Joint Craft Unions (July 1, 2024 to June 30, 2027)

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ARTICLE I - REPRESENTATION

1. This Memorandum of Understanding (hereinafter "Agreement") is entered into by the City and County of San Francisco (hereinafter "City") through the designated representatives acting on behalf of the Bricklayers and Allied Crafts, Local 3; Hod Carriers of LiUNA, Local 261; Carpet, Linoleum and Soft Tile Workers, Local 12; Plasterers and Cement Masons, Local 300; Glaziers, Architectural Metal and Glass Workers, Local Union No. 718; International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artist and Allied Crafts of the United States, Its Territories, and Canada, Local 16; Structural Ornamental, Reinforcing Iron Workers, Riggers and Machinery Movers, Plasterers and Shophands, Local 66; United Union of Roofers, Waterproofers and Allied Workers, Local 40; International Association of Sheet Metal, Air, Rail, and Transportation Workers, Sheet Metal Workers Local Union No. 104; Teamsters, Local 853 (hereinafter "Union(s)").

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I.A. RECOGNITION

2. The City acknowledges that the Unions have been certified by the Civil Service Commission as the recognized employee representative, pursuant to the provisions as set forth in the City's Employee Relations Ordinance for the following classifications:
 
7307 Bricklayer Unit 4 Local 3
7378 Tile Setter Unit 4 Local 3
 
7428 Hod Carrier Unit 10 Local 261
 
7311 Cement Masons Unit 39 Local 300
7398 Apprentice Cement Mason I Unit 39 Local 300
7399 Apprentice Cement Mason II Unit 39 Local 300
 
7326 Glazier Unit 41 Local 718
7233 Glazier Supervisor I Unit 41 Local 718
 
1766 Media Production Technician Unit 6 Local 16
1767 Media Programming Specialist Unit 6 Local 16
1769 Media Production Supervisor Unit 6 Local 16
1777 Media Security Systems Specialist Unit 6 Local 16
1781 Media Security Systems Supervisor Unit 6 Local 16
7377 Stage Electrician Unit 6 Local 16
 
7389 Metalsmith Unit 35 Local 377
7395 Ornamental Iron Worker Unit 35 Local 377
9342 Ornamental Iron 
Worker Supervisor I Unit 35 Local 377
9346 Fusion Welder Unit 35 Local 377
 
7361 Plasterer Unit 14 Local 66
 
9343 Roofer Unit 13 Local 40
9344 Roofer Supervisor I Unit 13 Local 40
 
6235 Heating and Ventilating Inspector Unit 15 Local 104
7247 Sheet Metal Worker Supervisor II Unit 15 Local 104
7376 Sheet Metal Worker Unit 15 Local 104
9345 Sheet Metal Worker Supervisor I Unit 15 Local 104
 
7393 Soft Floor Coverer Unit 5 Local 12
7394 Soft Floor Coverer Supervisor Unit 5 Local 12
 
7251 Track Maintenance 
Workers Supervisor I SFMTA Local 853
7355 Truck Driver Unit 20 Local 853
 
3. The terms and conditions of this Agreement shall also be automatically applicable to any classification that is accreted to the units covered by this Agreement during its term. This Agreement shall not automatically extend to bargaining units for which the Unions have established a representative status through affiliations or service agreements. Upon request of a Union, the City will meet and confer concerning proposed changes to bargaining units.

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I.B. INTENT

4. It is the intent of the parties signatory hereto that the provisions of this Agreement shall not become binding until adopted or accepted by the Board of Supervisors by appropriate action.

5. 1. Moreover, it is the intent of the Mayor acting on behalf of the City to agree to wages, hours, and other terms and conditions of employment as are within the Mayor’s jurisdiction, powers, and authority to act as defined by the Charter, state law, California Constitution and other applicable bodies of the law.  The Mayor does not intend nor attempt to bind any board, commission or officer to any provisions of this Agreement over which the Mayor has no jurisdiction.

6. It is the intent of the parties that the provisions of the main body of this Agreement apply generally to all classifications of employees covered by this Agreement, except as otherwise limited herein to specific classifications or unions.  The Appendices attached apply to employees represented by specific unions, as detailed in each appendix.

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I.C. OBJECTIVE OF THE CITY

7. It is agreed that the delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and its employees.  Such achievement is recognized to be a mutual obligation of the parties to this Agreement within their respective roles and responsibilities.

8. The Unions recognize the City's right to establish and/or revise performance levels, Standards or norms notwithstanding the existence of prior performance levels, norms or standards.  Such standards, developed by usual work measurement procedures, may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or group of employees.  The City shall meet and confer prior to the implementation of any production quotas.

9. Employees who work at less than acceptable levels of performance may be subject to disciplinary measures in accordance with applicable Charter provisions and rules and regulations of the Civil Service Commission.

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I.D. MANAGEMENT RIGHTS

10. The Unions agree that the City has complete authority for the policies and administration of all City departments which it shall exercise under the provisions of law and in fulfilling its responsibilities under this Agreement.  Said authority shall include the establishment of work rules and regulations not inconsistent with the terms of this Agreement.  Any matter involving the management of governmental operations vested by law in the City and not covered by this Agreement is in the province of the City.

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I.E. NO WORK STOPPAGES

11. 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. Represented employees are also bound by the above. The City agrees not to conduct a lockout against any of the employees covered by this agreement during the term of this Agreement.

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I.F. JOINT ADVISORY COMMITTEE

12. Signatory Unions to the Consolidated Crafts Agreement and the U.A. Local 38 Agreement (collectively "the Unions") may, at their option, cause the establishment of a Joint Advisory Committee (Joint Committee) consisting of one member appointed by U.A. Local 38, one member appointed by the signatories to the Consolidated Crafts Agreement, and two members appointed by the City’s Employee Relations Director, which shall review and attempt to resolve grievances and other matters of concern including, but not limited to, the uniformity of interpretation of this Agreement.  The Joint Committee may issue unanimous advisory non-binding opinions; however, nothing in this section shall authorize the Joint Committee to take any action that would bind either the Unions or the City.  Any unanimous advisory non-binding opinion issued by the Joint Committee shall not be used by either party in any arbitration proceeding conducted under this Agreement or in any other adversary proceeding.  No written opinions may be issued by the Joint Committee without the unanimous support of all four members.  The Joint Committee shall calendar no less than four meetings per year on a quarterly basis.

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I.G. UNION ACCESS

13. The Business Representatives of the Union shall have reasonable access to the job site during working hours for the purpose of conferring with members of the Union regarding the manner in which compliance with the terms of the Agreement are being met.  The Union agrees that such contact will in no way interfere with the work of the Department.

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I.H. GRIEVANCE PROCEDURE

14. 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 

15. 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 this Agreement pursuant to Charter Section A8.409 et seq.

16. A grievance does not include the following:

17. a. All civil service rules excluded pursuant to Charter Section A8.409-3.

18. 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.

19. 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.

20. 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

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

22. 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.

23. 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.

3. Grievance Description

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

25. 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;

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

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

4. Steps of the Procedure

28. 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.

29. 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.

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

31. 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.  

32. 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.

33. 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. 

34. 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 grievance should also contain copies  of all earlier correspondence (i.e. earlier grievance submissions and  responses), materials, and evidence submitted at the earlier steps of  the Grievance Procedure. The Director may convene a grievance meeting within fifteen (15) calendar days of the appeal with the grievant  and/or the grievant's Union. The Director shall respond to the  grievance  in writing within fifteen (15) calendar days of the meeting or, if none is  held, within fifteen (15) calendar days of receipt of the appeal. The  response shall specify the reason or reasons  for concurring with or  denying the grievance.

35. A grievance arising from a final disciplinary decision 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 day 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.

36. 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. 

37. 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

38. Grievances of disciplinary suspensions of not greater than fifteen (15) days, and grievances of contract interpretation where the remedy requested would not require approval by the Board of Supervisors shall be resolved through an expedited arbitration process; however, by mutual agreement, the parties may move such matters out of the expedited process to regular arbitration procedures provided herein.

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

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

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

6. Non-Expedited Arbitration

42. 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.

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

44. a. When a matter is appealed to arbitration the parties shall first attempt to mutually agree upon an Arbitrator to hear the matter.  In the event no agreement is reached within five (5) working days, or any extension of time mutually agreed upon, the parties shall request that the State Mediation and Conciliation Service (“SMCS”) provide the parties with a list of seven (7) potential arbitrators.  The parties, by lot, shall alternately strike names from the list, and the name that remains shall be the arbitrator designated to hear the particular matter.

45. b. The parties may, by mutual agreement, agree to an alternate method of arbitrator selection and appointment, including, the expedited appointment of an arbitrator from a list provided by the SMCS.

7. Authority of the Arbitrator

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

47. Any claim for monetary relief shall not extend more than forty-five (45) 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 Arbitration

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

49. 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.

50. 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

51. 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.

52. 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.

53. 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.

54. 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.I. “SKELLY” RIGHTS

55. A permanent non-probationary employee subject to discipline or discharge, shall be entitled, prior to the imposition of that discipline or discharge, to a meeting and to the following:

56. a. A notice of the proposed action;

57. b. The reasons for the proposed discipline;

58. c. A copy of the charges and the materials upon which the action is based, and

59. d. The right to respond either orally or in writing, to the authority initially imposing the discipline.

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I.J. OFFICIAL REPRESENTATIVES AND STEWARDS

1. OFFICIAL REPRESENTATIVES

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

61. The Unions may select up to the number of employees as specified in the Employee Relations Ordinance for purposes of meeting and conferring with the City, during the employee's regular duty or work hours without loss in compensation, on matters within the scope of representation.  If a situation should arise where a Union believes that more than a total of five (5) employee members should be present at such meetings, and the City disagrees, the Union shall discuss the matter with the Employee Relations Director and the parties shall attempt to reach agreement as to how many employees shall be authorized to participate in said meetings.

62. 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.

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

64. 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

64. a. On July 1 of each year, the Unions shall furnish the Department of Human Resources Employee Relations Division with an updated accurate list of stewards and alternate stewards. During the course of the year, the Unions may submit amendments to this list as needed to ensure that the list is accurate and up to date. If a steward is not officially recognized for that area or shift. 

65. b. The Unions recognize that it is the responsibility of the steward to assist in the resolution of grievances at the lowest possible level.

67. c. Upon notification of a designated management person, stewards or designated officers of the Unions 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 Unions will attempt to insure that steward release time will be equitably distributed.

68. Stewards shall be responsible for the performance of their work load, consistent with release time approved pursuant to rules established herein.

69. d. 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 if requested by the employee for purposes of representation.

70. e. 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, or a disciplinary action, to interview an employee during the employee's duty time.

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I.K. UNION SECURITY

1. AUTHORIZATION FOR PAYROLL DEDUCTIONS

71. 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.J. 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.

72. 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.

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

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

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

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

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

78. h. With the exception of subsection (e) above, the Union is responsible for all decisions to initiate, change, and cancel deductions, and for all matters regarding an employee’s revocation of an authorization, and the City shall rely solely on information provided by the Union on such matters.  The City shall direct all employee requests to change or cancel deductions, or to revoke an authorization for deductions, to the Union.  The City shall not resolve disputes between the Union and represented employees about Union membership, the amount of Contributions, deductions, or revoking authorizations for deductions.  The City shall not provide advice to employees about those matters, and shall direct employees with questions or concerns about those matters to the Union.  The Union shall respond to such employee inquiries within no less than 10 business days.

2. INDEMNIFICATION

79. The Union shall indemnify, hold harmless, and defend the City against any claim, including but not limited to any civil or administrative action, and any expense and liability of any kind, including but not limited to reasonable attorney’s fees, legal costs, settlements, or judgments, arising from or related to the City’s compliance with this Section I.J.  The Union shall be responsible for the defense of any claim within this indemnification provision, subject to the following: (i) the City shall promptly give written notice of any claim to the Union; (ii) the City shall provide any assistance that the Union may reasonably request for the defense of the claim; 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 I.J. 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.L. BULLETIN BOARDS

80. Upon request by the Union(s), departments shall provide reasonable space on bulletin boards for use by the Union(s) to communicate with its represented employees.

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I.M. APPRENTICESHIP PROGRAM

81. The parties agree to meet to discuss the development of mutually agreeable apprenticeship programs.  The specific provisions of the apprenticeship programs shall be subject to agreement between the City, the Civil Service Commission (where appropriate), and the Union(s).

82. The following journey-level classes (“Apprenticeable Classes”) shall be eligible for an apprenticeship program:
 
7307 Bricklayer
7378 Tile Setter
7311 Cement Mason
7326 Glazier
7395 Ornamental Iron Worker
9346 Fusion Welder
7361 Plasterer
9343 Roofer
7376 Sheet Metal Worker

83. The following provisions shall apply to all current Apprenticeship programs and any future  Apprenticeship program that is negotiated between the parties.

84. a. Any agreement setting forth the terms of such apprenticeship programs will be included in specific Appendices to this Agreement for each participating Union.  For each fiscal year of this Agreement (the period from July 1 through June 30), the City shall allocate to each participating Union’s Training Fund an amount for each participating apprentice, prorated for any partial year.  Nothing in this Agreement shall be construed as committing the City to join any Union or affiliated entities trust fund.

85. b. Each Union agrees to provide regular reports to the City to verify that the apprentices have met their educational / learning requirements.

86. c. The City will appoint apprentices into positions exempt from Civil Service.

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

88. e. The parties agree to make reasonable efforts to reach out to advocacy groups to encourage apprentice job applications. Each Union will advise the City of upcoming apprenticeship recruitments with the intent of posting such information on the City’s website. 

89. f. Each Union agrees to make reasonable efforts to ensure diversity in the composition of panels that conduct apprenticeship program interviews, and will provide information to the City upon request on the composition of these panels.

90. g. The parties agree that the selection process for apprentices who are referred to and placed in City positions shall conform to the “Uniform Guidelines on Employee Selection Procedures” as published and administered by the United States Equal Employment Opportunity Commission.  Upon request by the City, each Union shall provide evidence of the validity and/or validation associated with any and all steps used in any apprenticeship selection process that results in placement in a City department. Such evidence may be in the form of formal reports and studies which have been prepared in a manner that describes compliance with the “Uniform Guidelines.”

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I.N. WORKPLACE SAFETY AND ASSIGNMENTS WORKING GROUP

91. To best ensure the safety of the workforce, the City and Unions shall form a Workplace Safety  and Assignments Working Group to address issues impacting workplace safety. The working group shall be comprised of at least three (3) appointees from the Building Trades Council and  at least 3 appointees from the City. The committee shall be chaired by the Director of the  Employee Relations Division and the Secretary Treasurer of the Building Trades Council, or  their designees. Meetings shall be scheduled at the Unions’ request.

92. The City’s decision to accept or reject the recommendations of the working group are not subject  to the grievance provisions of this Agreement, nor shall the working group have any authority to modify terms of the MOU or meet and confer over bargainable issues.

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ARTICLE II - EMPLOYMENT CONDITIONS

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II.A. NON DISCRIMINATION

93. The City and the Unions 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.

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.

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II.B. AMERICANS WITH DISABILITIES ACT

98. The parties agree that they are required to provide reasonable accommodations for persons with disabilities in order to comply with the provisions of Federal, State and local disability anti-discrimination statutes including the Americans with Disabilities Act and the Fair Employment and Housing Act. The parties further agree that this Agreement shall be interpreted, administered and applied so as to respect the legal rights of the parties. The City reserves the right to take any action necessary to comply therewith. A reasonable accommodation is appealable to the Human Resources Director and/or through the grievance process.

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II.C. PROBATIONARY PERIOD

99. The probationary period as defined and administered by the Civil Service Commission shall be:

100. 2080 regularly scheduled hours worked, including legal holiday pay (LHP), for new appointees.

101. 1040 regularly scheduled hours worked, including legal holiday pay (LHP), for a promotive appointment.

102. 520 regularly scheduled hours worked, including legal holiday pay (LHP), for any other appointment type (i.e. bumping, transfers).

103. 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 a probationary period of no less than 173 regularly scheduled hours worked, including legal holiday pay (LHP), as defined and administered by the Civil Service Commission regardless of time worked in the provisional appointment.

104. The parties may extend the duration of the probationary period by mutual consent in writing.

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II.D. PERSONNEL FILES

105. 1. Only one (1) official personnel file shall be maintained on any single employee. The official file shall be located in the Department's personnel office unless another location is designated and the employee notified in writing.  Each  employee shall have the right to review the contents of the employee’s official  personnel file upon request.  Nothing may be removed from the file by the employee but copies of the contents shall be provided to the employee at the employee’s request.  Copies in excess of 100 pages shall be at a charge of ten (10) cents per page.

106. 2. 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 such materials within thirty (30) days of receipt.  All material in the file must be signed and dated by the author, except for routine payroll and personnel administration documents.  The City may transmit documents to the employee at the employee's last known address by means of U.S. mail or hand delivery, except disciplinary notification which must be sent by certified mail when the employee is on leave.

107. 3. The City shall notify and provide a copy to the Union and to the employee of any derogatory material placed in an employee’s personnel file and allow the employee to provide a response, although the employee is under no obligation to respond and no adverse inference shall be inferred if the employee chooses not to respond.

108. 4. With the approval of the Appointing Officer or designee, the employee may include material relevant to the employee’s performance of assigned duties in the file.

109. 5. Upon request of an employee subject to the approval of the Appointing Officer or designee, material relating to disciplinary action in the employee's file which has been in the file for more than two (2) years may be “sealed” (i.e. shall remain confidential) to the maximum extent legally permissible, provided the employee has had no subsequent disciplinary action since the date of such prior action.  The envelope containing the sealed documents will be retained in the employee's personnel file, to be opened only for purpose of assisting the City in defending itself in legal or administrative proceedings. In no event will the sealed material be used for disciplinary proceedings against the individual in whose file the document (s) have been sealed. Performance evaluations are excluded from this provision.

