Laborers International Union, Local 261 (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 its designated representative acting on behalf of the Board of Supervisors and the Laborers International Union, Local No. 261 (hereinafter "Union").

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I.A. RECOGNITION

2. The City acknowledges that the Union has 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:  

3402 Farmer 
3408 Apprentice Arborist Technician I 
3409 Apprentice Arborist Technician II 
3410 Apprentice Gardener 
3417 Gardener 
3419 Municipal Stadium Groundkeeper 
3420 Natural Resource Specialist
3421 Chief Natural Resource Specialist
3422 Park Section Supervisor 
3424 Integrated Pest Management Specialist 
3425 Senior Integrated Pest Management Specialist 
3428 Nursery Specialist 
3430 Chief Nursery Specialist 
3434 Arborist Technician  
3435 Urban Forestry Inspector 
3436 Arborist Technician Supervisor 
3438 Arborist Technician Supervisor II 
7215 General Laborer Supervisor I 
7220 Asphalt Finisher Supervisor I 
7246 Sewer Repair Supervisor II 
7281 Street Environmental Services Operations Supervisor 
7282 Street Repair Supervisor II 
7404 Asphalt Finisher 
7421 Sewer Maintenance Worker 
7422 Senior Sewer Maintenance Worker
7458 Switch Repairer 
7501 Environmental Service Worker 
7502 Asphalt Worker 
7514 General Laborer 
7540 Track Maintenance Worker 
9916 Public Service Aide

3. The terms and conditions of this Agreement shall also be automatically applicable to any classifications for which the Union has become appropriately recognized during the term of this Agreement.

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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. 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 Board's jurisdiction, powers, and authority to act as defined by the Charter.  The Mayor does not intend nor attempt to bind any board, commission or officer to any provisions of this agreement over which the Mayor or the Board has no jurisdiction.

6. Any provision of this Agreement that is deemed by a Department, Commission, Board or Division to be an administrative matter within its jurisdiction shall be subject, at the option of the Union, to expedited arbitration to determine whether or not the provision is an administrative matter within the jurisdiction of the Department, Commission, Board or Division.

7. Matters determined to be administrative within the jurisdiction of the Department, Commission, Board or Division shall not be binding upon said Department, Commission, Board or Division unless and until said specific provision(s) have been approved and adopted in writing by the Department, Commission, Board or Division.

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I.C. OBJECTIVE OF THE CITY

8. 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.

9. The Union recognizes the City's right to establish and/or revise performance 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.  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 Union agrees 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.

11. The City and its departments retain all rights as set forth in the provisions in the Charter, existing ordinances and civil service rules establishing and regulating the civil service system; provided, however, that amendments to said existing ordinances may be proposed through the meeting and conferring process.  These rights include, but are not limited to, the power, duty and right to hire, promote, transfer, assign and retain employees; to suspend or terminate for proper cause; to relieve employees of duties because of lack of work or lack of funds; to establish performance standards and evaluate employees; to determine and implement the methods, means, assignments, classifications, and personnel by which operations are to be conducted; and to initiate, prepare, modify and administer its budget.  In no event shall the exercise of any of these rights conflict with any applicable Statute, Charter Provision, Civil Service Rule or any other pertinent provision of law.

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I.E. JOINT LABOR MANAGEMENT COMMITTEE

12. 1. The parties have established a Joint Labor Management Committee with     equal     representation from both the City and the Union.

Scope:
a. to give advice and make recommendations regarding the meaning, interpretation, or application of this Agreement;
b. to give advice and make recommendations regarding issues which both the City and the Union agree to submit to the Joint Labor Management Committee;

13. 2. The Joint Labor Management Committee shall meet at a minimum on a quarterly basis on the Wednesday prior to the fourth Friday in January, April, July, and October of each year and otherwise as needed.  Dates can be adjusted for good cause or with the mutual agreement of the parties.  By mutual agreement, the Committee may discuss grievance matters subject to arbitration.

14. 3. The Committee is specifically empowered to discuss and facilitate the resolution of disputes and the settlement of non-economic contract interpretation grievances with citywide relevance and interest, and to establish such sub-committees as may be needed to consider and recommend solutions to workplace issues and concerns.

15. 4. The parties shall meet and confer regarding identified impacts of the PUC’s Clean Power SF Program that are within the scope of bargaining.

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I.F. NO WORK STOPPAGES

16. It is mutually agreed and understood that during the period this Agreement is in force and effect the Union and employees covered by this Agreement will not authorize or engage in any strike, slowdown, or work stoppage.  

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I.G. GRIEVANCE PROCEDURE

17. The following procedure is adopted by the Parties to provide for the orderly and efficient disposition of grievances and is the sole and exclusive procedure for resolving grievances as defined herein.

Apprentices and 9916 Public Service Aide

18. Section I.G. Grievance Procedure shall not apply to any employees in apprentice classifications, or classification 9916 Public Service Aides.

Definition

19. A grievance is defined as (1) 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 (2) an appeal from a suspension or disciplinary discharge.

A grievance does not include:

Written reprimands, provided however, that employees shall be entitled to submit a written rebuttal to any written reprimand within thirty (30) calendar days from the date of the reprimand. The City will include any timely rebuttal in the employee's official personnel file with the reprimand.

Grievance Description

20. The Union and the City agree that the following guidelines will be used in the submission of grievances.

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 employee or employees;

b. The section(s) of the Agreement which the Union or grievant, as applicable,     believes has been violated;

c. The remedy or solution being sought by the Grievant.

The City will return any grievance that does not include the information specified above to the Union or grievant.  The Union or grievant may resubmit a new grievance with the corrected information, with all dates and other provisions triggered off the new submission date.

Time Limits

21. The parties have agreed on this grievance procedure in order to ensure the swift resolution of all grievances.  It is critical to the process that each step is followed within the applicable timelines.  The time limits set forth herein may be extended by agreement of the parties.  Any such extension must be confirmed in writing.  All time limits referred to in this section are binding on each party.  If the Union or grievant, as applicable, fails to follow the time limits (unless mutually extended), the grievance shall be considered withdrawn.  If the City fails to follow the time limits (unless mutually extended), the Union shall be able to move the grievance to the next step.

22. For purposes of calculation of time, a "day" is defined as a "calendar day", including weekends and holidays. Any deadline date under this procedure that falls on a Saturday, Sunday or holiday shall be continued to the next business day.

STEPS OF THE PROCEDURE

23. Except for grievances involving multiple employees or discipline and discharge, all grievances must be initiated at Step 1 of the grievance procedure.  Grievance steps are skipped only with the express, prior approval of the other party, except as otherwise provided herein.

24. A grievance affecting more than one employee shall be filed with the appointing officer or designee at Step 2.  Grievances affecting more than one department shall be filed with the Employee Relations Division at Step 3.  In the event the City disagrees with the level at which the grievance is filed it may submit the matter to the Step it believes is appropriate for consideration of the dispute.

25. Grievances regarding disciplinary actions shall be initiated at Step 2 of the Grievance Procedure within fifteen (15) days of the mailing date of the final written notice imposing discipline. Only the Union shall have the right to file such grievances regarding disciplinary actions.  The grievance shall set forth the basis of the appeal.  As used herein "disciplinary action" shall be defined as discharge, suspensions and disciplinary demotion.

26. Step 1: An employee shall discuss the grievance informally with the employee’s immediate supervisor as soon as possible but in no case later than fifteen (15) days from the date of the occurrence of the act or the date the grievant might reasonably have been expected to have learned of the alleged violation being grieved.  The immediate supervisor shall respond within fifteen (15) days following notice of the Step 1 grievance, specifying the reason or reasons for concurring with or denying the grievance.  

27. Step 2:  A grievant dissatisfied with the immediate supervisor's response at Step 1 may appeal to the Appointing Officer or designee, in writing, within fifteen (15) days of receipt of the Step 1 answer.  The Step II grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step.  The grievance will set forth the facts of the grievance, the terms and conditions of employment claimed to have been violated, misapplied or misinterpreted, and the remedy or solution being sought by the grievant.  The Appointing Officer or designee shall respond in writing within fifteen (15) days of receipt of the Step 2 grievance, specifying the reason or reasons for concurring with or denying the grievance.

28. Step 3:  A grievant dissatisfied with the Appointing Officer's response at Step 2 may appeal to the Employee Relations Director, in writing, within twenty (20) 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 reason or reasons for rejecting the lower step response and advancing the grievance to the next step. The Step 3 grievance shall 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 Employee Relations Director or designee shall make a good faith effort to discuss the grievance with the Union prior to responding to the appeal in writing.  The Employee Relations Director or designee shall respond to the appeal in writing within fifteen (15) days of receipt of the Step 3 grievance.

ARBITRATION

29. If the Union is dissatisfied with the Step 3 response it may invoke arbitration by notifying the Employee Relations Director in writing, within twenty (20) days of the date of the Step 3 decision by submitting a request for arbitration to the ERD Director. The ERD Director shall issue a letter referring the Union to the City Attorney’s Office, copying the City Attorney’s office and identifying the Deputy City Attorney contact for the grievance.  The Union shall contact the City Attorney’s Office by letter, copied to the Employee Relations Director, via US mail, within thirty (30) days of the date of the ERD Director’s letter referring the Union to the City Attorney’s Office. If the Union fails to contact the City Attorney’s Office within thirty (30) calendar days of that letter, the grievance is deemed withdrawn.

Selection of the Arbitrator

30. 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 fifteen (15) days, or any extension of time mutually agreed upon the parties shall request that the State Mediation and Conciliation Service 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.

31. 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 State Mediation and Conciliation Service.

32. The parties shall schedule the arbitration hearing within thirty (30) days of selecting the Arbitrator, which shall be no later than sixty (60) days from the date of the ERD letter acknowledging the Union’s request to arbitrate.  If the Union fails to select an arbitrator and schedule a hearing, the grievance shall be considered withdrawn.

Authority of the Arbitrator
33. The arbitrator shall have no authority to add to, subtract from, modify or amend the terms of this Agreement.  The decision of the Arbitrator shall be final and binding on all Parties.

Fees and Expenses of Arbitrator

34. Each party shall bear its own expenses in connection with the arbitration, including, but not limited to, witness and attorney's fees, and any fees for preparation of the case.  Each party expressly waives any right to an award of attorney’s fees or costs in any grievance proceeding. Transcripts shall not be required except that either party may request a transcript provided, however, that the party making such a request shall be solely responsible for the cost:  All fees and expenses of the arbitrator and the court reporter, if any, shall be split equally between the parties.

Hearing Dates and Date of Award

35. The parties shall make their best efforts to schedule hearings within forty (40) days of selection of an arbitrator.  Awards shall be due within forty (40) days following the receipt of closing arguments.  As a condition of appointment arbitrators shall be advised of this requirement and shall certify their willingness to abide by these time limits.

36. Any claim for monetary relief shall not extend more than twenty (20) days prior to the initiation of a grievance, nor shall an arbitrator award such monetary relief.  The arbitrator shall be required to deduct from any monetary awards all income derived from any subsequent employment or unemployment compensation received by the employee.  

37. In the event a grievance is not filed or appealed in a timely manner it shall be dismissed.  Failure of the City to timely reply to a grievance shall authorize appeal to the next grievance step.

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.

Expedited Arbitration

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.

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I.H. UNION SECURITY

1. Authorization for Payroll Deductions

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

43. 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.

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

45. 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.

46. 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.  

47. 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.

48. 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.  

49. 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

50. 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.H.  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.H. brought by the Union against the City. This subsection 2 shall not apply to any claim against the City where the City failed to process a timely, properly completed request to change or cancel a Contributions deduction, as provided in subsection 1.

