Operating Engineers, Local 3 (July 1, 2024 to June 30, 2027)

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ARTICLE I - REPRESENTATION

1. This Collective Bargaining Agreement (hereinafter "Agreement") is entered by the City and County of San Francisco (hereinafter "City") acting through its designated representatives and the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers AFL-CIO (hereinafter "Union").

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

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I.A. RECOGNITION

3. 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 classes: 
        
Unit 1

7108 Heavy Equipment Operations Assistant Supervisor
7110 Mobile Equipment Assistant Supervisor
7208 Heavy Equipment Operations Supervisor
7210 Mobile Equipment Supervisor
7221 Asphalt Plant Supervisor I
7328 Operating Engineer, Universal
7370 Rigger
7424 Dryer-Mixer Operator
9331 Piledriver Engine Operator

4. Recognition shall only be extended to individual classes accreted to existing bargaining units covered by this Agreement. Application of this provision shall not extend to new bargaining units, added by affiliations or service agreements.  Upon request of the Union, the City will meet and confer concerning proposed changes to bargaining units.

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I.B. INTENT

5. It is the intent of the parties’ signatory hereto that the provisions of this Agreement shall not become binding until formally adopted by the Board of Supervisors in accordance with procedures, terms and provisions of the Charter applicable thereto.  The provisions of this Agreement shall not become binding until ratified by the Union.  Moreover, it is the intent of the Mayor acting on behalf of the City to bind the City and its departments with respect to the wages, hours and other terms and conditions of employment herein.

6.    Each existing ordinance, resolution, rule or regulation over which the Mayor has jurisdiction pursuant to provisions of the San Francisco Charter, and which is specifically changed or modified by the terms of this Agreement, shall be deemed incorporated in this Agreement in its changed or modified form from the effective date of this Agreement to and including the date of expiration thereof.

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I.C. NO STRIKE PROVISION

7. The Union and each member of the bargaining unit covenant and agree not to initiate, engage in, cause, instigate, encourage or condone a strike, work stoppage, or slowdown.  The Union and each member of the bargaining unit covenant and agree not to engage in any form of sympathy strike including, but not limited to, observing or honoring the picket line of any other union.  The City agrees during the term of this agreement not to conduct a lockout against any of the employees covered by this Agreement.

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I.D. MANAGEMENT RIGHTS

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

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

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I.E. GRIEVANCE PROCEDURES

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

11. 2. A grievance is defined as an allegation by an employee, a group of employees or the Union that the City has violated, misapplied or misinterpreted a term or condition of employment provided in this Agreement, or divisional departmental or City rules, policies or procedures subject to the scope of bargaining.

A grievance does not include the following:

12. a. All civil service rules excluded pursuant to Charter Section A8.409.

13. b. Performance evaluations, provided, however, that employees shall be entitled to submit written rebuttals to unfavorable performance evaluations.  Said rebuttal shall be attached to the performance evaluation and placed in the employee's official personnel file.

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

15.  In the event that one or more unfavorable performance evaluations are used as evidence in disciplinary proceedings against the employee, such evaluations shall be subject to the grievance procedure.

16. c. Written reprimands, provided however, that employees shall be entitled to append a written rebuttal to any written reprimand.  The appended rebuttal shall be included in the employee's official personnel file.  Employees are required to submit written rebuttals within thirty (30) calendar days from the date of the reprimand.

17. 3. Time Limits - The time limits set forth herein may be extended by agreement of the parties.  Any such extension must be confirmed in writing.  

4. Steps of the Procedure

18. a. Except for grievances involving multiple employees or discipline, all grievances must be initiated at Step 1 of the grievance procedure.

19. (1) A grievance affecting more than one employee shall be filed with the management official having authority over all employees affected by the grievance.  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.  

20. b. Step 1: An employee shall discuss the grievance informally with the immediate supervisor as soon as possible but, in no case, later than thirty (30) calendar days from the date of the occurrence of the act or the date the grievant might reasonably have been expected to have learned of the alleged violation being grieved.  The grievant may have a Union representative present.

21. If the grievance is not resolved within seven (7) calendar days after contact with the immediate supervisor, the grievant or the Union's agent will submit the grievance in writing to the immediate supervisor on a mutually agreeable grievance form.

22. The grievance will set forth the following:

23. (1) 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;

24. (2) the terms and conditions of employment claimed to have been violated, misapplied or misinterpreted, and

25. (3) the remedy or solution being sought by the grievant.  

26. The City will return any grievance that does not include the information specified above, and shall identify the requested “missing” information.  The Union may resubmit a grievance adding missing information, and all dates and other provisions shall be triggered off the new submission date.  If the Union submits the amended grievance within fourteen (14) calendar days from the date the City returned the grievance, the City will not deny the grievance based on timeliness, unless the City asserts the original grievance was not timely.

27. The immediate supervisor shall respond in writing within ten (10) calendar days following receipt of the written grievance.

28. c. Step 2:  A grievant dissatisfied with the immediate supervisor's response at Step 1 may appeal to the Appointing Officer, in writing, within fifteen (15) calendar days of receipt of the Step 1 answer. The Step 2 grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step. The Appointing Officer may convene a meeting within fifteen (15) calendar days with the grievant and/or the grievant's Union representative.  The Appointing Officer shall respond in writing within twenty (20) calendar days of the hearing or receipt of the grievance, whichever is later. The response shall specify the reason or reasons for concurring with or denying the grievance.

29. d. Step 3:   If the Union is dissatisfied with the Appointing Officer's response at Step 2, it may appeal to the Director, Employee Relations, in writing, within twenty (20) calendar days of receipt of the Step 2 answer. The Step 3 grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step. The Step 3 grievance shall 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, and any evidence to support the submission at Step 3. The Director may convene a grievance meeting within fifteen (15) calendar days with the grievant and/or the grievant's Union.  The Director shall respond to the grievance in writing within fifteen (15) calendar days of the meeting or, if none is held, within fifteen (15) calendar days of receipt of the appeal. The response shall specify the reason or reasons for concurring with or denying the grievance.