110. 6. The above provision shall not apply in the case of employees disciplined due to misappropriation of public funds or property; misuse or destruction of public property; misconduct stemming from drug or alcohol abuse; mistreatment of persons (except mere verbal altercations not involving discrimination or threats of violence); acts which would constitute a felony or misdemeanor involving moral turpitude; and/or acts which present an immediate danger to the public health and safety.

111. 7. No action to impose discipline against an employee shall be initiated more than thirty (30) days from the date the employer knows of the conduct after diligent and timely investigation except for conduct which would constitute the   commission of a crime.  Presentation of the charging letter will signify the initiation of the disciplinary action.  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.

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II.E. JURY DUTY

112. 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.

113. Employees assigned to jury services 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.

114. 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.

115. 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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II.F. SUBSISTENCE PAY

116. The City agrees to provide any eligible employee covered by this Agreement with daily subsistence pay in accordance with the Annual Salary Appropriation Ordinance, Section 17.

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II.G. SUBCONTRACTING

117. Subcontracting of Work – City Charter Section 10.104-15

1. “PROP. J” CONTRACTS

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

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

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

121. (1) possible alternatives to contracting or subcontracting;

122. (2) questions regarding current and intended levels of service;

123. (3) questions regarding the Controller's certification pursuant to Charter Section 10.104-15,

124. (4) questions relating to possible excessive overhead in the City's administrative-supervisory/worker ratio; and

125. (5) questions relating to the effect on individual worker productivity by providing labor saving devices;

126. d. The City agrees that it will take all appropriate steps to ensure 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. ADVANCE NOTICE TO UNIONS ON PERSONAL SERVICES CONTRACTS

127. a. Departments shall notify the Unions of proposed personal services contracts where such services could potentially be performed by represented classifications.  At the time the City issues a Request for Proposals (“RFP”)/Request for Qualifications (“RFQ”), or thirty (30) days prior to the submission of a PSC request to the Department of Human Resources and/or the Civil Service Commission, whichever occurs first, the City shall notify the affected union(s) of any personal services   contract(s), including a copy of the draft PSC summary form, where such services could potentially be performed by represented classifications.

128. b. If an affected Union wishes to meet with a department over a proposed personal services contract, the affected union must make its request to the appropriate department within two weeks after the union’s receipt of the department’s notice.

129. c. The parties may discuss possible alternatives to contracting or subcontracting and whether the department staff has the expertise and/or facilities to perform the work.  Upon request by the affected 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.

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

131. e. The City agrees to provide affected unions with notice(s) of departmental commissions and Civil Service Commission meetings during which proposed personal services contracts are calendared for consideration, where such services could potentially be performed by represented classifications.

3. ADVANCE NOTICE TO EMPLOYEE ORGANIZATIONS OF THE CONSTRUCTION/MAINTENANCE OR JOB ORDER CONTRACT

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

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

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

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

136. e. The City agrees to provide the San Francisco Building Trades Council with notice(s) of departmental commissions and Civil Service Commission meetings during which proposed construction/maintenance contracts are calendared for consideration, where such services could potentially be performed by represented classifications.

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II.H. SENIORITY (TEAMSTERS, LOCAL 853; APP. K)

137. For Teamsters, Local 853 provisions regarding Seniority, see Appendix K.

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II.I. SHIFT BIDDING (TEAMSTERS, LOCAL 853; APP. K)

138. For Teamsters, Local 853 provisions regarding Shift Bidding, see Appendix K.

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II.J. TRUCK DRIVER ASSIGNMENTS (TEAMSTERS, LOCAL 853; APP. K)

139. For Teamsters, Local 853 provisions regarding Truck Driver Assignments, see Appendix K.

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II.K. COMMERCIAL LICENSE UPGRADES (TEAMSTERS, LOCAL 853; APP. K)

140. For Teamsters, Local 853 provisions regarding Commercial License Upgrades, see Appendix K.

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II.L. FEES FOR ADDITIONAL LICENSE AND/OR ENDORSEMENTS TO A COMMERCIAL DRIVERS LICENSE (TEAMSTERS, LOCAL 853; APP. K)

141. For Teamsters, Local 853 provisions regarding Fees for Additional License and/or Endorsements to a Commercial Drivers License, see Appendix K.

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II.M. MINIMUM NOTICE FOR DISPLACEMENTS

142. The City will provide ten (10) business days’ notice to employees who are subject to displacement due to layoffs resulting from bumping.  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.

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II.N. UTILIZATION OF PROP F AND EXEMPT EMPLOYEES

143. 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.

144. 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.  The Union reserves the right to appeal or contest exempt appointments to the Civil Service Commission.

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

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

1. is "laid off" from said position;
2. is immediately and continuously employed in another classification with the City, either permanent or temporary; and
3. is thereafter permanently re-employed in the employee’s former classification without a break in service;
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.P. RELEASE OF CATEGORY 18 EMPLOYEES

146. 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.”

147. 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.

148. 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.

149. An employee in a Category 18 appointment is not eligible for these options if the employee is released for any of the following reasons:
 
(a) the employee has served the maximum three-year period in the current appointment; 
 
(b) the project for which the employee was hired ends or is discontinued; 
 
(c) the funding for the project or professional services on which the employee is working is exhausted or discontinued; or 
 
(d) the employee engaged in any of the following misconduct: misappropriation of public funds or property; misuse or destruction of public property; mistreatment of persons (including violation of City policies prohibiting discrimination, harassment or retaliation); dishonesty; or acts that would constitute a felony or misdemeanor. 

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

1. Option 1: Severance

An eligible employee who timely elects severance shall receive one (1) week of severance pay for each full year of continuous service in any Category 18 appointment, up to a maximum of nine (9) weeks of severance pay. Severance pay shall be calculated at the employee’s base hourly rate.  To receive the severance pay, the employee and the Union must sign a release 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. 

2. Option 2: Advisory Administrative Appeal

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

3. Deadline to Elect Option

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

151. 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.Q. BARGAINING UNIT WORK

152. The City agrees that it will not assign work currently performed by employees under this Agreement to City employees in other bargaining units.

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ARTICLE III - PAY, HOURS AND BENEFITS

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III.A. WAGES

1. WAGES

153. Represented employees will receive the following base wage increases:

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

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

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

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

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

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

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

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

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

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

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III.B. MAINTENANCE AND CHARGES

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

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III.C. WORK SCHEDULES

1. NORMAL WORK SCHEDULES

165. a. Unless otherwise provided, a “normal work day” is a tour of duty of eight (8) hours completed within not more than nine (9) hours.

166. b. A “normal work week” is a tour of duty on each of five consecutive days with two consecutive days off.  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.

167. c. Current work schedules (Monday through Friday) as of the effective date of this Agreement will remain in place unless a proposed change is mutually agreed to by the parties.

d. TEAMSTERS, LOCAL 853

168. For additional Teamsters, Local 853 provisions regarding Work    Schedules, see Appendix K.

2. FLEX-TIME SCHEDULES

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

3. ALTERNATE WORK SCHEDULES

170. By mutual agreement the City and Union(s) may enter into cost equivalent alternate work schedules for some or all represented employees.  Such alternate work schedules may include, but are not limited to, core hours flex-time; full-time work weeks of less than five (5) days, or a combination of features mutually agreeable to the parties.  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.

4. EXCEPTIONS

171. a. Specially funded training programs approved by the Department of Human Resources.

172. b. Educational and Training Courses 

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

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

174. 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.

175. 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. 

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

177. d. Work Schedule - Remote Locations 

On operations conducted at remote locations where replacements are not readily available, or on operations involving changes in shifts, or when other unusual circumstances warrant, the appointing officer may arrange work schedules averaging five (5) days per week over a period of time, but consisting of more than five (5) consecutive days per week with the accumulation of normal days off to be taken at a later date. Such schedules shall be the “normal work schedules” for such operations.

178. e. Camp Mather

Overtime Work schedules at Camp Mather shall continue per current practice, described below.  The Recreation and Parks Department shall seek voluntary sign-up four (4) weeks prior to the Spring, Summer, and Fall tours of duty.  The Recreation and Parks Department shall make best efforts to provide the following schedule:

Day One (Monday): Travel and work day: Eight (8) hours

Day Two Through Five (Tuesday through Friday): Work ten (10) hours per day; paid overtime for hours nine and ten

Day Six and Seven (Saturday and Sunday): Ten (10) hours per day paid overtime

Day Eight Through Eleven (Monday through Thursday): Ten (10) hours per day; paid overtime for hours nine and ten

Day Twelve (Friday): Eight (8) hours work and travel day

The Recreation and Parks Department shall have the right to alter schedules as needed to meet the needs of the Department. 

179. In the event the Recreation and Parks Department cannot offer weekday and/or weekend overtime work, the parties shall meet to discuss the availability of overtime work and make best efforts to resolve any disagreements that may arise.  Room and board while at Camp Mather are provided per the Annual Salary Ordinance. All employees assigned to work at Camp Mather shall be paid travel time to and from Camp Mather.

180. f. Voluntary Reduced Work Week

Employees subject to the approval by the Appointing Officer 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.  Pay, vacation, holidays and sick pay shall be reduced in accordance with such reduced work week.

181. g. Alternate Schedule 

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

182. h. Voluntary Time off Program

The mandatory furlough provisions of Civil Service Commission Rule 120 shall not apply to covered employees.

1. General Provisions:

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

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.
 
2. Restrictions on use of Paid Time Off while on Voluntary Time Off

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

186. ii. 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.

187. 3. Duration and revocation of Voluntary Unpaid Time Off

Approved voluntary time off taken pursuant to this section may not be changed by the Appointing Officer without the employee's consent.

188. Any change in the “normal work week” shall be the subject of meeting and conferring between the Union and the appointing officer.

5. BEST EFFORTS RE: SAT/SUN SHIFTS (PILOT PROGRAM) (TEAMSTERS, LOCAL 853; APP. K)

189. For Teamsters, Local 853 provisions regarding Best Efforts Re: Sat/Sun Shifts (Pilot Program), see Appendix K.

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III.D. COMPENSATION FOR VARIOUS WORK SCHEDULES

1. NORMAL WORK SCHEDULE

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

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III.E. OVERTIME COMPENSATION

191. Voluntary overtime shall be offered equitably among employees covered under the provisions of this MOU within each work unit and/or work location, subject to departmental operational needs.

192. Mandatory overtime shall be distributed equitably among employees covered under the provisions of this MOU within each work unit and/or work location, subject to departmental operational needs.

193. Appointing officers may require employees to work longer than the normal work day or longer than the normal work week.  Any time worked under proper authorization of the appointing officer or the designated representative or any hours suffered to be worked by an employee in excess of a) forty (40) hours per City workweek for weekly overtime, and b) the regular or normal work day for daily overtime, shall be designated as overtime and shall be compensated at one-and-one-half times the base hourly rate which may include a night differential if applicable.  Absence from duty because of leave with pay, military leave with pay, annual vacation or legal holidays shall be considered as time worked in computing a work week for overtime purposes.

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

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

196. For employees working an alternative schedule (such as 4-10s), daily overtime shall be compensated at one-and-one-half times the base hourly rate (including a night differential where applicable) for hours worked in excess of the number of hours in the workday as set forth in the alternative work schedule.  Weekly overtime shall be determined as set forth above.

197. There shall be no eligibility for overtime assignment if there has been sick pay, sick leave or disciplinary time off on the preceding workday, or if sick pay, sick leave or disciplinary time off occurs on the workday following the last overtime assignment.  In light of Department of Transportation regulations, this provision does not apply to employees in classifications 7251 Track Maintenance Supervisor I and 7355 Truck Driver.

198. 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.

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

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

201. 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.  Employees occupying non-"Z" designated positions shall not accumulate a balance of compensatory time earned in excess of 240 hours calculated at the rate of time and one half.

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

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

204. Employees working overtime at the end of their regular shift may request, and the department shall grant, a non-paid break period of up to thirty (30) minutes before the commencement of the overtime period.  Employees working more than four (4) hours of overtime may request, and the department shall grant, a non-paid break period of up to thirty (30) minutes prior to the assigning of further overtime.

1. RECORDATION OF OVERTIME

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

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

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

2. TEAMSTERS, LOCAL 853 (APP. K)

208. For additional Teamsters, Local 853 provisions regarding Overtime, see Appendix K.

3. IATSE, LOCAL 16 REST PERIOD AND MEAL PERIOD

209. For employees represented by IATSE, Local 16 only, any employee who is required to work two shifts with less than eight hours of non-work time between the two shifts, shall receive compensatory time at time-and-one-half that is equivalent to the difference between: (a) eight hours, and (b) the time elapsed between the two shifts.

210. Additionally, each member shall be provided an opportunity to take a thirty (30) minute meal break per shift. The time shall be unpaid and free of duty. In the  event the employee is required to work through the meal period and is not provided a meal period free of duty at a later time, the employee shall be paid for the time at the one-and-one-half-time overtime rate. (Example: employees working through a meal period plus an eight (8) hour shift shall be paid eight and  one-half (8.5) hours at the applicable rate(s)). Any employee who is not permitted  to take a meal period shall notify their supervisor.

211. For the 7377 Stage Electricians, while working for the City, the City will apply the rest periods as set forth in Article II, Section F.4 of the 2022-2024 working  agreement between IATSE Local 16 and SFPAC (copied below), provided,  however, the rest period only concerns hours in City employment.

212. 2022-2024 Memorandum of Understanding between IATSE Local 16 and SFPAC, Article II, Section F.4. REST PERIOD: “No less than a nine (9) hour rest period may be given between daily calls or said employee returns at the applicable overtime rate which continues until a nine (9) hour rest period is completed.”

4. REST PERIOD FOR OTHER LOCALS

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

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

215. Notwithstanding paragraph 195a, an employee may be required to return to work  within the eight (8) hour rest period when a natural disaster or other emergency  occurs and the City determines the employee’s attendance at work is necessary.  If an employee is called back to work for an emergency, hours the employee is required to work within the eight (8) hour rest period shall be paid at the rate of time and one- half (1-1/2). In such situations, employees will be entitled to an  eight (8) hour rest period after the end of the emergency call back assignment.

216. If an employee voluntarily agrees or requests to work an extra shift outside of  their regularly scheduled work hours, the employee is not entitled to eight (8) hours of rest between that shift and their regularly scheduled shift. Nothing in this  provision relieves any employee of reporting to their regular shift if they have voluntarily agreed to or requested additional shifts.

217. The provisions of this section shall not apply to Teamsters 853, whose members are covered by DOT regulation.

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III.F. ADDITIONAL COMPENSATION

1. ACTING ASSIGNMENT PAY

218. a. An employee assigned in writing by the Appointing Officer (or designee) to perform the normal day-to-day duties and responsibilities of a higher classification of an authorized position for which funds are temporarily unavailable shall be entitled to acting assignment pay after the fifth (5th) consecutive work day.  Acting assignment pay shall be retroactive to the first (1st) day of the assignment.

219. b. Upon written approval, as determined by the City, an employee shall be authorized to receive an increase to a step in an established salary schedule that represents at least seven and one half percent (7.5%) above the employee's base salary and that does not exceed the maximum step of the salary schedule of the class to which temporarily assigned.  Premiums based on percent of salary shall be paid at a rate which includes the acting assignment pay.

220. c. 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 months, the relevant department will provide a written report to the Department  of Human Resources explaining why the position has not been filled  through the merit-based exam process.

2.  CALL BACK PAY

221. 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 the employee’s work day and    departure from the employee’s place of employment, shall be granted a minimum of four (4) hours compensation (pay or compensatory time off as appropriate - "Z" employees can only take overtime in the form of compensatory time off) at the applicable rate or shall be compensated for all hours actually worked at the applicable rate, whichever is greater.  Time spent from the time employee accepts the call to the time work commences shall be applied to the above compensation rule, up to sixty (60) minutes.

222. 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.

TEAMSTERS, LOCAL 853 (APP. K)

223. For additional Teamsters, Local 853 provisions regarding Call Back, see Appendix K.

3. CONTAINER CRANE PREMIUM (IRONWORKERS, APP. F)

224. For the Ironworkers, Local 377 Container Crane premium, see Appendix F.

4. CORRECTIONAL FACILITY PREMIUM

225. A premium of $2.00 per hour shall be paid to employees working in a secured and restricted area of the correctional facilities listed below.

226. This premium shall not be added to the employee's base rate of pay for the purpose of calculating overtime.

227. Those facilities where this premium shall apply are listed below:
 
1) County Jail Facilities in San Bruno
2) Youth Guidance Center 
(a) 375 Woodside, San Francisco 
(b) Log Cabin Ranch in La Honda
3) Hall of Justice in San Francisco
4)  County Jail located at 425 7th Street
5) San Francisco General Hospital

5. EPOXY & INDUSTRIAL COATINGS PREMIUM

228. An epoxy premium of $1.00 per hour will be authorized for those hours actually spent in the application of epoxy.

6. EXTENDED TOUR OF DUTY PREMIUM

229. An extended tour of duty shall be a tour of duty of eight hours work completed within eleven consecutive hours but extended over more than nine hours.  There shall be only one split in any tour of duty.  Employees on an extended tour of duty shall be paid for time actually worked and shall be paid 50% above their base rate after the ninth hour.

230. Exception: Employees of Camp Mather who during the summer season work a tour of duty of eight hours completed within thirteen consecutive hours shall be paid $2.00 per day above the compensation to which they are otherwise entitled.