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I.I. SHOP STEWARDS

51. 1. The Union shall furnish the Department of Human Resources Employee Relations Division with an accurate written list of shop stewards in designated units by July 1 of each fiscal year.  The Union shall be limited to designating one (1) steward for every thirty (30) employees in the bargaining unit and three additional stewards for representation at remote locations (Millbrae, Sunol, Hetch Hetchy). During the course of the year, the Union shall amend the list as needed to ensure that the list is accurate and up to date. The City will only recognize those shop stewards officially designated in writing by the Union.

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

53. 3. Upon notification of an appropriate management person, stewards or designated officers of the Union, subject to management approval which shall not be unreasonably withheld, shall be granted reasonable release time to investigate and process grievances and appeals. Subject to the operational needs of the releasing Department, the City shall not unreasonably withhold release time for stewards to participate in official functions. Stewards shall advise their supervisors of the area or work location where they will be investigating or processing grievances. The Union will attempt to ensure that shop steward release time will be equitably distributed.  If, in the judgment of the supervisor, permission cannot be granted immediately to the shop steward to present an informal grievance during on-duty time, such permission shall be granted by the supervisor no later than the next working day from the date the shop steward was denied permission.

54. 4. In emergency situations, where immediate disciplinary action must be taken because of a violation of law or a City departmental rule (intoxication, theft, etc.) shop stewards shall not unreasonably be denied the right to leave their post or duty to assist in the grievance procedure.

55. 5. Shop stewards shall not interfere with the work of an employee.  It shall not constitute interference with the work of an employee for a shop steward, in the course of investigating or processing a grievance, to interview an employee during the employee's duty time. A steward shall not represent an employee in a disciplinary matter if the steward is a witness or otherwise personally involved in the matter.  

56. 6. Departments will notify the Union of new employee orientation sessions at least ten working days prior to the session and shop stewards shall be permitted to make appearances at departmental orientation sessions in order to be introduced, distribute Union materials and to discuss employee rights and obligations under this Agreement.

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I.J. BULLETIN BOARDS

57. Upon request by the Union, departments shall provide reasonable space on bulletin boards for use by the Union to communicate with its represented employees.  Department representatives, upon request, will meet with Union representatives regarding the placement of bulletin board lock-boxes purchased by the Union in employee work locations.  Lock-box keys will be provided to the Department.  

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I.K. RELEASE TIME- CIVIL SERVICE TEST RESULTS

58. The Board of Supervisors urges all departments to, whenever possible, release people from their work locations in order to visit the Civil Service Commission with regard to matters affecting the particular individual as it pertains to testing and inspection of test results.

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ARTICLE II - EMPLOYMENT CONDITIONS

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II.A. NON-DISCRIMINATION

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

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II.B. PERSONNEL FILES

60. Except for routine payroll and personnel administration documents, 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.  Except for routine payroll and personnel administration documents, all material in the file must be signed and dated by the author.  

61. Material relating to disciplinary actions in the employee’s personnel file which have been in the file for more than three (3) years of actual work shall not be used by the city for any purpose. Upon written request of an employee or designee to the Appointing Officer or designee, material relating to disciplinary actions in the employee's personnel file which have been in the file for more than three (3) years of actual work shall be “sealed” (i.e. shall remain confidential) to the maximum extent legally permissible, provided the employee has no subsequent disciplinary action since the date of such prior action.  If an employee has a pending disciplinary action, the employee shall not be permitted to remove or request to seal any material relating to any disciplinary action until that matter has been resolved, though, this provision shall not interfere with the aforementioned prohibition on the City’s use of materials relating to disciplinary actions older than three (3) years for any purpose. Nothing in this provision shall be interpreted to prevent the City from complying with a court order or legally issued subpoena.  Performance evaluations are excluded from this provision.

62. 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; drug addiction or habitual intemperance; mistreatment of persons; immorality; acts which would constitute a felony or misdemeanor involving moral turpitude; acts which present an immediate danger to the public health and safety.  In such cases, an employee's request for removal may be considered on a case by case basis, depending upon the circumstances, by the Appointing Officer or designee.

63. Once the statute of limitations for the filing of civil litigation has run involving any material that has been sealed, the removal provisions of paragraph one shall apply.

64. It is understood that replacing the word "removed" with the word "sealed" above shall not be construed to change the intent of this section with respect to the department's access to such material.  Rather, the intent of this change is to assure that the material is not discarded or destroyed so that it is available to the City Attorney only on an as needed basis.  In the event a sealed file is to be opened, the department will notify the employee and allow the employee and the employee’s representative to be present.    

65. No action to impose discipline against an employee shall be initiated more than thirty (30) days from the date the employer knows of the conduct and has completed a diligent and timely investigation except for conduct which would constitute the commission of a crime.  The discipline imposed may take into account conduct that is documented in the employee's personnel file or was the subject of a prior disciplinary action.

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II.C. SENIORITY

66. It is recognized that the Appointing Authority has the sole authority regarding work shift assignments and the assignment of work generally.  Nonetheless, and consistent with departmental operational needs, the Employee Relations Division, and the Union recommend and encourage City departments to give due consideration to departmental seniority, current satisfactory work performance and the absence of pending discipline, or discipline served in the preceding six months in the bidding of work shifts, the making of assignments and the selection of vacation time.

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II.D. TRAVEL PAY

Travel for Temporary Assignments

67. If a department temporarily assigns employees to work at another location outside of the City and County of San Francisco and the employees are required to transport themselves to a location further than the distance to their regularly assigned location, the employees shall not be required to travel on their own time for that portion of the trip which exceeds the normal commute time to their regular work location.

68. Employees using their own vehicle shall be reimbursed for mileage at the rate allowed by the IRS and toll expenses for the difference in distance between the commute to their regularly assigned work location and the temporary location, provided that the their regular and temporary work locations are not both within the City and County of San Francisco.

69. The provisions in the Travel for Temporary Assignments Section 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.

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II.E. QUALIFIED APPLICATOR CERTIFICATE AND PESTICIDE CONTROL ADVISOR LICENSE

70. 1. Employees who are required to obtain and maintain a valid Qualified Applicator Certificate and Pesticide Control Advisor License as a part of their work assignment shall continue to be reimbursed for continuing education classes required to maintain their license and the fee charged for renewing their certificate upon presentation of documentation that establishes verification of the successful completion of the course or renewal process.

71. 2. The reimbursement authorized by this section shall apply only to the renewal of required certificates and not to their initial acquisition.

72. 3. The City will reimburse the direct cost of acquiring and maintaining the license to those employees who work for the City departments who are required by their respective departments to use their advisor's license to write plans (advice) for the application of covered agents.

73. 4. The City will also reimburse those employees referenced above who work     for "City" departments for the cost of their membership in the California Agriculture Production Consultants Association when such membership is required by the department.

74. 5. The City's negotiating representatives will attempt to attain a letter from the City Attorney setting forth the obligations of the City with respect to indemnification of employees for actions taken (or not taken) under their Pest Control Advisor License.

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II.F. RIGHT TO PRIVACY

75. Employees will have a reasonable expectation of privacy when a department formally allows employees a closed work area as a locker and/or desk drawer with an individual key.

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II.G. SUBCONTRACTING

1. “Prop J.” Contracts

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

77. 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.  

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

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

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

2. Advance Notice to Union on Personal Services Contracts  

80. a. Departments shall notify the Union 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 union 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.

81. b. If the Union wishes to meet with a department over a proposed personal services contract, the Union must make the written request to the Human Resources Director with a copy forwarded to the appropriate department within ten (10) working days after the Union receives notice of the Department’s proposed personal services contract.  If the Union fails to request to meet within the ten (10) working days, it waives its right to meet with the City.  

82. 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 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.

83. 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.

84. e. The City agrees to provide the union 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 Union on Construction/Maintenance or Job Order Contracts

85. a. At the time the City issues an invitation for a Construction Bid and Specifications, the City shall notify the Union with a copy to the Alliance for Jobs and Sustainable Growth of any construction/maintenance or job order contract(s), where such services could potentially be performed by represented classifications. Local 261 agrees that the mailing and email address for Alliance for Jobs and Sustainable Growth must be communicated to the ERD Director and to the City Administrator before June 1st, 2014.  Thereafter, the Union will notify ERD in writing of any changes of address.  

86. b. If the Union wishes to meet with a department over     a proposed construction/maintenance contract, the Union must make its request to the appropriate department within two weeks after the receipt of the department’s notice. 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 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.

87. c. 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.  

88. d. The City agrees to provide the Laborers’ International Union, Local 261 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. BARGAINING UNIT WORK

89. The City agrees that it will not assign work currently performed by LIUNA represented employees under this Agreement to City employees in any other bargaining unit.  In the event that bargaining unit work is assigned to non-represented workers, the City will do so only subject to Article II.G of this agreement (as amended 7/1/2014) or pursuant to mutual agreement.

90. “Alternate workers,” as used in this paragraph, shall refer to individuals engaged by the City to perform bargaining unit work (including volunteers), but who are not employees of the City. Alternate workers shall be limited to the performance of ancillary bargaining unit activities, and the City shall only appoint appropriate bargaining unit members to direct the work of alternate workers. Alternate workers shall not be permitted to use power tools or drive City vehicles without the mutual agreement of the City and the Union. In the event of layoffs, alternate workers will not displace employees in classifications covered by this Agreement.

91. The City acknowledges the potential for technological advancement to impact the nature of work performed by the bargaining unit, and agrees that, should the City convene any committee to discuss implementation of technology directly affecting the performance of bargaining unit work, the Union shall have the right to participate in that committee.

92. Requests for classification or reclassification review shall not be governed by this Collective Bargaining Agreement but may be submitted to the Civil Service Commission whose determination is not subject to the grievance procedure.

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II.I. REQUESTS FOR REASSIGNMENT

93. In Departments with no shift/assignment bid, employees may request consideration for reassignment to a vacant permanent position.  Vacant permanent positions shall be posted for a minimum of five (5) days.

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II.J. TEMPORARY ASSIGNMENTS

94. Where possible, departments will provide employees with two weeks’ notice prior to the effective date of a temporary assignment to a different work location.  A department will not reassign employees to another work location temporarily for arbitrary or capricious reason(s).

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II.K. MINIMUM NOTICE FOR DISPLACEMENTS

95. The City will provide ten (10) business days’ notice to employees who are subject to displacement due to layoffs.  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.L. GUIDELINES FOR SUPERVISOR WORKLOADS

96.    Upon written request by the Union, the Department will meet to establish guidelines regarding supervisorial workloads with respect to span of control.  All Departments utilizing alternate workers agree to meet, confer, and agree pursuant to Article I.E.3., to guidelines for ongoing orientation and support of supervisors, and assignment and direction of work.

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II.M. PROBATIONARY PERIOD

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

98. 2080 regularly scheduled hours worked, including legal holiday pay (LHP) for new appointees;

99. 1040 regularly scheduled hours worked, including legal holiday pay (LHP) for a promotive appointment; and

100. 520 regularly scheduled hours worked, including legal holiday pay (LHP) for any other appointment type (i.e. bumping, transfers).

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

102. A probationary period may be extended by mutual agreement, in writing, between the employee and the Appointing Officer or designee.

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II.N. TRANSFERS

103. Within 120 days of the execution of this Agreement, the City shall prepare and distribute to all bargaining unit members written materials explaining the process and procedure for identifying vacant eligible positions and transfer opportunities and applying for transfers

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ARTICLE III - PAY, HOURS AND BENEFITS

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III.A. WAGES

104. All base wage calculations shall be rounded to the nearest whole dollar, bi-weekly salary.  Represented employees will receive the following base wage increases:

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

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

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

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

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

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

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

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

Effective July 1, 2024, represented employees shall earn no less than $25.00 an hour.