30. e. Arbitration:  If the Union is dissatisfied with the Step 3 answer, it may appeal by submitting a request for arbitration to the Director, Employee Relations, in writing, within thirty (30) calendar days of the 3rd Step decision that arbitration is being invoked. The ERD Director shall respond to the Union with the identity of the appropriate contact in the City Attorney’s Office, and copy the City Attorney’s Office, to notify the City Attorney’s Office that the Union has moved the grievance to arbitration. The Union shall contact the City Attorney’s Office to schedule the arbitration. If the Union fails to contact the City Attorney’s Office within thirty (30) calendar days of that letter, the grievance is deemed withdrawn.

5. Selection of the Arbitrator

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

32. b. The City and the Union must commence selecting the arbitrator and scheduling the arbitration within thirty (30) calendar days of the union’s receipt of ERD’s letter acknowledging the Union’s letter moving the matter to arbitration. In the event the parties fail to agree, the arbitrator will be selected by alternate striking from the list supplied by the State Mediation and Conciliation Services.

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

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

35. e. Upon mutual agreement between the City and the Union, expedited arbitration may be used to hear appeals of all disciplinary actions short of termination.\

Discipline/Discharge Grievances

6. Steps of the Procedure (Disciplinary Grievances)

36. a. The City shall have the right to discipline any non-probationary permanent, temporary civil service, or provisional employee who has served the equivalent of a probationary period for just cause.  As used herein "discipline" shall be defined as discharge, suspensions and disciplinary demotion.  This section shall not apply to exempt employees.

37. b. If the City and the employee jointly agree, the Appointing Officer or designee shall impose a temporary reduction in pay by reducing an employee’s pay by 5% or to the next lower pay step in lieu of an unpaid suspension (e.g. for abuse or sick leave or tardiness). The duration of such pay reduction shall depend on the seriousness of the offense (e.g., one (1) day suspension equates approximately to four (4) weeks of reduced pay).

38. c. With the exception of exempt employees, temporary reductions in pay, suspensions, disciplinary demotions and discharges of non-probationary permanent, temporary civil service and provisional employees who have served the equivalent of a probationary period shall be subject to the following procedure:

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

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

41. 3) The employee shall be notified in writing of the decision based upon the information contained in the written notification, the employee's statements, and any further investigation occasioned by the employer's statements.  The employee's representative shall receive a copy of this decision.

42. Grievances related to discipline must be submitted at Step II of this procedure within fifteen (15) calendar days of the final notice of discipline.

43. The Step 2 grievance shall contain the facts of the grievance, 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, the name, classification, department of the affected employee or employees, and the resolution desired. The Appointing Officer or designee shall respond in writing within fifteen (15) calendar days of receipt of the grievance and shall address the reason or reasons the grievance has been denied or upheld.

44. A grievant dissatisfied with the Appointing Officer's response at Step 2 may appeal to the Employee Relations Director, in writing, within fifteen (15) calendar days of receipt of the Step 2 response.  An appeal will be timely if received or postmarked within fifteen (15) calendar days of the issuance of the Departmental decision. The Step 3 grievance shall 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, and any evidence to support the submission at Step 3. The Director, ERD, shall review the appeal and respond in writing no later than twenty (20) calendar days following receipt of the appeal.

45. If the response of the Director, ERD, is unsatisfactory only the Union may file a written appeal to arbitration with the ERD no later than twenty (20) calendar days following issuance of the City response.

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

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

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

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

7. Authority of the Arbitrator

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

8. Fees and Expenses of Arbitration

51. The fees and expenses of the Arbitrator shall be shared equally by the parties. 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. Direct expenses of the arbitration shall be borne equally by the parties.

9. Attorney’s Fees

52. The parties shall bear their own legal expenses and costs for grievances. Each party expressly waives any right to an award of attorney’s fees or costs in any grievance proceeding.

 10.  Hearing Dates and Date of Award

53. Except for the expedited procedure described above, hearing shall be scheduled within thirty (30) calendar days of selection of an arbitrator.  Awards shall be due within thirty (30) calendar days following the receipt of closing arguments.  As a condition of appointment to the permanent panel arbitrators shall be advised of this requirement and shall certify their willingness to abide by these time limits.

54. 11. In no event shall a grievance include any claim for monetary relief for more than a thirty (30) calendar days prior to the filing of a grievance, nor shall an arbitrator award such monetary relief. Further, an arbitrator shall not award interest on any monetary relief.

55. 12. 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.

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I.F. OFFICIAL REPRESENTATIVES AND STEWARDS

1. Official Representatives

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

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

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

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

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

2. Stewards

61. a. On July 1 of each year, the Union shall furnish the Department of Human Resources Employee Relations Division with an accurate list of stewards and alternate stewards.  The Union may submit amendments to this list at any time to ensure that the list is accurate and up to date.  If a steward is not officially designated in writing by the Union, none will be recognized for that area or shift.

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

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

64. d. A steward shall not represent an employee in a specific disciplinary matter if the steward is a witness to that specific incident. However, the Union may call the steward as a witness in any arbitration.

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

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

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

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I.G. UNION SECURITY

1. Authorization for Deductions

68. 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 (defined as at least thirty days) to the Union. In the event that the Controller changes, alters, or modifies the Procedure, it will provide detailed instructions to the Union on how to comply with the updated Procedure. “Contributions” as used in this Section I.G means Union membership dues, initiation fees, political action funds, other contributions, and any special membership assessments, as established and as may be changed from time to time by the Union.