7. HEIGHT WORK PAY

231. Height Work is work performed two floors or fourteen feet (whichever is less) above ground or water.

232. Employees who are required to perform Height Work from a Bos’n Chair, Swing stage, “High Ranger,” or any other hydraulic equipment on or in a building or structure, shall be compensated at the rate of $3.00 per hour above the base rate of pay for the hours actually spent on the Bos’n Chair, swing stage, High Ranger or hydraulic equipment, as determined by the appointing officer.

8. LEAD WORKER PAY 

233. Employees in the covered classes, when approved in writing by their supervisor or foreman as a lead worker, shall be entitled to a fifteen dollars ($15.00) per day  premium where required to perform any two of the following: plan, design, sketch, layout, detail, estimate, order materials, or take the lead on any job where at least two employees are assigned. Only one employee may be designated Lead Worker on any job. Lead positions are responsible for directing the work of  the employees subject to the specific task and are not expected to perform the full  range of supervisory duties or to replace a higher paid classification.

234. Employees are not eligible to receive both Lead Worker Pay and Acting Assignment Pay.

9. MTA PERFORMANCE/ATTENDANCE INCENTIVES GLAZIERS, LOCAL 718; AND SHEET METAL WORKERS, LOCAL 104

235. Consistent with Charter Section 8A.100, the Municipal Transportation Agency (MTA); Glaziers, Local 718; and Sheet Metal Workers, Local 104 agree that  employees will be rewarded for the attaining of various service, performance  and/or attendance goals.

236. The MTA Performance and Attendance Incentive Programs apply only to employees in “service-critical” classes at MTA. 237. The benefits of these programs are only available to “service-critical” employees while employed at MTA.  Employees who leave or transfer out of “service-critical” employment at MTA lose the benefits of these programs.

238. Goal percentage requirements and effective dates for Performance Incentives are updated in July of each year.  Information regarding the goals and effective dates shall be published and posted on the MTA website.  Information on qualifying periods, rewards and/or compensation for Attendance Incentives shall also be posted on the MTA website and/or shall be made available in hard copy upon request of the Union(s).

10. NIGHT DUTY PREMIUM

239. Employees (except for those in classes 7251 Track Maintenance Supervisor I, and 7355 Truck Driver) shall be paid ten percent (10%) more than the base rate for each hour regularly assigned between the hours of 5:00 p.m. and 7:00 a.m. if the employee works at least one (1) hour of the employee’s shift 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.  Shift pay of 10% be shall paid for the entire shift, provided at least five (5) hours of the employee's shift falls between 5:00 p.m. and 7:00 a.m.

TEAMSTERS, LOCAL 853

240. For the Teamsters, Local 853 Night Duty Premium provisions, see Appendix K.

11. PAY FOR CLASS 7355 TRUCK DRIVER WHEN ASSIGNED TO DIFFERENT EQUIPMENT (TEAMSTERS, APP. K)

241. For the Teamsters, Local 853 Pay for Class 7355 Truck Driver When Assigned to Different Equipment, see Appendix K.  

12. SEWAGE PREMIUM

242. Employees assigned to Sewer Repair, shall be entitled to a $8.00 per day premium during the term of this Agreement, when assigned work which requires prolonged routine daily contact with untreated human/animal sewage.

13. STANDBY PAY

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

244. b. STANDBY PAY FOR EMPLOYEES OF THE PUBLIC UTILITIES COMMISSION ONLY

Employees of the Public Utilities Commission (“PUC”) who, as part of the duties of their positions are required by the Appointing Officer to standby when normally off duty to be instantly available on call for immediate emergency service to perform their regular duties, shall be paid twenty (20%) percent of their regular straight time rate of pay for the period of such standby service. When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid while engaged in such emergency service at the usual rate of pay for such service as provided herein.  However, standby pay shall not be allowed in classes whose duties which are primarily administrative in nature. 

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

14. SUPERVISORY DIFFERENTIAL ADJUSTMENT

246. The Appointing Officer or Human Resources Director is authorized to adjust the compensation of a supervisory employee if:

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

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

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

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

251. e. the compensation schedule of the supervisor is less than one full step (approximately 5%) over the employee supervised. In determining the compensation grade of a classification being paid a flat rate, the flat rate will be converted to a bi-weekly rate and the compensation grade the top step of which is closest to the flat rate so converted shall be deemed to be the compensation grade of the flat rate classification.

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

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

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

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

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

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

15. TRAVEL EXPENSE

258. No later than the first pay period after September 1, 2012, active represented employees who received Travel Expense pay in Fiscal Year 2011-2012 shall receive a one-time lump sum payment equal to the amount of Travel Expense pay they received in Fiscal Year 2011-2012.

16. TRAVEL FOR TEMPORARY ASSIGNMENTS

259. If a department temporarily assigns an employee(s) to work at another location, the City shall provide the employee(s) transportation in City-owned vehicles(s) for travel with no loss of pay, provided that the employee’s regular and temporary work locations are not both within the City and County of San Francisco.  In these circumstances, the employee will first report to the employee’s regularly-assigned work location and then travel to the temporary work location.

260. The provision in the paragraph above shall not apply to employees who must be temporarily reassigned due to facility closure.  In the event of such closure, the City will provide the Union with notice and an opportunity to meet and confer over the impact of the closure.

17.  UNDERWATER DIVING PAY

261. Represented employees shall be paid $25.00 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. Represented employees shall be paid $5.00 per hour more than the base hourly rate, exclusive of any additional compensation for other assignments, when assigned and actually engaged in Tending a Diver.

18. WASTE WATER TREATMENT FACILITY PREMIUM

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

19. NO PYRAMIDING

263. There shall be no pyramiding of benefits and/or other premiums beyond that required by the Federal Fair Labor Standards Act.  An employee may be due multiple premiums, however, each premium shall be separately calculated against an employee’s base rate of pay.

20. ASBESTOS CERTIFICATION PREMIUM

264. Effective July 1, 2019, employees in possession of a current Asbestos Hazard Emergency Response Act certification shall be paid a new premium of $2.00 per hour while performing the repair or removal of asbestos.

21. ADCI PREMIUM

265. Effective July 1, 2019, employees assigned to the Port dive crew who maintain a current Association of Diving Contractors International (ADCI) certificate for Air Diver and/or other progressively advanced dive certifications offered by ADCI shall receive a new premium of three percent (“3%”).

22.  PLACARD PAY

267. 7251 Track Maintenance Supervisors and 7355 Truck Drivers driving or operating a vehicle requiring the display of placards under 49 CFR Part 172 will receive $1.50 per hour when driving or operating such a vehicle in addition to any other premiums or differentials the employee is entitled to receive. This provision shall apply only to  employees working in the Department of Public Works and San Francisco Public Utilities Commission.

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III.G. HOLIDAYS AND HOLIDAY PAY

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

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

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

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

1. HOLIDAYS THAT FALL ON A SATURDAY

271. 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 16.4 of the Administrative Code.  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 or next fiscal year.

2. HOLIDAY COMPENSATION FOR TIME WORKED

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

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

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

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

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

4. HOLIDAY PAY FOR LAID OFF EMPLOYEES

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

5. EMPLOYEES NOT ELIGIBLE FOR HOLIDAY COMPENSATION

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

6. FLOATING HOLIDAYS

278. Eligible employees covered by this Agreement shall receive five (5) floating holidays in each fiscal year to be taken on days selected by the employee subject to prior scheduling approval of the Appointing Officer or designee. Employees  hired on an as-needed, intermittent or seasonal basis shall not receive the additional floating holidays.  Floating holidays received in one fiscal year but not used shall be carried forward to the next succeeding fiscal year. The 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. Floating  Holidays may be taken in hourly increments up to and including the number of  hours contained in the employee’s regular shift. No compensation of any kind  shall be earned or granted for floating holidays not taken.

7. FLOATING HOLIDAY PAY FOR EMPLOYEES WHO SEPARATE

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

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III.H. TIME OFF FOR VOTING

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

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III.I. VOLUNTEER/PARENTAL RELEASE TIME

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

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

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III.J. VESTED LEAVE CASHOUTS

283. 1. Cashouts of vested sick leave upon separation are made pursuant to Charter Section A8.363.

284. 2. Cashouts of vested vacation leave upon separation are made pursuant to Administrative Code 16.13.

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III.K. SALARY STEP PLAN AND SALARY ADJUSTMENTS

285. 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. APPOINTMENT ABOVE ENTRANCE RATE

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

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

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

289. c. A severe, easily demonstrated and documented recruiting and retention problem exists, such that all City appointments in the particular class should be above the normal step.

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

2. PROMOTIVE APPOINTMENT IN A HIGHER CLASS

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

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

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

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

295. d. If the appointment is to a craft apprentice class, the employee shall be placed at the salary step in the apprentice class pursuant to this section.  However, advancement to the next salary step in the apprentice class shall not occur until the employee has served satisfactory time sufficient in the apprenticeship program to warrant such advancement.

3. EXEMPT APPOINTIVE POSITION

296. An employee who holds an exempt appointive position whose services are terminated, through lack of funds or reduction in force, and is thereupon appointed to another exempt appointive position with the same or lesser salary grade, shall receive a salary in the second position based upon the relationship of the duties and responsibilities and length of prior continuous service as determined by the Department of Human Resources.

4. REAPPOINTMENT WITHIN SIX MONTHS

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

5. COMPENSATION UPON TRANSFER OR RE-EMPLOYMENT 

a. Transfer

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

b. Re-employment in Same Class Following Layoff

299. 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. Re-employment in an Intermediate Class

300. 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. Re-employment in a Formerly Held Class

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

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III.L. METHODS OF CALCULATION

1. BI-WEEKLY

302. 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.

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III.M. VACATION ACCRUAL

303. The following is for informational purposes only and pursuant to San Francisco Charter Section A8.440 and San Francisco Administrative Code Section 16.

304. Definitions. "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.

305. Award and Accrual of Vacation.  Beginning with the first full pay period after the effective date of this Agreement, an employee shall be awarded the employee's vacation allowance on the first day of the pay period following the pay period in which the allowance is accrued.

306. a. 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.

307. b. 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.

308. c. 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.

309. d. 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:

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

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III.N. SENIORITY INCREMENTS

1. ENTRY AT THE FIRST STEP

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

2. ENTRY AT OTHER THAN THE FIRST STEP

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

313. b. Apprenticeable Classes as defined in Article I.K. and related supervisory classes shall continue to be appointed at step 5.

3. DATE INCREMENT DUE

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

4. EXCEPTIONS:

315. a. 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 may 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.

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

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

318. (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.

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

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

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

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

c. Satisfactory Performance

323. An employee’s scheduled step increase may be denied if the employee’s performance has been unsatisfactory to the City. The Appointing Officer shall provide an affected employee at least sixty (60) calendar days notice    of the Appointing Officer’s intent to withhold a step increase.  However, if the unsatisfactory performance occurs within that time period, the Appointing Officer shall provide reasonable notice of at least 5 days of the Appointing Officer’s intent to withhold a step increase at that time.

324. An employee's performance evaluation(s) may be used as evidence by the City and/or an affected employee in relation to determining whether an employee has performed satisfactorily for purposes of determining whether a step advancement should be withheld.

325. If an employee’s step advancement is withheld, that employee shall be eligible for a step advancement upon the employee’s next anniversary (increment) due date.  An employee’s anniversary date shall be unaffected by this provision.

326. The denial of a step increase is subject to the grievance procedure; provided, however, that nothing in this section is intended to or shall make performance evaluations subject to the grievance procedure.

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

5. TEAMSTERS, LOCAL 853 TRUCK DRIVER SALARY STEPS (APP. K)

328. For Teamsters, Local 853 provisions regarding Truck Driver Salary Steps, see Appendix K.

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III.O. SICK LEAVE WITH PAY LIMITATION

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

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III.P. WORKERS COMPENSATION

330. 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.  Use of compensatory time requires the employee’s appointing officer’s approval.

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

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

332. Employees covered by this Agreement shall be enrolled in the State Disability Insurance program (“SDI”).  The cost of SDI will be paid by the employee through payroll deduction at a rate established by the State of California Employment Development Department.

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III.R. LONG TERM DISABILITY INSURANCE

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

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III.S. HEALTH BENEFIT CONTRIBUTIONS

1. EMPLOYEE HEALTH CARE

334. The City shall maintain the level of health insurance and dental benefits as determined by the Health Service System Board and shall contribute the applicable amount per month for employee coverage.

2. DENTAL COVERAGE

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

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

337. 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.  CONTRIBUTIONS WHILE ON UNPAID LEAVE

338. 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.  HEALTH COVERAGE 

a. Health Coverage Effective January 1, 2014 Through December 31, 2014

1) MEDICALLY SINGLE EMPLOYEES

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

340. For the period January 1, 2014 through December 31, 2014 only, for “medically single employees” (Employee Only) who elect to enroll in the highest cost plan, the City shall contribute ninety percent (90%) of the premium for the second highest cost plan, plus fifty percent (50%) of the difference between: (a) ninety percent (90%) of the premium for the second highest cost plan; and (b) one hundred percent (100%) of the premium for the highest cost plan. Thereafter, for bargaining units 5, 10, and 41 only, the City shall contribute 90% of the premium for the second highest cost plan for such employees.

2) DEPENDENT HEALTH CARE PICK-UP

341. Effective January 1, 2014, through December 31, 2014, for Dependent Coverage (Employee Plus One; Employee Plus Two More), the City shall contribute the greater amount of up to $225 per month or 75% of the dependent rate charged by the City to employees for Kaiser coverage at the dependent plus two level, except as provided below.

b. Health Coverage Effective January 1, 2015

342. Effective January 1, 2015, for all bargaining units, 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:

343. 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:

344. 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:

345. 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

346. 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

347. For purposes of this agreement, and any resulting agreements under paragraph 326 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. 

c. Medically Single Employees Outside of Health Coverage Areas

348. The provisions in paragraphs 316, 317, and 320 above shall not apply to “medically single employees” (Employee Only) who are permanently assigned by the City to work in areas outside 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. 
 
d.  Agreement Not to Renegotiate Contributions in 2014 

349. The terms described in paragraphs 319 through 324 above will be effective in calendar year 2015, and the parties agree not to seek to modify this agreement through the term of any MOU entered into prior to, or in the spring of, 2014. 

e. Other Terms Negotiable

350. While the parties have agreed in paragraph 326 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). 

f. Other Agreements

351. Should the City and any recognized bargaining unit reach a voluntarily bargained agreement that results in City contributions to health insurance premiums exceeding those provided by the Percentage-Based Contribution Model, the City agrees to offer the entire alternate model to the Union as a substitute.

5. HETCH HETCHY AND CAMP MATHER HEALTH STIPEND

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

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

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III.T. PRE-TAX CAFETERIA 125 PLANS

354. The City agrees to maintain the provisions and coverages of the Pre-Tax Cafeteria Plan. 

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III.U. RETIREMENT

355.  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 (0.5%) of the employee retirement contribution to SFERS.

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

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

358. The parties acknowledge that the San Francisco Charter establishes the levels, terms and conditions of retirement benefits for members of the San Francisco Employees Retirement System (SFERS).  The fact that a MOU does not specify that a certain item of compensation is excluded from retirement benefits should not be construed to mean that the item is included by the Retirement Board when calculating retirement benefits.

PRE-RETIREMENT SEMINAR

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

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

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

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

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III.V. FEDERAL MINIMUM WAGE

363. Notwithstanding any of the other provisions of this Agreement, no employee working in a federally funded position shall be paid at a rate less than the established Federal Minimum Wage if that is a condition upon receipt of the Federal funds.

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III.W. FAIR LABOR STANDARDS ACT

364. The City agrees that it will, at a minimum, compensate in a manner consistent with the Fair Labor Standards Act.  No employee covered by this Agreement shall suffer any reduction in benefits as the result of the application of this language.

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III.X. AUTOMOBILE USE, ALLOWANCE AND PARKING

1. AUTOMOBILE USE AND ALLOWANCE (SHEET METAL WORKERS, APP. J)

365. For the Sheet Metal Workers Automobile Use and Allowance provision, see Appendix J.

2. PARKING

366. Current employee parking practices at the locations identified below which have no direct cost to the City on facilities operated by City departments will continue subject to the availability of existing facilities for this purpose. 

367. MUNICIPAL TRANSPORTATION AGENCY
Effective 7/1/2013, MTA employees shall be required to pay for their own parking based on fees established by MTA.

For MTA employees working at the Green Division Yard (2200 San Jose Avenue in San Francisco) and who are represented by Glaziers Local 718 or Sheet Metal Workers Local 104, parking will be provided, as available, free of charge, if parking is provided, as available, free of charge to any MTA employee represented by either IBEW Local 6 or IAM Local 1414.

368. DEPARTMENT OF PUBLIC WORKS

2323 Cesar Chavez

369. AIRPORT

682 McDonnell Road
692 McDonnell Road (Sheet Metal Shop)

370. RECREATION & PARKS

100 Martin Luther King Drive

371. DEPARTMENT OF PUBLIC HEALTH

Laguna Honda 
Laguna Honda will not charge for parking for one Teamster driver per shift, provided the parking space that is used is the space occupied by a City vehicle to be used by the driver.
SFGH

372. WATER DEPARTMENT

Millbrae
Sunol
Hetch Hetchy
1900 Newcomb Avenue

373. As long as the Maintenance Division is located at Pier 50, employees will have access to parking at either Pier 50 or Pier 90. To the extent parking is made available at other job sites, employees will have access to such parking. When parking is not available at other job sites, the Port will provide transportation for employees from either Pier 50 or Pier 90 to the job site.

