

4. Reappointment Within Six Months 

304. 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 Adjustments 

a. Salary Increase in Next Lower Rank Classification.

305. When a classification that was formerly a next lower rank in a regular civil service promotional examination receives a salary grade higher than the salary grade of the classification to which it was formerly promotive, the Department of Human Resources shall authorize a rate of pay to an employee who was promoted from such lower class equivalent to the salary the employee would have received had the employee remained in such lower class, provided that such employee must file with the Department of Human Resources an approved request for reinstatement in accordance with the provisions of the Civil Service Commission rule governing reinstatements to the first vacancy in the employee’s former classification, and provided further that the increased payment shall be discontinued if the employee waives an offer of promotion from the employee’s current classification or refuses an exempt appointment to a higher classification.  This provision shall not apply to offers of appointment which would involve a change of residence.

306. The special rate of pay herein provided shall be discontinued if the employee fails to file and compete in any promotional examination for which the employee is otherwise qualified, and which has a salary grade higher than the protected salary of the employee.

b. Flat Rate Converted to Salary Range.

307. An employee serving in a class in the prior fiscal year at a flat rate which flat rate is changed to a salary grade number during the current fiscal year shall be paid on the effective date of such change the step in the current salary grade closest to, but not below, the prior flat rate and shall retain the original anniversary date for future increments, when applicable.

c. Continuation of Salary Step Earned Under Temporary Appointment.

308. When an employee is promoted under temporary appointment to a higher classification during a prior fiscal year and is continued in the same classification without a break in service in the current fiscal year, or is appointed to a permanent position in the same classification, such appointment shall be in accordance with the provisions of this MOU, provided that the salary shall not be less than the same step in the salary grade the employee received in the immediately prior temporary appointment.

d. Salary Anniversary Date Adjustment.

309. Permanent employees working under provisional, exempt or temporary appointments in other classifications shall have their salary adjusted in such other classifications when such employees reach their salary anniversary date in their permanent class unless their provisional, exempt or temporary appointment was a promotive appointment, in which case the salary anniversary date is the date of the employee’s promotion.

6. Compensation Upon Transfer or Reemployment 

a. Transfer.

310. An employee transferred 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 Classification Following Layoff.

311. 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 Classification.

312. 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 Classification.

313. 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 step in the salary grade for the classification closest to, but not below, the prior salary amounts, provided that salary shall not exceed the maximum of the salary grade.

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III.D. METHODS OF CALCULATION

1. Monthly

314. An employee whose compensation is fixed on a monthly basis shall be paid monthly or bi-weekly in accordance with State Law or other applicable provision. There shall be no compensation for time not worked unless such time off is authorized time off with pay.

2. Bi-Weekly

315. 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.

3. Per Diem or Hourly

316. 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.

4. Weekly

317. An employee whose compensation is fixed on a weekly basis shall be paid bi-weekly 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.

5. Conversion of Annual or Monthly Rates to Semimonthly or Bi-Weekly

318. When rates of compensation provided on an annual or monthly basis are converted to bi-weekly rates for payroll purposes and the resulting amount involves a fraction of a cent, the converted bi-weekly rate shall be adjusted to eliminate such fraction of a cent on the following basis:

a. A fraction of less than one-half (1/2) shall be dropped and the amount reduced to the next full cent.

b. A fraction of one-half (1/2) or more shall be increased to the next full cent.

6. Daily Rates for Monthly and Bi-Weekly

319. A day's pay shall be determined by dividing the number of work days in a normal work schedule in a monthly payroll period (including specified holidays) into the monthly salary established for the position, or the amount of a day's pay shall be 1/10th of the compensation of a normal work schedule in a bi-weekly period (including specified holidays).

7. Conversion to Bi-Weekly Rates

320. Rates of compensation established on other than bi-weekly basis may be converted to bi-weekly rates by the Controller for payroll purposes.

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III.E. FLEXIBLE STAFFING

321. Flexible Staffing Program allows for promotion and career advancement of qualified and successful incumbents. Departments are encouraged to consider the Flexible Staffing Program whenever possible. The Flexible Staffing Program is governed by the Civil Service Rules and not subject to the grievance procedure.

322. DHR (Department of Human Resources) and applicable departments shall convene discussions with six (6) designated Union Representatives towards developing the Flexible Staffing Program for all classifications for which a promotive line is identified. Meetings shall occur at a minimum period of once per quarter and start no later than January 1, 2025.

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III.F. SENIORITY INCREMENTS

1. Advancement Through Salary Steps 

323. a. Except as specifically provided in Section III.B., permanent employees shall advance to each successive step upon completion of one (1) year of required service.

324. 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 (1) year required service.  Further increments shall accrue following completion of the required service at this step and at each successive step.

2. Date Increment Due

325. Increments shall accrue and become due and payable on the next day following completion of required service as an employee in the class, unless otherwise provided herein.

3. Schedule of Salary Increments 

326. The schedule of seniority increments will be set forth in, and is hereby made a part of, Appendix B (Schedules of Compensation).

4. Exceptions

327. a. 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 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 unsatisfactory performance occurs within the sixty (60) days before the employee’s salary anniversary date, the Appointing Officer shall provide the notice and basis for the intent to withhold a step increase within a reasonable time.

328. b. 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, maybe 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.      

329. c. An 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.

330. d. When records of salary grade are established and maintained by electronic data processing, then the following shall apply:

331. 1.) An employee certified to permanent appointment or appointed to a permanent position exempt from Civil Service, shall be compensated under such appointment at the beginning step of the salary grade plan, unless otherwise specifically provided for in the MOU.  Employees under permanent Civil Service appointment shall receive salary adjustments through the steps of the salary grade plan by completion of actual paid service in total scheduled hours equivalent to one year or six months, whichever is applicable.

332. 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.

333. e. Advancement through the increment steps of the salary grades shall accrue and become due and payable on the next day following completion of required service as a permanent appointee in the class; provided that the above procedure for advancement to the salary grade increment steps is modified as follows:

334. 1.) An employee who during that portion of the employee’s anniversary year prior to January 1 of the current calendar 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 current calendar year.

335. 2.) An employee who during that portion of the employee’s anniversary year prior to January 1 of the current calendar 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 prior to January 1 of the current calendar year.

5. Receipt of Paychecks

336. The City agrees to take all reasonable non-cost measures to reduce the delay between the last day of the pay period and the receipt of paychecks.

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III.G. WORK SCHEDULES

1. Regular Work Schedules

a. Regular Work Day.

337. Unless otherwise provided in this Agreement, a regular workday is a tour of duty of eight (8), consecutive hours of work completed within not more than nine (9) hours.

b. Regular Work Week.

338. A regular workweek is a tour of duty of worked hours on each of five (5) consecutive days within a seven day period. However, employees who are moving from one shift or one work schedule to another may be required to work in excess of five consecutive working days in conjunction with changes in their work shifts or schedules.

339. Employees shall receive no compensation when properly notified (2-hour notice) that work applicable to the classification is not available because of inclement weather conditions, shortage of supplies, traffic conditions, or other unusual circumstances.  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.

340. 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.

2. Flexible Work Schedule

341. All classifications of employees having a normal workday may, with the appointing authority’s permission voluntarily work in a flex-time program authorized by the appointing officer under the following conditions:

342. a. The employee must work five (5) days a week and forty (40) hours per week.

343. b. The employee must execute a document stating that the employee is voluntarily
participating in a flex-time program.  Such changes in the work schedule shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as those provided to employees on a “Regular Work Week” as defined in Section III.G(1) above.  This provision shall not be grievable or arbitrable.

3. Alternate Work Schedule 

344. By mutual agreement the City and the Union may enter into cost equivalent alternate work schedules for some or all represented employees.  Such alternate work schedules may include full-time work weeks of less than five (5) days; or a combination of features mutually agreeable to the parties.  Requests for alternate work schedules shall not be denied in an arbitrary or capricious manner.  Such changes in the work schedule shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as those provided to employees on five (5) day, forty (40) hour a week schedules.  A “Regular Work Week” as defined in Section III.G(1) above.

4. Voluntary Reduced Work Week

345.    Employees subject to approval by an appropriate employer representative 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 computed proportionately in accordance with such reduced work week.

5. Voluntary Time Off Program (“VTOP”) 

346. The mandatory furlough provisions of CSC Rule 120.28 shall not apply to covered employees.

6. General Provisions

347. 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.

348. 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.

7. Restrictions on Use of Paid Time Off while on Voluntary Time Off

349. All voluntary unpaid time off granted pursuant to this section shall be without pay.

350. 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.

8. Duration and Revocation of Voluntary Unpaid Time Off

351. Approved voluntary time off taken pursuant to this section may not be changed by the appointing officer without the employee’s consent.

9. Notice of Change in Work Schedule

352. Except in cases of emergency, when management initiates a change in an employee's work schedule, management will use best efforts to provide two (2) weeks advance notice, and at a minimum, at least seventy-two (72) hours’ notice will be given whenever practicable.

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III.H. OVERTIME COMPENSATION AND COMPENSATORY TIME

353. Appointing officers may require employees to work longer than the normal workday or longer than the normal workweek. For full time employees, any time worked under proper authorization of the appointing officer or designee or any hours suffered to be worked in excess of the regular or normal workday or workweek shall be treated as follows:

354. 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.

355. For purposes of this Article, the terms: “time worked", “hours worked”, or “actual hours worked” includes time actually worked and time paid but not worked on recognized City holidays identified in Article III.I. paragraph 353.

356. Employees occupying executive, administrative, or professional positions designated by a “Z” symbol in the Annual Salary Ordinance shall not be paid for overtime worked but shall be granted compensatory time off at the rate of one-and-one-half times for time worked in excess of regular work schedules as defined in this Article.  However, as authorized by and pursuant to the restrictions of the Annual Salary Ordinance, the “Z” symbol may be suspended to allow overtime payment, subject to the availability of funds, and pursuant to approval of the Director of Human Resources.  The “Z” symbol may be suspended for individual positions in a classification.  Employees in positions whose “Z” symbol has been suspended may not earn/accrue compensatory time for the duration of the suspension of the “Z” symbol.

1. Non-Z Designated Classifications:

Employees classified Non-Z or L are compensated for overtime subject to the following:

357. a. For employees working a regular 8-hour per day schedule, overtime at one and
one-half the base hourly rate (including a night differential where applicable) for actual hours worked in excess of 8 hours in a day or for hours worked in excess of 40 in a week;

358. b. For employees working a flex-time schedule as described above, overtime at one and one-half the base hourly rate (including a night differential where applicable) for actual hours worked in excess of 40 in a week;

359. c. For employees working alternative schedules as described above, overtime at one and one-half the base hourly rate (including a night differential where applicable) for hours worked in excess of the number of hours in a workday as set forth in an alternative work schedule or for actual hours worked in excess of 40 hours in a week.  Overtime for employees working a 9/80 schedule is based on the FLSA workweek designated in such a schedule.

360. d. 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.  Compensatory time shall be earned at the rate of time and one-half.

361. e. Effective July 1, 2019, employees in Non-Z or L designated job classifications may not accumulate a balance of compensatory time in excess of one hundred twenty (120) hours. Any employees who have a compensatory time balance in excess of one hundred twenty (120) hours on July 1, 2019 may maintain their compensatory balances, but may not accrue any additional compensatory time until their balance drops below one hundred twenty (120) hours.

362. f. Employees in Non-Z or L designated job classifications may not earn more than one hundred twenty (120) hours of compensatory time in a fiscal year.

363. g. When an employee is appointed to a position in another department, the employee’s entire compensatory time balances shall be paid out at the rate of the underlying classification prior to appointment.

364. h. When an employee is appointed to a position in a higher, Non-Z or L designated
classification or is appointed to a position in a Z- designated classification, the employee’s entire compensatory time balances shall be paid out at the rate of the lower classification prior to promotion.

365. i. When overtime is necessary, it shall be distributed fairly, subject to employee qualifications and availability.

2. Z-Designated Classifications

366. Except as otherwise required by the Fair Labor Standards Act, compensatory time may be accrued as follows:  

367. a. An employee shall not maintain a balance of more than one hundred sixty (160) hours of compensatory time.