69. 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.

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

71. 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.

72. 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.  

73. 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.

74. 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.  

75. 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 21 calendar days.

2.  Indemnification

76. The Union shall indemnify, hold harmless, and defend the City against any claim, including but not limited to any civil or administrative action, and any expense and liability of any kind, including but not limited to reasonable attorney’s fees, legal costs, settlements, or judgments, arising from or related to the City’s compliance with this Section I.G. The Union shall be responsible for the defense of any claim within this indemnification provision, subject to the following: (i) the City shall promptly give written notice of any claim to the Union; (ii) the City shall provide any assistance that the Union may reasonably request for the defense of the claim; 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.G brought by the Union against the City. This subsection 2 shall not apply to any claim against the City where the City failed to process a timely, properly completed request to change or cancel a Contributions deduction, as provided in subsection 1.

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I.H. APPRENTICESHIP PROGRAM

77.    The specific provisions of an apprenticeship program shall be subject to agreement between the City and the Union.

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I.I. UNION ACCESS

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

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

80. The City shall reserve a reasonable amount of space on bulletin boards within City buildings for the distribution of Union literature. All posted literature shall be dated, identified by affiliation and author, and neatly displayed, and removed from the bulletin board by the Union when no longer timely. Except as stated below, the City agrees that identifiable Union literature shall not be removed from said bulletin boards without first consulting with the representative of the Union to determine if the literature should remain for an additional period of time. The Union shall not post literature that is discriminatory, harassing, or violates City policy or the law. The Department may remove this type of literature immediately and shall notify the Union of its removal.

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

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

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

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ARTICLE II - EMPLOYMENT CONDITIONS

II.A. PROBATIONARY PERIOD

84. The probationary periods, as defined and administered by the Civil Service Commission for new appointees, shall be 2080 regularly scheduled hours worked, including legal holiday pay (LHP).

85. The probationary period for a promotive appointment shall be 1040 regularly scheduled hours worked, including legal holiday pay (LHP).

86. The probationary period for any other appointment type (e.g. bumping, transfers) shall be 520 regularly scheduled hours worked, including legal holiday pay (LHP).  If the employee is returned to duty in the same department from which the employee was laid off, the employee shall serve the remainder of any probationary period.

87. Upon permanent appointment, time worked as a provisional appointment in the same classification under the same appointing authority shall be treated as time worked and credited to the employee’s probationary period as defined and administered by the Civil Service Commission.  Provided, however, upon permanent appointment, all employees must serve a probationary period of no less than 173 regularly scheduled hours worked, including legal holiday pay (LHP) as defined and administered by the Civil Service Commission.

88. A probationary period may be extended by mutual agreement, in writing, between the employee and the Appointing Officer or designee. The City shall give notice to the Union at the time that it seeks to extend an employee’s probationary period.

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II.B. PERSONNEL FILES

89. Formal reprimands will not be considered for purposes of promotions, transfer, special assignments, or discipline for future infractions after the employee has maintained a record without discipline for a period of three (3) years.  Suspensions will not be considered for purposes of promotion, transfer, or special assignments after the employee has maintained a record without discipline for a period of three (3) years.  Upon request of an employee, in writing, counseling letters and reprimands shall be removed from the employee’s personnel file if there has been no discipline in the preceding three (3) year period. The envelope containing the sealed documents will be retained in the employee’s personnel file and may be opened for the purpose of assisting the City in defending itself in legal or administrative proceedings, or to comply with legal obligations. This provision shall not apply to any discipline for violation of City Equal Employment Opportunity policies.

90. The above provision shall not apply to records or disciplinary actions based on the misappropriation of public funds or property; misuse or destruction of public property; the use or being under the influence of drugs or alcohol at work; acts which would constitute a crime; acts which present an immediate danger to the public health and safety; workplace violence; or mistreatment of persons including retaliation or harassment or discrimination of other persons based on a protected class status.  In such cases, the Appointing Officer or designee may consider an employee’s request for removal on a case-by-case basis.

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II.C. PERFORMANCE APPRAISALS

91. Performance appraisals are prepared for several purposes, including for the purpose of giving notice to employees whose performance is deficient or unacceptable.  Performance appraisal, including documents attached to the appraisals, shall be placed in the employee’s official personnel file, and shall be removed only upon written authorization of the appointing officer.

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II.D. VACATION

92. Vacations will be administered pursuant to the Administrative Code, Article II, Section 16.10 through 16.16 and is incorporated herein by reference.

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II.E. SENIORITY

93. Seniority shall be defined as the length of continuous permanent service within the departmental operational unit defined by Management (Airport, Port, Parks and Recreation, Public Works:  Sewer Repair, Street Repair, PUC: Water - Water Supply Division, City Distribution Division, Hetch Hetchy - Moccasin and MUNI).

94. In case of a tie in seniority, ranking from the eligible list shall prevail.

95. Overtime assignments shall be distributed on an equitable basis by seniority to qualified employees who wish to participate.  Overtime distribution shall be distributed according to a posted operational unit "overtime wheel."  An employee who refuses the overtime assignment as determined by the overtime wheel shall have all such hours refused counted as hours worked for the purpose of overtime distribution.

96. There shall be an annual bidding by seniority for shift schedules.  The date of the annual bidding process will be established by each department.

97. Shift assignments shall be offered on a voluntary basis within the operational unit according to seniority starting with the qualified senior employee.

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II.F. REQUESTS FOR REASSIGNMENTS

98. Vacant permanent positions within a department will be provided electronically or posted for a minimum of five (5) working days. If posted, the vacancy shall be displayed on official bulletin boards in locations where employees regularly work. If provided electronically, the vacancy shall be provided to all employees and employees shall have not less than five (5) working days to respond.