GLAZIERS, LOCAL 718

374. For additional Glaziers, Local 718 Parking provisions, see Appendix E.

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III.Y. ADMINISTRATIVE CODE CHAPTER 12W – PAID SICK LEAVE ORDINANCE

375. 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.Z. AIRPORT EMPLOYEE COMMUTE OPTIONS PROGRAM

376. 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, or amendment or termination of the Eco   Program, is not subject to the grievance procedure.

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III.AA. LIFE INSURANCE

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

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ARTICLE IV - TRAINING, CAREER DEVELOPMENT AND INCENTIVES

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IV.A. TRAINING, CAREER DEVELOPMENT AND INCENTIVES

378. Represented employees shall be on paid status when assigned to attend required educational programs scheduled during normal working hours.

SHEET METAL WORKERS, LOCAL 104 (APP. J)

379. For Sheet Metal Workers Training, Career Development, and Incentives provisions, see Appendix J.

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IV.B. TUITION REIMBURSEMENT

1. SHEET METAL WORKERS, LOCAL 104

380. The City agrees to allocate $750 to a Tuition and Training Reimbursement Fund in each fiscal year for the term of this Agreement for the exclusive use of classifications represented by the Sheet Metal Workers, Local 104. The provisions of the Reimbursement Fund are included in Appendix J of this Agreement.

2. TEAMSTERS, LOCAL 853

381. The City will contribute annually to the Employee Tuition Reimbursement Program for the exclusive use of employees represented by the Teamsters, Local 853.  On July 1, 1999, the City will contribute $6,000.00 into this fund.  Effective July 1, 2000, the City will contribute an additional $3,000.00 annually (up to a total fund maximum of $9,000.00) to the employee Tuition Reimbursement fund.  The maximum annual allocation for each covered employee shall be seven hundred and fifty dollars ($750.00) per fiscal year for courses approved in accordance with guidelines established by the Department of Human Resources. Any non-allocated tuition or tuition allocated, but not used within the fiscal year, will be carried forward into the next fiscal year.

3. BRICKLAYERS, HOD CARRIERS, CEMENT MASONS, GLAZIERS, IATSE, IRON WORKERS, FLOOR COVERERS, PLASTERERS, AND ROOFERS

382. The City agrees to allocate a total of four thousand five hundred dollars ($4,500) per year to the Tuition Reimbursement Program for the exclusive use of classifications represented by the Bricklayers, Local 3; Hod Carriers, Local 36; Cement Masons, Local 300; Glaziers, Local 718; IATSE, Local 16; Iron Workers, Local 377; Carpet, Linoleum and Soft Tile Workers, Local 12; IATSE, Local 16; Plasterers, Local 66; and Roofers, Local 40.  The maximum annual allocation for  each employee shall be seven hundred and fifty dollars ($750.00) per fiscal year  for courses approved in accordance with guidelines established by the Department  of Human Resources.  Classes that will enhance an employee's work skills shall  be considered as qualifying for tuition reimbursement.

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ARTICLE V - WORKING CONDITIONS

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V.A. WORK ENVIRONMENT

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

384. When an employee has a good faith belief that a work assignment presents health and safety risks outside those normally associated with the work, the employee may refuse to begin or continue a work assignment.

385. When in such case an employee declines to begin or continue a work assignment, the employee shall notify the in house safety officer of the situation.  The in-house safety officer shall promptly investigate the complaint.  While the employee is awaiting the arrival of the in-house officer and until the officer has made the determination, the employee shall not be required to perform the disputed assignment, and may be reassigned if other work is available.

386. If the safety officer determines that the complaint is valid, the safety officer’s decision shall override the departmental management decisions, including abatement procedures or employee reassignment.

387. Right to Know: Material Safety Data sheets shall be available for inspection by employees or their Union representative.

1. TEAMSTERS, LOCAL 853 (APP. K)

388. For additional Teamsters, Local 853 provisions regarding Work Environment, see Appendix K.

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V.B. SAFETY EQUIPMENT AND PROTECTIVE CLOTHING

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

390. City Departments shall make available to represented employees, City-provided boots and clothing.

391. During each year of this Agreement, the City shall provide five (5) pairs of overalls (Carhartt or equivalent) or work pants to employees in classifications covered by this Agreement, provided such employees are assigned to duties requiring overalls or work pants.  As an alternative, at a  Department’s discretion, the Department may provide such employees a clothing allowance of equal value to the five (5) pairs of overalls or work pants. Departments shall establish a regular, annual date to provide equipment or clothing allowance.

392. During each year of this Agreement, the City shall provide one (1) pair of safety shoes (Red Wing or equivalent) of up to $300 in value to employees in classifications covered by this Agreement, provided such employees are assigned to duties requiring safety shoes. All safety boots shall be provided by December 31 of each calendar year of  this agreement. These funds may also be used for insoles and/or laces.

393. The following Safety Equipment and Protective Clothing provisions apply only to the Union(s) and classifications specifically noted.

1. BRICKLAYERS, LOCAL 3; HODCARRIERS, LOCAL 36

394. The City shall provide adequate foul weather gear.

2. PLASTERERS AND CEMENT MASONS, LOCAL 580

395. In the event a pair of overalls (or work pants) is lost or otherwise becomes unavailable due to the employee's fault, the employee agrees to pay for the replacement of same.

396. The City agrees to provide additional protective clothing, as deemed appropriate by the appointing officer, when any employee in Class 7311 Cement Mason may come in contact with raw sewage, epoxy or other chemicals or substances   commonly used in this trade.

3. GLAZIERS, LOCAL 718

397. The City agrees to provide goggles, safety glasses, face shields and hard hats for employees covered herein as needed.  

398. The City agrees to provide glass handling rubber gloves as needed to employees in classifications covered herein.

399.  In the event a pair of overalls (or work pants) is lost or otherwise becomes unavailable due to the employee’s fault, the employee agrees to pay for the replacement cost.

4. IRONWORKERS, LOCAL 377

400. Employees in classifications 7389 Metalsmith, 7395 Ornamental Iron Worker, 9342 Ornamental Iron Worker Supervisor I, and 9346 Fusion Welder shall be provided with work clothing as deemed appropriate by the appointing officer.  Such clothing may consist of gloves, safety glasses, (goggles or, if necessary, prescription safety glasses) leather aprons and foul weather rain gear.

5. PLASTERERS, LOCAL 66

401. For employees in Class 7361 Plasterer, the City agrees to provide gloves used for the trade and adequate foul weather gear.

6. ROOFERS, LOCAL 40

402. The City agrees to provide annually four (4) shirts for each employee in Classifications 9343 Roofer and 9344 Roofer Supervisor I.

7. SHEET METAL WORKERS, LOCAL 104

403. The City agrees to provide employees in classifications 6235 Heating and Ventilating Inspector, 7376 Sheet Metal Worker, 7247 Sheet Metal Worker Supervisor II, and 9345 Sheet Metal Worker Supervisor I with prescription safety glasses every two (2) years.

8. TEAMSTERS, LOCAL 853

404. Employees in classifications 7251 Track Maintenance Supervisor and 7355 Truck Driver will be supplied with rain gear, ear protection, eye protection, and nose mouth protection where deemed appropriate and authorized by the Appointing Officer.

405. The City agrees to provide goggles, hard hats, ear plugs, dust masks, respirators, leather gloves and all safety equipment, as needed, for all employees working in classifications 7251 Track Maintenance Supervisor and 7355 Truck Driver.  Employees who wear prescription glasses shall, at the discretion of the Appointing Officer, be provided with prescription safety glasses.

9. CARPET, LINOLEUM AND SOFT TILE WORKERS, LOCAL 12

406. Employees in classifications 7393 Soft Floor Coverer and 7394 Soft Floor Coverer Supervisor will be supplied with knee pads where deemed appropriate and authorized by the Appointing Officer. 

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V.C. REPLACEMENT OF PRESCRIPTION SAFETY EYEGLASSES

407. This provision is designed to replace prescription safety glasses for those unit members who work under conditions that make the wearing of safety goggles or a protective mask impracticable.  For unit employees who meet the above test, the City will reimburse the employee for prescription safety glasses that are damaged in the course of their work, provided that the employee has exercised reasonable care with respect to the employee’s glasses.  The reimbursement shall be limited to that portion of the cost of replacement glasses, which are comparable to those damaged, that is not otherwise covered by insurance.

408. To be eligible for reimbursement, the employee must apply for whatever insurance coverage may be available to the employee and meet all the other criteria set forth above.

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V.D. FOUL WEATHER GEAR

409. Represented Employees shall not be required to perform their normal work duties in the rain without being provided adequate foul weather gear consisting of hat, coat, pants and    boots.

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V.E. VIDEO DISPLAY EQUIPMENT

1. IATSE, LOCAL 16; SHEET METAL WORKERS, LOCAL 104

410. Because of the employees’ duties, employees in classifications 1766 Media Production Technician, 1767 Media Programming Specialist, 1769 Media Production Supervisor, 1777 Media Security Systems Specialist, 1781 Media Security Systems Supervisor, 7377 Stage Electrician, 6235 Heating and Ventilating Inspector, 7247 Sheet Metal Worker Supervisor II, 7376 Sheet Metal Worker, and 9345 Sheet Metal Worker Supervisor I who may be expected to use video display terminal equipment four hours or more per shift shall be covered by the following:

1. Breaks

2.  Equipment

411. The City agrees to provide the following upon request to employees in classifications 1766 Media Production Technician, 1767 Media Programming Specialist, 1769 Media Production Supervisor, 1777 Media Security Systems Specialist, 1781 Media Security Systems Supervisor, 7377 Stage Electrician, 6235 Heating and Ventilating Inspector, 7247 Sheet Metal Worker Supervisor II, 7376 Sheet Metal Worker, and 9345 Sheet Metal Worker Supervisor I:

1. Glare screens affixed to the front of the VDT screens
2. Adjustable chairs, foot rests and tables
3. Lighting conditions appropriate for VDT operations.

2.  IATSE, LOCAL 16

412. The City shall provide up to two eye examination visits per year for employees in classes 1766 Media Production Technician, 1767 Media Programming Specialist    and 1769 Media Production Supervisor.  This provision shall not be grievable.

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V.F. TOOLS

1. CEMENT MASONS, LOCAL 300 (APP. D)

413. For the Cement Masons, Local 300 Tools provisions, see Appendix D.

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V.G. TOOL INSURANCE

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

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

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

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

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

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

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

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

422. c. The statement must be submitted to the parties set forth in subsection (1) immediately above within five (5) days of the loss, unless the employee is on authorized leave in which case the employee shall have five (5) days from the date of the employee’s return to report the loss.

423. d. In case of damage due to fire, the requirements of Section 5 above shall be followed with the exception that verified reports need not be filed with the police.

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

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

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V.H. TOOL REPLACEMENT

1. SHEET METAL WORKERS, LOCAL 104 (APP. J)

426. For the Sheet Metal Workers, Local 104 Tool Replacement provisions, see Appendix J.

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V.I. MEDICAL EXAM

427. In instances when covered employees are exposed to conditions hazardous to their health and when required by State law, said employee may request and be entitled to a medical examination.  The cost will be paid by the City. 

428. Departmental safety/medical monitoring programs shall only be instituted after meeting and conferring, as required by the Meyers-Milias Brown Act, between the parties.  Any such program shall assure that reasonable accommodations be made within the department for persons with disabilities.

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V.J. CLEAN UP TIME

429. Adequate clean-up time is provided on an as-needed basis.

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V.K. FAMILY LEAVE

430. The parties acknowledge the obligation of the City to enforce the rules and regulations set forth in the Family Medical Leave Act and the California Family Rights Act.  This provision is not subject to the grievance procedure.

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V.L. SUBSTANCE ABUSE PREVENTION POLICY

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

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V.M. PAPERLESS PAY POLICY

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

433. Under the policy, all employees shall be able to access their pay advices electronically on a password protected site, and print them in a confidential manner, using City Internet, computers and printers.  Such use of City equipment shall be free of charge to employees, is expressly authorized under this section of the Agreement, and shall not be considered “inappropriate use” under any City policy.  Employees may print out their pay advice(s) during regular working hours.  Pay advices shall also be available to employees on a password protected site that is accessible from home or other non-worksite computers, and that allows the employees to print the pay advices.  Employees shall receive assistance to print hard copies of their pay advices through their payroll offices upon request.  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.  Payroll offices shall make reasonable efforts to provide paper statements promptly upon request.

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

435. Under the policy, all employees 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.

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

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

437. The City assures that the bank pay card shall be FDIC insured.  The City further assures that in the event of an alleged overpayment by the City to the employee, the City shall not unilaterally reverse a payment to the direct deposit account or bank pay card.

438. Training shall be available for employees who need additional assistance.

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

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ARTICLE VI – SCOPE

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

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VI.A. SCOPE OF AGREEMENT

441. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein.

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VI.B. REOPENER

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

443. The Union and the City shall engage in a limited MOU Re-opener on July 1, 2023,  and begin meeting and conferring on the following topics only, for implementation  on July 1, 2024, through the timely submission of a successor MOU or decision of a  mediation/arbitration board under City Charter section A8.409:

• Rest Between Shifts; and 
• Hiring Hall

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VI.C. ZIPPER CLAUSE

444. Except as may be amended through the procedure provided below, this Agreement sets forth the full and entire understanding of the parties regarding the matters herein.  This Agreement may be modified, but only in writing, upon the mutual consent of the parties.

PAST PRACTICE

445. The parties agree that any and all past practices and other understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable.

CIVIL SERVICE RULES/ADMINISTRATIVE CODE

446. Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract. No later than January 1, 1998, except that this date may be extended for up to an additional three months if requested by either party, such Civil Service Rules and Administrative Code provisions shall be appended to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors.  As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules.  Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission.  All such disputes shall not be subject to the grievance and arbitration process of the Agreement. After such Civil Service rules and Administrative Code sections are appended to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement.

447. The City and the individual unions agree to use all reasonable efforts to meet and confer promptly regarding proposed changes to the Civil Service Commission Rules.

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VI.D. DURATION OF AGREEMENT

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

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VI.E. SAVINGS CLAUSE

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

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

FOR THE CITY

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

FOR THE UNIONS

• Rudy Gonzalez
  Secretary-Treasurer
  San Francisco Building & Construction
  Trades Council, AFL-CIO 

• Colin Johnson
  Business Agent
  Bricklayers and Allied Craftsmen, Local 3

• Ramon Hernandez
  Business Manager
  LiUNA!, Local 261

• Theresa Foglio
  City Representative
  LiUNA!, Local 261

• Anthony Nuanes
  Business Representative
  Carpet, Linoleum & Soft Tile Workers, Local Union 12

• Walter Orellana
  Business Agent
  Operative Plasterers and Cement Masons, Local 300

• Nick King
  Business Representative
  Glaziers, Architectural Metal & Glass Workers, Local Union 718

• Jim Beaumonte
  Business Agent – Secretary
  I.A.T.S.E., Local 16

• Charlie Hernandez
  Business Manager & Executive Officer
  Ironworkers, Local 377

• Eddie Reyes
  Business Representative & President
  Ironworkers, Local 377

• Emilio Aldana
  Business Manager
  Operative Plasterers and Cement Masons, Local 300

• Peter Lang
  Business Manager
  United Union of Roofers, Waterproofers and Allied Workers, Local No. 40

• Rick Werner
  Business Manager 
  International Association of Sheet Metal, Air, Rail, And Transportation Workers, Sheet Metal Workers, Local 104

• Principal Officer / Secretary-Treasurer
  International Brotherhood of Teamsters Local Union No. 853

• Michael Henneberry
  Business Representative / Recording-Sec.
  International Brotherhood of Teamsters Local Union No. 853

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

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

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APPENDIX A

Side Letter Concerning Charter Section A8.346

The prior MOU included references to Charter Section A8.346 and quotes from that Section in Appendix A. Neither party concedes or will assert that removing Charter Section A8.346 or references to Charter Section A8.346 or Appendix A is evidence in any legal or administrative proceeding as to the validity or invalidity of Charter Section A8.346.

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APPENDIX B: CEMENT MASONS, LOCAL 300

The following terms in this Appendix apply only to employees represented by the Cement Masons, Local 300.

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1. TOOLS

At the time of hire, employees in classification 7311 Cement Mason covered by this Agreement will be required to furnish the following tools:

(1)  Three trowels (varying in size to fit work)
(2) One point (trowel)
(3) One set of coving tools (1 nose & 1 cove)
(4) One wood hand float
(5) One rubber float
(6) One hammer
(7) One sledge hammer
(8) One hand saw
(9) Three hand edgers (1/4”, 1/2”, 3/4” radius to match coving tools)
(10) One set of knee pads
(11) One hand brush (paint brush)
(12) Two levels (1 pocket & 1 – 24” or longer)
(13) One pair pliers w/ side cutters
(14) One measuring tape
(15) One roll nylon cord (300’)

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2. APPRENTICESHIP PROGRAM

WAGES

Employees appointed to Class 7398 Apprentice Cement Mason I and 7399 Apprentice Cement Mason II, respectively, who are actively enrolled in the Cement Masons’ Apprenticeship Project shall be compensated in relation to a Class 7311 Cement Mason based on actual hours worked as follows:

1. Time in the Apprenticeship Project

Class 7398 Apprentice Cement Mason I – Steps 1-3 (0-2099 hours)
Class 7399 Apprentice Cement Mason II – Steps 4-6 (2100-4200 hours)

2. Apprentices must complete both the pre-requisite actual hours worked and the related training hours before advancing to the next wage level.  The Union will be responsible for ensuring that apprentices track any related training hours and report those hours on a regular basis to DPW Operations.