368. Compensatory time earned will be reported to each employee.

369. In order to allow employees the opportunity to take compensatory time off (CTO), upon receipt of such notice of accrual of one hundred and sixty (160) hours of accrued compensatory time, the employee shall request days off as CTO within the next three (3) to six (6) month period.  The department shall not unreasonably deny a CTO request pursuant to this paragraph.  CTO will be taken in full workday blocks unless an alternative is mutually agreed upon.  Scheduling shall be by mutual agreement.

370. Compensatory time cannot be cashed out.  Exceptions to normal work schedules for which no extra compensation is authorized may be granted in accordance with section 1.3 of the Annual Salary Ordinance.

3. Part-Time Employees

371. Part-time employees shall not be entitled to overtime compensation or time off for work performed in excess of their specified normal hours until they exceed eight (8) hours per day or forty (40) hours per week.

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III.I. FAIR LABOR STANDARDS ACT

372. To the extent that the 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.J. HOLIDAYS

373. Except when normal operations require, or in an emergency, employees shall not be required to work on the following days hereby declared to be holidays for such employees:

• January l (New Year’s Day)
• the third Monday in January (Martin Luther King, Jr.’s Birthday) 
• the third Monday in February (President’s 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 (Veteran’s Day) 
• Thanksgiving Day
• the day after Thanksgiving 
• December 25 (Christmas Day)

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

375. The City shall accommodate religious belief or observance of employees as required by law.

376. Employees shall be granted floating holidays as set forth below:

377. Five (5) floating days off (forty (40) hours) to be taken on days selected by the employee subject to prior scheduling approval of the appointing officer. 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 days off upon appointment.  Floating Holidays received in one fiscal year but not used shall be carried forward to the next succeeding fiscal year.  The maximum number of floating holidays carried forward to a succeeding fiscal year shall not exceed the total number of floating holidays received in the previous fiscal year, and at no time shall employees be able to accumulate more than 80 hours of floating holidays.  No compensation of any kind shall be earned or granted for floating days off not taken.

378. 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.

379. 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 Section 7.702 of the Charter.  Those employees who work on a Friday which 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. The City shall provide one week’s advance notice to employees scheduled to work on the observed holiday, except in cases of unforeseen operational needs.

1. Holiday Compensation for Time Worked

380. Employees required by their respective City representative to work on any of the above-specified or to substitute holidays excepting Fridays observed as holidays in lieu of holidays falling on Saturday, shall be paid for the legal holiday plus extra compensation of one (1) additional day’s pay at time and one-half (1-1/2) the usual rate in the amount of twelve (12) hours’ pay for eight (8) hours worked or a proportionate amount of less than eight (8) hours worked; provided, however, that at an employee’s request and with the approval of the appointing officer, an employee may be granted compensatory time off in lieu of paid overtime.

381. Executive, administrative and professional employees designated with the “Z” symbol and who the City believes are exempt under the provisions of the Fair Labor Standards Act 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 (1½) times for work on the holiday.

2. Holidays for Employees on Work Schedules Other Than Monday Through Friday 

382. Employees assigned to seven (7) day-operation departments or employees working a five (5) 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.

383. If the provisions of this section deprive an employee of the same number of holidays that an employee receives who works Monday through Friday, s/he 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 employer representative.  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 holidays than an employee on a Monday through Friday work schedule.

384. Departments will use their best efforts to grant each employee qualifying for paid holidays at least one (1) of the following two (2) holidays off:  Christmas Day and the following New Year’s Day.

3. Holiday Pay for Employees Laid Off

385. An employee who is laid off at the close of business the day before a holiday who has worked not less than five (5) previous consecutive workdays shall be paid for the holiday.

4. Employees Not Eligible for Holiday Compensation 

386. 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 employed on as-needed, seasonal or project basis for less than six (6) months continuous service, or persons on leave without pay status immediately preceding or immediately following the legal holiday shall not receive holiday pay.

5. Part-time Employees Eligible for Holidays 

387. Part-time employees who regularly work a minimum of twenty (20) hours in a bi-weekly pay period shall be entitled to holiday pay on a proportionate basis.

388. 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 a holiday based upon the ratio of 1/10 of the total hours regularly scheduled to work in a bi-weekly pay period. The computation of holiday time off shall be rounded to the nearest hour.

389. The proportionate amount of holiday time off shall be taken in the current or next fiscal year in which the holiday falls. Holiday time off shall be taken at a time mutually agreeable to the employee and the appropriate employer representative.

6. Holiday Compensation for Employees Working Alternative Work Schedules

390. Nine (9), ten (10) and twelve (12) hour employees shall receive full holiday compensation for the regularly scheduled shift worked on a holiday.

7. Z Employees

391. No designated “Z” employee shall receive overtime pay for working on a holiday.  All such overtime shall be compensated in the form of compensatory time accrued.

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III.K. VACATION

1. Definitions

392. “Continuous service” for vacation allowance purposes means paid service pursuant to a regular work schedule which is not interrupted by a breach in paid service.

2. Award and Accrual of Vacation

393. Vacation benefits are set pursuant to San Francisco Charter Section A8.440, as follows:

394. An employee does not accrue vacation allowance in the first year of continuous service, however, at the end of one (1) year of continuous service, an employee shall be awarded a vacation allowance computed at the rate of .0385 of an hour for each hour of paid service in the preceding year.

395. At the end of five (5) years of continuous service, an employee shall be awarded a one-time vacation allowance computed at the rate of .01924 of an hour for each hour of paid service in the preceding year except that the amount of the vacation allowance shall not exceed forty (40) hours.

396. At the end of fifteen (15) years of continuous service, an employee shall be awarded a one-time vacation allowance computed at the rate of .01924 of an hour for each hour of paid service in the preceding year except that the amount of the vacation allowance shall not exceed forty (40) hours.

397. Pursuant to San Francisco Charter Section A8.440 and San Francisco Administrative Code Section 16, the maximum number of vacation hours an employee may accrue consists of two hundred and forty (240) hours carried forward from prior years plus the employee’s maximum vacation entitlement which is based on the number of years of service. The maximum number of vacation hours which an employee may accrue is as follows:

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III.L. TIME OFF FOR VOTING

398. 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.M. JURY DUTY

399. An employee shall be provided leave with pay on a work day when the employee serves jury duty, provided the employee gives prior notice of the jury duty to the supervisor.

400. Employees assigned to jury duty whose regular work assignments are swing, graveyard, or weekend shifts shall not be required to work those shifts when serving jury duty, provided the employee gives prior notice of the jury duty to the supervisor.

401. 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.

402. If an employee is required to call-in during the work day for possible midday jury duty, the employee shall coordinate in advance with the employee’s supervisor about whether and when to report to work.

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III.N. PROVISIONAL EMPLOYEES

403. Non-permanent employees, defined as employees with no permanent classification or employees with a permanent classification serving in another classification, shall be entitled to the following:
    
404. 1. Non-permanent employees shall be treated as permanent employees with respect to health and welfare benefits, compensation and salary steps, seniority, retirement (upon completion of 1040 hours in any twelve month period), and leave benefits, including but not limited to sick leave, vacation and personal leave.

405. 2. Upon permanent appointment, time worked as a provisional appointment in the same classification under the same appointing authority shall be treated as time worked and credited to the employee’s probationary period as defined and administered by the Civil Service Commission.  Provided however, upon permanent appointment, all employees must serve no less than a thirty-day probationary period as defined and administered by the Civil Service Commission regardless of time worked in the provisional appointment.

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III.O. PER-DIEM REHABILITATION PROFESSIONALS

406. In lieu of benefits, Per Diem (as-needed) employees shall be paid at a wage rate no lower than step 5.  When an as-needed per-diem accepts a regularly-scheduled position (FT or PT, permanent or provisional civil service status) the employee shall be paid at no lower than a step 3 wage rate, but dependent upon their experience, may be placed at a higher step at the discretion of the Appointing Officer.  Per-diems who accept employment to a permanent or provisional civil service position, will receive all the benefits granted to a permanent employee with the exception of health and retirement benefits, which will accrue upon the completion of 1040 hours for employees granted provisional positions, and “just cause,” which will be available to the employee upon completion of the equivalent of a probationary period (when appointed provisionally) or the completion of a probationary period (when appointed to a permanent position).

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III.P. HEALTH AND WELFARE AND DENTAL INSURANCE

1. City Contribution

407. The City agrees to maintain health and dental benefits at present levels for the life of the Agreement.

a. Health coverage

408. 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:

1) Employee Only:

409. 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.

2) Employee Plus One:

410. 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.

3) Employee Plus Two or More:

411. 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.

4) Contribution Cap

412. 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.

5) Average Contribution Amount

413. 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.

b. Medically Single Employees Outside of Health Coverage Areas

414. The provisions in section III.P.1.a.1. of this Agreement 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.

c. Other Terms Negotiable

415. While the parties have agreed in this section not to negotiate any changes to the Percentage-Based Contribution Model, the parties are free to make economic proposals to address any alleged impact of the health contribution levels described above or other health related issues not involving the percentage-based contribution model (e.g. wellness and transparency).

2. Dental Benefits

416. 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.

3. Benefits While on Unpaid Leave

417. 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.

4. Hetch Hetchy Stipend

418. As provided in the Annual Salary Ordinance, for employees assigned to Hetch Hetchy, the City will pay a stipend to employees residing in designated zip code areas enrolled in the Health Services System with employee plus two or more dependents where HMOs are not available and such employees are limited to enrollment in Plan 1.

5. Life Insurance

419. The City will provide $50,000 in term life insurance to each employee.

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III.Q. RETIREMENT

1. Retirement Payments

420. The SFERS shall process and pay retirement claims in the following manner:

421. Represented employees agree to pay their own employee retirement contribution to SFERS.  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 total employee retirement contribution.

2. Quarterly Report and Annual Meeting

422. The San Francisco Employees Retirement System shall provide upon request a quarterly report to the Union detailing its current holdings and its annual return on investments.  The Retirement System shall also meet each Fall during the term of this Agreement after their annual audit to review their portfolio with the Union on request.  The Union will attempt to provide specific questions and items of interest in advance to SFERS to assist in setting an appropriate agenda.

3. Release Time for Pre-Retirement Planning Seminars

423. Subject to development, availability and scheduling by SFERS and PERS, employees shall be allowed not more than one (1) day during the life of this MOU to attend a pre-retirement planning seminar sponsored by SFERS or PERS.

424. Employees must provide at least two (2) 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.

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

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

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III.R. STATE DISABILITY INSURANCE (SDI)

427. For any bargaining unit, covered by this Agreement, that has elected coverage in SDI the payment of sick leave pursuant to Rule 20 of the Civil Service Commission shall not affect and shall be supplementary to payments from SDI.  An employee entitled to SDI shall receive in addition thereto such portion of such employee’s accumulated sick leave with pay as will equal, but not exceed, the regular bi-weekly take-home earnings of the employee, excluding optional deductions.  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.  At the employee’s option, accrued vacation, and compensatory time off (for non-Z employees only) can also be integrated with SDI payments in the same manner as sick leave.  

428. Any over-payments of SDI coverage will be returned to the employee no later than the second pay period following departmental notification to the Controller’s Payroll & Personnel Division.

429. During the term of the Agreement, all classifications added to an existing bargaining unit that is covered by State Disability Insurance (“SDI”) shall automatically be enrolled in SDI.  If a new bargaining unit is created or if the Union gains recognition for additional bargaining units, the Union shall certify in writing to the Employee Relations Director whether such units shall be enrolled in SDI.

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III.S. WORKERS' COMPENSATION LEAVE

Workers’ Compensation Supplementation (Shadow Sick Leave Account)

430. An employee who is absent because of an occupational or non-occupational disability and who is receiving Temporary Disability, Vocational Rehabilitation Maintenance Allowance, State Disability Insurance, may request that the amount of disability indemnity payment be supplemented with salary to be charged against the employee’s accumulated unused sick leave with pay credit balance at the time of disability, compensatory time off, or vacation, so as to equal the normal salary the employee would have earned for the regular work schedule.