99. Consideration will be given to employees requesting a reassignment based on seniority, merit, and qualifications as determined by management.

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II.G. MEALS AT CAMP MATHER AND HETCH HETCHY-MOCCASIN

100. When an employee is assigned to work at a remote location, the City shall provide the represented employee with meals, or pay the employee the current per diem rate for the meals. If the represented employee is scheduled to work when a full PUC crew is not present, the City will provide the per diem rate.  

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II.H. EQUIPMENT MAINTENANCE

101. 1. Employees covered by this Agreement shall be granted sufficient time to perform routine maintenance on equipment.  Such time, if any is necessary, shall be determined by an appropriate departmental supervisor.

102. 2. Records of equipment deficiencies shall not be placed in an employee's personnel file.  However, records of equipment deficiencies which are used as documentation for disciplinary action may be placed in the personnel file.

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II.I. SUBCONTRACTING

1. "Prop J." Contracts

103. 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.

104. 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.  

105. 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:

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

111. 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 on Personal Services Contracts

112. 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(s) of any personal services contract(s), including a copy of the draft PSC summary form, where such services could potentially be performed by represented classifications.

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

114. 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.

115. 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 or commissions) who are responsible for the contracting-out decision(s) are present at the meeting(s) referenced in paragraph b.

116. 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 Employee Organizations Of The Construction/Maintenance Or Job Order Contracts

117. a. At the time the City issues an invitation for a Construction/Maintenance or Job Order Contract, the City shall notify the affected Union and also notify the San Francisco Building Trades Council of any construction/maintenance or job order contract(s), where such services could potentially be performed by represented classifications.

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

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

120. 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 or commissions) who are responsible for the contracting-out decision(s) are present at the meeting(s) referenced in paragraph c.  

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

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II.J. MINIMUM NOTICE FOR DISPLACEMENTS

122. 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.K. UTILIZATION OF PROP F AND TEMPORARY EXEMPT EMPLOYEES

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

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ARTICLE III - PAY, HOURS AND BENEFITS

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III.A. WAGES

124. 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.

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

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

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III.B. WORK SCHEDULES

1. NORMAL WORK SCHEDULES

126. A normal workday is a tour of duty of eight (8) hours completed within not more than nine (9) hours.  A normal work week is a tour of duty on each of five (5) consecutive days from Monday through Friday.  Any work performed on Saturdays, Sundays, holidays or before the regular scheduled daily starting time or after eight (8) hours of work shall be paid for at the rate of time and one-half.  Employees covered by this Agreement shall be entitled to a minimum of 14 calendar days’ notice if assigned to a different shift.  Such changes will take place following completion of the employee’s normal work week.

127. All classifications of employees having a normal work day of eight (8) hours within nine (9) hours may voluntarily work in flex time programs authorized by appointing officers and may voluntarily work more than or less than eight (8) hours within twelve (12) hours, provided, that the employee must work five (5) days a week, eighty (80) hours per payroll period, and must execute a document stating that the employee is voluntarily participating in a flex time program and waiving any rights the employee may have on the same subject.

128. a. 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.

129. b. A normal work week is a tour of duty on each of five consecutive days.  However, employees who are moving from one shift or one work schedule to another may be required to work in excess of five consecutive working days in conjunction with changes in their work shifts or schedules.

c. Exceptions:

130. 1) Specially funded training programs approved by the Department of Human Resources.

131. 2) 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.

132. 3) 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

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

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III.C. COMPENSATIONS FOR VARIOUS WORK SCHEDULES

1. NORMAL WORK SCHEDULE

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

2. PART TIME WORK SCHEDULES

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

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III.D. ADDITIONAL COMPENSATION

136.  Each premium shall be separately calculated against an employee's base rate of pay.  Premiums shall not be pyramided.

1. NIGHT DUTY

137. Employees shall be paid a premium of 10% of the straight time hourly base rate of pay for each hour regularly assigned between 5:00 P.M. and 7:00 A.M., if the employee works at least one (1) hour of the employee’s regularly scheduled shift between 5:00 P.M. and 7:00 A.M., excepting those employees participating in an authorized flex time program and who voluntarily work between the hours of 5:00 P.M. and 7:00 A.M. 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.

2. CALL BACK

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

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

3. STANDBY PAY

140. a. Employees (except those working at the Public Utilities Commission) who, as part of the duties of their positions are required by the appointing officer to standby when normally off duty to be instantly available on call for immediate emergency service for the performance of their regular duties, shall be paid ten (10%) percent of their regular straight time rate of pay for the period of such standby service. When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid 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.

141. The provisions authorizing standby pay do not apply to classifications designated by a "Z" symbol and which would qualify for designation as executive under the duties test provisions of the Federal Fair Labor Standards Act.

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

142. Employees of the Public Utilities Commission (“PUC”) who, as part of the duties of their positions are required by the Appointing Officer to standby when normally off duty to be instantly available on call for immediate emergency service to perform their regular duties, shall be paid twenty (20%) percent of their regular straight time rate of pay for the period of such standby service.  When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid for hours actually worked, computed to the nearest one-quarter (1/4) hour, while engaged in such emergency service at the usual rate of pay for such service as provided herein.  However, standby pay shall not be allowed in classes whose duties which are primarily administrative in nature.

4. LEAD PERSON PAY

143. Employees in non-supervisory classifications shall be entitled to a $12.50 per day premium as follows:

144.    a.    When designated in writing by their supervisor or foreperson and,

145.    b.    When at least four employees in the same class are assigned on any job and are not under the direction of a crew supervisor on site.