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

105. Employees appointed to the following classifications shall enter at Step 5:

3422 Park Section Supervisor
3430 Chief Nursery Specialist
3434 Arborist Technician (positions requiring possession of a “Class B” CA drivers’ license shall enter at Step 10)
3436 Arborist Technician Supervisor I
7215 General Laborer Supervisor I
7220 Asphalt Finisher Supervisor I
7246 Sewer Repair Supervisor II
7281 Street Environmental Services Operations Supervisor
7422 Sr. Sewer Maintenance Worker

106. 3417 Gardeners and 7514 Laborers appointed after completing the full curriculum of a State-certified apprenticeship program or equivalent coursework when approved by the Apprenticeship Committee shall enter at Step 5.  If completion of the full curriculum occurs after appointment, such employees shall be moved to Step 5 upon curriculum completion.

7501 General Laborer Apprentice

107. Effective July 1, 2024, the step structure for the 7501 General Laborer Apprentice shall be revised as follows:

• Steps 1 through 6 will be struck 
• Steps 7 through 12 will become the new Steps 1 through 6

7501 General Laborer Apprentices hired on or before June 30, 2024 shall be placed in the new steps as follows:

108. a. 7501 General Laborer Apprentices shall be compensated based on actual hours worked (On-the-Job Training Hours) as follows:

109. b. Related Supplemental Instruction (RSI) hours (e.g. hours spent at the Training Center) shall not count towards actual hours for the purposes of advancement in compensation as delineated in section a. above.

3410 Apprentice Gardeners

110. a. 3410 Apprentice Gardeners shall be compensated based on actual hours worked (On-the-Job Training Hours) as follows:

111. b. Related Supplemental Instruction (RSI) hours (e.g. hours spent at the Training Center) shall not count towards actual hours for the purposes of advancement in compensation as delineated in section a. above.

3408 and 3409 Apprentice Arborist Technicians

112. a. 3408 Apprentice Arborist Technician I shall be compensated based on actual hours worked (On-the-Job Training Hours) as follows:

113. b. 3409 Apprentice Arborist Technician II shall be compensated based on actual hours worked (On-the-Job Training Hours) as follows:

114. c. Related Supplemental Instruction (RSI) hours (e.g. hours spent at the Training Center) shall not count towards actual hours for the purposes of advancement in compensation as delineated in section a. and b. above.

ADDITIONAL WAGE ADJUSTMENTS

115. Any employee in class 3424 Integrated Pest Management Specialist who is promoted to class 3425 Senior Integrated Pest Management Specialist shall enter the 3425 classification at Step 5.

116. Effective July 1, 2024, employees in class 3425 Senior Integrated Pest Management Specialist shall receive a one-time wage adjustment of an additional eight percent (8%) to their base wage.

117. Effective July 1, 2024, employees in class 3422 Park Section Supervisor shall receive a one-time wage adjustment of an additional two percent (2%) to their base wage.

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III.B. MAINTENANCE AND CHARGES

118. 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. REGULAR WORK SCHEDULES

119. a. Unless otherwise provided a regular workday is a tour of duty of eight (8) hours completed within not more than nine (9) hours. A regular workweek is a tour of duty of five (5) consecutive workdays within a seven (7) day period.

b. Flexible Work Schedule

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

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

122. The employee must execute a document stating that the employee is voluntarily participating in a flex-time program.  Such changes in the work schedule shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as those provided to employees on a “Regular Work Schedule” as defined.

c. Alternate Work Schedule

123. Subject to meet and confer, the City and Union may enter into cost equivalent alternate work schedules for some or all represented employees.  Such alternate work schedules may include a full-time workweek of less than five (5) days.  Such changes in the work schedule shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as those provided to employees on a “Regular Work Schedule” as defined.

124. d. Exceptions:

125. (1) The 20 20 Educational Program.

126. (2) Specially funded training programs approved by the Department of Human Resources.

127. (3) 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.

128. (4) Employees shall receive no compensation when properly notified at least two (2) hours prior to the start of the shift that work applicable to the classification is not available because of inclement weather conditions, shortage of supplies, traffic conditions, or other unusual circumstances.  Employees who are not properly notified, report to work, and are then informed no work applicable to the classification is available shall be paid for a minimum of two hours.  In the event of inclement weather, the Department of Public Works will make reasonable, good faith efforts to reassign employees to other duties for the day.

129. (5) Employees who begin their shifts and are subsequently relieved of duty due to the above-listed reasons shall be paid a minimum of four hours, computed to the nearest one quarter hour.

130. Work Schedule Changes

Pursuant to an exercise of management's rights, the appointing officer can change a work schedule based on the department's operational needs.  The appointing officer will provide written authorization confirming such change and five (5) calendar days’ notice to the employee, unless operational needs require otherwise.  Upon request of the Union during the 5-day notice period, the department will meet and confer on the impact of a noticed work schedule change.    

131. No change will be made for an arbitrary or capricious purpose nor will an individual employee’s schedule be changed temporarily to avoid paying an individual employee overtime.  Where a department and the Union have a shift bid, the provisions of the shift bid agreement will address changes to work schedules and shifts.

Notice of Shift Change

132. All bargaining unit members shall be entitled to the two (2) paid hours in the event that the City fails to provide forty-eight (48) hours’ notice of a shift change, except as provided otherwise in written Departmental bid systems.

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

134. (7) 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.

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

2. PART TIME WORK SCHEDULE

136. A part time work schedule is a tour of duty of less than forty (40) hours per week.

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III.D. COMPENSATIONS FOR VARIOUS WORK SCHEDULES

1. REGULAR WORK SCHEDULES

137. Compensation fixed herein on a per diem basis are for a normal eight (8) hour work day; and on a bi weekly basis for a bi weekly period of service consisting of regular work schedules.

2. PART TIME WORK SCHEDULES

138. Salaries for part time services shall be calculated upon the compensation for regular work schedules proportionate to the hours actually worked.

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III.E. ADDITIONAL COMPENSATION

1. NO PYRAMIDING

139. There shall be no pyramiding of benefits and or other premiums beyond that required by the provisions of 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.

2. EXTENDED TOUR OF DUTY PAY

140. 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.

141. 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.

3. CONTAINER CRANES PREMIUM

142. Port employees of the Maintenance Department who are assigned to work full-time 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.

4. LEAD WORKER PAY

143. Employees in non-supervisory classifications shall be entitled to a $15.00 per day premium when designated in writing by the Appointing Officer or designee and

144. a. When at least three (3) non-supervisory employees are working together and one (1) is assigned to direct the work of the other(s) as the lead person; or

145. b. For 3417 Gardeners, 7514 Laborers, 3420 Natural Resource Specialists, 3424 Integrated Pest Management Specialists, 3428 Nursery Specialists, 3434 Arborist Technicians, 7404 Asphalt Finishers, 7421 Sewer Maintenance Workers, 7502 Asphalt Workers, and 7540 Track Maintenance Workers, when leading and directing an alternate work crew of at least three (3) workers; or

146. c. For 3417 Gardeners, 3420 Natural Resource Specialists, 3424 Integrated Pest Management Specialists, 3428 Nursery Specialists, 3434 Arborist Technicians, 7404 Asphalt Finishers, 7421 Sewer Maintenance Workers, 7502 Asphalt Workers, 7514 General Laborers, and 7540 Track Maintenance Workers, when leading, directing, coaching and training at least one (1) Apprentice in the field or training another non-supervisory employee.

147. The employee and the Union must be given notification of the written assignment within five (5) days of the lead pay designation.  Employees are not eligible to receive both “Lead Worker” and “Acting Assignment Pay,” or “Lead Worker” in lieu of “Acting Assignment.”

5. CALL-BACK PROVISION

148. Employees (except those at remote locations where City supplied housing has been offered, or who are otherwise being compensated) who are called back to their work locations following the completion of their work day and departure from their place of employment, shall be granted a minimum of four (4) hours pay at the applicable rate.  This section shall not apply to employees who are called back to duty when on stand-by status.

6. STANDBY PAY

149. a. Employees 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 ten percent (10%) of their regular straight time rate of pay for the period of such standby service when outfitted by their department with a cell phone or another type of electronic communications device. When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid for hours actually worked computed to the nearest one-quarter (1/4) hour 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.

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

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

7. NIGHT SHIFT DIFFERENTIAL

151. Employees shall be paid ten percent (10%) more than the base rate for each hour regularly assigned between 5:00 p.m. and 7:00 a.m. provided that the employee’s regular shift includes 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% shall be 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..

8. ACTING ASSIGNMENT PAY

152. a. An employee assigned in writing by the Appointing Officer (or designee) to perform the normal duties and responsibilities of a higher classification of a budgeted position shall be entitled to acting assignment pay, no earlier than the sixth (6th) consecutive work day of such an assignment and shall be retroactive to the first (1st) day of the assignment.

153. 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 grade that represents at least 5% above the employee's base salary and that does not exceed the maximum step of the salary grade of the class to which temporarily assigned.  Premiums based on percent of salary shall be paid at a rate which includes the acting assignment pay.

154. c. Where the above requirements are satisfied, but an employee does not receive a premium, the employee must file a grievance within thirty (30) days of the assignment.

155. d. 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.

9. SUPERVISORY DIFFERENTIAL ADJUSTMENT

156. The Human Resources Director is hereby authorized to adjust the compensation of a supervisory employee whose grade of compensation is set herein subject to the following conditions:

157. a. The supervisor, as part of the regular responsibilities of the supervisor’s class, supervises, directs, is accountable for and is in responsible charge of the work of a subordinate or subordinates or when on an intermittent and/or rotating supervisory assignment.

158. b. An employee shall be eligible for supervisory differential adjustments only if they actually supervise the technical content of subordinate work and possess education and/or experience appropriate to the technical assignment.

159. 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.

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

161. e. The compensation grade of the supervisor is less than one full step (approximately 5%) over the compensation, grade exclusive of extra pay, of 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.

162. f. The adjustment of the compensation grade of the supervisor shall be to the nearest compensation grade representing, but not exceeding, one full step (approximately 5%) over the compensation grade, exclusive of extra pay, of the employee supervised.

163. If the application of this Section adjusts the compensation grade of an employee in excess of the employee’s immediate supervisor, the pay of such immediate supervisor covered by this agreement shall be adjusted to an amount $1.00 bi weekly in excess of the base rate of the immediate supervisor’s highest paid subordinate, provided that the applicable conditions under this paragraph are also met.

164. g. The decision of the Department of Human Resources as to whether the compensation grade of a supervisory employee shall be adjusted in accordance with this section shall be final and shall not be subject to grievance.

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

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

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

168. j. It is the responsibility of the appointing officer to immediately notify the Department of Human Resources of any change in the conditions or circumstances that were and are relevant to a request for salary adjustment under this section either acted upon by or pending.

169. k. The Department of Public Works has notified the Department of Human Resources of circumstances regarding Class 7421’s (Sewer Maintenance Worker) supervision of the Sewer Repair job crews that warrant a supervisory differential of 7.5% on all hours worked while coordinating sewer repair jobs.  Individuals eligible for this supervisory differential are also entitled to receive the Field Crew Leader Premium for Class 7421 Sewer Maintenance Worker.  