431. An employee who wishes not to supplement, or who wishes to supplement with compensatory time or vacation, must submit a written request to the appointing officer or designee within seven (7) calendar days following the first date of absence.  Disability indemnity payments will be automatically supplemented with sick pay credits (if the employee has sick pay credits and is eligible to use them) to provide up to the employee’s normal salary unless the employee makes an alternative election as provided in this section.

432. 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.

433. Salary may be paid on regular time-rolls and charged against the employee’s sick leave with pay, vacation, or compensatory time credit balance during any period prior to the determination of eligibility for disability indemnity payment without requiring a signed option by the employee.

434. Sick leave with pay, vacation, or compensatory time credits shall be used to supplement disability indemnity pay at the minimum rate of one (1) hour units.

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III.T. LONG TERM DISABILITY

435. The City shall provide to employees with six (6) months continuous service a Long-Term Disability (LTD) plan that provides, after a ninety (90) day elimination period, sixty-six percent (66%) salary (subject to integration) up to age sixty-five (65).  Employees who receive payment under the LTD plan shall not be eligible to continue receiving payments under the City’s Catastrophic Illness Program.

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III.U. RETURN TO WORK

436. The City will make a good faith effort to return and reassign employees who have sustained an occupational injury or illness where the employee’s doctor certifies that the employee is temporarily unable to perform specified aspects of the employee’s regular job duties.  Duties of this modified assignment may differ from the employee’s regular job duties and/or from job duties regularly assigned to employees in the injured employee’s class.

437. Where appropriate temporary modified duty is not available within the employee’s classification, on the employee’s regular shift, and in the employee’s department, the employee may be temporarily assigned to work in another classification, on a different shift, and/or in another department, subject to the approval of the Appointing Officer or designee.

438. Neither the decision to provide or deny modified duty, nor the impact of such a decision shall be subject to grievance or arbitration.

439. It is also understood that modified duty assignments are temporary only; modified duty assignments for employees temporarily unable to perform regular job duties may not exceed three (3) months.  An employee assigned to temporarily modified duty assignment shall receive the employee’s regular base rate of pay and shall not be eligible for any other additional compensation (premiums) and/or out of class assignment pay as may be provided under this Agreement.

440. The City reserves the right to take any action necessary to comply with its obligations under the Americans with Disabilities Act, the Fair Employment and Housing Act and all other applicable federal, state and local disability anti-discrimination statutes.  Requests for accommodation under the ADA or FEHA shall be governed under separate City procedures under those laws.

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III.V. SICK LEAVE

441. Pursuant to Civil Service Rule 120.10, employees shall be entitled to accumulate up to 1040 hours of sick leave.

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III.W. PAID SICK LEAVE ORDINANCE

442. 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. BEREAVEMENT LEAVE

443.    The City will align the bereavement leave benefit for represented employees with the Civil Service Commission’s rule on such leaves of absence including any future amendment or change to such rule.  The City provides for informational purposes only the proposed amendment to Civil Service Rule 120.7.3 to be considered by the Commission.

120.7.3 Sick Leave – Bereavement

444. Absence because of the death of the employee's spouse or domestic partner, parents, stepparents, grandparents, parents-in-law or parents of a domestic partner, sibling, child, stepchild, adopted child, grandchild, a child for whom the employee has parenting responsibilities, aunt or uncle, legal guardian, or any person who is permanently residing in the household of the employee.  Such leave shall not exceed five (5) working days and shall be taken within three (3) months after the date of death.

445. For absence because of the death of any other person to whom the employee may be reasonably deemed to owe respect; leave shall be for not more than one (1) working day; however, two (2) additional working days shall be granted if travel outside the State of California is required as a result of the person's death.

446. The appointing officer or designee to whom a request for bereavement leave under this rule is made may request verification of a qualifying family member’s death within 30 days of the first day of the employee’s leave, as authorized by California Government Code section 12945.7(f).

120.7.4 Sick Leave – Reproductive Loss

447. Absence because of the failure to achieve successful completion of an act that would have resulted in the employee becoming a parent by the birth, placement, or adoption of a child. Qualifying reproductive losses include failed adoption, failed surrogacy, miscarriage, stillbirth, and unsuccessful assisted reproduction, such as intrauterine insemination, embryo transfer, or other assisted reproductive technology. Such leave shall not exceed five (5) working days and shall be taken within three (3) months after the qualifying reproductive loss. Paid sick leave granted for this purpose shall not exceed 20 workdays within a rolling 12-month period.

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III.X. PARENTAL RELEASE TIME

448. Represented employees shall be granted paid release time to attend parent teacher conferences of four (4) hours per fiscal year.

449. In addition, upon proper advance notification, employees may be granted up to 40 hours Parental Leave each year to participate in the activities of a school or licensed child day care facility of the employee’s biological, adopted or foster child or a child for whom the employee has parental or child rearing responsibilities (including a grandchild or child of a domestic partner) and who is residing in the employee’s household.  Parental Leave shall not exceed eight hours in any calendar month of the year.

450. In order to qualify for Parental Leave, employees must give reasonable notice to their immediate supervisors prior to taking the time off.  Employees must provide written verification from the school or licensed child day care facility that they participated in school/child care related activities on a specific date and at a particular time, if requested by management.

451. Employees may utilize either existing vacation, compensatory time off, or personal (unpaid) leave to account for absences after the four (4) hours per fiscal year have been used.  

452. Denial of Parental Leave under this section is not subject to the grievance process.

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III.Y. LIABILITY

453. The City shall defend and indemnify an employee against any claim or action against the employee or account of any act or omission in the scope of the employee’s employment with the City, in accord with, and subject to, the provisions of California Government Code Sections 825 et seq. and 995 et seq.  Nothing herein is deemed to supersede referenced State law.

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III.Z. AIRPORT EMPLOYEE COMMUTE OPTIONS PROGRAM

454. 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, with thirty (30) days’ notice to the Union and affected members. If SFIA terminates the Eco Program, participating employees shall have their free parking privileges restored. 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.

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III.A.A. HOSPITAL AND SKILLED NURSING FACILITY COVID-19 WORKER RETENTION PAY

455. 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 430 and 431 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.

456. 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.

457. 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.

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

459. 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. RENEWAL FEES FOR CERTIFICATIONS, LICENSES, OR REGISTRATIONS

460. 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 amount of the fee for the renewal of such certificate, registration or license.

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IV.B. EMPLOYEE DEVELOPMENT FUND

461. The City shall budget $1,000,000 during each fiscal year of this Agreement for the Employee Development Fund for employee training, education and development.  Such funds shall be released in two installments, $500,000 on July 1 and $500,000 on January 1, of each fiscal year. Unused funds shall carry forward to the next year.

462. An employee is eligible to seek Employee Development Fund reimbursement if the employee has regularly worked as a City employee for at least 20 hours per week for at least one (1) year of continuous service immediately prior to receipt of application.

463. Until such funds are exhausted, and subject to approval by the appointing officer or appropriate designee, an employee may utilize up to a maximum of $2,000 per fiscal year for tuition, registration fees, books, professional conferences, professional association memberships, professional journal subscriptions, professional certifications, and licenses relevant to the employee’s current classification.  Solely at the discretion of the appointing officer or designee, such funds may be supplemented with department funds budgeted for training, subject to the restrictions of applicable law, including Administrative Code Chapter 12X. All expenses must be relevant to the employee’s current classification or classifications to which the employee might reasonably expect to be promoted. No reimbursement shall be made for expenses that are eligible for reimbursement under a Federal or State Veterans benefit program or from other public funds.

464. In addition, subject to approval by the appointing officer or designee, and as permissible under applicable law, including Administrative Code Chapter 12X, employees may utilize up to $500 of the funds available to them for that fiscal year under this section to pay for up to one-half of the cost of necessary travel outside of the nine Bay Area Counties for approved training. Travel reimbursement rates shall be as specified by, and guidance regarding Chapter 12X provided in, the Controller’s Accounting Policies and Procedures. Employee Development Funds may not be used for food.

465. An employee may submit a pre-approval request for an expense incurred in the current fiscal year or prior fiscal year. An employee cannot submit a request for an expense occurring in a future fiscal year. The City will not provide reimbursement until the employee provides proof of payment and proof of satisfactory completion. An employee separating from City service must submit the expense report and receive all approvals before the effective date of separation from the City.

466. Employees shall not utilize these funds for Department-mandated training or for certificates, licenses or registrations required by the City or the State as a condition of employment (however, the costs of continuing education for these certificates, licenses or registrations may be reimbursed through the Employee Development Fund).

467. The Union agrees to work cooperatively with the City to help build City University – a program intended to ensure San Francisco has the most educated and highly trained workforce possible.  City University is a partnership between the City, learning institutions, the business community and labor organizations which shall create new sources of funding and new opportunities to professionally develop City employees.

468. Administrative issues concerning the use of the Employee Development Fund shall be addressed through the UCRC.

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IV.C. TUITION REIMBURSEMENT FOR SUPERVISING CLINICAL PSYCHOLOGISTS

469. Each regularly scheduled full-time or part-time 2576 Supervising Clinical Psychologists (excluding as needed employees) may be reimbursed up to a maximum of $2,000 per fiscal year for tuition, internal or external training programs, professional conferences and professional association membership relevant to the employee’s current classification. The funds may also be used to reimburse employees for the purchase of Personal Digital Assistants, professional software, books and subscriptions. Tuition reimbursement must be approved by the employee’s Appointing Officer and be in accordance with procedures determined by the Human Resources Director.

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IV.D. PROFESSIONAL ASSOCIATION MEETINGS

470. Departments shall continue their present practice with respect to the attendance by employees at professional association meetings, conferences, classes, courses, seminars and other programs, including the reimbursement of related expenses.  Opportunities shall be provided in a consistent and uniform manner.  Department practices shall be extended to the 2846 Nutritionist class.

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IV.E. PROFESSIONAL ORGANIZATIONS - DEPARTMENTAL MEMBERSHIPS

471. Subject to the budgetary and fiscal limitations, departments are encouraged to budget for departmental membership in organizations serving the professional employees of said department.

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IV.F. EDUCATIONAL PROGRAMS

472. Subject to the approval of the appointing officer, Personal Property Auditors and other represented employees shall be on paid status when attending educational programs required to maintain a job-related state license.

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IV.G. EMPLOYEE SUGGESTION PROGRAM

473. City and Union agree to publicize the Employee Suggestion Program and to encourage represented workers to submit cost saving suggestions for considerations and possible awards.

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IV.H. EDUCATIONAL LEAVE FOR REHABILITATION PROFESSIONALS AND PHYSICIAN ASSISTANTS

474. Employees in the following classes shall be granted five days of educational leave with pay per year to attend Department approved training courses, workshops and seminars.    Full-time employees will become eligible for the educational leave after completion of six months of permanent employment.   Part-time employees who work less than forty hours per week but more than twenty hours per week will become eligible for the educational leave after completion of one year of permanent employment.  Scheduling of educational leave shall be by mutual agreement, subject to the staffing requirements of the Department.

2538        2548        2555        2566
2540        2550        2556        2218
2542        2551        2558

475. Employees in the above listed classifications shall be entitled to sufficient educational leave with pay to attend Department approved training courses, workshops and seminars necessary to fulfill mandatory re-licensure requirements for licenses required as a condition of employment.  If the leave provided in the preceding paragraph is not sufficient to meet this need over the re-licensure cycle, an employee in the listed classifications shall receive additional leave.  In the event that an employee receives additional leave under this paragraph, the total number of hours of educational leave provided under this section (IV.H.), including the days provided in the preceding paragraph, shall not exceed the number of hours necessary to fulfill the mandatory re-licensure requirements during the re-licensure cycle.

476. The Department of Public Health, at its sole discretion, may assign employees to additional training on paid status.

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IV.I. GENERAL TRAINING

477. The City will use its best efforts to provide Local 21 represented employees with up to forty (40) hours of paid time off for job-related training and/or professional development, which shall include one day of professional development of an employee’s choice, not to be unreasonably denied.  Such time may include departmental-sponsored training and/or professional development; DHR sponsored training and/or professional development; and/or outside training and/or professional development approved by appointing officer or designee.  The foregoing includes but is not limited to mandatory continuing education and/or training requirements.