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

5. ACTING ASSIGNMENT PAY

147. a. An employee assigned in writing by the Appointing Officer (or designee) to perform the normal day to day duties and responsibilities of a higher classification of an authorized position for which funds are temporarily unavailable shall be entitled to acting assignment pay, no earlier than the eleventh (11th) consecutive work day of such an assignment, after which acting assignment shall be retroactive to the first (1st) day of the assignment.

148. b. Upon written approval, as determined by the City, an employee shall be authorized to receive an increase to a step in an established salary schedule that represents at least 5% above the employee's base salary and that does not exceed the maximum step of the salary schedule of the class to which temporarily assigned.  Premiums based on percent of salary shall be paid at a rate which includes the acting assignment pay.

6. SUPERVISORY DIFFERENTIAL ADJUSTMENT

149. a. The Appointing Officer is hereby authorized to adjust the compensation of a supervisory employee whose schedule of compensation is set herein subject to the following conditions:

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

151. 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.

152. 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.

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

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

155. g. If the application of this Section adjusts the salary grade of an employee in excess of the 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 highest paid subordinate, provided that the applicable conditions under the above paragraph are also met.

156. 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.

157. i. 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.

158. j. In no event will the Human Resources Director approve a supervisory salary adjustment in excess of 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 2 full steps (approximately 10%)

159. k. 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.

160. l. An employee shall be eligible for supervisory differential adjustments only if the employee actually supervises the technical content of subordinate work and possesses education and/or experience appropriate to the technical assignment.

7. UNDERWATER DIVING PAY

161. Represented employees shall be paid $15.00 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.

8. CRANE CERTIFICATION PREMIUM

162. Employees required to possess a crane certification (over 25 feet or 15,000 pounds) shall receive a three and sixth tenths of a percent (3.6%) premium for all hours paid while in possession of the certification.

9. CERTIFICATION REIMBURSEMENT

163. When the City and County of San Francisco or the State requires that employees working in classifications represented by the Operating Engineers, Local 3 to possess a certificate, the City shall reimburse said employee for any fee involved in the issuance or renewal of said certificate. Employees shall suffer no loss in pay for time spent taking qualifying examinations for said certificate. Commercial drivers' licenses are covered by the provisions of this section.

10. MTA PERFORMANCE/ATTENDANCE INCENTIVE PAY

164. No later than the first pay period after September 1, 2014, active represented employees who received MTA Performance / Attendance Incentive Pay in Fiscal Year 2013-2014 shall receive a one-time lump sum of fifteen hundred dollars ($1,500).

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III.E. OVERTIME - COMPENSATION

Overtime Wheel

165. Scheduled overtime shall be distributed to all qualified Operating Engineer classifications who wish to participate via the overtime wheel. If an Operating Engineer refuses their turn on the wheel, they will go to the bottom of the list.

166. The evaluation of an Operating Engineer’s qualifications and ability for overtime shall be a management determination, provided, however, that such determination shall not be arrived at on an arbitrary, capricious or discriminatory basis.

167. When a person has accumulated four (4) or more scheduled or unscheduled overtime hours since their last designated turn on the overtime wheel, they shall automatically forfeit their turn and will go to the bottom of the list.

168. Each department shall post the overtime wheel in a place where it is reasonably accessible to members. The overtime wheel shall be updated as needed.

169. Individual departments, divisions, bureaus and working groups within the same department may adopt separate practices related to the overtime wheel.

170. In the event that no employee accepts an offer to work overtime, the City may assign work to qualified personnel at the City’s discretion.

171. In the event of an emergency, the City may deploy personnel at its discretion, without using the overtime wheel, until the emergency is fully abated.

172. Appointing officers may require employees to work longer than the normal work day or longer than the normal work week.  Any time worked under proper authorization of the appointing officer or the designated representative or any hours suffered to be worked by an employee, 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. Legal holidays shall count as time worked for the purpose of computing overtime.

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

174. 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.

175. 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.

176. A “Z” classified employee shall not maintain a balance of more than one hundred and sixty (160) hours of compensatory time.

177. Any “Z” designated employees with more than one hundred and sixty (160) hours of accrued compensatory time on July 1, 2020 may maintain their balance of accrued compensatory time, but shall not earn additional compensatory time until their balance of accrued compensatory time is less than one hundred and sixty (160) hours.

178. 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. Employees occupying non-"Z" designated positions shall not accumulate a balance of compensatory time earned in excess of two hundred forty (240) hours.

179. A non- “Z” classified employee who is 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.

180. A non- “Z” classified employee who is appointed to a position in a higher, non- “Z” or designated classification or who is 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.

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

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III.F. HOLIDAYS AND HOLIDAY PAY

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

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

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

184. In addition, included shall be 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.

1. HOLIDAY PAY FOR EMPLOYEES WHO SEPARATE

185. 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

186. 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 their 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. IN-LIEU HOLIDAYS

187. Requests for in-lieu holidays shall be made to the appropriate management representative within thirty (30) days after the holiday is earned and must be taken within the current or next fiscal year.

188. In-lieu days will be assigned by the appointing officer or designee if not scheduled in accordance with the procedures described herein.

189. A holiday can be carried over into the next fiscal year with the approval of the appointing officer.  If an appointing officer fails to schedule an in-lieu holiday as provided in Section 2 herein, the holiday credit shall be carried over to the next fiscal year.

4. HOLIDAY COMPENSATION FOR TIME WORKED

190. 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   provided, however, that 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.

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

5. HOLIDAY PAY FOR EMPLOYEES LAID OFF

192. 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

193. 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.

194. Persons on leave without pay status immediately preceding or immediately following the legal holiday shall not receive holiday pay.

7. PART TIME EMPLOYEES ELIGIBLE FOR HOLIDAYS

195. 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 on a proportionate basis.

196. 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 the employee is regularly scheduled to work in a bi weekly pay period. The computation of holiday time off shall be rounded to the nearest hour.