10. POWER TOOL/POT WORKER/ASPHALT SCREED WORKER/CONFINED SPACE/MAIN GANG PREMIUM

170. Employees assigned to perform work with pneumatic power tools, green machines, “chippers,” or a sawmill, or who are assigned work as “pot worker,” “asphalt screed worker,” or when working in a permit-required confined space shall receive a premium of $1.50 per hour when using such tools or when working in a permit-required confined space in the performance of their duties.  Employees who are regularly assigned to utility crew trucks at the SFPUC City Distribution Division (CDD) (“Main Gang”) shall receive this premium for all hours worked performing duties in this assignment; an employee performing this assignment shall not receive the premium until the employee has worked 1040 hours actually performing the work and obtaining the specific knowledge of the tools and equipment associated with this assignment. 7514 General Laborers assigned to SFPUC Hetch Hetchy shall receive this premium for all hours worked while operating mowers.

11. AIRPORT PERIMETER MAINTENANCE PREMIUM

Laborers assigned to perform airport perimeter maintenance repair work shall be entitled to 10% of their base hourly wage for each hour actually performing said work.

12. UNDERWATER DIVING PREMIUM

171. Represented employees shall be paid $12.00 per hour more than the base hourly rate, exclusive of any additional compensation for other assignments, when assigned and actually engaged in duties and operations requiring underwater diving.  Such assignments will be for an eight (8) hour minimum.

172. The City shall provide all diving gear deemed necessary to the performance of this job assignment.

13. DISTRICT CAPTAIN PAY

173. Employees will receive an additional five (5) percent of pay when regularly assigned as a District Captain, subject to the approval of the Appointing Officer or designee. Captain assignments will be made in writing by the department.

174. For Recreation and Park Department only, effective July 1, 2012, employees currently assigned as District Captain will be assigned as Park Services Captain and will receive an additional five percent (5%) of pay when regularly assigned in writing as a Park Services Captain.

175. A District Captain or a Park Services Captain will receive an additional five percent (5%) of pay for each day when their regularly assigned supervisor is absent or when assigned in writing to evaluate, train, administer and work with City College of San Francisco, or otherwise manage jointly administered apprenticeship programs.

14. MEAL PROVISION FOR HETCH HETCHY ONLY

176. When an employee works longer than a ten (10) hour shift at a remote location, the City shall provide the employee with a meal or pay the employee the current per diem rate for the meal.

15. PUBLIC OUTREACH AND PUBLIC/EMPLOYEE SAFETY CROSS TRAINING 

177. It is understood that bargaining unit members are frequently required to address social service needs and problems as well as threats to public health and public/employee safety posed in our streets and parks.  

178. To ensure that bargaining unit members are trained adequately to safely deal directly with members of the public and to properly refer citizens to appropriate City agencies, all bargaining unit members shall be cross-trained with public outreach and public/employee safety skills including, but not limited to, information on blood-borne pathogens, threat identification (including animal threats), appropriate techniques for deescalating confrontations, and proper handling of biohazards.  

179. By January 1, 2015, DPW and SFRPD shall develop and administer this cross training program and shall certify each employee’s successful completion.  The Union may suggest additional safety related topics that should be included in this cross training and will bring Public Outreach/Public Safety to the Joint Labor Management Committee pursuant to Article I.E. Training shall be offered to all covered employees whose classification or assignment requires addressing social service needs and problems, as well as threats to public health and employee safety.  New employees will be offered this cross training within sixty (60) days of employment, and public outreach and public/employee safety cross-training for all employees who require this training will be at least every two years.

180. Bargaining unit members who successfully complete the Public Outreach/Public Safety cross training described above shall receive a 1% premium for all hours worked.  Employees shall be required to participate in regular re-training and maintain certification on an ongoing basis to continue receiving this premium.

16. FIELD CREW LEADER PREMIUM FOR CLASS 7421 SEWER MAINTENANCE WORKER

181. Employees in Class 7421 Sewer Maintenance Worker shall continue to earn a 7.5% premium for all hours worked while coordinating sewer repair jobs.

17. APPRENTICESHIP

182. The Parties represent and agree that they are currently engaged in negotiations to establish the Joint Apprenticeship Training Committee ("JATC"), which shall comprise eight total members, four selected by and representing the City, and four selected by and representing the Union. The Parties further agree that any rule, regulation, or standard enacted by the JATC pertaining to apprenticeship, and applicable to members of this unit shall be incorporated into this Agreement by reference, unless such rule, regulation, or standard conflicts with any part of this Agreement, the City's Civil Service Committee Rules, or federal, state, or local law.

183. Employees hired into classes 7514 General Laborer, 7540 Track Maintenance Worker, 3417 Gardener, 7404 Asphalt Finisher, 7502 Asphalt Worker, 3434 Arborist Technician, who can verify completion of a State-certified apprenticeship program, shall be compensated at the top step. The Mayor may name a member of the bargaining unit to coordinate and act as a liaison to programs, future apprenticeship programs, and other non-profit activities that affect communications between the City and the Union.

18. GARDENER APPRENTICESHIP SUPERVISOR – RECREATION AND PARK DEPARTMENT 

184. One full-time employee of the Recreation and Parks Department in classification 3422 Park Section Supervisor who is assigned in writing by the Appointing Officer (or designee) to the role of “Gardener Apprenticeship Supervisor” to supervise and coordinate the 3410 Apprentice Gardener Program will receive a premium equal to twenty percent (20%) of their base rate of pay for the duration of such assignment.

19. BILINGUAL PAY

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

20. JAPANESE TEA GARDEN AND BOTANICAL GARDEN PAY

186. 3417 Gardeners regularly assigned to the Japanese Tea Garden or Botanical Garden, excluding those participating in a training/onboarding program, shall earn a five percent (5%) premium.

21. CREDENTIALED RIGGER PREMIUM FOR HETCH HETCHY ONLY

187. Upon verification of status and current certification, all employees at the Hetch Hetchy Water and Power Division of the Public Utilities Commission in classifications 7514 General Laborer and 7215 General Laborer Supervisor I shall receive a premium of $1.50/hour for all hours worked while performing rigging duties.

22. HEIGHT WORK PAY

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

189. 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.

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III.F. OVERTIME COMPENSATION

190. 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 appointing officer’s designated representative or any hours suffered to be worked by an employee, exclusive of part time employees, in excess of the regular or normal work day or week shall be designated as overtime and shall be compensated at one and one half times the base hourly rate which may include a night differential if applicable; provided that 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 shall be entitled to overtime compensation as provided herein when required to work more than eight hours in a day or eighty hours per payroll period.  Overtime compensation so earned shall be computed subject to all the provisions and conditions set forth herein. Only the use of any sick leave shall be excluded from determining hours worked in excess of forty (40) hours in a week for determining eligibility for overtime payment.

191. Overtime shall be distributed on a voluntary, rotational basis, except in emergency situations.  The rotation shall begin with the most senior eligible employee in the classification within each work unit and/or work location and continue down through the seniority list until the list is exhausted at which point eligibility returns to the top of the list.  If an employee cannot be reached or if an employee declines an offer to work an overtime assignment, the rotation wheel will advance to the next employee on the seniority list. 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.

193a. For employees working an alternative schedule, 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 employee's workday as set forth in that employee's alternative work schedule. Weekly overtime shall be determined as set forth above.

192. Employees with documented poor attendance or unsatisfactory work performance shall be removed from the overtime wheel until such time as their attendance/work performance is documented as improved.  Requests to be placed back on the rotation schedule shall not be denied in an arbitrary or capricious manner.  For purposes of this section, documented means the employee has been sent a written notice describing poor attendance or unsatisfactory work performance by management.

193. There shall be no eligibility for overtime assignment only 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.

194. 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.

195. 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 of this agreement.

196. 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 over time worked, but may be granted compensatory time off at the rate of one and one half times for time worked in excess of normal work schedules.

197.  A “Z” designated employee shall not maintain a balance of more than one hundred sixty (160) hours of compensatory time. A “Z” designated employee may carry forward one hundred twenty (120) hours of earned but unused compensatory time into the next fiscal year.  

198. 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. Subject to availability of funds, covered non-Z employees, upon their request, shall be able to cash-out accumulated compensatory time off at the discretion of the Appointing Officer.  

199. Non-“Z” classified employees who are appointed to a position in another department shall have their entire compensatory time balances paid out at the rate of the underlying classification prior to appointment.

200. Non-“Z” classified employees who are appointed to a position in a higher, Non-“Z” designated classification or who are appointed to a position in a “Z” designated classification shall have their entire compensatory time balances paid out at the rate of the lower classification prior to promotion.

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III.G. HOLIDAYS AND HOLIDAY PAY

201. 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 (President's Day)
• the last Monday in May (Memorial Day)
• June 19 (Juneteenth)
• July 4 (Independence Day)
• the first Monday in September (Labor Day)
• the second Monday in October (Indigenous People’s Day, Italian 
• American Heritage Day)
• November 11 (Veteran's Day)
• Thanksgiving Day
• the day after Thanksgiving
• December 25 (Christmas Day)

202. Provided further, that if January 1, June 19, July 4, November 11 or December 25 falls on a Sunday, the Monday following shall be designated a holiday.  

203. 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 shall be designated a holiday.

1. HOLIDAY PAY FOR EMPLOYEES WHO SEPARATE

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

2. HOLIDAYS THAT FALL ON A SATURDAY

205. 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 current or next fiscal year.

3. HOLIDAY COMPENSATION FOR TIME WORKED

206. Employees required by their respective appointing officers to work on any of the above specified or substitute 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 in the amount of 12 hours pay for 8 hours worked or a proportionate amount for less than 8 hours worked.  At the employee's request and with the approval of the appointing officer, an employee may be granted compensatory time off in lieu of paid overtime pursuant to the provisions herein.

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

207. 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.

208. If the provisions of this Section deprive an employee of the same number of holidays that an employee receives who works Monday through Friday, the employee shall be granted additional days off to equal such number of holidays.  The designation of such days off shall be by mutual agreement of the employee and the appropriate supervisor with the approval of the appointing officer.  Such days off must be taken within the current or next 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.

5. HOLIDAY PAY FOR EMPLOYEES LAID OFF

209. 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.

6. EMPLOYEES NOT ELIGIBLE FOR HOLIDAY COMPENSATION 

210.    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.

7. PART TIME EMPLOYEES ELIGIBLE FOR HOLIDAYS 

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

212. Regular full time employees, are entitled to 8/80 or 1/10 time off when a holiday falls in a bi weekly pay period, therefore, part time employees, as defined in the immediately preceding paragraph, shall receive a holiday based upon the ratio of 1/10 of the total hours regularly worked in a bi weekly pay period.  Holiday time off shall be determined by calculating 1/10 of the hours worked by the part time employee in the bi weekly pay period immediately preceding the pay period in which the holiday falls.  The computation of holiday time off shall be rounded to the nearest hour.

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

8. FLOATING HOLIDAYS

214. Five (5) floating holidays in each fiscal year to be taken on days selected by the employee subject to the approval of the appointing officer.  Employees (both full time and part time) must complete six (6) months continuous service to establish initial eligibility for the floating holidays.  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 may 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.

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III.H. TIME OFF FOR VOTING

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

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III.I. SALARY GRADE PLAN AND SALARY ADJUSTMENTS

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

217. 2. Appointments may be made by an appointing officer at any step in the compensation grade upon recommendation of the Human Resource Director under the following conditions: experience, education/training, skill and/or performance.

218. a The Controller certifies that funds are available.  To be considered, requests for adjustment under the provisions of this Section must be received in the offices of the Department of Human Resources not later than the end of the fiscal year in which the appointment is made.

219. b. When the Human Resources Director approves an appointment at a step above the entrance rate, the Human Resources Director may advance to that step incumbents in the same classification who are below that step that possess the same experience, education/training, skill and/or performance.