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IV.J. SPECIAL EDUCATION LEAVE FOR SUPERVISING CLINICAL PSYCHOLOGIST

478. Each regular full time or part time 2576 Supervising Clinical Psychologist (excluding as needed employees) shall be allowed the required number of hours of educational leave with pay for re-licensure to attend formally organized courses, institutes, workshops or classes to fulfill re-licensure requirements, as authorized and approved by the Appointing Officer or designee.

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IV.K. PROFESSIONAL DEVELOPMENT - PHYSICIAN ASSISTANTS

479. Physician Assistants will be given release time to participate in twice yearly Department of Public Health-wide meetings for the express purpose of professional practice development to complete continuing education. The Department of Public Health will provide specific planning arrangements for site, date, and time. The Physician Assistants will provide the agenda and content at least three (3) months in advance of the meetings.

480. Physician Assistants may invite Department personnel to the monthly Professional Development meetings of Physician Assistants. At such meetings, Physician Assistants may provide input regarding appropriate patient load distribution.

481. Physician Assistants may plan additional monthly meetings among Physician Assistants and will receive release time to participate in such meetings, provided that the Department of Public Health is given notice at least three (3) months in advance of such meetings.

482. The Department of Public Health shall have full discretion to approve or deny requests for release time to attend professional development meetings. Release time shall not be unreasonably denied.

483. Approved release time will not be evaluated as productive, direct care service time.

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ARTICLE V: WORKING CONDITIONS

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V.A. HEALTH AND SAFETY

484. The City acknowledges its responsibility to provide safe, healthful work environments for City employees. The Union acknowledges its members play the critical role in maintaining workplace safety, and agree to follow health and safety guidance and procedures. Many City departments have Health and Safety (H&S) staff with unique skills, knowledge, and abilities regarding workplace safety.

485. When an employee, in good faith, believes that a condition exists which presents an imminent hazard to life or health, 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 supervisor and explain why the employee believes a condition presents an imminent hazard.

486. If the Department and the employee, or the employee’s designated representative, do not concur, the potentially imminent hazard shall be evaluated by the departmental H&S staff, or a member of the City’s H&S Program staff, if the Department does not have professional H&S staff.

487. Such evaluations shall be initiated by appropriate H&S staff including but not limited to 6139 Senior Industrial Hygienist; 6138 Industrial Hygienist; 5177 Safety Officer; and/or 6130 Safety Analyst within five (5) business days.

488. While the employee is awaiting the completion of the evaluation, and until the H&S staff has made a determination regarding the presence of an imminent hazard, the employee shall not be required to perform the disputed assignment. The findings of the evaluation will be shared with the employee and the employee’s representative.

489. If the H&S staff determine that the complaint is valid, that determination shall override a departmental management determination, including abatement procedures or employee reassignments. If, after investigation, the H&S staff determines that the work assignment does not present an imminent hazard, the H&S staff shall notify the employee. The employee shall then have the following options:

1. continue to work in reliance on the determination
2. request a re-assignment, which shall not be unreasonably denied; or 
3. continue to refuse the work assignment.

490. If the employee elects to continue to refuse the work assignment, the employee shall not be paid unless the employee executes a CCSF Payroll Request for Employee Offset Agreement. If it is finally determined that the complaint was not valid, the employee shall repay the City in the manner set forth in the Employee Offset Agreement. If it is finally determined that the employee’s complaint was valid, and the employee has not elected to be paid, the employee shall be made whole for all lost wages and benefits.

491. Paragraphs 489 and 490 will sunset on July 1, 2027, absent mutual agreement.

492. Employees shall not be subject to discipline or retaliation for exercising in good faith any rights under this Section.

493. At its own expense, the Union may employ or assign its own safety consultant. The Union’s consultant shall have the minimum qualifications appropriate to evaluate whether the condition identified presents an imminent hazard to life or health. Where the Union employs such a consultant, the consultant shall investigate the imminent hazard in conjunction with the City’s H&S staff. If after consultation between the Union consultant and the City’s H&S staff, the dispute remains unresolved after 30 calendar days, the dispute shall bypass steps 1-3 of the grievance procedure and shall be submitted for final determination directly to a neutral arbitrator selected pursuant to the expedited arbitration provisions of this Agreement.

494. Upon request, the City shall provide the union departmental lists on a quarterly basis containing the vital information on all work-related injuries and illnesses.  Vital information shall include the nature of the illness or injury, dates, time lost, corrective action, current status of employee and work location.

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V.B. ASSAULT DATA

495. Upon request of the Union, a department shall retain and provide the Union with a copy of statistical information on assaults on employees who serve in particular classifications or at particular work sites.

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V.C. VIDEO DISPLAY EQUIPMENT WORKING CONDITIONS

496. The City and the Union agree that employees working on video display equipment shall have safe and healthy work environments.

497. This environment shall avoid excessive noise, crowding, contact with fumes and other unhealthy conditions.  The City agrees upon request of the Union to meet and confer on ways to design the flow of work to avoid long, uninterrupted use of video display equipment by employees.

1. Eye Examinations

498. All represented employees, who are health service system members, shall be eligible for one (1) annual VDT examination and prescribed eyewear.

2. Breaks

499. Every employee working on video display equipment shall be required to take a break away from the employee’s screen of at least fifteen (15) minutes after two (2) hours' work.  In the event that normal work schedule does not provide a lunch or rest break every two (2) hours, the employee shall be assigned duties away from the video display screen for fifteen (15) minutes after two (2) hours of work.

3. Physical Plant

500. The Board of Supervisors agrees to provide, subject to the budgetary and fiscal provisions of the Charter, the following physical equipment and work environment for users of video display equipment:

501. a. Where necessary, effective glare screens shall be affixed to the front of such machines;

502. b. Adjustable chairs, footrests and tables to allow for adjustment of individual
machines to provide each operator with optimum comfort and the minimum amount of physical stress;

503. c. Optimal lighting conditions adapted to accommodate the types of equipment in use at each work site shall be provided;

504. d. Prior to the acquisition of additional or replacement machines, the City agrees to meet and consult with the Union on the design of the machines, including such features as separate keyboards, tiltable screens, phosphor colors, brightness controls and any other features relating to operator health and well being.  The City will give the Union as much advance notice as possible of such changes.

4. Inspection of Machines

505. The City agrees to inspect each machine in use on a regular basis and to maintain all equipment in proper repair, state of cleanliness and working order.

5. Pregnancy

506. Upon request, the City shall attempt to temporarily reassign a pregnant employee to another position away from video display equipment for the duration of the pregnancy.

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V.D. ALTERNATIVE, LIGHT AND/OR MODIFIED DUTY ASSIGNMENTS

507. The City Departments shall make good faith efforts to develop alternative assignments for disabled or pregnant employees whose doctors certify that they are temporarily unable to perform specified aspects of their regular job duties if, in the particular situation,

508. 1. There is sufficient work which the employee can perform available within the employee's job classification in the department, and

509. 2. In the opinion of the department head, assigning the work to the disabled employee or pregnant employee can be done without adversely affecting the operation of the department.

510. In the event a City-wide policy on alternative, light and/or modified duty assignments is proposed during the life of the Agreement, the parties agree to reopen this Section (V.D.) to meet and confer regarding such policy.

511. The City shall provide annual audiometric examinations in accordance with the City's Hearing Conservation Program.

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V.E. PROTECTIVE CLOTHING

512. No employee in a classification covered by this Agreement shall be required to work in a location where the employee comes in contact with raw sewage or toxic or hazardous chemicals or substances if not provided with protective clothing as deemed appropriate  for the purpose by the employee and the Appointing Officer.

513. The City agrees to provide all required safety equipment (i.e., protective eyewear, protective footwear) in compliance with Cal-OSHA regulations.  Individual requests for additional equipment may be forwarded to the UCRC for further attention. The City shall reimburse employees up to two-hundred dollars ($200) annually toward the cost of acquiring one (1) pair of protective footwear. This reimbursement is limited to any represented employee who is required by the City to wear protective footwear. Employees assigned to the MTA Sign Shop shall receive a voucher for up to two-hundred dollars ($200) for the purchase of one (1) pair of protective footwear.

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V.F. COMFORT STANDARDS

514. The City shall make good faith efforts to provide adequate lounge, locker and comfort facilities.

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V.G. UNIFORM ALLOWANCE

515. Employees, excluding as-needed employees, who are required to wear and supply their own uniform or lab coat or smock in the course of their duties and who are employed on September 1 of any year covered by the Agreement, shall be paid an annual uniform allowance of $175.00, or, in the case of lab coats or smocks, $100.00 no later than the first pay period in December of each year.  The Department shall fix the appropriate amount for the allowance after meeting and conferring with the Union prior to September 1 of each year.

516. New employees (excluding as-needed employees) who are required by the Department of Public Health to wear scrubs in the course and scope of their employment will be provided with five (5) scrubs within two weeks of appointment.

517. The Department of Public Health shall furnish employees (excluding as-needed employees) who are required by the Department of Public Health to wear scrubs in the course and scope of their employment with up to two (2) replacement scrubs in any twelve-month period.  Scrubs shall also be replaced by the Department of Public Health if they are damaged in the course of the employee’s performance of their duties.

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V.H. UNIFORM ALLOWANCE (COMPUTER OPERATORS)

518. For employees in the Units 8Z and 11O, when properly working on machines, the City will provide smocks for the individuals occupying positions in Units 8Z and 11O, provided, however, that only those employees presently receiving said smocks shall continue to receive them.  Smocks will be replaced at the City's expense when they are unserviceable, but in any event, not more than one smock per employee per year shall be issued.  Total cost to the City of this provision shall not exceed one thousand dollars ($1,000) per fiscal year in each year of this agreement.

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V.I. REIMBURSEMENT OF PERSONAL EXPENSES

519. An employee who qualifies for reimbursement of damaged, destroyed or stolen property shall submit a claim to the employee’s department head with all available documentation not later than thirty (30) calendar days after the date of such alleged occurrence.  An employee shall be entitled to an appropriate reimbursement no later than 120 days following the submission of such claim.  Reimbursement may be delayed if the employee does not submit the appropriate documentation.

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V.J. FINGERPRINTING

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

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V.K. TELECOMMUTING

521. The Citywide Telecommuting Policy and Program (TPP), establishes specific conditions under which employees may perform their job-related duties remotely. The TPP can be found at www.sfdhr.org and is incorporated herein for reference purposes only.

522. As described in the TPP materials, telecommuting is permissible under an agreement between the employee and the Appointing Officer or designee, subject to the approval of the Appointing Officer. An employee who meets the eligibility criteria and program guidelines may apply to participate in the TPP for a maximum for two (2) days each week, coming to work in person three (3) days each week. Employees may telecommute more than two (2) days per week, subject to the approval of the Appointing Officer and the Human Resources Director.

523. Telecommuting arrangements will not be denied or ended for arbitrary or capricious reason(s). In the event a represented employee has a good faith belief that a telecommuting request is denied for an arbitrary or capricious reason, or that an existing telecommuting agreement was terminated for an arbitrary or capricious reason, the member may appeal the decision to the City’s Director of Human Resources, whose decision shall be final and binding. Neither the TPP nor this Section V.K. are subject to the grievance and arbitration procedure of this Agreement.

Location of Remote Work

524.    Unless approved in writing by the Human Resources Director, employees are prohibited from working remotely outside of the State of California, except for incidental work at the request of the City or when the employee’s specific task requires working out of state, such as participation in training or a conference. All City employees are Disaster Service Workers under California law. In a declared emergency, employees approved for telecommuting must be able to physically report where directed within forty-eight (48) hours of a declared emergency. 

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V.L. PAGERS/VOICEMAIL FOR REHABILITATION PROFESSIONALS

525. Upon request the City will provide Rehabilitation Professionals at California Children Services/Medical Treatment Union (CCS/MTU) pagers with voicemail and/or access to voicemail.

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V.M. PAPERLESS PAY POLICY

526. The Citywide Paperless Pay Policy applies to all City employees covered under this Agreement.  

527. Under the policy, all employees shall be able to access their pay advices electronically, and print them in a confidential manner.  Employees without computer access or who otherwise wish to receive a paper statement shall be able to receive hard copies of their pay advices through their payroll offices upon request, on a one-time or ongoing basis.  