3. Apprentice-level hours spent at the Northern California Cement Masons’ Training Center or at required on-site DPW training (i.e. Employee Handbook, Policy Prohibiting Violence, Harassment Free Workplace, Sexual Harassment Policy, Disaster Service Worker, New Employee Orientation) shall count toward related training hours, but shall not count toward actual hours worked for purposes of advancement in compensation as delineated in section a. above. 

ELIGIBILITY FOR CITY BENEFITS

Apprentices may become eligible for City benefits in accordance with the parties’ relevant Memorandum of Understanding (“MOU”).  Apprentices are also referred to the City Charter, Civil Service Rules and City ordinances for other benefits which may be available to them.

CITY’S CONTRIBUTION TO THE APPRENTICESHIP EDUCATION FUND

DPW, on behalf of the City, and the Union shall jointly administer the Project consistent with the Project Guidelines described herein.

By September 30 of each fiscal year, the City will provide to the Union six thousand and five hundred dollars ($6,500.00) for each apprentice appointed as of July 1 of that fiscal year.

Aside from the aforementioned allocations to the Union, the City shall make no contributions to any other Union affiliated entity, including but not limited to the Union’s health and welfare plan, pension plan, annuity plan, vacation fund, supplemental dues industry promotional plan, contract administration fund, health and safety fund, or national apprenticeship fund.

The parties agree that the future funding to maintain the Project described in this section is subject to agreement, consistent with City procedures for approval of MOUs and MOU amendments and this collective bargaining agreement.

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3. COMPENSATORY TIME

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

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4. WORK SCHEDULES

The parties agree that Cement Masons will be required to work on days where their regular work is not available to them due to inclement weather. The Cement Masons shall be sent home without pay if for any reason they fail or refuse to perform the work assigned to them on inclement weather days.

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APPENDIX C: GLAZIERS, LOCAL 718

The following terms in this Appendix apply only to employees represented by the Glaziers, Architectural Metal and Glass Workers, Local Union No. 718

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1. PARKING

Effective July 1, 2006, permanent covered employees at the Department of Public Works shall have priority consideration for available parking.

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2. PAST PRACTICES

Vacation Sign-ups

Vacation sign-ups as currently practices shall continue.

Specialty Tools

Specialty tools shall continue to be provided by the City and County of San Francisco.

City Vehicles

The practice whereby employees take city vehicles home when assigned shall continue.

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3. DEPARTMENT OF TRANSPORTATION EMPLOYEE ASSISTANCE PROGRAM (EAP) AND PEER COUNSELING PROGRAM

1. Overview of EAP Program - This Employee Assistance Program (“EAP”) is designed to provide coverage for employees only, and to assist employees in consultation with their families where clinically appropriate, with problems that may affect their ability to perform their jobs.  The EAP shall offer counseling services, including assessment and referral, brief treatment, and follow-up services.

EAP’s offer assistance by helping employees assess and identify problems arising from a variety of personal areas.

EAP’s assist employees by referring them to services which lead to solutions.

EAP’s provide training and consultation services to management and union leadership regarding assisting troubled employees.

The primary goal of the EAP will be to maintain employee’s ability to be fully productive on the job.  EAP’s help employees, management, and supervisors maintain a high level of service by:

Motivating employees to help;

Helping supervisors identify troubled employees with job performance problems that may be related to personal problems;

Assessing employees with alcohol abuse, drug abuse, family problems, depression, stress and other problems that can result in performance problems;

Providing easily accessible quality helping services which include short-term problem -solving and referrals to more intensive care;

Providing crisis intervention services;

Providing follow-up assistance to support and guide employees through the resolution of their problems; and by

Acting as an education and training resource.

Employees shall be able to access the EAP through calling directly (self-referral), through the PTD Peer Assistants, or through a supervisory referral based on job performance.  Participation in the EAP is voluntary.

Establishing a voluntary EAP to compliment the mandatory testing program is intended to encourage employees to seek treatment early and on their own.  The EAP will assist employees in obtaining information, guidance, and counseling to help them handle their problems before they become a drug testing or disciplinary issue.

If an outside EAP vendor is approved and selected, the vendor shall be required to establish a 24-hour telephone hotline for immediate and confidential self-referral.

The EAP is intended to help employees to:
Assess and clarify their problems early;
Develop a plan of action to resolve their problems;
Determine if professional assistance is needed;
Help employees find the right treatment;
Supply a providers list with a range of services.

2. Organization

a. The Joint Labor-Management Committee:

(1) Membership and Meetings: Five (5) Committee members and two (2) alternate members to be appointed by the Unions.  Five (5) Committee members to be appointed by the City.

If the City chooses to appoint less than five persons, it shall still have voting strength equal to that of the Unions.  On the matters that come before the Committee, the City shall have one vote and the Unions shall have one vote.  The vote of each side shall be controlled by the votes of the Committee members present for each respective side.

(2) Officers:  The Committee shall elect from its ranks a Chairperson and a Co-Chair, one of whom shall be a City appointee and the other the Unions’ appointee.  The Chair shall be held by one side for a year, then relinquished to the other side for the next year.  Either the City or the Unions may replace their named Chair or Co-Chair at any time.  The Chair shall preside over meetings of the Committee.  In the absence of the Chair, the Co-Chair shall so preside.  The PTD Director shall provide staff support to the Committee as appropriate.

(3) Quorum:  A quorum for the transaction of business by the Committee shall consist of three (3) Union Committee members and a majority of the City-appointed Committee members.

(4) Functions:  To review and make recommendations regarding the Peer Assistance Program, the peer assistants to be hired, and the employee education program.  The Committee shall report its recommendations to the PTD Director and the Substance Abuse Professional (SAP) or their designee for action.

(5) Consolidation of Committees:  The parties to this Agreement and to the Agreement concerning drug and alcohol testing and EAP between TWU Local 250A and the PTD may elect to combine the joint labor-management committee established here and in the Local 250A Agreement.

b. The PTD Director:  The PTD Director or designee will manage all aspects of the Substance Abuse Program.  The PTD Director shall have appointing and removal authority over all substance abuse program personnel, and shall be responsible for the supervision of the peer assistants and SAP, and administration of all substance abuse programs.

3. The EAP/ Program:  The City and the Unions may conclude that it is in the best interest of all concerned to establish a uniform EAP Program for all employees deemed “safety-sensitive” pursuant to the DOT Regulations.  On this basis, the parties agree that (1) the PTD Director may engage an outside contractor to provide these services; and (2) if an outside contractor is selected, this outside contractor may be the same contractor selected by the Transport Workers-San Francisco Municipal Railway Trust Fund for the EAP Program established pursuant to the Agreement between the PTD and TWU Local 250A.

4. The Peer-Assistance System

a. Structure:  A Peer Assistance system shall be established on a 24-hour, seven-day a week basis.  The peer assistants shall provide coverage during regular business hours (Monday - Friday, 8:30 a.m. - 5:00 p.m.) for all Muni work sites or sections.  A system-wide EAP crisis hotline shall be established.  Night, weekend and holiday crisis coverage shall be provided by one of the peer assistants and shall be rotated among the peer assistants, who shall be available on a pager.  The full compensation of the Peer Assistant providing such night, weekend and holiday coverage shall be pager pay.  Pager pay will not be provided for regular daily coverage.

b. Qualifications:

(1) An employee who is a former substance abuser who has been “clean” and/or sober for at least one year and who continues to participate in a 12-step program, or

(2) An employee who is related to an addict or alcoholic and who has participated in a self-help group for co-dependency.

(3) Who is willing to make a minimum of a two-year commitment as a peer assistant, and

(4) Who agrees to participate in prescribed training.

(5) An employee who does not meet the criteria of 1 or 2 but who is willing to be trained and to commit for 2 years will also be considered, in the event there are not enough candidates that meet criteria 1 or 2.

(6) An individual must be able to maintain confidentiality.

c. Duties:

(1) Be available to employees who appear to need or request assistance, to deal with chemical dependency.

(2) Maintain strict confidentiality.

(3) Identify the nature of the problem.

(4) Discuss confidentiality of program with employees.

(5) Receive clinical direction and training from the SAP and other CADAC Clinical Supervisors.

(6) Discuss the options of available resources.

(7) Refer the employee to the EAP.

(8) Report to the Peer Assistance Coordinator as required.

(9) Follow-up with employees during and after treatment subject to the direction of the Peer Assistance Coordinator and the clinical supervision by the SAP.

(10) Staff the night, weekend and holiday crisis hotline (pager).

d. Staffing:  There shall be one full-time Peer Assistant who shall report directly to the Peer Assistance Coordinator appointed pursuant to the Local 250A Agreement.

e. Volunteer Peer Assistants:

(1) Up to eight (8) Volunteer Peer Assistants.

(2) Assist peer assistants upon request during their off-duty time.

(3) They shall participate in designated training.

(4) Their activities shall be within the limits of their training.

(5) Volunteer peer assistants will receive no compensation for their services.

f. Functions:  The Joint Labor/Management Committee shall develop the procedures for the Peer Assistance System after consultation with the SAP and/or PTD Director or designee.

g. Civil Service Commission Approval:  The parties recognize that the use of peer assistants is subject to the approval of the Civil Service Commission.  The Commission has approved the use of peer assistants subject to the receipt of waiver and release acknowledgments signed by each employee and the union.  The Civil Service Commission will withdraw its approval if the required acknowledgments are not obtained by the affected employees and the union.

5. Pay Status During Voluntary Self-Referral Treatment

a. An employee who has a drug and/or alcohol abuse problem and has not been selected for drug and/or alcohol testing can voluntarily refer oneself to the EAP for treatment.  The EAP will evaluate the employee and make a specific determination of appropriate treatment.  An employee who has completed two rehabilitation programs may not elect further rehabilitation under this program.

b. In the case of the up to two voluntary, employee-initiated referrals, the PTD will pay the employee the difference between the employee’s SDI benefits, use of accrued paid leaves, and any catastrophic illness benefits, and the employee’s regular hourly base pay, for up to the eight hours per day for full-time employees and up to three hours per day for part-time employees, up to a maximum of 21 work days during a five-year period.  This provision shall not apply in the event the employee does not receive SDI benefit payments or during the follow-up period established by the SAP after a positive test.

6. Non-Paid Status During Treatment After Positive Test - The employee will be in a non-pay status during any absence for evaluation or treatment, while participating in a rehabilitation program.

7. Education and Training - The foundation of this Program is education and voluntary compliance.  It is recognized that alcohol and chemical dependency may make voluntary cessation of use difficult, and one of the Program’s principal aims is to make voluntary steps toward ending substance abuse easily available.

The Joint Labor/Management Committee shall review and develop on-going educational and training information on the adverse consequences of substance abuse and the responsibility to avoid being under the influence of alcohol or chemicals at work.  The PTD Director and the SAP shall act on the training program developed by the Committee.  Certain training required by the DOT Regulations shall be conducted by the SAP.

8. Confidentiality - Participation in the EAP shall be confidential and shall be conducted in accordance with DOT and DHHS standards.

9. Funding - During the term of this MOU the Employee Assistance Program shall be funded by the City in an amount not to exceed $75,000 each fiscal year.

10. Special Provisions - Any proposed discipline resulting from the FTA Drug and alcohol testing program shall be in accordance with this MOU.  The PTD and the City recognize the rights of employees and/or the Unions, who may consider themselves aggrieved by any discipline proposed, to raise such grievance through the authorized grievance procedure.  The PTD Director will act in a fair and equitable manner, and shall prescribe that no personnel hired, contracted, selected or directly involved in the drug and alcohol testing program shall propose or render discipline.

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APPENDIX D: IRONWORKERS, LOCAL 377

The following terms in this Appendix apply only to employees represented by Structural Ornamental, Reinforcing Iron Workers, Riggers and Machinery Movers, Local 377

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1. CONTAINER CRANE PREMIUM

Port employees of the Maintenance Department in classification 9346 Fusion Welder who are assigned to in watch-standing, maintenance and/or repair of container cranes shall be paid at a rate of fifteen percent (15%) above the base hourly rate for their classification for those hours actually worked on the cranes at the crane site.

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2. PAST PRACTICES

The parties agree to abide by the past practices listed below.

The following provisions apply to the San Francisco Port, Recreation and Park and Administrative Services Departments:

Meal Periods and Breaks

The unpaid meal period shall be thirty (30) minutes occurring approximately mid-day or mid shift. Each covered employee shall be provided one fifteen (15) minute break period in mid-morning and one fifteen (15) minute break period in mid-afternoon.

Lockers

Lockers are furnished for covered employees, as available.

Parking

Free parking shall be furnished for covered employees, as available. Effective 7/1/2013, MTA employees shall be required to pay for their own parking based on fees established by MTA.

Vacation Sign Up

If requests for vacation sign up are submitted on the same day, the most senior employee’s request will be given first consideration.

Employee Facilities

Availability of refrigerator and microwave will continue at work locations where they are    currently provided.  City will provide soap and water for clean up and will also provide a 
locker area.

The following provisions apply only to the San Francisco Port and Recreation & Park Departments:

Clean Up

Each covered employee shall be provided with fifteen (15) minutes prior to the meal period (lunch) for clean up and fifteen (15) minutes prior to quitting time for clean up.

Tools

The City will provide hand and power tools as necessary.

Safety

City will conduct one (1) safety meeting per pay period.  CPR instruction will be offered annually and First Aid training offered every three (3) years.

The following provisions apply only to the Administrative Services Department:

Clean Up

Each covered employee shall be provided with ten (10) minutes prior to the meal period (lunch) for clean up and ten (10) minutes prior to quitting time for clean up.

Tools

The City will provide power tools and special tools as necessary.

All other past practices and understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable. 

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APPENDIX E: ROOFERS, LOCAL 40

The following terms in this Appendix apply only to employees represented by United Union of Roofers, Waterproofers and Allied Workers, Local 40.

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PAST PRACTICE ENUMERATIONS

Parking - Port Only

As long as the Maintenance Division is located at Pier 50, Roofers will have access to parking at either Pier 50 or Pier 90.  To the extent parking is made available at other job sites, Roofers will have access to such parking.  When parking is not available at other job sites, the Port will provide transportation for Roofers from either Pier 50 or Pier 90 to the job site. 

Travel Time

Travel time to and from any job outside of the City and County of San Francisco shall continue.

Work Clothes

The funds allotted to protective work clothing shall continue.

Tools

The City shall continue to provide all hand tools for roofers.

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APPENDIX F: SHEET METAL WORKERS, LOCAL 104

The following terms in this Appendix apply only to employees represented by Sheet Metal Workers International Union, Local 104.

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1. AUTOMOBILE USE AND ALLOWANCE

For employees in class 6235 Heating and Ventilating Inspector, the City shall attempt to provide vehicles for all represented employees for use on City business.  When represented employees are required to drive their own vehicles to transport materials or to drive from one site to another to perform work duties, they shall be reimbursed for mileage at the rate permitted by the Internal Revenue Service.

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2. TRAINING, CAREER DEVELOPMENT, AND INCENTIVES

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

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

a. Requested training/course work must be beneficial to the needs of the department and the performance of duties consistent with the employees current classification series.

b. Departments reserve the right to request an employee to demonstrate proficiency in training/course within 30 days of completing the training/course.

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3. TOOL REPLACEMENT

Employees in classifications 7247 Sheet Metal Worker Supervisor II, 7376 Sheet Metal Worker, and 9345 Sheet Metal Supervisor I shall be provided with a replacement of the following tools when such tools become unusable due to normal wear and tear:

1. Two (2) pairs of "Wiss" aviation snips, left and right hand
2. One (1) 6" cold flat chisel
3. One (1) scratch awl
4. Screwdrivers: 8" and 10" slotted head and Phillips
5. One (1) center punch
6. One (1) 12-ft. tape

Replacement shall not exceed more than one of each item as listed per fiscal year.  Surrender of worn tool is required before replacement will be issued.  The supervisor must agree that the tool is sufficiently worn before a replacement is issued.

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4. 6235 HEATING AND VENTILATION INSPECTOR CERTIFICATION PREMIUMS

Any represented 6235 Heating and Ventilation Inspector who holds certifications in the following IAPMO or equivalent categories shall be granted additional premium pay as follows above the base rate per hour for each such certification.  The combined total of these premiums shall not exceed 5%.  These premiums will be paid only when certifications are current.

Plans Examiner 3%
Mechanical Inspector 2%
Residential Energy Code Specialist 1%

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5. PAST PRACTICE ENUMERATIONS

The parties agree to amend the Collective Bargaining Agreement by appending the following list of past practices thereto pursuant to Section V.C. of the Agreement.

Meal Period, Clean-up, and Breaks

One 30 minute lunch period per eight hour shift.  Lunch period between either 11:30 a.m. to 12:00 p.m. or 12:00 p.m. to 12:30 p.m.

Rest periods shall be one (1) fifteen minute break approximately mid-morning and one (1) fifteen minute break approximately two (2) hours after lunch or at approximately the sixth (6th) hour into the shift.

Parking

Assigned parking provided at work locations where it is currently provided as available. MTA employees shall be required to pay for their own parking based on fees established by MTA, except as provided in paragraph 350 of the Agreement.

Health and Safety

Safety meetings shall continue per CAL-OSHA requirements.
The City shall supply and maintain first aid supplies.
For the following Departments, the minimum assigned crew size for each assignment shall be:

Use of City Vehicle

Any Employee reporting directly to a jobsite may take a City vehicle home when assigned by their supervisor.

Training Reimbursement

Represented employees shall be on paid status when required to attend educational programs scheduled during normal working hours.  Employees assigned to attend educational programs outside of regular work hours shall be compensated at straight time.

Tools/Work Gear

Each employee will continue to supply the employee’s own personal hand tools.  The City will continue to supply any power tools required.