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

3. PROMOTIVE APPOINTMENT IN A HIGHER CLASS

221. An employee who has completed six (6) months of service, and who is appointed to a position in a higher classification deemed to be promotive shall have the employee’s salary adjusted to that step in the promotive class as follows:

222. The employee shall receive a salary step in the promotive class which is closest to an adjustment of 10% above the salary received in the class from which promoted.  The proper step shall be determined in the bi-weekly compensation grade and shall not be above the maximum of the salary range of the promotive class.

223. For purpose of this Section, appointment of an employee to a position in any class with a higher salary grade shall be deemed promotive.

4. NON PROMOTIVE APPOINTMENT

224. When an employee accepts a non-promotive appointment in a classification having the same salary grade, or a lower salary grade, the appointee shall enter the new position at that salary step which is the same as that received in the prior appointment.  If the salary steps do not match, then the employee shall receive the salary step which is immediately in excess of that received in the prior appointment, provided that such salary shall not exceed the maximum of the salary grade.

5. RE-APPOINTMENT WITHIN SIX MONTHS

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

6. COMPENSATION ADJUSTMENTS

226. a. Prior Fiscal Year

When an employee promoted to a higher class during a prior fiscal     year receives a lesser salary than if promoted in the same class and from the same schedule step during the current fiscal year the employee’s salary shall be adjusted on July 1, to the rate the employee would have received had the employee been promoted in the current fiscal year.

227. The Department of Human Resources is hereby authorized to adjust the salary and anniversary increment date of any employee promoted from one class to a higher classification who would receive a lesser salary than an employee promoted at a later date to the same classification from the same salary step in the same base class from which the promotional examination was held.

228. b. Salary Increase in Next Lower Rank

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

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

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

7. COMPENSATION UPON TRANSFER OR RE-EMPLOYMENT

231. a. Transfer
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.

232. b. Reemployment in Same Class Following Layoff

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.

233. c. Reemployment in an Intermediate Class

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.

234. d. Re-employment in a Formerly Held Class            

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.J. METHODS OF CALCULATION

1. BI-WEEKLY

235. 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.

2. PER DIEM OR HOURLY

236. 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.

3. CONVERSION TO BI-WEEKLY RATES

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

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III.K. SENIORITY INCREMENTS

1. DATE INCREMENT DUE

238. Full time employees advance to each successive step upon completion of the one (1) year required continuous service. Part-time regularly scheduled employees may advance to the second step upon completion of 1,040 continuous hours of service, and to each successive step upon completion of 2,080 continuous hours of service.

2. EXCEPTIONS

239. 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.

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

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

242. (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.
    
243. (3) Advancement through the increment steps of the compensation grades may accrue and become due and payable on the next day following completion of required service provided that the above procedure for advancement to the compensation grade increment steps is modified as follows:

244. (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.

245. (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.

246. (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.

247. c. Satisfactory Performance.  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 the Appointing Officer’s intent to withhold a step increase at that time.  A copy of the notice shall be provided to the Union.  

248. 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.

249. 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.

250. 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.

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III.L. HEALTH INSURANCE

251. Any contributions the City makes under this Section 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.

252. PILOT PROGRAM: During the pendency of this pilot program, the Health Service System will have the opportunity to evaluate the effect of a higher employer contribution for the category of employee plus 2, which is the category of employee who historically has both had a higher premium and less of an employer contribution.  This pilot program shall sunset on June 30, 2022.

1. HEALTH COVERAGE EFFECTIVE JANUARY 1, 2020

253. Effective January 1, 2020, 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:  

A. City Contribution

254. 1) Employee Only:

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.

255. 2) Employee Plus One:

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.

256. 3) Employee Plus Two or More:

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-eight percent (88%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at eighty-eight percent (88%) of the Employee Plus Two or More premium of the second-highest-cost plan.

2. DENTAL COVERAGE

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

258. 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. HETCH HETCHY AND CAMP MATHER HEALTH STIPEND

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

4. BENEFITS WHILE ON UNPAID LEAVE

260. 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.

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III.M. RETIREMENT

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

262. 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.

PRE-RETIREMENT SEMINARS

263. 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.

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

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

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III.N. FAIR LABOR STANDARDS ACT

266. City agrees that it will, at a minimum, compensate in a manner and 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.O. FEDERAL MINIMUM WAGE

267. 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.P. SICK LEAVE WITH PAY LIMITATION - DISABILITY LEAVES

268. 1. 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 pursuant to Civil Service Rules.  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.

269. 2. Pursuant to Civil Service Rule 120.24, an employee returning from disability leave as defined by CSC Rule 120.24 will accrue sick leave and/or supplemental disability credits at an accelerated rate.  The application of the Civil Services Rules are under the jurisdiction of the Civil Service Commission and are not subject to the grievance procedure.

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III.Q. ADMINISTRATIVE CODE CHAPTER 2W - PAID SICK LEAVE ORDINANCE

270. San Francisco Administrative Code, Chapter 12W, Paid Sick Leave Ordinance, is expressly waived in its entirety with respect to employees covered by this Agreement except for temporary exempt-as needed employees.

271. For temporary exempt as-needed employees, San Francisco Administrative Code, Chapter 12W, Paid Sick Leave Ordinance, is expressly waived, with the exception of 12W.3 Accrual of Paid Sick Leave.  Temporary exempt as-needed employees who accrue paid sick leave pursuant to the Paid Sick Leave Ordinance must be scheduled to work in order to use paid sick leave.  Use of paid sick leave shall be consistent with the City’s Employee Handbook and with those Civil Service Rules that apply to employees not covered by San Francisco Administrative Code, Chapter 12W.

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III.R. STATE DISABILITY INSURANCE ENABLER

272. Upon proper notification from the Union, the City shall cause all employees covered by this agreement to be covered by State Disability Insurance, the cost of which coverage is to be borne by the individual employee.

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III.S. WORKERS’ COMPENSATION AND SDI SUPPLEMENTATION

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

274. Disability indemnity payments will be automatically supplemented with sick pay credits (if the employee has sick pay credits and is eligible to use them) to provide up to the employee’s normal salary unless the employee makes an alternative election as provided in this section.

275. An employee who wishes not to supplement, or who wishes to supplement with compensatory time or vacation, must submit a written request to the appointing officer or designee within seven (7) calendar days following the first date of absence.

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

277. 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.T. VOLUNTEER/PARENTAL RELEASE TIME

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

279. 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.U. LONG-TERM DISABILITY TIME

280.    The City shall provide employees with six (6) 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 (65).  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.V. EDUCATION FUND - COURSEWORK AND TRAINING

281. Budget. The City shall budget seventy-five hundred dollars ($7,500) during each year of this Agreement for the Tuition Reimbursement. Unused funds may be carried forward to the next fiscal year.

282. Eligible employees.  Any employee who regularly works at least 20 hours per week with a minimum of one (1) year of continuous service in any class immediately prior to receipt of application is eligible for tuition fund reimbursement.

283. Eligible Expenses. Until such funds are exhausted, and subject to approval by the appointing officer or appropriate designee, an employee may utilize up to a maximum of $1,200 per fiscal year for tuition, registration fees, books, professional conferences, professional association memberships, professional journal subscriptions, professional certifications, and licenses relevant to the employee's current classification. Solely at the discretion of the appointing officer or designee, such funds may be supplemented with department funds budgeted for training. All expenses must be relevant to the employee's current classification or a classification to which the employee might reasonably expect to be promoted. No reimbursement shall be made for expenses that are eligible for reimbursement under a Federal or State Veterans benefit program or from other public funds. In addition, the parties may meet to discuss alternative career development opportunities. And, consistent with broadened opportunities, qualify such programs for tuition funds.

284. Approval and Timing. An employee may submit a pre-approval request for an expense incurred in the current fiscal year or prior fiscal year. An employee cannot submit a request for reimbursement of an expense for a future fiscal year event. Reimbursements will not be paid until the employee provides proof of payment and proof of satisfactory completion. If an employee provides notice of resignation, the employee must submit the expense report and receive all online approvals before separating from the City.

APPRENTICESHIP/TRAINING

285. During the term of this agreement, a maximum of $125,000 per year will be allocated to the City/Union Apprenticeship Boards for projects related to providing classroom time, jobs and life skills training, and community outreach in connection with bargaining unit work.

286. In addition, the City agrees to fund an ombudsperson position, whose base pay shall be equal to that of a 7215 General Laborer Supervisor I, Step 5, who shall be selected by mutual agreement, and who shall perform duties to be mutually agreed upon by the parties.

287. Incorporated herein by reference is the “Side Letter Regarding Class 9916” executed by the parties on April 13, 2022. Notwithstanding the December 31, 2022, deadline set forth in the Side Letter, the Union and the City agree to continue the work of the Joint Union-City Pre-Apprenticeship Committee by collaborating on the design, development, and implementation of a city-wide, respectful, professional, physically rigorous and transparently administered program in furtherance of ApprenticeshipSF outreach, recruitment, and goal setting for the community workforce.

LABORERS’ TRAINING FUND

288. Each year, the Union shall identify twenty-five (25) members of the bargaining unit from journey-level classifications who are employed at the Department of Public Works to receive continuing education, certifications, trade-related training, and other training, classes, and courses relevant to the members' work. To facilitate this training, the City shall contribute fifty cents ($0.50) to the Laborers' Training Trust Fund for each hour actually worked by each of the twenty-five (25) members identified above.

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III.W. AIRPORT EMPLOYEE COMMUTE OPTIONS PROGRAM

289. 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. The Eco Program, including but not limited to denial of participation, change in allowance amount, or amendment or termination of the Eco Program, is not subject to the grievance procedure.

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III.X. JURY DUTY

290. 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.

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

292. 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.

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

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III.Y. LIFE INSURANCE

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

295. In accordance with Senate Bill 184 signed into law by the Governor on June 30, 2022, adding Part 4.6 of Division 2 of the California Labor Code, the City of San Francisco will provide a one-time worker retention payment as described in paragraphs 283 and 284 below, funded by the State of California and consistent with the terms and conditions set forth in the California Labor Code sections 1490, et seq.

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

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

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

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

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ARTICLE IV - WORKING CONDITIONS

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IV.A. PROTECTIVE CLOTHING

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

301. The City agrees to provide protective prescription eyewear every 24 months.

302. The City agrees to provide protective footwear (i.e. work boots) on an annual basis or as needed, not to exceed $300.  In the event of a dispute, the final determination will be made by the Department’s health and safety officer.

WORK CLOTHING

303. Upon written request by the Union, a department will meet and confer to discuss providing appropriate required work clothing to employees.

304. Employees covered by this agreement may be provided with coveralls, work pants or other protective clothing as deemed appropriate by and authorized by the Appointing Officer and subject to the availability of funds. The employee may choose to receive overalls/coveralls or work pants.  In all cases where protective clothing is provided by a department, employees shall be expected to wear such clothing during the performance of their duties.  

305. Employees who currently receive protective work clothing (including boots) from their Departments, but who are unable to suitably use the clothing provided, may request to receive a stipend for the purchase of suitable clothing in lieu of receiving clothing from the Department. The stipend shall be equal to:

• For the purchase of suitable boots: $300.
• For the purchase of suitable clothing other than boots: $300.

All stipends described in this paragraph shall be paid to the employee within six (6) pay periods of the employee’s request to the Department. All clothing purchased using these stipends must conform to standards set by the Department.

306. For unit members of the SFPUC Hetch Hetchy location only, and upon a timely written request, the SFPUC agrees to provide a cash uniform stipend of $250 in lieu of providing work clothing per fiscal year, subject to the availability of funds. Requests for a cash uniform stipend under this section must be received by HHWP Administrative Services not later than June 30th of the preceding fiscal year.  All employees herein shall be expected to report to work in clothing appropriate for the performance of their duties.