528. 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.

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V.N. HUMAN SERVICES AGENCY’S DEPARTMENT OF DISABILITY AND AGING SERVICES CASELOADS

529. At the request of the Union, within the first fiscal year quarter of this Agreement, the Human Services Agency’s Department of Disability and Aging Services (DAS) shall meet with represented members assigned to the Public Guardian, Public Administrator, and Representative Payee Programs to discuss caseloads.

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ARTICLE VI: IMPLEMENTATION AND TERM OF AGREEMENT

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VI.A. SCOPE OF AGREEMENT

530. Nothing contained in this Agreement shall have application to changes of Civil Service Rules excluded from bargaining pursuant to Charter Section 8.409-3, which reads as follows:

531. Notwithstanding any other provisions of this charter, or of the ordinances, rules or regulations of the city and county of San Francisco and its departments, boards and commissions, the city and county of San Francisco, through its duly authorized representatives, and recognized employee organizations representing classifications of employees covered by this part shall have the mutual obligation to bargain in good faith on all matters within the scope of representation as defined by Government Code section 3504, relating to the wages, hours, benefits and other terms and conditions of city and county employment, including the establishment of procedures for the resolution of grievances concerning the interpretation or application of any agreement, and including agreements to provide binding arbitration of discipline and discharge; provided, however that, except insofar as they affect compensation, those matters within the jurisdiction of the civil service commission which establish, implement and regulate the civil service merit system shall not be subject to bargaining under this part: the authority, purpose definitions, administration and organization of the merit system and the civil service commission; policies, procedures and funding of the operations of the civil service commission and its staff; the establishment and maintenance of a classification plan including the classification and reclassification of positions and the allocation and reallocation of positions to the various classifications; status rights; the establishment of standards, procedures and qualifications for employment, recruitment, application, examination, selection, certification and appointment; the establishment, administration and duration of eligible lists; probationary status and the administration of probationary periods, except duration; pre-employment and fitness for duty medical examinations except for the conditions under which referrals for fitness for duty examinations will be made, and the imposition of new requirements; the designation of positions as exempt, temporary, limited tenure, part-time, seasonal or permanent; resignation with satisfactory service and reappointment; exempt entry level appointment of the handicapped; approval of payrolls; and conflict of interest.  Nothing in this paragraph shall limit the obligation of the civil service commission to meet and confer as appropriate under state law.

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VI.B. SAVINGS CLAUSE

532. Should a court or administrative agency declare any provision of this Agreement invalid, inapplicable to any person or circumstance, or otherwise unenforceable, the remaining portions of this Agreement shall remain in full force and effect for the duration of the Agreement.

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VI.C. AMENDMENT OR MODIFICATION

533. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein.  This Agreement may be modified by mutual consent of the parties.  Such amendments(s) shall be reduced to writing.

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VI.D. DURATION OF AGREEMENT

534. This Memorandum of Understanding shall be in effect from July 1, 2024, through and inclusive of June 30, 2027.

535. Upon mutual agreement, the parties may reopen this agreement for the sole purpose of addressing recruitment or retention difficulties with the City’s engineers.

IN WITNESS HEREOF, the parties hereto have executed this Agreement.

 

FOR THE CITY:

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

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

• Jonathan Rolnick, Chief Labor Attorney, IFPTE, Local 21
  Date: 5/14/24

FOR THE UNION:

• Debra Grabelle, Executive Director, IFPTE, Local 21
• Katherine General, Field Director, IFPTE, Local 21
• Kim Thompson, Bargaining Team Member, IFPTE, Local 21
• Bianca Polovina, Bargaining Team Member, IFPTE, Local 21
• Jeanne Sum, Bargaining Team Member, IFPTE, Local 21
• Annahita Fallah, Bargaining Team Member, IFPTE, Local 21
• Jonathan Lyens, Bargaining Team Member, IFPTE, Local 21
• Frances Hsieh, Bargaining Team Member, IFPTE, Local 21
• Adrian Leung, Bargaining Team Member, IFPTE, Local 21
• Alexis Dailey, Bargaining Team Member, IFPTE, Local 21
• Alfred David, Jr., Bargaining Team Member, IFPTE, Local 21
• Alfred Barber III, Bargaining Team Member, IFPTE, Local 21
• Amar Thomas, Bargaining Team Member, IFPTE, Local 21
• Calvin Chapman, Bargaining Team Member, IFPTE, Local 21
• Damon Curtis, Bargaining Team Member, IFPTE, Local 21
• Danny Yeung, Bargaining Team Member, IFPTE, Local 21
• Elaine Leeming, Bargaining Team Member, IFPTE, Local 21
• Erica Dixon, Bargaining Team Member, IFPTE, Local 21
• Jamie Lee, Bargaining Team Member, IFPTE, Local 21
• John Seagrave, Bargaining Team Member, IFPTE, Local 21
• John Weber, Bargaining Team Member, IFPTE, Local 21
• Jonelle Gausman, Bargaining Team Member, IFPTE, Local 21
• Judith Neidorff, Bargaining Team Member, IFPTE, Local 21
• Krysten Laine, Bargaining Team Member, IFPTE, Local 21
• Muhammad Yasir, Bargaining Team Member, IFPTE, Local 21
• Nancy Au Yeung, Bargaining Team Member, IFPTE, Local 21
• Rina Lopez, Bargaining Team Member, IFPTE, Local 21
• Sarah Young, Bargaining Team Member, IFPTE, Local 21
• Zachary Vickers, Bargaining Team Member, IFPTE, Local 21

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APPENDIX A: LOCAL 21 REPRESENTED CLASSIFICATIONS

THE FOLLOWING LIST OF CLASSES IS SUBJECT TO CHANGE.  PLEASE REFER TO SECTION 16.210 OF THE SAN FRANCISCO ADMINISTRATIVE CODE (EMPLOYEE RELATIONS ORDINANCE) FOR THE MOST CURRENT LIST OF REPRESENTED CLASSIFICATIONS.

(As of June 30, 2019)
 

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APPENDIX B: SCHEDULES OF COMPENSATION

(To be appended by September 30, 2014)

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APPENDIX C: CIP ADDENDUM

CAPITAL IMPROVEMENT PLAN PROJECTS MOU ADDENDUM TO THE 2012-2014 MEMORANDUM OF UNDERSTANDING  BETWEEN THE CITY AND COUNTY OF SAN FRANCISCO AND THE INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL 21, AFL-CIO

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Introduction

San Francisco faces an unprecedented challenge: to restore its aging water system to ensure a reliable Bay Area water supply and avoid system outages which could be caused by natural disasters.  The City faces similar challenges in maintaining, restoring, and improving other essential City infrastructure components.

The parties recognize that achievement of this goal requires an extraordinary level of labor-management cooperation, and that disagreements regarding contracting out, terms and conditions of employment, hiring and promotion methods, and other matters have the potential to interfere with implementation of the City's capital projects.  The parties further recognize that the success of the City's capital projects will require new and innovative approaches in many employment-related areas including recruitment, hiring, promotion, training, work rules, compensation, evaluation, and management.

The purpose of this Agreement is to promote the efficiency of design, construction management and project management operations for the City's capital projects and provide for efficient resolution of labor disputes and grievances, thereby promoting the public interest in assuring the timely and economical completion of capital projects.

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Findings

WHEREAS, the City is or will be engaged in a number of significant capital projects in the coming years which will require that work proceed in an efficient manner without delay or disruption because of disagreements between the City and the Union; and

WHEREAS, the largest capital project the City faces is the modernization and repair of the Hetch Hetchy water supply system;

WHEREAS, the voters passed Propositions A and E, ensuring that funding is available to complete this ambitious program in a timely manner; and

WHEREAS, the voters have found that “the protection, maintenance and repair of the [Hetch Hetchy water supply] system are among their highest priorities”; and

WHEREAS, the PUC CIP consists of approximately 38 infrastructure improvement projects for regional water and approximately 39 infrastructure improvement projects for local water and may in the future also consists of a Clean Water Improvement Program and a Repair and Replacement Program; and

WHEREAS, successful completion of the PUC CIP is of the utmost importance to the general public in the San Francisco Bay Area and the state; and

WHEREAS, the Public Utilities Commission (PUC), the Department of Public Works (DPW) and the Department of Human Resources are strategic partners on the PUC CIP and have entered into MOUs memorializing their agreements to share responsibility for completion of the PUC CIP; and

WHEREAS, successful completion of City capital projects is of the utmost importance to the general public; and

WHEREAS, the interests of the general public, the City and County of San Francisco and IFPTE, Local 21 are best served if the work on all capital projects proceeds in an efficient manner without delay or disruption because of disagreements between the City and the Union; and

WHEREAS, the City and the Union desire to establish specific and unique terms and conditions of employment to ensure the City's capital projects are completed with utmost quality, with in-house staff to the greatest extent practicable and on-time and on-budget; and

WHEREAS, through this Agreement, the City and the Union desire to encourage close cooperation which ensures that a satisfactory and harmonious relationship will exist among the parties; and

WHEREAS, the current collective bargaining agreement between Local 21 and the City shall be amended by the Board of Supervisors to incorporate this Agreement; and

WHEREAS, this Agreement shall not replace, interfere, abrogate, diminish or modify the terms and conditions of the parties' existing collective bargaining agreement except as specifically amended; and

WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards a mutually satisfactory completion of the City's capital projects.

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

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ARTICLE I - DEFINITIONS

1.1 "Agreement" means "Capital Improvement Plan Projects MOU Addendum" between the City and Local 21 covering the City's capital projects.

1.2 "Capital Improvement Program" or "CIP" means the Capital Improvement Program of the San Francisco Public Utilities Commission which consists of approximately 38 infrastructure improvement projects for regional water and approximately 39 infrastructure improvement projects for local water, all of which will be bond funded.  The CIP may also in the future include a bond-funded Clean Water Improvement Program and a Repair and Replacement Program in which annual water revenues will be utilized for ongoing maintenance of these regional and water projects.

1.3 "Major Capital Projects" as used herein mean those capital projects with budgets for construction, professional /personal services, purchase, or installation that continue over a multi-year period and that provide facilities, systems or equipment with a useful life of three years or more or extend the useful life of a facility, system or equipment for three years or more and that:  1)  exceed five (5) million dollars ($5,000,000.00); or 2) exceed one million dollars ($1,000,000.00) and which are certified by the Appointing Officer and the City Administrator’s Office as so significantly complex as to merit additional compensation for those employees working on such projects.  Significantly complex projects are those projects that involve three or more engineering disciplines and that:

i. carry a high degree of consequence of error that could result in potentially significant bond penalties or potential loss of significant grant or bond funding; and or,

ii. require significant involvement in negotiation and consensus building among a variety of stakeholders, including regulatory agencies; involve complex, unusual or unique construction or fabrication methods; and that are generally highly visible.

1.4 The decision of the Appointing Officer and/or City Administrator’s Office regarding the complexity of a capital project as provided in paragraph 1.3 above shall not be subject to the grievance procedures under this Agreement or to interest arbitration.

1.5 "City" means City and County of San Francisco.

1.6 "CSC" means the Civil Service Commission of the City and County of San Francisco.

1.7 "Day" means calendar days, unless otherwise expressly provided.

1.8 "DHR" means Department of Human Resources, a department of the City.

1.9 "DPW" means Department of Public Works, a department of the City.

1.10  “MTA” means Municipal Transportation Agency.

1.11 "Emergency" means unanticipated event or delay that impacts the functionality of the water system.

1.12 "JUCC" means Joint Union-City Committee, a joint labor management committee between the City and Local 21.

1.13 "Local 21" means "Union" or "International Federation of Professional and Technical Engineers (IFPTE), Local 21."

1.14 "MMBA" means the Meyers-Milias-Brown Act, Government Code section 3500 et seq.

1.15 "MOU" means the memorandum of understanding between the City and Local 21.

1.16 "Parties" means the City and County of San Francisco and the International Federation of Professional and Technical Engineers (IFPTE), Local 21.

1.17 "Planning" means the activities of employees in the classes covered by this Agreement during the pre-design and/or planning phase of the City’s capital projects.

1.18 "PUC" means Public Utilities Commission, a department of the City.