197. 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

198. Five floating days off in each fiscal year may be taken on days selected by the employee subject to prior scheduling approval of the appointing officer.  Employees (both full time and part time) establish initial eligibility for the floating days off upon appointment.  Employees hired on an as needed, intermittent or seasonal basis shall not receive the additional floating days off.  Floating holidays received in one fiscal year but not used shall be carried forward to the next succeeding fiscal year.  The number of floating holidays carried forward to a succeeding fiscal year shall not exceed the total number of floating holidays received in the previous fiscal year.  Floating Holidays may be taken in hourly increments up to and including the number of hours contained in the employee’s regular shift.  No compensation of any kind shall be earned or granted for floating days off not taken off.

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III.G. TIME OFF FOR VOTING

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

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III.H. JURY DUTY

200. 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.

201. 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.

202. 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.

203. 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.I. SALARY STEP PLAN AND SALARY ADJUSTMENTS

1. PROMOTIVE APPOINTMENT IN A HIGHER CLASS

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

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

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

207. c. If the appointment deemed promotive described in above is a temporary appointment, and the employee, following a period of continuous service at least equal to the prescribed probationary period is subsequently given another appointment either permanent or temporary, deemed promotive from the prior temporary appointment class, the salary step in the subsequent promotive appointment shall be deemed promotive.

208. For purpose of this Section, appointment of an employee as defined herein to a position in any class the salary schedule for which is higher than the salary schedule of the employee's permanent class shall be deemed promotive.

2. NON PROMOTIVE APPOINTMENT

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

3. REAPPOINTMENT WITHIN SIX MONTHS

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

4. COMPENSATION ADJUSTMENTS

211. 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 salary 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.

212. 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.

213. b. Reemployment 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

214. An employee whose compensation is fixed on a bi weekly basis shall be paid the bi weekly salary for the 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

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

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III.K. STATE UNEMPLOYMENT AND DISABILITY INSURANCE

216. 1. Employees in the bargaining unit(s) covered by this agreement shall be enrolled in the State Disability Insurance Program.  The cost of SDI will be paid by the employee through payroll deduction at a rate established by the State of California Employment Development Department.

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

218. 3. The City agrees to continue participating in the State Unemployment Insurance Program as long as applicable laws so require.

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III.L. SICK LEAVE WITH PAY LIMITATION

219. 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.

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III.M. WORKERS’ COMPENSATION

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

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

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III.N. HEALTH AND WELFARE

1. EMPLOYEE HEALTH CARE

222. The City agrees to continue to contribute the applicable rate per month directly into the City Health Service System for each employee who is a member of the Health Service System.  The level of benefits is set pursuant to the Charter.

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

1) Employee Only:

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

2) Employee Plus One:

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

3) Employee Plus Two or More:

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

4) Contribution Cap

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

5) Average Contribution Amount

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

c. Medically Single Employees Outside of Health Coverage Areas

229. Notwithstanding any other provision of this Agreement, for “medically single employees” (Employee Only) who are permanently assigned by the City to work in areas outside the health coverage areas of Kaiser and Blue Shield for the term of this Agreement, the City shall continue to contribute one hundred percent (100%) of the premium for the employees’ own health care benefit coverage.

d. Other Terms Negotiable

230. While the parties have agreed in paragraph 218 not to negotiate any changes to the Percentage-Based Contribution Model, the parties are free to make economic proposals to address any alleged impact of the health contribution levels described above or other health related issues not involving the percentage-based contribution model (e.g. wellness and transparency).

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

2. DENTAL COVERAGE

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

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

3. CONTRIBUTIONS WHILE ON UNPAID LEAVE

234. 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.O. RETIREMENT

235. 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.

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

Retirement Seminar Release Time

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

238. 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.

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

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

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III.P. FAIR LABOR STANDARDS ACT

241. City agrees that it will, at a minimum, compensate in a manner and consistent with the Fair Labor Standards Act.

242. 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.Q. PRE-TAX CAFETERIA 125 PLANS

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

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III.R. VOLUNTEER/PARENTAL RELEASE TIME

244. 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).

245. 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.S. VESTED LEAVE CASHOUTS

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

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III.T. SICK LEAVE ORDINANCE

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

III.U. AIRPORT EMPLOYEE TRANSIT PILOT PROGRAM

248. 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-served 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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ARTICLE IV - HEALTH, SAFETY AND TRAINING

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IV.A. EQUIPMENT FAMILIARIZATION

249. An Appointing Officer or designee will consult with a designated non-supervisory bargaining unit member regarding the specifications of new equipment to be purchased for operation by covered members.

250. The signatory departments agree that departmental training familiarizing unit employees on new or dissimilar replacement equipment operated by 7328 Operating Engineer, Universal, is in the interests of efficient and effective delivery of municipal services, and further agree to implement such training familiarization in a reasonable, equitable and non-arbitrary manner within the first year of receipt of equipment.

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IV.B. HEALTH AND SAFETY

251. The City acknowledges its responsibility to provide safe and healthy work environments for City employees and users of City services.  Every employee has the right to safe and healthy working conditions. Employee concerns regarding safety should be brought to the attention of the employee’s immediate supervisor for appropriate corrective action.  For any excavation, the City shall make every effort to have the location of all underground lines (utilities) marked before digging.  On any emergency excavation, priority calls shall be made to all utilities prior to digging.  No employee covered under this Agreement shall suffer any adverse action for bringing forth safety concerns to the employee’s immediate supervisor.