RAIN GEAR AND PROTECTIVE CLOTHING

307. Employees working in classifications covered by the terms of this Agreement shall not be required to perform their normal work duties in the rain without being provided adequate foul weather gear consisting of a hat, coat, pants and rubber overshoes.

308. Protective clothing or rain gear that is worn out or becomes unusable through the course of employment shall be replaced by the department.

309. Protective clothing or rain gear that is lost or becomes unusable through the negligence of the employee will be replaced by the employee, as follows:

310. Individual departments may, in lieu of the above provisions, and after consulting with the Union, provide for a different method of furnishing protective clothing/rain gear.

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IV.B. PROTECTIVE CLOTHING - SEWAGE TREATMENT

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

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IV.C. MEDICAL EXAM

312. In instances when covered employees are exposed to conditions hazardous to their health, an employee may request and be entitled to a medical examination (not to exceed 1 per 12 month period) to be considered as time worked.

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

1. Overview of EAP Program

313. 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.

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

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

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

317. 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:

318. Motivating employees to help;

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

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

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

322. Providing crisis intervention services;

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

324. Acting as an education and training resource.

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

326. 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.

327. 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.

328. 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:

329. (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.

330. 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.

331. (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 Director of Transportation shall provide staff support to the Committee as appropriate.

332. (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.

333. (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 Director of Transportation and the Substance Abuse Professional (SAP) or their designee for action.

334. (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 MTA may elect to combine the joint labor-management committee established here and in the Local 250A Agreement.

b. The Director of Transportation:

335. The Director of Transportation designee will manage all aspects of the Substance Abuse Program. The designee 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

336. 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 Director of Transportation 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 MTA and TWU Local 250A.

4. The Peer Assistance System

337. 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 MTA 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.

a. Qualifications:

338. (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

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

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

341. (4) Who agrees to participate in prescribed training.

342. (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.

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

b. Duties:

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

345. (2) Maintain strict confidentiality.

346. (3) Identify the nature of the problem.

347. (4) Discuss confidentiality of program with employees.

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

349. (6) Discuss the options of available resources.

350. (7) Refer the employee to the EAP.

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

352. (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.
353. (10) Staff the night, weekend and holiday crisis hotline     (pager).

c. Staffing:

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

d. Volunteer Peer Assistants:

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

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

357. (3) They shall participate in designated training.

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

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

e. Functions:

360. The Joint Labor/Management Committee shall develop the procedures for the Peer Assistance System after consultation with the SAP and/or Director of Transportation or designee.

f. Civil Service Commission Approval:

361. 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

362. a. Employees who have a drug and/or alcohol abuse problem and have not been selected for drug and/or alcohol testing can voluntarily refer themselves 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.

363. b. 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.

6. Non-Paid Status During Treatment After Positive Test

364. 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

365. 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.

366. 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 Director of Transportation 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

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

9. Funding

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

10. Special Provisions

369. Any proposed discipline resulting from the FTA Drug and alcohol testing program shall be in accordance with this agreement.  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 Director of Transportation 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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IV.E. SUBSTANCE ABUSE TESTING PROGRAM AND PREVENTION POLICY

370. Attached hereto as Appendix B, is the City's current Substance Abuse Prevention Policy; this policy shall remain in effect until the City implements the Substance Abuse Prevention Policy set forth in Appendix C.  Appendix C will be implemented, upon notice to the Union, after acquisition of a vendor to provide oral fluid testing.

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IV.F. DIRECT DEPOSIT OF PAYMENTS

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

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

373. 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.

374. Under the policy, all employees (regardless of start date) will have two options for receiving pay: direct deposit or pay card.  Employees not signing up for either option will be defaulted into pay cards.    

375. 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 pay card option, or vice versa;
3. Obtain a new pay card the first time the employee’s pay card is lost, stolen or misplaced;

376. The City assures that the 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 pay card.

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

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IV.G. HEALTH AND SAFETY

378. It is agreed that the delivery of municipal services in a safe, 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. When an employee believes that a work assignment constitutes an imminent health or safety threat, the employee shall immediately notify their supervisor. If the employee is not satisfied with supervisor's response they may contact their department's in-house safety officer. The in-house safety officer shall promptly investigate the complaint. While the employee is awaiting the arrival of the in-house safety officer, and until the officer has made a determination of the safety complaint, the employee shall be directed to another assignment. Disputes regarding the administration of this provision shall be subject to the grievance procedure.

379. The City shall post in all areas where notices are regularly posted and update as necessary, but no less than quarterly, via e-mail if the safety officer has changed and how the safety officer may be reached.

Restrooms

380. The City shall continue to provide restroom access to all employees. The Department of Public Works ("DPW") will post notice, in areas easily accessible to employees during work hours, the location of rest rooms.

381. DPW will work with the Union to ensure that portable toilets, including soap and running water, will be available to its employees. If such facilities cannot be reasonably provided, DPW commits to making alternative accommodations.

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IV.H. EQUITY

382. Within ninety (90) days of the implementation of this agreement, the City will provide an email addresses, passwords and training on access to email to all unit employees.

383. The City will make best efforts to allow employees access to City computers.

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ARTICLE V - SCOPE

384. The parties recognize that recodifications may have rendered the references to specific Civil Service Rules and Charter sections contained herein incorrect.  Therefore, the parties agree that such terms will be read as if they accurately referenced the same sections in their newly codified form as of July 1, 2012.

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V.A. ZIPPER CLAUSE

385. Except as may be amended through the procedure provided herein, 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.

386. All current side letters between the City and Local 261 will expire on June 30, 2024, with the exception of the five (5) attached side letters, as modified:

• Side letter Agreement to the Laborers’ MOU Regarding Apprentice Orientation for SFPRD
• Side letter Regarding Mutual Assignment Trades SFPRD
• Side letter Regarding Class 9916
• Side letter Regarding Volunteerism
• Side letter Regarding Hiring Hall

387. The following side letter is also attached to this Agreement:

• Side letter Regarding Apprenticeship Meeting

PAST PRACTICE

388. Any 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

389. 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. Such Civil Service Rules and Administrative Code provisions shall be appended by reference to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors.  

390. 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 by reference to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement.

391. 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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V.B. SAVINGS CLAUSE

392. 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 that meets with the precepts of the law.

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V.C. DURATION OF AGREEMENT

393. This Agreement shall be effective July 1, 2024, and shall remain in full force and effect through June 30, 2027.

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

FOR THE CITY

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

FOR THE UNION

• Ramon Hernandez, Business Manager, LiUNA!, Local 261
• Vincent James Courtney, Assistant to the Business Manager, Northern California District Council of Laborers

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

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

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APPENDIX A

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AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN FRANCISCO AND LABORERS, LOCAL 261

PAST PRACTICES

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

Start Time
Voluntary early starts are subject to management approval.

Overtime
Overtime shall be offered on a rotating basis.  Each department shall provide its overtime records to the Union upon request.

Parking
Parking provided at no cost, as available.

Tools
Tools supplied by the City which are necessary to perform assigned duties.

Safety Meetings
Safety meetings shall be held in accordance with State CAL-OSHA requirements.

License Renewal
Time off shall be granted to members to renew special licenses (excluding driver’s license) when required by the City.

Vacation Sign-Ups
Sign –ups for vacations are established by individual work site, bureau, division, and section.

Seniority for vacation shall be by individual work site, bureau, and section.

Uniforms
Represented employees are not required to wear uniforms except where currently required to do so.  The Department of Public Works and the Recreation and Park Department will provide volunteers and alternate program participants with attire distinct from any attire provided to bargaining unit members. The Port will provide employees with Port-labeled shirts, including laundering.

Clean-up
Appropriate clean-up time before unpaid meal breaks and at the end of the work day shall be provided.

Appropriate clean-up time for appropriate personnel shall be provided after spraying, as determined necessary upon consultation with the employee’s supervisor.

Lockers
Lockers are available as provided by each department.

Use of City Vehicle
Employees may take City vehicles home when assigned by their supervisor.  Use of City vehicles must confirm to the City’s Vehicle Use Policy.

Staffing Level
Departments using Class 7501 Environmental Service Worker shall maintain the level of Class 7514 Laborer and Class 3417 Gardener staffing as existed at the start of the program and this level shall be maintained throughout the use of Class 7501 Environmental Service Worker.

Departments shall provide thirty (30) days’ notice to the Union prior to discontinuing the use of Class 7501 Environmental Service Worker.

Provisions Which Apply to Department of Public Works Only
The Department of Public Works (DPW) will continue the current annual bid system, which shall involve shift bidding for employees in the following classifications: 3417 Gardener, 3422 Park Section Supervisor, 3434 Arborist Technician, 3436 Arborist Technician Supervisor I, 7215 General Laborer Supervisor I, 7514 General Laborer, 7404 Asphalt Finisher, 7220 Asphalt Finisher Supervisor I, 7282 Street Repair Supervisor II, and 7502 Asphalt Worker. However, in recognition of the Department’s need for flexibility in relation to operational need, the Department will meet and confer with the Union regarding proposed modification to the bid system. Shift bidding shall commence the first (1st) week of December each year, and all selected shifts shall be implemented on the week of the first full pay period of January of each year.

At least once per quarter, DPW and the Union shall convene a joint labor-management committee to discuss issues relevant to class 7281 Street Environmental Services Operations Supervisor. The committee shall consist of one individual selected by DPW, one individual selected by the Union, and all DPW employees in class 7281.

Beginning no later than June 2024, DPW shall implement a pilot program for an annual shift bidding for 7281 Street Environment Services Operations Supervisors, and shall continue the pilot until June 30, 2027, at which time DPW will evaluate the pilot program to determine whether the program will be made permanent. The duration of all such assignments shall be at DPW's discretion.

The City and the Union will continue the current recognitions/Awards.

Provisions Which Apply to the Port and the San Francisco Airport Only

Representatives of the Airport agree to meet and discuss with the Union for the purposes of designing and administering a “shift bid” at the San Francisco International Airport for bargaining unit members no later than September 1, 2024, so that a new shift bid may take effect no later than January 1, 2025.

Representatives of the Port and the Airport agree to meet and confer with the Union between September and December 2022 regarding the implementation of an annual seniority bid system for employees in class 7514 General Laborer.

Provisions Which Apply to the Municipal Transportation Agency Only

Representatives of the Municipal Transportation Agency (MTA) agree to meet and confer with the Union between September and December 2022 regarding the implementation of an annual seniority bid system for employees in class 7540 Track Maintenance Worker who are stationed at the MTA Cable Car Division only.

The MTA will continue all other current annual bid systems; however, in recognition of the MTA's need for flexibility in operations, the MTA will meet and confer with the Union between September and December 2022 regarding proposed modification to the bid systems.

Provisions Which Apply to PUC Department Only

Housing at Moccasin shall be administered in accordance with the policies established by the Public Utilities Commission.  

Short-term assignments to a different work location are made with transportation provided by PUC.  

Workers assigned to work out of Early Intake bunkhouse will be provided meals and lodging when the bunkhouse is open.

Provisions Which Apply to Recreation and Parks Department Only

The Recreation and Park Department will continue the current annual bid systems; however, in recognition of the Department’s need for flexibility in relation to operational need, which includes the evaluation of an employee’s skills and performance in making assignments, the Department will meet and confer with the Union beginning September 1, 2022, regarding proposed modification to the bid systems. In the event that the Department and the Union are unable to reach an agreement before November 15, 2022, the parties shall submit the matter to mediation and binding arbitration with Arbitrator Joel Schaffer. All mediation, arbitration, and court reporter costs shall be split equally between the parties.

Class 3422 Park Section Supervisors at the Department will schedule a quarterly joint labor management committee meeting.

The current annual shift bid shall continue subject to the “Joint Labor/Management” Bid Committee’s oversight, decision making,” and formal meet and confer process only when necessary.