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6. EMPLOYEE TRAINING REIMBURSEMENT PROGRAM SHEET METAL WORKERS, LOCAL 104

1. WHO MAY APPLY FOR REIMBURSEMENT

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

b. Applications for reimbursement shall be prepared in duplicate on a special form provided by the Department of Human Resources.  The original of such form shall be forwarded to the Department of Human Resources, and a copy shall be retained by the employee.  Such application for reimbursement shall be subject to successful completion of the course and availability of funds.

2. TRAINING FOR PROMOTION OR ADVANCEMENT

a. An eligible employee or officer may apply for reimbursement for a training course pertaining to the duties of a higher classification when such course is given outside of regular working hours by an accredited educational institution.  Accredited educational institutions shall be defined as institutions whose courses offered for credit are acceptable for regular examination given by the Department of Human Resources.  Subject to the budgetary and fiscal provisions of the charter, the employee or officer shall be reimbursed one-half of the cost of tuition for said course if attendance has been approved in advance and funds have been appropriated and are available.  The Department of Human Resources will verify that the employee has satisfactorily completed the course with a passing grade.  If the course is not graded, or is not a credited course, an official transcript or other official document from the accredited school certifying completion of the course shall be deemed evidence of satisfactory completion.
 
b. No reimbursement shall be made if the employee or officer is eligible to receive reimbursement for said tuition under a Federal or State Veterans’ benefit program or from other public funds.
 
3. TRAINING FOR WORK IN PRESENT CLASSIFICATION
 
a. An eligible employee or officer may apply to the Department of Human Resources through the appointing officer for reimbursement in a training course given by an accredited educational institution during or outside working hours for the purpose of improving performance in the present classification.
 
b. Accredited educational institutions shall be defined as institutions whose courses offered for credit are acceptable for regular examination given by the Department of Human Resources.  The Department of Human Resources shall be the judge of whether such training meets the criteria of improving performance in the employee’s present job, and whether the training can be provided through available in-service activities.  Subject to the budgetary and fiscal provisions of the Charter, the employee or officer shall be reimbursed for tuition, supplies, books, and other fees for such course if attendance has been approved in advance, and funds have been appropriated and are available.  If attendance is during regular hours, it shall be considered a duty assignment for the purpose of payment of salary.  The department of Human Resources will verify that the employee has satisfactorily completed the course with a passing grade.  If the course is not graded, or is not a credited course, an official transcript or other official document from the accredited school certifying completion of the course shall be deemed evidence of satisfactory completion.
 
4. EDUCATIONAL INSTITUTION - WHEN ACCREDITED
 
The Department of Human Resources or Human Resources Director shall be the judge of whether an educational institution is properly accredited for the purpose of this rule.  The appointing officer shall consider the employee’s record of performance in making recommendations.

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7. PROTECTIVE EQUIPMENT PREMIUM

Employees at SFO shall receive an additional two dollars and fifty cents ($2.50) per hour above their base rate for each hour assigned to work requiring the use of a disposable Tyvek (or other similar material) suit, air purifying respirator, or a personal flotation device.

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8. 6235 HEATING AND VENTILATING INSPECTOR ADJUSTMENT

Effective July 1, 2024, the base wage for classification 6235 Heating and Ventilating Inspector  shall be increased by one percent (1%). Effective July 1, 2025, the base wage for classification  6235 Heating and Ventilating Inspector shall be increased by one percent (1%).

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9. START TIME

A 5:00 a.m. start time may be implemented for sheet metal workers at departments upon the  approval of each Department and the Union.

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APPENDIX G: TEAMSTERS, LOCAL 853

The following terms in this Appendix apply only to employees represented by the Teamsters, Local 853.

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1. D.R.I.V.E CONTRIBUTIONS BY CHECK-OFF

The City agrees to deduct from the paycheck of all employees who submit authorization cards and are covered by this Agreement voluntary contributions to D.R.I.V.E.. D.R.I.V.E shall notify the City of the amounts designated by each contributing employee that are to be deducted from the employee’s paycheck on a bi-weekly basis for all pay periods worked.  The phrase “pay periods worked” includes any pay period in which the employee has earnings.  The City shall transmit funds on a monthly basis along with an appropriate accounting.  No deduction shall be made which is prohibited by applicable law.  The Union may be charged reasonable administrative costs.

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2. SENIORITY

Seniority shall be defined as length of continuous service as a permanent employee within a department.  In case of a tie in seniority, highest rank on the list shall prevail.

Except in emergencies, in filling of job vacancies within a departmental operating unit where there is a change in the rate of pay (within the shift - as determined by starting times), qualifications will be the prime factor considered.  If, however, employees are approximately equal, as determined by management, the most senior person will be assigned to the job where practical.

All Departments which used the bid process in Fiscal Year 1997-98 shall bid in the first work week in December of each year, to be implemented on the first work day of the first full pay period in January each year.  It is understood that there is no vested right to any particular assignment and management may change assignments for safety and other legitimate operational needs. The evaluation of qualifications, ability and operational practicality shall be a management determination, provided, however, that such determination shall not be arrived at on an arbitrary, capricious or discriminatory basis.  Minimum qualifications published by the Department of Human Resources for examination purposes shall not be construed to be final in determining eligibility. Management shall be under no obligation to provide training for the purpose of meeting qualifications for the employee’s benefit.

Implementation of this provision is subject to appropriate procedures being established between the Union and departments and election to assignments will not result in increased cost to the City.

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3. SHIFT BIDDING

PUBLIC UTILITIES COMMISSION

Shift bidding, for bureaus and divisions of the Public Utilities Commission, shall commence the first (1st) week of December each year and it shall be implemented on the week commencing the first full pay period of January of each year.  It shall be based on departmental seniority within the division.  The Public Utilities Commission is comprised of the following divisions: Water Pollution Control Division, Commercial Distribution Division, Water Supply and Treatment Division and Hetch Hetchy Water and Power.

Employees who reassign from one division or bureau to another lose seniority for shift bidding purposes in the new division or bureau. 

In the event of a tie in seniority, the employee with the highest city-wide seniority will be awarded the bid.

CLASS 7251

Regarding shift bidding for classification 7251, in the event that existing work schedules change, the City agrees to meet and confer prior to implementation.

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4. TRUCK DRIVER ASSIGNMENTS

It is understood and agreed that the Civil Service Commission has sole and exclusive jurisdiction over issues of classification.  It is further agreed that:
 
Effective July 1, 2024, a classification 7355 Truck Driver will be assigned to drive truck(s)  one and a half tons (equivalent to Ford F-450 class) and over during the course of a normal  work  shift performed on public street, where the truck(s) is/are:

a. Designed primarily for the loading, transportation, and unloading of freight, aggregates, debris, or similar bulk commodities; and

b. Predominantly a part of an ongoing process of loading, transportation, and    unloading, from point to point, of freight, aggregates, debris, or similar bulk    commodities; and

c. Not used for one of the following purposes: (i) transporting employees or their work tools to the work site; or (ii) transporting an employee’s work materials to the work site, provided that the employee who drove the truck will use the work materials at the work site to perform assigned duties; and

d. Not normally operated by other Civil Service classifications.

Nothing herein shall conflict with Charter provisions or Civil Service Commission rules.

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5. DEPARTMENT OF PUBLIC WORKS TRUCK DRIVER PILOT PROGRAM

In the Department of Public Works, for the term of this Agreement, 7355 Truck Drivers will not be required to be assigned to the following:

1.  Trucks that tow chippers to be used in the Bureau of Urban Forestry, provided that an arborist shall be used as the driver (the large chipper at DPW and the truck that goes with it shall continue to be driven by 7355 Truck Drivers).  Notwithstanding the foregoing sentence, in light of the fact that the next 7355 Truck Driver bid at DPW is in December 2014, the 7355 Truck Drivers who are assigned to trucks towing chippers in the Bureau of Urban Forestry for 2014 will continue to be assigned to that work until the implementation of the December 2014 bid.

2. Trucks that tow Bobcats.

3. Any other trucks and uses mutually agreed by the parties.

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6. COMMERCIAL LICENSE UPGRADE

When an employee in Class 7355 Truck Driver or Class 7251 Track Maintenance Worker Supervisor I is required by a Department to upgrade the employee’s California Commercial Driver’s License, the Department shall provide the proper vehicle for the employee to be tested by the Department of Motor Vehicles.

Fees charged by the Department of Motor Vehicles for additional license and/or endorsements to a commercial drivers license shall be reimbursed by the City when the Appointing Officer requires an existing Class 7355 Truck Driver or Class 7251 Track Maintenance Worker Supervisor I to add such license and/or endorsements which are beyond the scope of the employee’s original conditions of employment.

The Union and the City recognize the need for a work week other than Monday through Friday in the Bureau of Environmental Services, and upon execution of this MOU, the Bureau of Environmental Services may establish work weeks and schedules other than Monday through Friday.  The number of positions which may be established with a non-Monday through Friday work week shall be limited to the number of employees in the Bureau of Environmental Services who became permanent employees after January 1, 1990, until that number reaches 45% of the total number of budgeted Classification 7355 Truck Driver positions in the Bureau.

Effective the 2004 bidding cycle, the Bureau of Street Environmental Services (BSES) will not increase the number of shifts on which covered employees do not have a Saturday of a Sunday off beyond the following:
 
Shift 123 (nights);
Shift 124 (nights);
Shift 125 (nights); and
Shift 127 (nights).
 
Implementation of this provision is subject to procedures contained in Section (b) below:
 
a. Upon the request of the City, the Union agrees to meet and confer regarding the establishment of work weeks and schedules of other than Monday through Friday in departmental operating units in addition to the Bureau of Environmental Services.
 
Such discussion shall not extend beyond thirty (30) calendar days, except by mutual agreement of the parties.  The parties are not required to exhaust any applicable impasse procedures and specifically shall not have access to any fact-finding procedures.  However, the parties may mutually agree to mediation.
 
The number of positions changed to a non-Monday through Friday work week in a departmental operating unit other than the Bureau of Environmental Services shall not exceed 45% of all budgeted 7355 Truck Driver positions within a departmental operating unit.
 
b. Shifts of other than Monday through Friday shall be offered to employees through a seniority selection procedure, which shall be implemented by starting at the top of the seniority roster and working down on a voluntary basis, and if the shifts are not filled through a voluntary basis, then they are to be assigned by applying inverse seniority. However, no classification 7355 Truck Drivers who were permanent employees as of January 1, 1990 can be compelled to accept a non-Monday through Friday work week.  All classification 7355 Truck Drivers who were permanent employees as of January 1, 1990 may waive their Monday through Friday work week and accept assignment to a different work schedule. Such waiver may be rescinded, but may only be rescinded at the time of any annual job bidding subsequent to their waiver.
 
c. In the event that the total number of positions available to the City for a non-Monday through Friday work week in a departmental operating unit reaches 45% of the total number of budgeted 7355 Truck Driver positions in that departmental operating unit, the parties agree to meet and discuss alternatives to the procedures set forth in this Article.  However, any meetings held pursuant to this paragraph shall be subject to the limitations contained in Section 8.a. above.
 
d. If an employee’s work schedule is changed, that employee shall be entitled to a minimum of fourteen calendar days notice, when practicable.  Such change will take place following completion of the employee’s normal work schedule.
 
e. The normal work day shall be a tour of duty of eight (8) hours completed within not more than nine (9) hours. 
 
f. The work week may be altered in emergency situations.

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10. OVERTIME WHEEL

Scheduled overtime shall be distributed to all qualified 7355 truck drivers who wish to participate on an overtime wheel.  If a driver refuses the driver’s turn on the wheel, they will be charged as if they had worked and will go to the bottom of the list.
 
The evaluation of qualifications and ability shall be a management determination, provided, however, that such determination shall not be arrived at on an arbitrary, capricious or discriminatory basis.
 
Scheduled overtime shall be distributed to all qualified permanent and provisional 7355 Truck Drivers and 7251 Track Maintenance Supervisors who wish to participate on an overtime wheel.  If an employee in classifications 7355 Truck Driver or 7251 Track maintenance Supervisor refuses the employee’s turn on the wheel, the employee will be charged as if the employee had worked and will go to the bottom of the list.
 
When a person accumulates four (4) or more scheduled or unscheduled overtime hours prior to their designated turn on the overtime wheel, they shall automatically forfeit their turn when they become eligible for their designated turn.  Further, if a 7355 Truck Driver or 7251 Track Maintenance Supervisor incurs or accumulates four (4) hours of scheduled or non-scheduled overtime while at number one (1) on the list, the wheel turns or advances to the next person on the overtime wheel.
 
Each department shall post the overtime wheel at all times in a place reasonably viewable and accessible to unit members.  The overtime wheel shall be updated on a weekly basis or as needed.
 
In the event that no permanent or provisional employee accepts an offer to work overtime, such work may be offered to temporary exempt employees (if any) before the department resorts to assigning such overtime on the basis of inverse seniority.
 
This provision shall not apply in cases of emergency.  This provision shall not supersede DOT guidelines. This provision shall not apply to the Recreation and Park Department.

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11. CALL BACK

Employees represented by the Union called back after the completion of a regular shift or work week shall receive overtime, if otherwise applicable, and a night duty premium of 10% more than the base rate for hours worked in a shift between 5:00 p.m. and 7:00 a.m.

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12. NIGHT DUTY PREMIUM

Employees shall be paid a premium of 10% of the straight time hourly base rate of pay for hours worked between 5:00 p.m. and 7:00 a.m., if the employee works at least one (1) hour of the employee’s regular shift between 5:00 p.m. and 7:00 a.m. excepting 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.  The night duty premium is computed and applied separate and apart from any other premium.  Night duty premium will be given for the entire shift after five (5) or more hours provided at least five (5) hours of the employee’s shift falls between 5 pm and 7 am.
 
Employees whose regular shift is night duty shall receive their night duty premium on all paid hours.  This is limited to night duty premium only, and not any other premium.

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13. DISPATCHER I, DISPATCHER II, AND MAP MAKER PREMIUM

Employees performing in the role of a Dispatcher I, Dispatcher II, and Map Maker position at DPW shall receive a premium of 7.5%.

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14. HARDING PARK PREMIUM

Due to the unique equity concerns occurring at Harding Park in the Recreation and Parks Department, the parties agree to an exception to the night duty premium for 7355 Truck Drivers working at Harding Park.  The night duty premium for these drivers will be paid according to the conditions set forth in Section 11 of Appendix K, except that employees will receive the night duty premium for the entire shift after four (4) or more hours provided at least four (4) hours of the employee’s shift falls between 5 pm and 7 am.

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15. PAY FOR CLASS 7355 TRUCK DRIVER WHEN ASSIGNED TO DIFFERENT EQUIPMENT

If a 7355 Truck Driver is assigned to work in a different and higher paying equipment classification during any work day or tour of duty for any period of time less than four (4) hours, the 7355 Truck Driver shall be paid at the higher rate for a period of four (4) hours.  If the 7355 Truck Driver works in a different and higher paying equipment classification for a period of time in excess of four (4) hours during any work day or tour of duty, the 7355 Truck Driver shall be paid the higher rate of compensation for the entire work day or tour of duty.  
 
1. Specialized Equipment Premium

Employees in Class 7355 Truck Driver who are assigned to drive or operate a vehicle designated as specialized equipment shall receive a specialized equipment premium of two dollars ($2.00) per hour. Vehicles considered to be specialized equipment are: Front End Loaders, Tow Tilt Trailers, or other equipment over 6,000 pounds gross weight, Semi-Tractor Trailer Combinations, Equipment Transport, End Dumper, or Flow-Boy operation, 60 ft. truck transfer (Hetch Hetchy), Portable Toilet Vacuum Trucks, Sewer Cleaner (aka Hydro Flusher Combination Truck), Catch Basin/Storm Drain Cleaner, or Grit Trucks, Snow Plows, Cement Mixers, Tunnel Washers, Tractor Mowers, Slurry Truck, Passenger Endorsed Bus, Debris Box Truck at PUC Sewer Operations at Griffith Yard, Large Long Line Striper at the Airport, and Hydro-Blast Truck at the Airport, and any other vehicle determined by the City to be specialized.

2. Uncertified Boom Truck/Street Sweeper Premium

Employees in Class 7355 Truck Driver and Class 7251 Muni Track Maintenance Supervisor who are assigned to drive or operate the Boom Truck(s) under twenty-five (25) feet and fifteen thousand pounds (15,000 lbs.) or Street Sweeper shall be paid a premium of one dollar ($1.00) per hour for the hours assigned to the equipment.

3. Boom/Winch Truck Premium

Employees in Class 7355 Truck Driver who are assigned to drive or operate a Boom/Winch truck requiring certification (over twenty-five (25) feet or fifteen thousand (15,000) pounds) shall receive a 5% an hour premium for the hours assigned to the equipment.

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16. TRUCK DRIVER SALARY STEPS

7355 Truck Driver Salary Steps

After 1040 hours, move to Step 2
 
It is the parties’ mutual understanding that drivers shall not be employed in a temporary-exempt (as-needed) capacity beyond 1040 hours in a fiscal year.  Should this nonetheless occur, after 1360 hours, the driver will receive the step advancement set forth in Appendix K-13.  This provision shall not apply until January 1, 2015, and shall not apply retroactively.  This will not affect the parties’ resolution of retrospective remedies for any currently pending grievance.
 
Light, Medium and Heavy Assignments (Skill Based Premium; Wrapped  into Base)

Light - under 4 cubic yards water level Medium - 4-12 cubic yards; walk-in vans and other new const. type units over 4 yards

Heavy - Over 12 cub yards; 3 axle const. trucks and spec. const. type units; sweepers, tractors, loaders, pothole/patch trucks etc.