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IV.C. CLASS 7328: EQUIPMENT OPERATION

252. Operation of equipment enumerated in Attachment “C” shall be performed by members of the bargaining unit subject to the exceptions outlined therein.  No part of the above shall be construed in any manner which interferes with the transport of vehicles, the movement of vehicles by mechanics, equipment managers or other appropriate personnel for the purposes of transport, repair, inspection, response to emergencies or other unusual circumstances as defined herein. Should jurisdictional disputes arise, the parties agree to meet with all affected parties for the purpose of resolution. Nothing in this section shall conflict with charter provisions or Civil Service Commission’s rules. The City shall interpret Attachment C in a manner consistent with the Meyers-Milias-Brown Act.

253. The Union and the City shall begin meeting and conferring on or after July 1, 2024, to discuss the meaning of, and potential changes to, language in “Appendix C: Class 7328 Equipment Operation”. Should the parties fail to reach agreement, either party may declare impasse on or after January 1, 2025, upon which the parties shall schedule the mediation/arbitration panel to reconvene again in-person no later than March 20, 2025. Chairperson Barry Winograd or other agreed upon neutral shall serve as the mediator/arbitrator on the panel. Final decision will be reached by June 30, 2025. In the event any member of the mediation/arbitration panel resigns or is unavailable, that member shall be replaced in accordance with San Francisco City Charter Section A8.409-4(b).

254. The mediation/arbitration panel shall not issue any award that would conflict with other     language in this MOU or the legal jurisdiction of the Civil Service Commission. 

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IV.D. PAPERLESS PAY POLICY

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

256. 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 a paper statement of their pay advices or receive assistance to print hard copies through their payroll offices upon request, on a one-time or ongoing basis.  

257. 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.    

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

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

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

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

261. Prior to implementation of the policy, the City shall notify employees regarding the policy, including how to access and print their pay advices at work or elsewhere.  Training shall be available for employees who need additional assistance.  

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

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

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

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ARTICLE V - WORKING CONDITIONS

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V.A. SAFETY EQUIPMENT

265. Where appropriate and authorized by the Appointing Officer or designee, employees covered by this MOU shall be provided a stipend each year for the purchase of safety shoes at a cost not to exceed $300 per employee, per year. In all cases where a stipend for safety shoes has been provided, the employee shall be required to wear such footwear during the performance of their duties.  

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

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V.B. PROTECTIVE CLOTHING

267. The City will provide foul weather gear and hazardous materials protection gear for non-supervisory classes which operate equipment, as needed and will be provided a voucher of no less than three hundred dollars ($300) annually for any additional job-related workwear clothing or protective gear required by the employer. Departments may provide above three hundred dollars ($300) annually based on the department’s discretion and availability of funds, but in no event will departments unreasonably withhold a voucher.

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V.C. PROTECTIVE CLOTHING (Class 9331 Piledriver Engine Operator)

268.    The City agrees to provide coveralls, foul weather gear, protective leather gloves, goggles, safety glasses, hardhats, earplugs and work vests, for employees in the classification of 9331 Piledriver Engine Operator.

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ARTICLE VI – SCOPE

269. The parties recognize that re-codifications 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, 2003.

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VI.A. SAVINGS CLAUSE

270. Should any part hereof or any provision herein be declared invalid by reason of conflicting with a Charter provision or existing ordinances or resolutions which the Board of Supervisors had not agreed to alter, change or modify, or by any decree of a court, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and the remaining portions hereof shall remain in full force and effect for the duration of the Agreement.

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VI.B. ZIPPER CLAUSE

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

CIVIL SERVICE RULES/ADMINISTRATIVE CODE

272. 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. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules.  

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VI.C. DURATION OF AGREEMENT

273. 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 UNIONs

• Marc Beauchamp, Business Representative, Operating Engineers Local 3
  Date: 5/13/24
• Tim Neep, Public Employee Director, Operating Engineers Local 3
  Date:

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

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

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APPENDIX A: PAST PRACTICE ENUMERATIONS

The parties agree to amend the Collective Bargaining Agreement (“CBA”) by appending the following list of past practices thereto pursuant to Section VI.C. of the CBA.

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Attendance

All departments will continue their current sick leave call-in requirement to call in sick during specific periods with a specific excuse.

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Meal and Break Periods

The unpaid meal period shall be thirty (30) minutes.  If a represented employee does not receive this thirty (30) minute meal period, the employee may be relieved at the end of eight (8) hours.   If the employee’s work day is not shortened (ie: if the employee works eight and one-half (8½) hours), the employee shall be compensated under the CBA for one-half (½) hour at time-and-a half (ie: paid for 45 minutes).

Two 10 (ten) minute breaks shall continue to be provided for each full-time shift.

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Requests for Paid Time Off

Each Department will maintain their current requirement of represented employees to request paid time off either three (3) or five (5) days in advance of the date of requested paid time off (ie: vacation, floating holidays, and in-lieu days) as currently established in each City department.  If the notice is timely and operational staffing requirements are covered, the employee will be granted the requested paid time off.   Paid time off will be granted according to seniority.

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License Renewal and Medical Examinations

Covered employees will be given paid time off for license renewals and medical examinations that are required as a condition of employment.

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Parking

Assigned parking will be provided at work locations where it is currently provided as available.  In addition, SFGH parking agreement is included as attached.  Effective 7/1/2013, MTA employees shall be required to pay for their own parking based on fees established by MTA.

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Employee Facilities

Lockers and a locker changing rooms will continue to be made available at work locations where they are currently provided.

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Clean-up

Each covered employee shall be provided with the appropriate amount of time to clean up after contact with poison ivy and any other hazardous materials.

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Safety Equipment

Safety equipment will continue to be provided free of cost to the covered employee.

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Tools

The City will continue to provide all required tools.