The City and the Union will continue the current recognitions/Awards.

Camp Mather

There shall be sign-up sheets to work at Camp Mather.

Room and board while at Camp Mather provided per Annual Salary Ordinance.

All employees assigned to work at Camp Mather shall be paid travel time to and from Camp Mather.

Management may approve apprenticeship activities at Camp Mather.

Overtime at Camp Mather will be administered in accordance with the Camp Mather Rules cited below:

• Based on Gardener’s departmental seniority;
• Sign-ups will be March of each year;
• Must receive Supervisor’s approval to go;
• An individual gardener may attend once and restricted until sign-up list has been cycled     through;
• Periods will be designated based on operational need. 
• Gardeners shall sign up for either Spring or Fall;
• Gardeners may be required to work every day while at Camp Mather, must be willing to work 12 days, eight hour days; if assigned, weekend work shall be compensated according to the MOU.
• Notice of Invitation will be three (3) working weeks before date of assignment.
• Gardeners will be required to work regardless of weather conditions.
• One person per section/complex will be allowed to go by department, seniority and season.

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APPENDIX B

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SUBSTANCE ABUSE PREVENTION POLICY

The below Appendix B shall remain in effect until the City has met the conditions outlined in Article IV.E.

1. MISSION STATEMENT

a. Employees are the most valuable resource to the City’s effective and efficient delivery of services to the public.  The parties have a commitment to foster and maintain a drug and alcohol free environment.  The parties also have a mutual interest in preventing accidents and injuries on jobsites and, by doing so, protecting the health and safety of employees, co-workers, and the public.  The City and Union agree that this Policy shall be administered in a non-discriminatory manner.

b. The City wants a safe and healthy workforce and sees drug and/or alcohol addictions as treatable diseases.  

c. 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.

d. The City is committed to fostering and maintaining a safe work environment free from alcohol and prohibited drugs at all of its work sites and facilities.

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.  Further, no employee shall use alcohol or illegal drugs while the employee is on paid status.

b. Any employee, regardless of how the employee’s position is funded, who has been convicted of any drug-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.

3. DEFINITIONS

a. “Accident” means an occurrence associated with: (a) the operation of a vehicle (including, but not limited to, green machines, and any City owned vehicle or vehicles used during the course of the employee’s work day), power tools, or vessel; or (b) on equipment that is utilized to change the elevation of the employee.

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

c. "Agreement” or “Policy” means “Substance Abuse Prevention Policy” between the City and County of San Francisco and the Union contained in this Appendix B.

d. “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.)

e. “Cancelled Test” means a drug or alcohol test that has a problem identified that cannot be or has not been corrected.  A cancelled test is neither a positive nor a negative test.

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

g. “Covered Employee” means an employee in a represented classification covered by this Agreement.

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. “Dilute Specimen” means a specimen with creatinine and specific gravity values that are lower than expected for human urine or oral fluid.

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

m. “Illegal Drugs” or “drugs” refer to those drugs listed in section 5.a, except in those circumstances where they are prescribed by a duly licensed healthcare provider.  Section 8 lists the illegal drugs and alcohol and the threshold levels for which a covered or prospective 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 thresholds where required, in effect at the time of testing. Section 8 will be updated periodically to reflect the SAMHSA or the U.S. Government threshold changes, subject to mutual agreement of the parties.

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

o. “MRO” means Medical Review Officer

p. “Non-Negative Test” means a test result found to be adulterated, substituted, invalid, or positive for drug/drug metabolites.

q. “Parties” means the City and County of San Francisco and the signatory unions to this Agreement.

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

s. “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.

t. “Refusing to Submit or Test” means a refusal to take a drug and/or alcohol test.

u. “Safety-Sensitive Function” means the operation of a vehicle (including, but not limited to, green machines, and any City owned vehicle or vehicles used during the course of the employee’s work day), power tools, vessel, device(s), mechanism(s), or equipment that is utilized to change the elevation of the employee.

v. “Substance Abuse Prevention Coordinator” 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 alcohol-related disorders.

w. “Split Specimen” means a part of the urine specimen or oral fluid in drug testing that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory 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 test result.

x. “Substituted, Adulterated or Diluted Specimen” means a specimen submitted by a covered or prospective employee for which an approved testing laboratory reports the existence of an adulterant, interfering substance and/or masking agent or the sample is identified as a substituted specimen (as such terms are as defined in the DOT regulations, 49 C.F.R. Part 40), which shall be deemed a violation of this policy and shall be processed as if the test results were positive.

4. COVERED CLASSIFICATIONS/DEPARTMENTS

a. Covered Classifications.  All classifications listed in Article I.A of this Memorandum of Understanding shall be covered by this Policy.  The parties may add or delete classifications by mutual agreement.

5. SUBSTANCES TO BE TESTED

a. The City shall test, at its own expense, for alcohol and/or the following controlled substances for Pre-Employment, Reasonable Cause/Suspicion and Post-Accident:

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

b. The City also recognizes that covered employees may at times have to ingest prescribed drugs or medications.  If an employee takes any drug or medication known to have potential side effects that may interfere with job performance, the employee is required to immediately notify the designated Department representative of those side effects before performing the employee’s job functions.

c. Upon receipt of a signed release from the employee’s licensed healthcare provider, the department representative may consult with 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 as to 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.

d. If an employee is temporarily unable to perform safety sensitive functions because of any potential side effects caused by prescribed medication, the employee shall be reassigned to perform non-safety sensitive functions without loss of pay until either the employee is off the prescribed medication or is cleared by a licensed healthcare provider.  This 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 not cleared by a licensed healthcare provider to perform safety sensitive functions, the City may extend this accommodation for a period not to exceed thirty (30) working days, provided that the healthcare provider certifies that the employee is anticipated to be able to resume safety sensitive functions after that thirty (30) day period.  Employees required to submit to testing shall immediately identify all prescribed medication(s) that they have taken.

e. The City reserves the right to test, at its own expense, for over-use, misuse or abuse of prescribed and over-the-counter drug or medication which had a direct job-related impact or played a role in an accident, pursuant to the testing procedures described below.

6. TESTING

A. Reasonable Cause/Suspicion

a. Reasonable cause to test an employee for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol.  Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any City jobsite, while on City business or in City facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.

b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs.  Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing.  The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if necessary, recommend testing to the second employer representative.  At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested.  At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the first employer representative has the final authority to require the employee to be tested.

c. If the City requires an employee under reasonable cause or 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 may allow a reasonable amount (a maximum of one hour) of time for the employee to obtain representation.  Such request shall not delay the administration of the tests, however.

Moreover, if the City has reason to believe or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.

The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing.  If an employee refuses to be tested, then the City shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.  

The City shall bear the costs for any required testing for alcohol and/or drugs under this     section.  Any counseling and rehabilitation services shall be on the employee’s time and at the     employee’s cost, except that employees may use accrued paid time off to attend treatment and     may utilize any resources covered by insurance.  Employees shall have the right to use any     accrued but unused leave balances while enrolled in any counseling or rehabilitation program.      Any request by an employee to re-test a specimen shall be at the employee’s cost.

B. Post-Accident

o The City may require a covered employee who was involved in an event meets any of the following criteria to submit to drug and/or alcohol testing:

1. Fatality;
    
2. Employee involved in an on duty vehicular accident resulting in death and/or injury requiring transport for medical treatment;
    
3. Disabling damage to vehicles;
    
4. Damage to machinery, moving parts, or other non-vehicular equipment or structures in excess of $1,000.00 and
    
5. When reasonable cause/suspicion exists.

o Following an accident, all covered employees subject to testing shall remain readily available for testing.  An employee may be deemed to have refused to submit to substance abuse testing if the employee fails to remain readily available, including notifying a supervisor (or designee) of the accident location or if (s)he leaves the scene of the accident prior to submitting for testing.  

o 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.

7. TESTING PROCEDURES

A. Laboratory

a. The testing shall be done at a certified laboratory in California.  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 alcohol and drugs identified in this policy. The City shall bear the cost of all required testing.

b. Testing procedures, including substances to be tested, specimen collection, chain of custody and threshold and confirmation test levels shall comport with the Mandatory Guidelines For Federal Workplace Testing Programs, established by the U.S. Department of Health and Human Services, as amended and the Federal Motor Carrier Safety Act regulations, where applicable.  Drug tests shall be conducted by laboratories licensed and approved by SAMHSA, which comply with the American Occupational Medical Association (AOMA) ethical standards.   Tests for all controlled substances, except alcohol and THC (cannabis), shall be by urine screening and shall consist of two procedures, a screen test (EMIT or equivalent) and if that is positive, a confirmation test (GC/MS).  THC (cannabis) is treated as a controlled substance and will be tested through an FDA-approved oral fluid (saliva) testing collection device at a screening level of 25 ng/ml and a confirmation level of 10 ng/ml (LC/MS).  Alcohol tests shall be by breathalyzer.  

c. Covered or prospective employees presenting themselves at a Substance Abuse Prevention Coordinator-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 (s)he has fully completed all collection procedures.  Failure to follow all collection procedures will result in the employee classified as “refusing to test.”  

d. Covered employees, who refuse to test, may be subject to disciplinary action, up to and including termination, pursuant to the attached discipline matrix.

e. The specific required procedure is as follows:

(1.) Urine will be obtained directly in a tamper-resistant urine bottle.  Alternatively, the urine specimen may be collected at the employee’s option in a wide-mouthed clinic specimen container that must remain in full view of the employee until transferred to, sealed and initialed, in separate tamper-resistant urine bottles.

(2.) Immediately after the specimen is collected, it will be divided into two (2) urine bottles, which, in the presence of the employee, will be labeled and then initialed by the employee and witness.  If the sample must be collected at a site other than the drug and/or alcohol-testing laboratory, the specimens must then be placed in a transportation container.  The container shall be sealed in the employee’s presence and the employee must be asked to initial or sign the container.  The container will be sent to the designated testing laboratory on that day or the earliest business day by the fastest available method.

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

f. The initial test of all urine specimens will utilize immunoassay techniques.  All specimens identified as positive in the initial screen must be confirmed utilizing gas chromatography/mass spectrometry (GC/MS) technique that identifies at least three (3) ions.  In order 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 GC/MS confirmatory test.

g. All positive drug, positive alcohol or substitute, adulterated or diluted specimens as defined herein must be reported to a Medical Review Officer (MRO).  The MRO shall review the test results and any disclosure made by the covered or prospective 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.  The MRO shall make good faith efforts to contact the individual, but failing to make contact within two (2) working days, may deem the individual’s result a “lab positive.”  After the issuance of a “lab positive,” the covered employee may be placed on paid administrative leave pursuant to Administrative Code section 16.17, and will be barred from returning to work until (s)he makes a contact with the MRO and the MRO sends the Substance Abuse Prevention Coordinator a written confirmation of a negative result.  New prospective employees, who receive a “lab positive” during a pre-employment test, shall be ineligible for any future City employment for six (6) months from the date of the positive test result unless the rules of the Civil Service Commission deem otherwise.  

h. If the testing procedures confirm a positive result, as described above, the covered or prospective employee and the Substance Abuse Coordinator for the City and departmental HR staff or designee will be notified of the results in writing by the MRO, including the specific quantities.  In the event the City proposes disciplinary action, the notice of the proposed discipline shall contain copies of all laboratory reports, forensic opinions, laboratory worksheets, procedure sheets, acceptance criteria and laboratory procedures.