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17. WORK ENVIRONMENT

The City acknowledges its responsibility to provide a safe and healthful work environment for City employees. The City agrees to maintain safety standards as required by the pertinent provisions of OSHA.  Allegations of violation are subject to OSHA law and procedure.  The City agrees to investigate and give consideration to departmental recommendations to improve the working environment of represented employees as required by the pertinent provisions of CAL-OSHA.
 
When an employee, in good faith, believes that a hazardous or unsafe condition exists, and that continuing to work under such conditions poses risks beyond those normally associated with the nature of the job, the employee shall so notify the employee’s supervisor and the Department’s safety committee and/or safety officer. The safety officer shall promptly investigate the complaint.  While the employee is awaiting the arrival of the safety officer, and until the officer has made the determination, the employee shall not be required to perform the disputed assignment, and shall be assigned other work.
 
If the safety officer determines that the complaint is valid, the safety officer’s determination, including recommendations regarding abatement procedures or employee reassignments, shall immediately be submitted to the departmental management for resolution.  In the event that there is no concurrence between the employee’s good faith belief that a hazardous or unsafe condition exists, and the safety officer’s determination that such is not the case, the employee shall continue with the assignment.
 
The safety issue, however, would be appealable by the employee.  Said appeal would have to be filed with the Appointing Officer, in writing, within 7 calendar days of the safety officer’s determination.
 
The appeal will be processed through an expedited proceeding.  The expedited hearing shall be before a Health and Safety expert to be mutually selected by the parties.  This individual shall serve as the Health and Safety expert on all appeals until the parties mutually agree to remove the Health and Safety expert, or for twelve months, whichever comes first.  The Health and Safety expert will hear the matter and will make a finding and a recommendation on only the safety issue.
 
After receipt of the appeal, the Appointing Officer will contact the Union within 3 working days to acknowledge receipt of the appeal, and will also contact the Health and Safety expert to arrange for a hearing date.  A hearing on the matter will be scheduled as soon as the Health and Safety expert is available.  The parties shall not use briefs.  The expert will use every effort to issue a bench recommendation followed by a written recommendation.  Transcription by a certified court reporter shall be taken, but shall be transcribed only at the direction of the health and safety expert. 
 
Each party shall bear its own expenses in connection with the Health and Safety expert hearing process.  All fees and expenses of the expert and the court reporter and transcript, if any, shall be shared equally by the parties.
 
In cases where the department does not have a safety officer, the employee shall have the option to appeal the safety issue directly with the Appointing Officer for resolution as detailed above.

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18. EAP AND PEER COUNSELING PROGRAM

A. Overview of EAP Program 

This Employee Assistance Program (“EAP”) shall cover employees only, and is designed to assist employees, in consultation with their families where clinically appropriate, with problems that may affect their ability to perform their jobs.  The EAP shall offer counseling services, including assessment, referral, and follow-up services.  
 
EAP’s offer assistance by helping employees assess and identify problems arising from a variety of personal areas.
 
EAP’s assist employees by referring them to services which lead to solutions. 
 
EAP’s provide training and consultation services to management and union leadership regarding assisting troubled employees.
 
The primary goal of the EAP will be to maintain employee’s ability to be fully productive on the job.  EAP’s help employees, management, and supervisors maintain a high level of service by:
 
Motivating employees to help;
 
Helping supervisors identify troubled employees with job performance problems that may be related to personal problems;
 
Assessing employees with alcohol abuse, drug abuse, family problems, depression, stress and other problems that can result in performance problems;
 
Providing easily accessible quality helping services which include short-term problem-solving and referrals to more intensive care;
 
Providing crisis intervention services;
 
Providing follow-up assistance to support and guide employees through the resolution of their problems; and by
 
Acting as an education and training resource.
 
Employees shall be able to access the EAP through calling directly (self-referral), through the Peer Assistants, or through a supervisory referral based on job performance.  Participation in the EAP is voluntary.
 
Establishing a voluntary EAP to compliment the mandatory testing program is intended to encourage employees to seek treatment early and on their own.  The EAP will assist employees in obtaining information, guidance, and counseling to help them handle their problems before they become a drug testing or disciplinary issue.
 
 An outside vendor has been selected and will perform the following duties:

• Maintain a toll-free telephone access for referrals and respond to calls in no more than sixty (60) seconds.

• Provide union/management consultation relative to the development and integration of organizational policies and procedures necessary for effective Employee Assistance Program implementation 

• Orient employees regarding the purpose, scope, nature and use of the Employee Assistance Program.

• Train Union (including Division Chairpersons and any other Union officials), supervisory and management staff to develop the knowledge and skills necessary to effectively utilize the program in the performance of their responsibilities.

• Provide direct one-to-one counseling utilizing licensed professional staff for crisis management and to identify and evaluate personal concerns among Employer’s employees and/or their immediate dependents.  Such direct counseling shall provide for three (3) sessions per family per year.  Fees for any counseling sessions exceeding three (3) will become the financial responsibility of the employee and/or dependent, unless otherwise arranged for by the employer.  For non-urgent situations, an appointment will be offered within seventy-two (72) hours of request.  For urgent situations, an appointment will be offered on the same day as the request for service.

• Provide legal consultation, medical advice, financial consultation; one (1) consultation per incident is provided for each service, up to three (3) incidents per service, per year.

• Provide referral services to professional community resources for treatment and/or assistance, as may be appropriate.

• Provide continuing liaison and contact, when appropriate, between the employee, treatment agent or agency, and Employer to determine case status.

• Provide monthly statistical evaluation of program activity, and other reports, as needed.

• Send its principal or his designated representative to monthly meetings of the Municipal Railway Improvement Fund Board of Trustees, and any other meetings as reasonably required.

• Assess all employees involved in Critical Incidents (e.g., on the job assaults, threats and/or accidents) that occur while on duty.

• Provide up to three (3) counseling visits per employee involved in a Critical Incident.

• Develop Critical Incident Program Policies and Procedures.

• Provide Critical Incident Case management, including:

(a) Determination regarding an employee’s ability to perform duties, including coordination with management and union personnel for employees who require time off work as a result of a Critical Incident; 
 
(b) Assisting employees in securing additional counseling visits beyond the three (3) Critical Incident/trauma response visits described above, when necessary.

B. Organization

(1) The Joint Labor-Management Committee:
(a) Membership and Meetings: Five (5) Committee members and two (2) alternate members to be appointed by the Unions. Five (5) Committee members to be appointed by the City.
 
If the City chooses to appoint less than five persons, it shall still have voting strength equal to that of the Unions.  On the matters that come before the Committee, the City shall have one vote and the Unions shall have one vote.  The vote of each side shall be controlled by the votes of the Committee members present for each respective side.
 
The Committee shall elect from its ranks a Chairperson and a Co-Chair, one of whom shall be a City appointee and the other the Unions’ appointee.  The Chair shall be held by one side for a year, then relinquished to the other side for the next year.  Either the City or the Unions may replace their named Chair or Co-Chair at any time.  The Chair shall preside over meetings of the Committee.  In the absence of the Chair, the Co-Chair shall so preside.  The MTA General Manager shall provide staff support to the Committee as appropriate.
 
A quorum for the transaction of business by the Committee shall consist of three (3) Union Committee members and a majority of the City-appointed Committee members.
 
(b) Functions:  To receive and review information regarding the Substance Abuse and Peer Assistance Programs. 
 
(c) Consolidation of Committees:  The parties to this Agreement and to the Agreement concerning drug and alcohol testing and EAP between TWU Local 250A and the MTA may elect to combine the joint labor-management committee established here and in the Local 250A Agreement.
 
(2) Substance Abuse Program:
The MTA General Manager or designee will manage all aspects of the FTA-mandated Substance Abuse Program.  The MTA General Manager shall have appointing and removal authority over all personnel working for the Substance Abuse Program personnel, and shall be responsible for the supervision of the SAP.
 
(3) EAP Services:
The City and the Unions have concluded that it is in the best interests of all concerned to establish a uniform EAP Program for all employees.  On this basis, the parties agree that the City shall engage an outside contractor to provide these services.
 
(4) The Peer Assistance System:
(a) Structure:
 
The outside contractor selected to provide EAP services shall also be directly responsible for the clinical and administrative management of the Peer Assistance Program.  This Program shall be established on a 24-hour, seven-day a week basis.  The peer assistants shall provide coverage during regular business hours (Monday - Friday, 8:30 a.m. - 5:00 p.m.) for all Muni worksites or sections.  A system-wide EAP crisis hotline shall be established.  Night, weekend and holiday crisis coverage shall be provided by one of the peer assistants and shall be rotated among the peer assistants, who shall be available on a pager.  The full compensation of the Peer Assistant providing such night, weekend and holiday coverage shall be pager pay.  Pager pay will not be provided for regular daily coverage.
 
(b) Peer Assistance Oversight Committee:
 
This Committee, composed of one representative from Locals 250A, 200, 6, 790 and 1414, shall be responsible for trouble-shooting and making decisions on program operations.
 
(c) MTA Liaison:
 
The MTA Liaison shall be an individual designated by the MTA General Manager to serve as the City’s emissary in matters such as labor relations and administrative issues.
 
(d) Qualifications:

• A MUNI employee who has previous counseling experience or is interested in peer counseling and is willing to make a two year commitment to pursue training and education toward certification as a drug and alcohol counselor
  OR

• A MUNI employee who was a former substance abuser who has been clean and sober for a least two years and who continues to participate in a twelve step program
  OR

• A MUNI employee who has had experience with family members’ substance abuse and who had participated in a self-help group for co-dependency
  AND

• A MUNI employee who is respected by their peers, the union, and the management
  AND

• A MUNI employee who is committed to the goals of the Peer Assistance Program

(e) Duties:

Assist employees in accessing the Voluntary Substance Abuse Program and EAP.

• Provide on-going support and case management for clients in the Voluntary Substance Abuse Program.

• Abide by state and federal confidentiality laws.

• Publicize the EAP verbally and through distribution of literature.

• Provide employees with information regarding the EAP and Voluntary Substance Abuse programs and create a forum for employees to discuss their concerns.

• Assist in publication of Voluntary Substance Abuse Program newsletter.

• Seek out opportunities to participate in training programs to further develop knowledge and skills.

• Develop and implement new ideas to increase utilization and maximize the effectiveness of the EAP and Voluntary Substance Abuse Programs.

• Develop and maintain a professional environment in which to interact with clients.

• Develop a group of volunteers in the divisions to support the goals of the EAP and Voluntary Substance Abuse Programs.

• Assist in education and training sessions for new and existing employees.

• Keep accurate records of client contacts and promotional activities.

(f) Staffing:
 
There shall be a clinician employed by the outside contractor for EAP Services who will be on-site a minimum of 20 hours a week.  The clinician shall report directly to the outside contractor, Peer Assistance Oversight Committee and the MIF liaison.  There shall be three full-time Peer Assistants reporting to the outside contractor. 
 
(g)  Volunteer Peer Assistants:
 
1. Up to eight (8) Volunteer Peer Assistants.
 
2. Assist peer assistants upon request during their off-duty time.
 
3. They shall participate in designated training.
 
4. Their activities shall be within the limits of their training.
 
5. Volunteer peer assistants will receive no compensation for their services.
 
(h)  Functions:
 
The outside contractor, in consultation with the Peer Assistance Oversight Committee, shall develop procedures for the Peer Assistance Program. 
 
(i)  Civil Service Commission Approval:
 
The use of peer assistants shall be subject to the approval of the Civil Service Commission.

C. Pay Status During Voluntary Self-Referral Treatment (Voluntary Substance Abuse Program)

(1) An employee who has a drug and/or alcohol abuse problem and has not been selected for drug and/or alcohol testing can voluntarily refer oneself to the EAP for treatment.  The EAP will evaluate the employee and make a specific determination of appropriate treatment.  An employee who has completed two rehabilitation programs may not elect further rehabilitation under this program.
 
(2) In the case of the up to two voluntary, employee-initiated referrals, the MTA will pay the employee the difference between the employee’s SDI benefits, use of accrued paid leaves, and any catastrophic illness benefits, and the employee’s regular hourly base pay, for up to the eight hours per day for full-time employees and up to three hours per day for part-time employees, up to a maximum of 21 work days during a five-year period. This provision shall not apply in the event the employee does not receive SDI benefit payments or during the follow-up period established by the SAP after a positive test.

D. Non-Paid Status During Treatment After Positive Test

The employee will be in a non-pay status during any absence for evaluation or treatment, while participating in a rehabilitation program.

E. Education and Training

The foundation of this Program is education and voluntary compliance.  It is recognized that alcohol and chemical dependency may make voluntary cessation of use difficult, and one of the Program’s principal aims is to make voluntary steps toward ending substance abuse easily available.
 
The outside contractor shall review and develop on-going educational and training information on the adverse consequences of substance abuse and the responsibility to avoid being under the influence of alcohol or chemicals at work. Certain training required by the DOT Regulations shall be the responsibility of the Substance Abuse Program.

F. Confidentiality

Participation in the EAP shall be confidential and shall be conducted in accordance with DOT and DHHS standards.

G. Funding
 
The Employee Assistance Program and the Peer Assistance Oversight Committee shall be funded by the City.

H. Special Provisions

Any proposed discipline resulting from the FTA Drug and alcohol testing program shall be in accordance with the MOU’s, as amended June 12, 1995.  The MTA and the City recognize the rights of employees and/or the Unions, who may consider themselves aggrieved by any discipline proposed, to raise such grievance through the authorized grievance procedure.  The MTA General Manager will act in a fair and equitable manner, and shall prescribe that no personnel hired, contracted, selected or directly involved in the drug and alcohol testing program shall propose or render discipline.

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19. IN LIEU DAYS

In Lieu Days may be used in the same manner as floating holidays.  Drivers shall not be prohibited from “breaking up” in lieu days to use over the course of more than one day.

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20. OWNERSHIP RESPONSBILITY

The City shall fill out a Request for Owner’s Responsibility (CHP Form 279) for each vehicle driven by a bargaining unit member, and shall maintain 2 copies of that form in the vehicle at all times.  However, if the employer’s investigation of a particular citation reveals that the violation resulted from speeding or other driver fault, the driver must reimburse the City for the cost of paying the citation.  Such reimbursement may be taken from the employee’s pay.  The Union and its members will cooperate in completing any necessary documentation to implement this paragraph.

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21. EQUITY ADJUSTMENT, TRACK MAINTENANCE SUPERVISOR (7251)

Effective July 1, 2019, Track Maintenance Worker Supervisor I, class 7251, shall    receive a one-time, additional base wage adjustment of ten percent (10%).  Concurrent    with this adjustment, employees in this class will no longer be eligible for any supervisory    differential adjustments as described in this Agreement. 

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22. BATHROOM USAGE

Departments shall make their best efforts to identify bathroom locations for 7355 Truck Drivers assigned to them. 

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23. JURISDICTION

Should the Union have concerns regarding the application of paragraph 149 to any change to the assignment of bargaining unit work, the parties shall meet and discuss at the Union’s request.  

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APPENDIX H: SUBSTANCE ABUSE PREVENTION POLICY

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1. MISSION STATEMENT

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

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

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

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2. POLICY

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

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

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3. DEFINITIONS

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

(1) There is a fatality, loss of consciousness, medical treatment required beyond first aid, medical transport, or other significant injury or illness diagnosed, or treated by, a physician, paramedic or other licensed health care professional; or

(2) With respect to an occurrence involving a vehicle, there is disabling damage to a vehicle as a result of the occurrence and the vehicle needs to be transported away from the scene by a tow truck or driven to a garage for repair before being returned to service; or

(3) With respect to an occurrence involving Equipment, there is damage to the Equipment exceeding three thousand dollars ($3,000); or

(4) With respect to an occurrence involving structures or property, there are damages exceeding ten thousand dollars ($10,000) to the structures or property.
 
b. “Adulterated Specimen” means a specimen that contains a substance that is not expected to be present in oral fluid, or contains a substance expected to be present but is at a concentration so high that it is not consistent with oral fluid.

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

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

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

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

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

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

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

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

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

l. “EAP” means the Employee Assistance Program offered through the City and County of San Francisco.    

m. “Equipment” includes any vehicle (including, but not limited to any City-owned vehicle or personal vehicle used during the course of the employee’s paid work time); any water craft; powder-actuated tools; power tools; heavy machinery or equipment; underwater equipment; equipment that is used to change the elevation of the Covered Employee more than five (5) feet; or any other device(s) or mechanism(s) the use of which may constitute a comparable danger to the employee or others.

n. “Illegal Drugs” refer to those drugs listed in Section 5.a.  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:

1. Bricklayers and Allied Crafts, Local 3

2. HOD Carriers, Local 166

3. Building Inspectors’ Association

4. Carpet, Linoleum, and Soft Tile Workers, Local 12

5. Plasterers and Cement Masons, Local 300

6. Glaziers, Architectural Metal and Glass Workers, Local Union No. 718

7. International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artist and Allied Crafts of the United States, its Territories and Canada, Local 16

8. Structural Ornamental, Reinforcing Iron Workers, Riggers and Machinery Movers, Local 377

9. Divers

10. Plasterers and Shophands, Local 66

11. United Union of Roofers, Waterproofers and Allied Workers, Local 40

12. Sheet Metal Workers International Union, Local 104

13. Teamsters, Local 853

t. “Policy” means “Substance Abuse Prevention Policy” or “Agreement” between the City and County of San Francisco and the Union and 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.