1.19 "RFP" or "RFQ" means Request for Proposal or Request for Qualifications.

1.20 "UCRC" means Union/City Relations Committee.

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ARTICLE II – SCOPE OF AGREEMENT

2.1 Parties. Subject to approval by the Board of Supervisors and ratification by the Union, the Agreement shall apply to the City and County of San Francisco and IFPTE, Local 21.

2.2 Covered Classifications. This Agreement shall govern the following Local 21 represented design, construction management and project management classifications.

5120 Architectural Administrator
5174 Administrative Engineer
5201 Junior Engineer
5203 Assistant Engineer
5205 Associate Materials Engineer
5207 Associate Engineer
5211 Senior Engineer
5212 Principal Engineer
5218 Structural Engineer
5219 Senior Structural Engineer
5241 Engineer
5260 Architectural Assistant I
5261 Architectural Assistant II
5262 Landscape Architect Associate I
5265 Architectural Associate I
5266 Architectural Associate II
5268 Architect
5270 Senior Architect
5272 Landscape Architect Associate II
5273 Principal Architect
5274 Landscape Architect
5275 Senior Landscape Architect
5304 Materials Testing Aide
5305 Materials Testing Technician 
5310 Survey Assistant I
5312 Survey Assistant II
5314 Survey Associate
5216 Chief Surveyor
5342 Mechanical Engineering Assistant I
5350 Electrical Engineering Assistant I
5362 Civil Engineering Assistant 
5364 Civil Engineering Associate I
5366 Civil Engineering Associate II
5502 Project Manager I 
5504 Project Manager II 
5506 Project Manager III 
5508 Project Manager IV
5601 Utility Analyst
5602 Utility Specialist 
5620 Regulatory Specialist
6318 Construction Inspector
6319 Senior Construction Inspector
6335 Disability Access Coordinator
9195 Light Rail Vehicle Equipment Engineer
9196 Senior Light Rail Vehicle Engineer
9197 Signal & Systems Engineer

This Agreement may also cover other classes for which 50% or more of assigned duties of the incumbents are devoted to major capital projects.  Such classes shall be recommended by the JUCC, the Assistant General Manager for Infrastructure and the Deputy Director for Engineering to the Human Resources Director for approval after appropriate consultation with affected Departments.

2.3 Covered Departments. Subject to the limitations of Charter Section 8A.104, this Agreement shall govern all City departments engaging in major capital projects; except for Article IV (Contracting) and Article VI (JUCC), which shall govern only the PUC and DPW.  The San Francisco Unified School District and the Community College District are not covered by the Agreement.

2.4 Exclusions

2.4.1 Except as set forth herein, the Agreement is not intended to, and shall not affect Local 21 represented classes not covered in Section 2.2.

2.4.2 This Agreement shall not abrogate, diminish or modify the jurisdiction and requirements of the State Constitution, State Codes, Charter, the Administrative Code and the Civil Service Commission and Civil Service Commission Rules.  Matters within the jurisdiction of the Civil Service Commission as set forth in Charter Section A8.409-3 are not subject to any interest or grievance arbitration procedure.

2.4.3 This agreement shall not apply where acceptance of funding from a state or federal agency precludes its application.

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ARTICLE III – STAFFING

3.1 Principles

3.1.1 The parties agree that in order to maximize City employment opportunities, it is necessary to hire and promote highly qualified employees quickly and efficiently.  The parties acknowledge that many employees involved in capital projects possess state licenses in engineering, architecture and other specialties; such licenses often establish a candidate’s minimum qualifications for employment; and, with respect to licensed professionals, employment and promotional decisions are best addressed at the departmental level.

3.1.2 The parties agree that the hiring methods employed on the CIP and other capital projects throughout the City should be fair, should honor the merit system, should command public confidence, and should be focused on creating a talented city workforce.

3.1.3 The parties agree that this Article covers matters within the jurisdiction of the Civil Service Commission and shall be administered subject to Civil Service Commission Rules and procedures.  

3.2 Hiring

3.2.1 Continuous Testing.  As permitted under Civil Service Rule III, the Union agrees to the use of continuous testing for all classes covered by this agreement.

3.2.2 Certification Rules.  In accordance with Civil Service Rule 113, the parties agree to the following certification rules for covered classes:

a. Rule of the List.  Classes 5211 (Senior Engineer), 5212 (Principal Engineer), 5270 (Senior Architect), 5273 (Principal Architect) and 5275 (Senior Landscape Architect) shall utilize the Rule of the List.

b. Rule of Seven scores.  Classes 5174 (Administrative Engineer), 5241 (Engineer), 5268 (Architect) and 5274 (Landscape Architect) shall utilize a ranked list and the Rule of Seven scores.

c. Rule of Five scores.  Classes 5266 (Architectural Assistant II) and 5272 (Landscape Architect Associate II) shall utilize a ranked list and the same certification rule (Rule of Five scores) currently used by Class 5207 (Associate Engineer).

d. Rule of Three scores.  Classes 5260 (Architectural Assistant I), 5261 (Architectural Assistant II), 5262 (Landscape Architectural Associate I) and 5265 (Architectural Associate I) shall utilize a ranked list and the same certification rule (Rule of Three scores) currently used for Class 5201 (Junior Engineer) and Class 5203 (Assistant Engineer).

e. Other Covered Classes.  Consistent with Civil Service Rules, the basic certification will be Rule of Three scores unless the parties mutually agree to a broader certification rule.  All other covered classes shall continue to utilize existing certification rules.  All certification rules may be modified by mutual agreement.

3.2.3 Selection by Appointing Authority.  In accordance with Civil Service Rule 113, the Departments shall apply merit-based criteria in considering all qualified candidates for a position including procedures similar to those utilized for provisional hiring.  Such procedures shall be developed, promulgated and distributed by the Department of Human Resources.

3.2.4 MTA.  In accordance with Charter Section 8A.104, MTA's human resources director assumes the powers and duties of the City's Director of Human Resources, including those related to testing, certification and selection, for service critical classes at MTA.

3.2.5 Appeals.  Nothing herein shall waive an employee's right to pursue available remedies before the Civil Service Commission in accordance with Civil Service Commission Rules.  The Union agrees not to appeal to the Civil Service Commission the utilization of continuous lists or the application of the certification rules set forth in this Agreement.  Neither hiring decisions nor any other provision of this Section shall be grievable under either the provisions of this Agreement or the parties' MOU.

3.3 Technical Engineers

3.3.1    The parties agree that employees in technical engineering classifications are necessary and critical to the successful completion of the CIP.  The City and the Union conducted a utilization study of the technical engineering classifications and have agreed to implement some of the recommendations.

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ARTICLE IV – CONTRACTING

4.1 Principles

4.1.1 The parties commit to delivering the CIP and related projects with the highest quality and on-time and on-budget.

4.1.2 The parties commit to use in-house staff to perform engineering, planning, architectural, construction management, program management and project management work where feasible and practicable given the needs and schedule of the CIP and related projects.

4.1.3 The parties agree that contracting-out may be necessary in some circumstances and that disagreements over decisions to contract-out shall be fact-based and shall utilize the criteria set forth herein.

4.1.4 The parties acknowledge that the process set forth herein is intended as a pilot designed to improve communication and decision making with regard to contracting issues at PUC and DPW.  

4.1.5 The parties acknowledge that this is a pilot process limited to contracting decisions at PUC and DPW, but mutually desire that successful outcomes will motivate other City departments to utilize this pilot process or related processes for contracting decisions.

4.2 Standards for Contracting-Out.  The parties recognize that under Civil Service Commission guidelines contracting-out work may be necessary for the following reasons:

4.2.1 Specialized Expertise.  The City may contract-out specialized services for which City staff do not possess the necessary specialized skills or experience.  

4.2.2 Peak Workloads.  The City may contract-out to address temporary peak workloads.  Temporary peak workloads are situations where City staff are capable of providing needed services, but sufficient staff are not available to meet project deadlines and the work is not forecasted to be sufficient to sustain the hiring of additional, qualified permanent employees without risk of layoff or displacement.

4.2.3 Emergencies and/or Unanticipated Events or Delays.  The City may contract-out work necessary to address emergencies, unanticipated events or delays.  

4.3 Process for Contracting-Out.  The City commits to engage in the following process with the Union before issuing an RFP/RFQ for outside engineering, planning, architectural, construction management, program management and project management or related services:

4.3.1 Specialized Expertise.  Before determining the RFP/RFQ is necessary because the City lacks specialized expertise to handle specialized work or projects the PUC and DPW will:

a. Poll other City departments to see if such specialized expertise exists;

b. Engage in forecasting with other City departments to assess whether an in-house position with the specialized expertise can be supported;

c. Post the need for specialized skills on email or other systems to enable in-house employees to apply for specialized positions;

d. Determine the extent to which on-going training by City-staff and existing contractors to employees seeking new skills or job opportunities can mitigate the need to rely upon additional contractors for such specialized expertise;

e. To the extent applicable, use information contained in the PUC-developed Skills Bank to determine staff availability and training needs.

4.3.2 Peak Workload.  Before determining the RFP/RFQ is necessary to address a peak workload, the PUC and DPW will engage in forecasting with other City departments to determine whether the City can sustain the hiring of additional permanent employees without risk of layoff or displacement.

4.3.3 Emergencies, Unanticipated Events or Delays.  Before determining the RFP/RFQ is necessary to address emergencies, unanticipated events or delays, the PUC and DPW will articulate to the union, in writing, the nature of the emergency or unanticipated delay and explain how the RFP/RFQ is designed to cure that emergency or unanticipated delay.  For emergencies that imminently threaten health and safety, the procedures set forth in this Article shall be followed at the earliest practicable time after imminent health and safety concerns have been addressed.

4.3.4 The PUC and DPW will endeavor to regularly present its contracting needs to the JUCC Staffing and Contracting Subcommittee with as much advance notice as practicable.  At a minimum, the PUC and DPW will notify the Subcommittee, by providing a draft RFP/RFQ, at least 11 working days prior to publicly advertising or requesting Civil Service Commission approval (whichever is earlier) for an RFP/RFQ for engineering, planning, architectural, project management, program management, construction management or related services, unless such minimum period is waived by Local 21.  In the notice, the PUC and DPW will identify the need for such contracting consistent with the criteria in Sections 4.2 and 4.3.  The Subcommittee will meet to discuss the rationale for contracting-out within five working days of notice being provided.  The Subcommittee may recommend modifications or alternatives to such contracting, provided that such recommendations or alternatives be forwarded to the Assistant General Manager for Infrastructure at PUC or the Deputy Director of Engineering at DPW within 11 working days of notice, except by mutual agreement.

4.4 Prop. J Contracts.  Nothing herein is intended to alter or diminish the City's rights or obligations with respect to contracting under Charter Section 10.104 (15).

4.5 Appeals.  If the Union disagrees with the decision to contract out, it may pursue available remedies before the Civil Service Commission or the Board of Supervisors with respect to Prop J. contracts desired under Charter Section 10.104 (15).  The decision to contract out shall not be grievable.  

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ARTICLE V – COMPENSATION

5.1 Principles

5.1.1 Recognizing the challenging goals of the CIP and other major capital projects, the parties agree that a flexible compensation structure is necessary.  In particular, incentives may be appropriate to encourage and recognize employees who assume additional responsibilities, develop and utilize specialized skills through classroom and on-the-job training, and exhibit leadership, initiative and creativity in their field.

5.1.2 The parties further acknowledge that although basic compensation levels are established through their existing MOU, the needs and resources of the CIP and related major capital projects are unique.