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APPENDIX B: UNION ACCESS TO NEW EMPLOYEES PROGRAM

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I. Purpose

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

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II. Notice and Access

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

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

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

C. Notice

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

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

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

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

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

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

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

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

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

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

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

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

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

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III. Data Provisions

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

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IV. Hold Harmless

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

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

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   

Pursuant to paragraph 244 of the MOU, the operation of the below outlined equipment shall be performed by members of the bargaining unit except where delineated by a (*).  Equipment delineated by a (*) may be operated by other classifications in addition to the members of the bargaining unit subject to limitations outlined within this Attachment.  Nothing in this Attachment shall be construed as a waiver by the Union that the equipment delineated by a (*) listed in Attachment “C” falls under the Union’s jurisdiction and shall not prevent the City from assigning the equipment delineated by a (*) listed in Attachment “C” to members of the bargaining unit.  The City agrees to promptly, but no later than within thirty (30) days, notify the Union of new pieces of equipment (similar to those listed below) purchased, obtained, or acquired and the parties agree to meet regarding any disputes arising from the exceptions, when new equipment is purchased, or when new technology or duties make this list outdated.

List of Equipment - 7328 Operating Engineer, Universal
a. Compressor*
b. Generator* 
•    exception applies to all departments except the use of generators at the Airport based on current practice.
c. Man/Material Hoist (including one drum and tugger hoist-single drum)*
d. Boom Truck (or dual purpose A-frame truck)*
• exception is limited to the use by: 
• Public Works to move planters; to plant trees; to remove trees; to load and disposal of wood from trees, including branches; to load/unload construction plates; to load/unload construction material and equipment to/from trucks and construction sites; to pick-up miscellaneous garbage, debris, and abandoned and illegal structures in the public right-of-way; and to move trash receptacles.
• Port to load/unload construction material from trucks, barges, and construction sites, and the hanging of steel doors. 
• PUC to load and unload construction materials.
e. Forklift (three and one-half tons and over)* 
• exception is limited to the city-wide use of forklifts to load/unload construction materials from trucks, construction sites and barges, and to load/unload supplies and materials delivered at department storerooms, and to move materials around the CDD yard.
f. Roller*=
• exception is limited to non-rideable hand operated rollers and other pushed or walk behind equipment. 
g. Self-Propelled Compactor* 
• exception is limited to non-rideable hand operated compactors (vibratory plates) and other pushed or walk behind equipment. h. Surface heaters* 
i. Tractors*
• exception is limited to the use of equipment with an operating weight of two (2) tons or less and no use of attachments, or breaking ground below eight (8) inches; and 
• Public Works may continue current use of bucket attachments.
j. Mechanical Asphalt Finisher
k. Combination Backhoe and Loader (under three-quarter yard) 
l. Trenching Machine* 
• exception is limited to non-rideable hand operated trenchers, and other pushed or walk behind equipment.
m. Dozer
n. Scraper
o. Sheep’s Foot Roller
p. Compacting Equipment*
• exception is limited to non- rideable hand operated compactors (vibratory plates) and other pushed or walk behind equipment. 
q. Push Cat
r. Loader, including Bobcat or skid steer units*  
• Exception is limited to an operating weight of two (2) tons or less and no use of attachments, or breaking ground below eight (8) inches; and 
• Public Works may continue current use of the following attachments: bucket, hammer, grinder, broom, and auger attachment, noting that augers will go below eight (8) inches in depth when used.
s. Combination Backhoe and Loader (three-quarter yard and over) 
t. Finish Asphalt Roller
u. Asphalt Spreader (to include Asphalt Paver)*
• exception is limited to use by asphalt staff stationed on screed to measure thickness of asphalt mat. 
v. Crane (25 tons and under)*
• Exception is limited to stationary cranes operated in the PUC CDD yard; knuckle boom crane at Public Works for tree work; and building mounted gantry cranes at PUC and the Port. 
w. Crane (over 25 tons) 
x.  Power Shovel – Clamshell-Dragline-Backhoe-Gradall (one yard and under)
y. Power Blade 
z. Power Shovel-Clamshell-Dragline-Backhoe-Gradall (over one yard)

aa. Cold Planer (CMI, gallion, and similar)
bb. Log Skidder and Stump Grinder * 
• exception is limited to non- rideable hand operated, or walk behind equipment used to grind stumps of all sizes and applies to all departments except for the Recreation and Parks Department; and
• exception applies to towable stump grinder at Public Works for arborists use only.

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SIDE LETTER AGREEMENT

RE: Minimum Qualifications for classes 7710, 7208, 7210, 7328, 9331

Subject to Civil Service Rules, the Union and the City will meet and discuss the minimum qualifications for classes 7710, 7208, 7210, 7328, and 9331 by January 1, 2023.

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SIDE LETTER AGREEMENT

Re: Change of “Z” status for 7208 Heavy Equipment Operations Supervisors and 7108 Heavy Equipment Operations Assistant Supervisors classifications

The City agrees to change the overtime status from “Z” to “Non-Z”/ “N” for class 7208 Heavy Equipment Operations Supervisors and 7108 Heavy Equipment Operations Assistant Supervisors effective July 1, 2022.  

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SIDE LETTER AGREEMENT

Re: Class B License

The parties agree to meet during the MOU effective 2024 - 2027, at the request of the Union, to discuss the Union’s concerns about the job requirement to hold a Class B license as a condition of employment. The parties agree to consider a resolution that would address the Union’s and the City’s concerns. This process shall not be subject to impasse resolution procedures, including mediation – arbitration procedures under San Francisco Charter section A8.409, et seq.

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SIDE LETTER AGREEMENT

Re: Appendix C and Paragraph 252

During negotiations for the 2024-2027 MOU, the parties agreed to add “The City shall interpret Attachment C in a manner consistent with the Meyers-Milias-Brown Act” to paragraph 252 of the MOU. The parties agree that the exchange / withdrawal / amendment of any language in paragraph 252 of the MOU shall not be used by either party to interpret the meaning of the language in paragraph 252.

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