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

j. If the final test is confirmed negative, then the Employee shall be made whole, including, if any, the cost of the actual laboratory re-testing, provided that proper documentation is submitted to the City in a timely fashion.

k. The Substance Abuse Prevention Coordinator 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.

l. All information from a covered or prospective employee’s drug and/or alcohol test is confidential for purposes other than determining whether this policy has been violated.  Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the covered or prospective employee or as required by law.  The results of a positive drug test shall not be released until the results are confirmed.

B. On-Site

a. The parties agree that for post-accident purposes, the City may conduct “on-site” tests (alcohol breathalyzer testing, “Quicktest” urine testing, and oral fluid testing for THC) and only if any of those tests is “non-negative” will a confirmation test be performed.  This on-site test is to enable the covered employee and the City to know immediately whether that employee has been cleared for work.

b. In order to facilitate the on-site urine testing, the parties agree that an individual’s sample will be divided into three separate containers.  One of the containers will provide a sample for the on-site test that will be read within 5 to 10 minutes of collection. The other two containers will be sealed and sent to the lab, in the event a confirmation is necessary due to a “non-negative” outcome of an on-site test.  The laboratory will store the split sample in accordance with SAMHSA guidelines.  One of the two samples will be used for a confirmation test and the other will be made available to the employee for testing by a certified laboratory selected by the employee at the employee’s expense.

8. RESULTS

a. Any test revealing (i) a blood/alcohol level equal to or greater than 0.08 percent (or the established California State standard for non-commercial motor vehicle operations), or when operating a moving vehicle or performing a safety sensitive function as defined in this policy; or (ii) any test revealing a blood/alcohol level equal to or greater than that 0.04 percent (or the established California State standard for commercial motor vehicle operations) when operating a commercial vehicle, shall be deemed positive.  

b. Substance Abuse Prevention and Detection Threshold Levels

9. CONSEQUENCES OF POSITIVE TEST RESULTS

a. For reasonable cause/suspicion or post-accident, a covered employee shall be immediately removed from performing the safety-sensitive functions and shall be subject to disciplinary action if any of the following takes place:

The covered employee:

1. Is confirmed to have tested positive for alcohol or drugs; 
2. Refuses to be tested; or 
3. Has submitted a specimen for which an approved testing laboratory reports the existence of an “adulterant”, interfering substance, masking agent or the sample is identified as a substituted specimen (as defined herein).

b. If the Union disagrees with the proposed disciplinary action, it may utilize the grievance procedure as set forth in the parties’ Memorandum of Understanding, provided, however, that such an appeal must be initiated at the Employee Relations Director step, unless the parties otherwise mutually agree.

c. All proposed disciplinary actions resulting from Consequences of Positive Drug/Alcohol Test(s) shall be administered pursuant to the disciplinary matrix contained herein.

10. RETURN TO DUTY

The Substance Abuse Prevention Coordinator will evaluate a covered employee who has tested positive.  The Coordinator will evaluate what course of action, if any, and what assistance the employee needs, if any, and will communicate a return-to-work plan, if necessary, to the employee and department.

11. TRAINING

As soon as practicable but no later than thirty (30) days prior to the effective date of this policy, the City or its designated vendor shall provide training on this policy from first-line, working supervisors to the Deputy Director level.  In addition, all covered employees shall be advised of this policy and receive appropriate training.

12. ADOPTION PERIOD

This Policy shall go into effect six months following the final adoption of this agreement by the parties.

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 2 members each from the City and the Union.  The Committee shall meet at a minimum on a quarterly basis and, in addition, on an as-needed basis to address any implementation and other matters of mutual interests concerning this policy.  The Committee may also discuss adding or deleting covered classification from this policy.  The Director of Human Resources shall make a final decision based on the recommendations from the Committee.

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 or portion of this policy will not  invalidate the remaining parts or portions.  In the event of such determination, the parties agree to immediately meet and negotiate new provision(s) in conformity with the requirements of the applicable law and the intent of the parties hereto. Otherwise, this policy may be modified by mutual consent of the parties.  Such amendment(s) shall be reduced to writing.

Pending results of test, an employee may be removed from duty with pay or assigned non-safety sensitive functions without loss of pay. 

Any employee who is subsequently determined to be the subject of a false positive or in the event a department deems the mitigating record may have been altered shall be made whole for any lost wages and benefits and shall have their record expunged. The record of the positive result shall be placed in a sealed envelope and shall not be considered in subsequent disciplinary proceedings.

If the Union disagrees with the proposed disciplinary action, it may utilize the grievance procedure as set forth in the collective bargaining agreement, provided, however, that such an appeal must be initiated at the Employee Relations Director step, unless the parties otherwise mutually agree.

1. No Split Sample will be made available for re-test. 
2. Employee may use accrued but unused leave balances to attend rehabilitation program.
3. Employee may not return to work until SAPC certifies that the employee has completed recommended rehabilitation program and has a negative test prior to returning to full duty.
4. Proposed disciplinary action for a first positive test or Refusal to Test to be no more than 15 working days, except in cases resulting in death or serious bodily injury discipline shall include termination of employment. Proposed disciplinary action for Alteration of Specimen shall be termination of employment.
5. Proposed disciplinary action for Reasonable Cause and Suspicion for a first positive test to be no more than 15 working days except in cases resulting in death or serious bodily injury discipline shall include termination of employment. A second positive test within three years may result in more severe proposed disciplinary action, up to and including termination of employment.

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APPENDIX C

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SUBSTANCE ABUSE PREVENTION POLICY – ORAL FLUIDS TESTING

Pursuant to MOU Article IV.E., the below Appendix C will be implemented after acquisition of a vendor to provide oral fluid testing.  However, Appendix B shall remain in effect until the City has met the conditions outlined in Article IV.E

1. MISSION STATEMENT

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

f. The City affirms its 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.

g. 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.

2. POLICY

c. To ensure the safety of the City’s employees, co-workers and the public, no employee may sell, purchase, transfer or 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.  City employees whose job duties require them to handle alcohol or Illegal Drugs shall not be in violation of this Policy for carrying out such job duties.

d. 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.

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:

a. 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

b. 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

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

d. 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 any miscellaneous employee employed by the City and County of San Francisco with the exception of: (a) employees of the SFMTA; and (b) employees in a non-MTA department currently subject to a departmental substance abuse testing program, as further described in section 4 below.

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; tools; heavy machinery or equipment; underwater equipment; equipment that is used to change the elevation of the Covered Employee more than five (5) feet; any other device(s) or mechanism(s) the use of which may constitute a comparable danger to the employee or others; firearms when a firearm is required, and approved by the Appointing Officer, to be carried and used by the Covered Employee; banding tools; band-it; power tools; bucket truck; or equipment that is used to change the elevation of the Covered Employee more than five (5) feet.  

n. “Illegal Drugs” refer to those drugs listed in Section 5.fa.  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. “Policy” means “Substance Abuse Prevention Policy” or “Agreement” attached to the parties’ Memorandum of Understanding (“MOU”).

t. “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.

u. “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 fluidspecimen.
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.

v. “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.

w. “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.

x. “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.

4. COVERED CLASSIFICATIONS

All classifications listed in Article I.A of this Memorandum of Understanding shall be subject to post-accident 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.

5. SUBSTANCES TO BE TESTED

f. 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)

g. 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.

a. 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.

b. 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.

6. TESTING

I. Reasonable Suspicion Testing

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

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

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

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

II. Post-Accident Testing

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

b. Following an Accident, all Covered Employees subject to testing shall remain readily available for testing.  A Covered Employee may be deemed to have refused to submit to substance abuse testing if 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.

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.) Covered Employees presenting themselves 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 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.

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.

9. CONSEQUENCES OF POSITIVE TEST RESULTS

For post-Accident or reasonable suspicion, Covered Employees shall be immediately removed from performing their 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:

4. Is confirmed to have tested positive for alcohol or drugs; 
5. Refuses to Submit to testing; or 
6. 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 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.

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.

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.  

12. LABOR-MANAGEMENT MEETING

To ensure the success of this Policy, the City shall meet with any union covered by this policy that seeks to meet to address any implementation issues regarding this policy, as follows:  between June 1st and June 30th, any Union, covered under this Policy, may request to meet, and said meeting shall be scheduled to occur by July 31st.

13. ADOPTION PERIOD

This Policy shall go into effect on July 1, 2014, or as soon as practicable. (See MOU Article IV.E.)

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EXHIBIT A

CONSEQUENCES OF A POSITIVE TEST/OCCURRENCE

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

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EXHIBIT B

REASONABLE SUSPICION REPORT FORM

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

~Please print information~

Employee Name:        

Department:         

Division and Work Location:

Date and Time of Occurrence:

Incident Location:        

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

Smells of Alcohol

Smells of Marijuana

Observed Consuming/Ingesting Alcohol or Drugs at work.
 

Section II

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

1. SPEECH:

• Incoherent/Confused
• Slurred

2. BALANCE:

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

3. AWARENESS:

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

4. APPEARANCE:

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

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Section III – NARRATIVE DESCRIPTION

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

~Please print information~

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

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Section IV

In addition to completing the narrative in Section III above:

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

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

Print name of first on-site Supervisor Employee Representative         

Signature         DATE:

Print name of second Supervisor Employer Representative

Signature         DATE:

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APPENDIX D

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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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SIDE LETTER REGARDING CLASS 9916

Refer to Laborers International Union, Local 261 (2024-2027) document.

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SIDE LETTER REGARDING MUTUAL ASSIGNMENT TRADES SFRPD

Refer to Laborers International Union, Local 261 (2024-2027) document.

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SIDE LETTER AGREEMENT TO THE LABORERS’ MOU REGARDING APPRENTICE ORIENTATION FOR SFRPD

Refer to Laborers International Union, Local 261 (2024-2027) document.

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SIDE LETTER REGARDING APPRENTICESHIP MEETING

Refer to Laborers International Union, Local 261 (2024-2027) document.

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SIDE LETTER ON VOLUNTEERISM AND COST SAVINGS

In the event of a need for cost savings related to workdays, the City agrees to prioritize volunteers for alternative work schedules over any mandate in order to achieve such goals.

To facilitate this volunteerism strategy, within ninety (90) days of the ratification of the 2024-27 MOU, the Union and DHR will jointly prepare a request to the Civil Service Commission to amend CSC Rule 120.30.2 - Voluntary Unpaid Time Off.

The objective of the amendment request will be to lift the current annual cap on voluntary unpaid time off to help achieve cost savings by allowing employees to request up to fifty-two (52) days per year, thus allowing employees to use this rule to accomplish the Parties’ volunteerism objective described above.  

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SIDE LETTER ON HIRING HALL

The Union and the City 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 Director of Human Resources.

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. 
The City’s decision to accept or reject the recommendations of the working group is not subject to the grievance procedures of this Agreement.

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PEC WAGE AGREEMENT

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Final Mediator's Proposal Dated March 22, 2024 for the County & City of San Francisco and the PEC

If Rejected, Parties Revert to Their Pre-Mediation Positions

• Effective July 1, 2024, represented employees shall receive a 1.5% wage increase. 
• Effective January 4, 2025, represented employees shall receive a 1.5% wage increase.
• Effective June 30, 2025 at close of business, represented employees shall receive a 1% wage increase.
• Effective July 1, 2025, represented employees shall receive a 1% wage increase. 
• Effective January 3, 2026, represented employees shall receive a 1.5% wage increase.
• Effective June 30, 2026 at close of business, represented employees shall receive a 2% wage increase.
• Effective January 2, 2027, represented employees shall receive a 2% wage increase.
• Effective June 30, 2027 at close of business, represented employees shall receive a 2.5% wage increase.
• Effective July 1, 2024, represented employees shall earn no less than $25.00 an hour.
• Because of the wage structure of this proposal, no wage deferrals/offramps will be utilized. 

This proposal is to be included as an appendix to the MOUs.

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