5.2 Leadership Pay

5.2.1 Eligibility

a. Subject to the conditions herein, employees directed to perform any of the assignments referenced and defined in sub-section 5.2.2 shall receive a premium equal to 5% of base salary for hours that such duties are actually performed.  Such incentives are intended to recognize additional responsibilities and/or special skills on the CIP and other major capital projects.  Leadership pay shall be considered as part of an employee's salary for the purpose of computing retirement benefits and retirement contributions.

b. An Employee is not eligible to receive Leadership Pay if:

i. The employee is receiving acting assignment pay pursuant to MOU section III.B.2 (Acting Assignment Pay) or a supervisory differential pursuant to MOU section III.B.4 (Supervisory Differential Adjustment).

ii. The employee is receiving Lead Person Pay under MOU Section III.B.5 (Lead Person Pay) on the same day.

iii. The employee is assigned or appointed to a project manager classification.

c. All assignments eligible for Leadership Pay must be made in writing and approved by the Appointing Officer or designee.  Such assignments are at the sole discretion of the Appointing Officer or designee.

d. It is understood that additional compensation is intended for the hours that such additional duties are performed.  An employee who believes  they qualify for such a premium, and the premium has not been paid, shall address the issue in accordance with Article III.B.3 (Acting Assignment Exceptions) of the parties' MOU.

e. Employees shall have no expectation of continued payment once such additional responsibilities have been completed.  The termination or removal of such responsibilities shall not be subject to the grievance procedure.

f. Leadership pay shall be calculated on base pay.

5.2.2 Leadership Assignments

a. Project Engineer/Architect/Landscape Architect.  Employees assigned to function as the Project Engineer/Architect/Landscape Architect of a major capital project shall receive a premium equal to 5% of base salary while actually engaged in such assignments. The Project Engineer/Architect/Landscape Architect (PE) is supervised by the Functional Manager and reports to a Project Manager for project budget, and schedule issues.  The PE is responsible for ensuring that Design Lead Engineers/Architects/Landscape Architects and other support groups, including consultants and other City engineering groups produce integrated work products that meet project goals.  The PE ensures the integrity and timely completion of the critical engineering calculations, QA, presentations, and progress reporting.

b. Resident Engineer. Employees assigned to function as a resident engineer/architect/landscape architect (RE) of a major capital project shall receive a premium equal to 5% of base salary while actually engaged in such functions.  The Resident Engineer (RE) shall be responsible for overall construction management oversight and completion of the construction project. The function includes construction team coordination, negotiations, reporting, enforcement of codes and regulations, monitoring of construction quality, budget and schedule, and construction close-out; however, inspection duties are not considered a part of the function.  The RE reports to the Construction Manager (CM) for construction issues and the Project Manager (PM) for financial issues.  The RE is the primary point of contact for the Field Contractor.

c. CAD Manager.  Employees in technical engineering classifications shall receive a premium equal to 5% of base salary when assigned to direct the work of one or more employees in the same or a higher class, or has lead responsibility for continuous improvement and enforcement of departmental CAD standards, while actually engaged in such assignments on major capital projects.

d. Flexible Lead.  Employees covered by this Agreement shall receive a premium equal to 5% of base salary when assigned to direct the work of three or more employees in the same or a higher class, while actually engaged in such assignments on major capital projects.

5.3  Special Skills Pay

5.3.1 Eligibility

a. Employees directed to substantially perform any of the assignments referenced and defined in sub-section 5.3.2 shall receive a premium equal to 5% of base salary for the duration of the assignment.  Such incentives are intended to recognize additional responsibilities and/or special skills on the CIP and other capital projects.  Special skills pay shall be considered as part of an employee's salary for the purpose of computing retirement benefits and retirement contributions.

b. An employee is not eligible to receive Special Skills Pay if:

i. The employee is receiving acting assignment pay pursuant to MOU section III.B.2 (Acting Assignment Pay) or a supervisory differential pursuant to MOU section III.B.4 (Supervisory Differential Adjustment).

ii. The employee is assigned or appointed to a project manager classification.

c. All Special Skills Pay assignments must be made in writing and approved by the Appointing Officer or designee. Such assignments are at the sole discretion of the Appointing Officer or designee.

d. An employee who believes the employee qualifies for such a premium, and the premium has not been paid, shall address the issue in accordance with Article III.B.3 (Acting Assignment Exceptions) of the parties' MOU.

f. Employees shall have no expectation of continued payment once such additional responsibilities have been completed.  The termination or removal of such responsibilities shall not be subject to the grievance procedure.

g. Special skills pay shall be calculated on base pay.  

5.3.2 Special Skills Assignments.  All of the following special skills assignments shall receive a premium of 5% above base wage for the duration of the assignment on a major capital project.  

a. Scheduler.  The Scheduler is responsible for preparing detailed and complex project or construction schedules using Primavera or similar computer software, or is responsible for detailed analysis and evaluation of such schedules prepared by others.  The Scheduler performs analysis and evaluation of the impacts of construction activities at the site and their impact on normal operations at the site.  The Scheduler performs analysis and evaluation of change orders, claims, and other project events and reports on their impacts on the construction quality and schedule.

b. Cost Estimator. The Cost Estimator prepares detailed cost estimates of major capital projects during all phases of projects, from conceptual design estimates through change order estimates during construction. Such cost estimates shall be based on industry standard cost estimating databases, supplemented by local cost data and experience, using formats and methodologies consistent with current industry practices.
c. Other Specialty.   The parties recognize that additional special skills requiring a 5% incentive may be identified by the City or the JUCC.  Such additional special skills shall be entitled to receive the above premium upon approval of the City's Human Resources Director after appropriate consultation with affected Departments.

6.1 Principles

6.1.1 The parties agree that a Joint Union-City Committee (JUCC) shall be a forum for communication and cooperation to support the joint mission to deliver high quality, cost effective services to PUC and DPW major capital projects.

6.1.2 The parties agree that both parties bring value, talent and the resources necessary to provide excellent public service in furtherance of the CIP's primary objectives.

6.1.3 The parties agree that the JUCC will help further the parties' following mutual interests:

a. To improve our relationship;

b. To provide a supportive, productive, challenging, high-quality work environment in which all employees are treated with dignity and respect and are valued for their individual and team contributions;

c.  To ensure gains in efficiency, effectiveness and accountability thereby helping to ensure that the PUC CIP and other capital projects are delivered with the highest quality, on-time and on-budget;

6.1.4 The parties agree that the JUCC is vital to the success of this Agreement and that the primary mission of the JUCC shall be to ensure that this Agreement functions effectively and that disputes are resolved expeditiously in support of the PUC CIP’s primary objectives.

6.1.5 The parties incorporate by reference the Agreement between the PUC and the Union dated November 16, 2001 which describes the participants in and scope of the JUCC.  The parties further agree to incorporate by reference the Memorandum of Understanding between the PUC and DPW, dated October 9, 2002 which also addresses the JUCC.  To the extent inconsistencies exist between either the November 16, 2001 Agreement or the October 9, 2002 MOU and this Agreement, this Agreement shall supercede.

6.2 JUCC Steering Committee

6.2.1 The JUCC shall consist of a steering committee consisting of five representatives selected by the City and five representatives selected by Local 21.  Each side may select one alternate.  

6.2.2 The JUCC shall be co-chaired by the Assistant General Manager for Infrastructure or designee and the Executive Director of IFPTE, Local 21 or designee.

6.2.3 The JUCC may appoint additional City and Local 21 representatives to staff sub-committees or to participate in JUCC matters as necessary.

6.3 Scope of Issues

6.3.1 The parties agree that the JUCC shall be an advisory body charged with the following responsibilities:

a. review of CIP and – other major capital projects’ core labor issues including staffing, contracting, recognition, working conditions and organizational process improvements;

b. advice and recommendations regarding the meaning, interpretation, or application of this Agreement;

c. advice and recommendations regarding issues which both the City and the Union agree to submit to the JUCC;

d. advice and recommendations regarding necessary specialty assignments as described in Section 5.3.2(d);

e. review of DPW and PUC RFP’s and/or RFQ’s for Personal Service Contracts for services pertaining to the delivery of major capital projects.

f. advice and recommendations regarding the City’s forecasts of capital project workloads and staffing availability.

g. creation, deletion or modification of necessary sub-committees.

6.3.2    The parties acknowledge that the JUCC does not in any way displace the City's UCRC or grievance procedures described in the collective bargaining agreement between the parties.

6.4 Sub-Committees

6.4.1 The JUCC shall initially include the following sub-committees, subject to change as set forth in Section 6.3.1 (f).  The composition and membership of each sub-committee shall be subject to the discretion of the steering committee.

    a. Staffing and Contracting

    b. Performance Recognition and Incentive Programs

    c. Working Conditions

    d. Organization and Process Improvement

6.4.2  The “Quality Initiatives Council” (QIC) shall be incorporated into the JUCC. The “Process Improvement Teams” (PIT’s) of the QIC shall be reconstituted as subcommittees of the JUCC subject to the     provisions of 6.3.1(f) and 6.4.1.

6.5 Meetings.  The JUCC Steering Committee and all subcommittees shall meet as required but not less than quarterly except by mutual agreement.

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ARTICLE VII – EXPEDITED GRIEVANCE PROCEDURE

7.1 Except where specifically excluded, all disputes between Local 21 and the PUC or DPW covered by this Agreement which cannot be addressed through the JUCC may be submitted by mutual agreement to expedited arbitration as set forth in Article I.E.(10) of the MOU.

7.2 All other disputes involving the application or interpretation of the parties’ MOU shall be resolved pursuant to the grievance procedures set forth in Article I.E. of the MOU.  

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ARTICLE XIII – SAVINGS CLAUSE

8.1 The parties agree that in the event any article, provision, clause sentence or word of the Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.  The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word which will meet the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or word in question.

8.2 The parties further agree that in the event that a decision of a court of competent jurisdiction materially alters the terms of the Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

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ARTICLE IX – TERM

9.1 This Agreement shall continue in full force and effect through June 30, 2027.

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APPENDIX D: PSC ADDENDUM

WHEREAS, the City and the Union acknowledge the need to reduce the cost of Personal Service Contracts in the City budget, and desire to preserve the employment of City employees;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

1. In any budget proposal for FY 2009-2010, the Mayor will reflect a reduction of the aggregate dollar value of Professional and Specialized Services (including Personal Service Contracts (PSCs)) paid through the General Fund by not less than $25 million and, if practicable, by as much as $30 million relative to the value of such services in FY 2008-2009.

2. The City has recommended to the Board the elimination of the CPI for contracts, materials, and supplies for FY 09-10.  (Est. $13.5 million)

3. Through FY 2009-2010, the City agrees to use its best efforts to establish opportunities for individuals on the holdover list for Local 21 classifications to obtain employment in the City’s enterprise departments.  

4. During FY 2009-2010, the City will subject departmental requests for requisition approval by general fund departments to increased scrutiny.  The process, involving the Mayor’s Office and the Department of Human Resources, requires submissions of organizational charts and additional justification to obtain approvals.  Approvals will be based on criteria including: (i) whether the positions are revenue-generating; (ii) whether they are needed to meet safety-related, legal or contractual requirements; (iii) the extent to which the position affects a core City function; and (iv) the impact of filling the positions on the general fund.

5. The City will meet quarterly with the Union to provide information on its efforts pursuant to paragraph 3, and on all departmental requests and approvals under paragraph 4.

6. The Mayor’s Chief of Staff will conduct a review by July 1, 2009 to determine whether the design and construction management work proposed by the Recreation and Park Department at Palega Playground should be performed by the Department of Public Works and to explore possible ways to resolve any future disputes involving the MOU between DPW and Rec and Park.  As part of this review, the Chief of Staff shall chair a meeting of representatives of Local 21, DPW and Rec and Park.  The Chief of Staff will prepare a document memorializing the determinations. Nothing in this paragraph shall prejudice the Union’s right to pursue legal action against the Civil Service Commission with respect to its decision to permit a PSC contract covering the Palega Playground work.

7. The City and Local 21 agree to establish a special joint citywide Labor-Management subcommittee to the PEC joint labor management committee created in section 7a. of this appendix:

a. Review areas of General Fund and Enterprise PSCs and other city contracts affecting Local 21 members with the goal of ensuring appropriate use of Local 21 represented Civil Service classifications in construction management, inspection, and other work performed by Local 21 represented classifications.

b. Explore establishing workload forecasting by city departments.

c.  Review PSC processes, form(s) and tracking of PSCs, and RFP notice requirements.

The Committee will be formed with three representatives from the Union and three from management.  Release time is to be provided for work of this Committee.

7a. The City and the PEC shall form a joint labor management committee on personal service and construction/maintenance contracts to do the following:

7b. a. Review areas of General Fund and Enterprise PSCs and other city contracts, including construction/maintenance contracts, affecting members with the goal of ensuring appropriate use of Civil Service classifications.