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4. COVERED CLASSIFICATIONS

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

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5. SUBSTANCES TO BE TESTED

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

1. Amphetamines

2. Barbiturates

3. Benzodiazepines

4. Cocaine

5. Methadone

6. Opiates

7. PCP

8. THC (Cannabis)

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

(1) Upon receipt of a signed release from the Covered Employee’s licensed healthcare provider, the department representative may consult with Covered Employee’s healthcare provider to confirm specific job duties that the employee can perform while on prescribed medication.  If the employee’s healthcare provider is not readily available, or none is given, the department representative may consult with any City-licensed healthcare provider before making a final determination whether the employee may perform the employee’s job functions.  However, if an employee, at the time of notification, brings in a medical note from the healthcare provider who prescribed the medication clearing the employee to work, then the City shall not restrict that employee from performing the employee’s job functions. 
 
(2) 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. 

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7. TESTING PROCEDURES

I. Collection Site
 
a. If there is a trained Collector available on site, the City may conduct “on-site” tests (alcohol breathalyzer testing and oral fluid testing).  If any of those tests are “Non-Negative,” a confirmation test will be performed.  The on-site tests may enable the Covered Employee and the City to know immediately whether that employee has been cleared for work.
 
b.  If a trained Collector is not available on-site, the staff of a collection facility under contract to the City, or the City's drug testing contractor shall collect oral fluid samples from Covered Employees to test for prohibited drugs.  
 
(1.) A Covered Employee appearing at the approved drug collection site must have a minimum of one piece of government-issued photo identification and may not leave the collection site for any reason – unless authorized by the collection agency – until the employee has fully completed all collection procedures.  Failure to follow all collection procedures will result in the employee classified as a “Refusal to Submit.”  
 
c. Covered Employees who Refuse to Test may be subject to disciplinary action, up to and including termination, pursuant to Exhibit A.
 
d. Alcohol and drug testing procedures.  
 
(1. ) Alcohol Testing Procedure.  Tests for alcohol concentration on Covered Employees will be conducted with a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT).  Alcohol tests shall be by breathalyzer using the handheld Alco-Sensor IV Portable Breath Alcohol Analyzer device, or any other U.S. Department of Transportation (DOT) approved breath analyzer device.  
 
(2.) Drug Testing Procedure.  Tests for drugs shall be by oral fluid collection.  The oral fluid specimens shall be collected under direct visual supervision of a Collector and in accordance with the testing device manufacturer’s recommended procedures for collection.  Screening results may be provided by the Collector or by a laboratory.  Confirmation tests shall be conducted at a laboratory.
 
(3.) The Covered Employee being tested must cooperate fully with the testing procedures.
 
(4.) A chain of possession form must be completed by the Collector, hospital, laboratory and/or clinic personnel during the specimen collection and attached to and mailed with the specimens.
 
e. After being tested for drugs, the Covered Employee may be barred from returning to work until the department is advised of the final testing result by the MRO.  During that period, the Covered Employee will be assigned to work that is not safety-sensitive or placed on paid administrative leave for so long as the Covered Employee is eligible for such leave under the terms of the applicable provision of the City’s Administrative Code.  The test shall be deemed a negative test if the MRO has not advised of the final testing result by the time the Covered Employee’s paid leave has expired under the terms of the applicable provision of the City’s Administrative Code.

II. Laboratory
 
a. Drug tests shall be conducted by laboratories licensed and approved by SAMSHA which comply with the American Occupational Medical Association (AOMA) ethical standards.  Upon advance notice, the parties retain the right to inspect the laboratory to determine conformity with the standards described in this policy.  The laboratory will only test for drugs identified in this policy. The City shall bear the cost of all required testing unless otherwise specified herein. 
 
b. Tests for all controlled substances, except alcohol, shall be by oral fluid testing and shall consist of two procedures, a screen test and, if that is positive, a confirmation test.    
 
c. To be considered positive for reporting by the laboratory to the City, both samples must be tested separately in separate batches and must also show positive results on the confirmatory test. 
 
d. In the event of a positive test, the testing laboratory will perform an automatic confirmation test on the original specimen at no cost to the Covered Employee.  In addition, the testing laboratory shall preserve a sufficient specimen to permit an independent re-testing at the Covered Employee’s request and expense.  The same, or any other, approved laboratory may conduct re-tests.  The laboratory shall endeavor to notify the designated MRO of positive drug, alcohol, or adulterant tests results within five (5) working days after receipt of the specimen.

III. Medical Review Officer (MRO) 
 
a. All positive drug, or Substituted, Adulterated, positive-Diluted Specimen, or Invalid Drug Test, as defined herein, will be reported to a Medical Review Officer (MRO).  The MRO shall review the test results, and any disclosure made by the Covered Employee, and shall attempt to interview the individual to determine if there is any physiological or medical reason why the result should not be deemed positive.  If no extenuating reasons exist, the MRO shall designate the test positive.     
 
b. When the laboratory reports a confirmed positive, Adulterated, Substituted, positive-Diluted, or Invalid test, it is the responsibility of the MRO to: (a) make good faith efforts to contact the employee and inform the employee of the positive, Adulterated, Substituted, positive-Diluted, or Invalid test result; (b) afford the employee an opportunity to discuss the test results with the MRO; (c) review the employee's medical history, including any medical records and biomedical information provided by the Covered Employee, or the employee’s treating physician, to the MRO; and (d) determine whether there is a legitimate medical explanation for the result, including legally prescribed medication.  Employees shall identify all prescribed medication(s) that they have taken.  If the Covered Employee fails to respond to the MRO within three (3) days, the MRO may deem the Covered Employee’s result as a positive result. 
 
c. The MRO has the authority to verify a positive or Refusal To Test without interviewing the employee in cases where the employee refuses to cooperate, including but not limited to: (a) the employee refused to discuss the test result; or (b) the City directed the employee to contact the MRO, and the employee did not make contact with the MRO within seventy-two (72) hours.  In all cases, previously planned leaves may extend this time.  The MRO’s review of the test results will normally take no more than three (3) to five (5) days from the time the Covered Employee is tested.    
 
d. If the testing procedures confirm a positive result, as described above, the Covered Employee and the Substance Abuse Prevention Coordinator (SAPC) for the City and departmental HR staff or designee will be notified of the results in writing by the MRO, including the specific quantities.  The results of a positive drug test shall not be released until the results are confirmed by the MRO.  The Covered Employee may contact the SAPC, or the MRO, to request a drug or adulterant retest within seventy-two (72) hours from notice of a positive test result by the MRO.  The requesting party will pay costs of re-tests in advance. 
 
e. A drug test result that is positive and is a Diluted Specimen will be treated as positive.  All drug test results that are determined to be negative and are Diluted Specimens will require that the employee take an immediate retest.  If the retest yields a second negative Diluted Specimens result, the test will be treated as a normal negative test, except in the case of subsection (f).
 
f. If the final test is confirmed negative, then the Employee shall be made whole, including the cost of the actual laboratory re-testing, if any.  Any employee who is subsequently determined to be subject of a false positive shall be made whole for any lost wages and benefits, and shall have their record expunged.
 
g. The City shall assure that all specimens confirmed positive will be retained and placed in properly secured long-term frozen storage for a minimum of one (1) year, and be made available for retest as part of any administrative proceedings. 
 
h. All information from a covered employee’s drug and/or alcohol test is confidential for purposes other than determining whether this policy has been violated or pursuing disciplinary action based upon a violation of this policy.  Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the Covered Employee or as required by law.

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8. RESULTS

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

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

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9. CONSEQUENCES OF POSITIVE TEST RESULTS

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

1. Is confirmed to have tested positive for alcohol or drugs; 

2. Refuses to Submit to testing; or 

3. Has submitted a specimen that the testing laboratory report is an Adulterated or Substituted Specimen.

a. If the Union disagrees with the proposed disciplinary action, it may use the grievance procedure as set forth in the parties’ MOU, provided, however, that such a grievance  must be initiated at the Employee Relations Director step, unless the parties otherwise mutually agree.
 
b. All proposed disciplinary actions imposed because of a positive drug/alcohol test(s) shall be administered pursuant to the disciplinary matrix set forth in Exhibit A.  Subject to good cause, the City may impose discipline for conduct in addition to the discipline for a positive drug/alcohol test.  The positive test may be a factor in determining good cause for such additional discipline.
 
c. In the event the City proposes disciplinary action, the notice of the proposed discipline shall contain copies of all laboratory reports and any other supporting documentation upon which the City is relying to support the proposed discipline.

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10. RETURN TO DUTY

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

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11. TRAINING

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

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12. ADOPTION PERIOD

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

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13. JOINT CITY/UNION COMMITTEE

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

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14. SAVINGS CLAUSE

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

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EXHIBIT A

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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

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REASONABLE SUSPICION REPORT FORM

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

~Please print information~

Employee Name:        

Department:         

Division and Work Location:

Date and Time of Occurrence:

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

Smells of Alcohol

Smells of Marijuana

Observed Consuming/Ingesting Alcohol or Drugs at work.
 

Section II

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

1. SPEECH:

• Incoherent/Confused
• Slurred

2. BALANCE:

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

3. AWARENESS:

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

4. APPEARANCE:

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

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Section III – NARRATIVE DESCRIPTION

(MUST be completed in conjunction with Section I and/or Section II)
~Please print information~

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

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Section IV

In addition to completing the narrative in Section III above:

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

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

Print name of first on-site Supervisor Employee Representative         

Signature         DATE:

Print name of second Supervisor Employer Representative

Signature         DATE:

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APPENDIX I: UNION ACCESS TO NEW EMPLOYEES PROGRAM

I. Purpose

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

II. Notice and Access

A. The City shall provide the Union written notice of, and access to, new employee orientations (hereinafter NEOs) as set forth below. It is the City’s policy that NEOs are mandatory for all newly-hired employees. It is the City’s intent that NEOs take place as promptly as possible after the first day of employment. Within thirty (30) calendar days of the start of employment, newly-hired employees will be scheduled to attend the next available NEO. NEOs shall be scheduled during an employee’s regularly scheduled, paid time.  In the event that a newly-hired employee’s regular schedule is outside of a scheduled NEO, the Department may make a one-time adjustment to the employee’s work schedule in order to accommodate this requirement.
 
In the event an employee does not attend the NEO that the employee was scheduled to attend, said employee will be automatically enrolled to attend the next available NEO.  If the employee does not attend the subsequently scheduled NEO, the Union NEO Coordinator may contact the Departmental NEO coordinator to arrange a meeting with the employee pursuant to Section F., below.

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

C. Notice

1. Single Point of Contact: The Union agrees to provide the City with a single point of contact (hereinafter, Union NEO Coordinator) and the City agrees to provide the Union with a single point of contact for each Department (hereinafter, Departmental NEO Coordinator), which will be updated by the City and the Union on an as-needed basis.

2. Notice of Schedule: For any NEO that takes place on a regular, recurring schedule, the sponsoring Department shall be responsible for providing annual notice to the Union. For NEOs that are not offered on a regular, recurring schedule, the sponsoring Department shall provide no less than ten (10) business days’ notice. Said notices shall be provided by email, to the Union NEO Coordinator. This requirement shall apply to all NEOs in which City personnel provide newly-hired employees with information regarding employment status, rights, benefits, duties, responsibilities, or any other employment-related matters.

3. Notice of Enrollment: Notice shall include a list of new employees represented by the Union scheduled to attend the NEO.  If practical, the City agrees to provide additional identifying information including, but not limited to, classification and department. Six months from enactment, in the event the City is unable to provide classification and department information in the Notice of Enrollment, the Union can reopen this Agreement for the sole purpose of meeting and conferring over the identifying information provided in this Section II.C.3 Notice of Enrollment.  Said meeting and conferring shall not be subject to the impasse procedures in Government Code Section 3557. The Department sponsoring the NEO shall provide the foregoing information no less than five (5) business days prior to the NEO taking place.  The Department will make best efforts to notify the Union NEO Coordinator of any last-minute changes.  Onboarding of individual employees for administrative purposes is excluded from this notice requirement.

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

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

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

1. The Union NEO Coordinator shall coordinate with the new employee(s) referenced in the preceding paragraph and the Departmental NEO Coordinator to schedule a fifteen (15) minute meeting during normally scheduled hours, which shall not be during employee’s break or meal period, for the Union representative(s) to meet privately with, and provide materials and information to, the new employee(s). City representatives shall not be present during said meeting. The Union agrees to limit its presentation to only those matters stated in Section H., below. 

2. In the event the proposed time cannot be accommodated, the Union NEO Coordinator and the Departmental NEO Coordinator shall work together to find a mutually agreeable time within ten (10) business days of the Union’s request.

3. Department of Elections: Any new employee of the Department of Elections who is classified as Temporary Exempt (Category 16), whose duration of appointment is one (1) pay period or less, and works on an as-needed work schedule will receive written materials provided by the Union in lieu of attending a Citywide or Departmental NEO, a private meeting with the Union as provided for in Section F., above, or a Periodic Union Orientation as provided for in Section G., below. 

G. Process for Periodic Union Orientations: By mutual agreement, the Union NEO Coordinator and the Departmental NEO Coordinator may schedule periodic thirty (30) minute Union orientations. Periodic Union orientations may be scheduled on an every-other-month, quarterly, or other basis. 
 
The following Departments shall maintain existing Union orientation arrangements: Department of Emergency Management; Sheriff’s Department; and Police Department. 
 
The 311 Customer Service Call Center shall maintain existing practice with respect to Union access to 311 Customer Service Agent Training.

H. Union Orientation Presentations: The Union agrees to limit its presentation to a general introduction to its organization, history, by-laws, and benefits of membership. The Union agrees not to engage in campaigning on behalf of an individual running for public elected office and ballot measures during the NEO, or other topics that would be considered beyond general discussion on the benefits of Union membership. 
 
III. Data Provisions
 
Subject to the limitations contained in CA Government Code Section 3558, the City shall provide the Union with all required information on newly-hired employees to the extent it is made available to the City. In addition, within ten (10) business days of the conclusion of each NEO, the City agrees to provide the Union with a stand-alone report containing a list of employees, including classification code and division, who were scheduled to, but did not attend each NEO. 
 
IV. Hold Harmless

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

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ATTACHMENT A

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

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ATTACHMENT B

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

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ATTACHMENT A – Compensation Grades

For current rates of pay, please refer to the City and County of San Francisco’s Compensation Manual located at:

For current rates of pay, please refer to the City and County of San Francisco’s Compensation Manual. 

GLOSSARY- CIVIL SERVICE COMMISSION JURISDICTION

The following provisions are for informational purposes only. They shall be interpreted, applied and administered by the Civil Service Commission, and shall not be subject to the grievance and arbitration procedure set forth in this Memorandum of Understanding.

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LEAVES OF ABSENCE

Employees who are absent from their duties because of illness or disability are eligible for sick leave. In addition to normal use sick leave, employees shall be entitled to the following:

A. Sick Leave – Bereavement

1. Absence because of the death of the employee's spouse or domestic partner, parents, step parents, grandparents, parents-in-law or parents of a domestic partner, sibling, child, step child, adopted child, 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 three (3) working days and shall be taken within thirty (30) calendar days after the date of death; however, two (2) additional working days shall be granted in conjunction with the bereavement leave if travel outside the State of California is required as a result of the death.

2. 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.

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SIDE LETTER AGREEMENT

RE: SUPERVISOR II POSITIONS

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, a process to collaborate on identifying staffing and resource gaps in the Supervisory II classifications as represented by member affiliates of the Crafts Coalition.
 
The Department of Human Resources is committing to creating a Joint Labor Management Committee, over the course of two years from July 1, 2022 – June 30, 2024, to examine the current status of Supervisor II classifications, assess the operational and staffing needs to sufficiently manage City construction crews, and to help identify a direct path to promotive opportunities for our City’s trades workers.  The City recognizes the current and historical role of the Supervisors IIs as key management staff overseeing crafts and trades shops across departments.   Some of the options for this path include:

• Identifying existing positions where Supervisor I positions can be upgraded to Supervisor II positions;
• Identifying vacant positions where Supervisor I and II positions previously existing can be restored.

The City and the Union agree to meet as soon as practicable to further outline the composition of the Committee, identify key City departments as Committee partners, and move forward in mutually-agreed upon ways to address the Supervisor II classification and related issues.  The Committee shall meet no less frequently than quarterly over the course of the two years, and the first meeting shall be no later than Labor Day 2022.  The Committee shall include a representative from Plumbers Local 38, and Sheet Metal Local 104.

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SIDE LETTER ON HIRING HALL

The parties are mutually interested in exploring the opportunity to use Union hiring halls to provide temporary workers to the City. The parties also recognize that there are many complexities involved in using hiring hall employees in the City, including working within civil service rules and the Charter.  
 
At the Union’s request, the parties will convene a working group with the goal of providing a joint recommendation to the City no later than October 31, 2025, regarding the use of temporary employees from hiring halls. A final report shall be provided to the Human Resources Director. 
 
The working group shall be comprised of at least three (3) appointees from the Building Trades Council and at least 3 appointees from the City. The Build Trades Council and the City shall each appoint a co-chair, who shall be responsible for facilitating and planning meetings. If by June 30, 2025, the working group has not reached a unanimous recommendation, it shall be empowered to engage the California State Mediation and Conciliation Service. After conclusion of mediation, should the group still be unable to reach a unanimous recommendation, the group’s report shall reflect the views of all parties. It is understood that the recommendations of this committee shall be subject to approval processes by the City and affected Unions. 
 
The City’s decision to accept or reject the recommendations of the working group are not subject to the grievance provisions of this Agreement.

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SIDE LETTER 7361 PLASTERER

The parties acknowledge that the 7361 Plasterer classification has been abolished, and that any plastering work contracted out shall continue as such. It is understood that work previously performed exclusively by the Plasterer position remains in the jurisdiction of Local 300.

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