7c. b. Explore establishing workload forecasting by city departments.

7d. c. Review PSC processes, form(s) and tracking of PSCs, and RFP notice requirements and recommend improvements.

7e. d. Existing committees set out in individual union MOUs shall continue as sub-committees under this provision but shall take on specific areas of concern so as to avoid redundant efforts.  Parties agree to set meeting agendas in advance to increase efficiency. 
    
7f. e. The Committee will be comprised of eight (8) members of the Public Employee Committee and eight (8) City representatives.  Release time is to be provided for work of this Committee.  The Committee will complete its work by June 30, 2012.

Update as of July 1, 2012

The joint Labor-Management committee on personal services contracts as described above in paragraph 7 met as agreed and successfully concluded their work early, establishing the attached non-grievable letter of understanding executed on March 28, 2012.  Said letter of understanding is attached for informational purposes only and is not subject to the grievance procedures under this Agreement or to interest arbitration.  Further, the parties agree that the letter of understanding is not intended to and shall not be interpreted to impinge on matters within the jurisdiction of the Civil Service Commission as specified in Charter Section A8.409-3.

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APPENDIX E: SUBSTANCE ABUSE PREVENTION POLICY

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.

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.

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.

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 Federation of Professional and Technical Engineers, Local 21, AFL-CIO.

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:

i. Failure to appear for any test within a reasonable time.
ii. Failure to remain at the testing site until the test has been completed.
iii. Failure or refusal to take a test that the Collector has directed the employee to take.
iv. Providing false information.
v. Failure to cooperate with any part of the testing process, including obstructive or abusive behavior or refusal to drink water when directed.
vi. 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.
vii. Adulterating, substituting or otherwise contaminating or tampering with an oral fluids specimen.
viii. Leaving the scene of an Accident without just cause prior to submitting to a test.
ix. Admitting to the Collector that an employee has Adulterated or Substituted an oral fluid specimen.
x. Possessing or wearing a prosthetic or other device that could be used to interfere with the collection process.
xi. 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.

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.

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) If 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.

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 the employee 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.

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.  

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.

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.

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.

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.  

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

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.  

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                 

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]

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 F: TechHire Program

The purpose of the TechHire Program (“Program”) is to speed recruitment and filling vacancies in technologist classifications, expand training opportunities for employees in those classifications, foster diversity of the City’s technology workforce, and ensure exempt technologist hiring conforms to Charter requirements.  

1. Training: The Technologist Training Fund under the purview and administration of the Department of Technology, for the purpose of upgrading the skills and competencies of City technologists shall be allocated not less than $100,000 annually as noted below:

Funds from the PUC, Airport, Port, and MTA will be used solely for employees of the respective departments.

2. Revision of IT Series Classification Specifications:  The Union agrees not to oppose revised minimum qualifications for technology classifications.  In turn, the City agrees that salary comparisons used in labor negotiations involving technology classifications will base job matches on job functions and responsibilities and not on minimum qualifications.

3. Demographic Report: At least once annually, the City will provide the Information Technology Advisory Committee (ITAC) with reports on the demographics of the City’s technologist workforce, in a manner that protects employee privacy.  

4. Twice Yearly Meeting:  The City and the Union will devote one ITAC meeting every six months to the Program, in which results of the Program will be reviewed.  The parties will review success in: 

a) speed in recruitment and filling vacancies;
b) training efforts;
c) fostering the diversity of the technology workforce; and
d) ensuring exempt technologist hiring conforms to City Charter Requirements.

5. Review of Classifications Categorized as Exempt from the Civil Service: The City will review the list of classifications that the Union believes may be inappropriately categorized as exempt from civil service, and will engage in good faith efforts to remedy appointments in any such classes if the City determines the class is inappropriately categorized.

6. Upon the Union’s request, the Union and the City will meet and discuss the use of the Category 12 Technology Expert I-9976 appointments by December 31, 2024. 

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APPENDIX G: UNION ACCESS TO NEW EMPLOYEES PROGRAM

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.  

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, and any employee who has promoted or transferred into the bargaining unit.

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  

3. employment status, rights, benefits, duties, responsibilities, or any other employment-related matters.

4. 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 up to forty-five (45) minutes and not fewer than thirty (30) minutes to meet with represented new employees and any employee who has promoted or transferred into the bargaining unit who are present. 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, and shall have the option of placing the Union presentation as the final item on the agenda for the portion of NEO when all bargaining unit participants are still present. One (1) of the Union’s representatives may be a Union member designated by the Union; if at least ten (10) or more represented new employees are present, the Union may bring up to two (2) Union members. 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.

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.

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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APPENDIX H: TRANSITION OF CATEGORY 18 POSITIONS AND PROVISIONAL APPOINTMENTS TO PERMANENT CIVIL SERVICE APPOINTMENTS

The parties agree to the following process to review and identify San Francisco Charter Section 10.104.18 (Category 18) positions in classifications represented by the Union that are appropriate for conversion to Permanent Civil Service (“PCS”) status.

Step 1: Identify Positions for Possible Conversion 

The City shall present positions grouped by Job Classification for conversion to PCS status by the target dates listed below.  Should the Union disagree with a position not identified for conversion, the City and the Union will meet to discuss after the target date.

1) All Category 18 appointments in a classification where the number of appointments is greater or equal to 50 as of July 1, 2024. Target date: December 31, 2024.

2) All Category 18 appointments in a classification where the number of appointments are greater or equal to 20 as of July 1, 2024.  Target date: June 30, 2025.

3) All remaining Category 18 appointments made prior to July 1, 2024. Target date: December 31, 2026.

Step 2: Testing Process for Positions Converted from Category 18 to Permanent Civil Service

The testing process shall be either:

Option A:
The DHR director will propose changes to the Civil Service Rules to allow the City to use alternative merit based selection procedures to address the positions identified for conversion to PCS, and to provide an expedited pathway for PCS appointments.

Option B:
Conduct the appropriate exam for each identified position in accordance with DHR procedures and the Civil Service Rules.

Under both Option A and B, the Union and the City agree to use “rule of the list” as the default certification rule for all eligible lists positions identified through this process.

Step 3: Duration of Probationary Period

If the successful candidate in the converted position has served in the hiring Department for at least 2080 hours in the same classification, then the employee’s probationary period shall be 40 hours, excluding any time off for leave, vacation, other types of time off (not including legal holidays), or overtime.

This process will not supersede Article II.B. Probationary Period in the parties' MOU unless expressly agreed upon by the parties.

The parties agree to meet bimonthly for Fiscal Year 2024 - 2025 to address issues related to identification and conversion.  Thereafter, the parties agree to meet quarterly.

PROVISIONALS

Prior to October 1, 2024, the City and the Union shall meet to review all provisional appointees hired prior to July 1, 2024 by classification represented by IFPTE, Local 21.

By December 31, 2024, the City shall present an anticipated civil service examination plan for all Job Classifications with provisional appointments hired prior to July 1, 2024.

The City and the Union shall meet and make joint proposals to the Civil Service Commission requesting Civil Service Rule changes to the hiring process to provide current provisional appointees an expedited opportunity to transition to permanent civil service.

The Union and the City agree to use “rule of the list” as the default certification rule for all eligible lists established through this process.

The parties agree to meet bimonthly for Fiscal Year 2024 – 2025 to address issues related to provisional appointments.  Thereafter, the parties agree to meet quarterly to continue to review and transition provisional employees to Permanent Civil Service (PCS) status.

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SIDELETTER

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Health at Home Productivity

The National Association for Home Care and Hospice and the California Association for Health Services at Home provide best practices and guidelines for health at home programs and recommend basing patient visits per day on factors like geography and patient acuity.  To better ensure the financial sustainability of the Health at Home program and to be consistent with best practices for providing high-quality care to patients, the Department of Public Health (DPH) and the Union are committed to moving towards such an acuity-based and geography-based model to determine patient visits per day for employees who work in the Health at Home program.  

DPH will meet with affected staff to review alternate models and to solicit recommendations for implementation of a new model.  Prior to implementation of the new model, DPH will provide notice to Local 21 regarding any changes in developing the model, negotiate over matters within the scope of bargaining, and meet and confer with the Union on any impacts of the change.

Until the new model is implemented, productivity standards shall be as described herein:

The Productivity Standard for Health at Home is the following (or its equivalent):
    
Four (4) case manager revisits per day, or
Five (5) non-case manager revisits per day (Carry-calls)

It is understood, reflecting the Oasis paperwork required on these visits that, in calculating the above standard:

1. A new referral or new admission is equal to two (2.0) revisits.
2. A re-certification visit is equal to 1.5 revisits.
3. A resumption of care visit is equal to 1.5 revisits.

These standards will expire and will no longer be applicable effective June 30, 2027 or as soon as practicable thereafter should more time be needed to implement the new model.

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SIDE LETTER AGREEMENT

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RE: DHR HIRING PROPOSALS

The parties are entering into this side letter to identify and set in motion, to the extent permissible under the San Francisco City Charter and Civil Service Rules, expedited selection processes to address the City’s current vacancy rate in permanent civil service positions and reliance on project-based (Charter section 10.104.18) positions.  Given the significant number of vacancies, expected retirements, and reliance on overtime and temporary employees, the parties recognize the urgency to make changes to the City’s hiring processes in order to best deliver critical services to the public.

First, the Department of Human Resources is committed to using existing tools and resources to streamline City hiring processes, including:

• eliminating unnecessary administrative approvals for a position request to fill (RTF);
• expanding the use of online on-demand exams and continuous class-based testing; 
• modifying or adopting new screening and assessment tools to evaluate applicants for entry-level and promotional exams; and
• streamlining hiring selection and approval processes to deliver qualified candidates to departments more quickly.

Second, the parties recognize that under the City Charter section 10.101, the Civil Service Commission has the legal authority to establish examination and appointment rules, and many of those rules must either be amended, updated or rescinded to provide a merit-based system that better serves applicants, City employees and departments.

To that end, the DHR Director will seek appropriate Civil Service Rule amendments to allow the City to fill vacant permanent positions more rapidly, including amendments that will make it easier for Charter Section 10.104.18 (Category 18) employees to seek Permanent Civil Service (PCS) appointments.  These Civil Service Rule changes may include:

• using rule of the list as the default certification rule for certain examination types;
• developing alternative merit-based selection processes to allow Category 18 employees to apply for and be appointed to Permanent Civil Service (PCS) positions; 
• changing the types of matters appealable to the Civil Service Commission; 
• reducing the minimum posting periods for Civil Service examination announcements; and
• other changes to the Civil Service Rules to allow for expedited hiring.

The City and the Union agree to meet as soon as practicable to discuss making joint proposals to the Civil Service Commission requesting the Civil Service Rule changes described above.

Nothing in this side letter shall prevent either party from proposing rule changes, making recommendations, or taking other actions at the Civil Service Commission outside of the process set forth in this side letter to streamline City hiring processes.

Standby Pay & Call Back

In the event of a system level emergency (excluding municipal fiber, radios and broadcasting):

1. Engineers assigned to Standby “shall respond immediately when paged or called.” (Local 21 MOU, Paragraph 271.)
2. Employees who are not on standby may also be called back to work in accordance with Paragraph 273 of the Local 21 MOU (“Call Back”). The call-back provision in the Agreement does not place a mandatory burden on employees to be available for after-hours work. Instead, it provides conditions in the event an employee is able and willing to respond to a call to return to work after the end of the workday.

This is a reminder that the Network Operations Center (NOC) contacts DT staff on their cell phone or with Everbridge to support the emergency response and should an employee be contacted, DT expects that the employee will respond if at all possible. All provisions relative to call back pay or compensatory time will apply. These provisions will also apply should the employee be able to resolve the problem remotely.

The City has entrusted DT with support for mission critical infrastructure, communications and business systems.  DT senior staff provide 24-hour on-call support to ensure rapid recovery from software or hardware problems for mission-critical systems and networks. The Callback function further supports this mission. When an employee is called back under these conditions, the Department expects able and available employees to answer and respond to the call. If you are unable to respond, the NOC will note that and try to locate someone else with the needed skills.

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