Teamsters, Local 856 Multi-Unit (July 1, 2024 to June 30, 2027)

This Memorandum of Understanding (hereinafter "Agreement") is entered into by the City and County of San Francisco (hereinafter "City") and Teamsters, Local 856 (hereinafter "Union").  It is agreed that the delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City, the Union, and represented employees.  Such achievement is recognized to be a mutual obligation of the parties to this Agreement within their respective roles and responsibilities.

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ARTICLE I. REPRESENTATION

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A. RECOGNITION

1. 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 units as listed below:

2. Recognition shall only be extended to individual classes accreted to existing bargaining units covered by this MOU.  Application of this provision shall not extend to bargaining units acquired through 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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B. NO STRIKE PROVISION

3. It is mutually agreed and understood that during the period this Agreement is in force and effect the Union and represented employees will not engage in any work stoppage as defined in Charter Section A8.346.

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C. MANAGEMENT RIGHTS

4. Except as otherwise specifically 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.

5. 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.  

6. The exercise of these rights shall not be subject to the grievance procedure.

7. 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.

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D. UNION/CITY RELATIONS COMMITTEE

8. The parties hereby agree to establish a Union/City Relations Committee.  The Committee shall consist of up to three (3) bargaining unit members appointed by the Union in addition to union staff and up to three (3) members appointed by the City.  The chair of the committee will be selected from the City team for the first six (6) months of the committee's term, and will be selected from the Union team for the second six (6) months.  The chair shall rotate thereafter.

9. The Committee shall meet every three months if matters of mutual concern are identified by either party.  Either party may submit matters for the agenda, provided however, that grievance arbitration matters may not be discussed absent mutual agreement.

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

Animal Care & Control

11. During the term of this Agreement (FY 2019-2020, FY2020-2021, and FY 2021-2022), a subcommittee shall be established between the Department and the Union and shall meet by no later than September 30, 2019, to further discuss matters within the scope of representation at Animal Care & Control.  The parties shall meet on a regular or as-needed basis.

Department of Public Health

12. During the term of this Agreement (FY 2019-2020, FY2020-2021, and FY 2021-2022), a subcommittee shall be established between the Department and the Union and shall meet by no later than September 30, 2019, to further discuss night duty, standby, and call back for their represented employees.

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E. GRIEVANCE PROCEDURES

13. 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.

14. 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.

A grievance does not include the following:

15. 1. 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.

16. 2. 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 twenty (20) calendar days from the date of the reprimand.

Grievance Description

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

18. a. The grievances shall state the specific article(s), section(s) and paragraph(s) of this Agreement which the Union believes has been violated;

19. b. The grievance shall state 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;

20. c. The grievances shall state the remedy or solution being sought by the Grievant or Union.

21. The City shall return any grievance that does not include the information specified above. 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.

Time Limits

22. The time limits set forth herein may be extended by agreement of the parties. Any such extension must be confirmed in writing. For purposes of calculation of time a "day" is defined as a “calendar day,” including weekends and holidays.

Steps of the Procedure:  Non-discipline

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

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

25. The grievant may have a Union representative present at all steps of the grievance procedure.

26. Step 1:  An employee shall discuss the grievance informally with their immediate supervisor as soon as possible but in no case later than thirty (30) 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.

27. If the grievance is not resolved within seven (7) days after contact with the immediate supervisor, the grievant will submit the grievance in writing to the immediate supervisor on a mutually agreeable grievance form. The grievance will set forth the name of the employee, the facts of the grievance, the terms and conditions of employment claimed to have been violated, misapplied or misinterpreted, and the remedy or solution being sought by the grievant.  For grievances involving more than one employee, the Union will identify the names of all affected grievants as soon as reasonably possible, but no later than submission to Step 4.

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

29. Step 2:  A grievant dissatisfied with the immediate supervisor's response at Step 1 may appeal to the intermediate supervisor, in writing, within ten (10) days of receipt of the Step 1 answer.  The intermediate supervisor may convene a meeting or respond in writing within twenty (20) days of receipt of the grievance. If a meeting is held the intermediate supervisor shall respond in writing within twenty (20) days.

30. Step 3:  A grievant dissatisfied with the intermediate supervisor's response at Step 2 may appeal to the Appointing Officer or designee, in writing, within fifteen (15) 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(s) for rejecting the lower step response and advancing the grievance to the next step. The Appointing Officer or designee may convene a meeting within twenty (20) days with the grievant and/or the grievant's Union representative.  The Appointing Officer or designee shall respond in writing within twenty (20) days of the hearing or receipt of the grievance, whichever is later.

31. Step 4: If the Union is dissatisfied with the Appointing Officer's response at Step 3, it may appeal to the Director, Employee Relations, in writing, within twenty (20) days of receipt of the Step 3 answer. The Step 4 grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step. The Union shall make best efforts to include copies of all earlier correspondence (i.e. earlier grievance submissions and responses), materials, and evidence submitted at the earlier Steps of the Grievance Procedure, and any evidence to support the submission at Step 4. The Director may convene a grievance meeting within twenty (20) days with the Union; the grievant may attend the meeting if the employee so desires. The Director shall respond to the grievance in writing within twenty (20) days of the meeting or, if none is held, within twenty (20) days of receipt of the appeal.

32. Arbitration:  If the Union is dissatisfied with the Step 4 answer it may invoke arbitration by submitting a request to the Director of Employee Relations in writing, within twenty (20) days of the 4th Step decision. The Employee Relations Director or designee 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. If the Union fails to contact the City Attorney’s Office within thirty (30) calendar days of that letter, the grievance is deemed withdrawn. However, in order to proceed to arbitration, the City and the Union shall initiate the selection of an arbitrator and schedule the arbitration dates within 30 calendar days of the Union's receipt of the Director of Employee Relations denial of the grievance.

Selection of the Arbitrator

33. The parties shall establish a list of seven (7) arbitrators to serve as the permanent panel to hear grievances arising under the terms of this Agreement. In the event the parties cannot agree on the panel within thirty (30) calendar days following the effective date of this Agreement, either party may obtain a panel through the appointment process of the American Arbitration Association.  Provided however that an arbitrator may be removed from the panel by mutual consent at any time. Replacements, in the absence of mutual agreement, shall be made by American Arbitration Association appointment.

34. 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) days the arbitrator shall be selected from the permanent panel by utilizing a strike off procedure.

Discipline/Discharge Grievances

35. Permanent employees or employees who have served the equivalent of the probationary period may grieve (appeal) temporary reduction in pay, suspensions, disciplinary demotions or discharges.

36. If an employee has previously been disciplined regarding problems of abuse of sick leave or tardiness, in lieu of unpaid suspension, the Appointing Officer or designee, may at the Appointing Officer or designee’s option, impose a temporary reduction in pay by reducing an employee’s pay by 5% or to the next lower pay step, for subsequent attendance discipline.  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).  

Skelly Rights

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

38. a. A notice of the proposed action;

39. b. The reasons for the proposed discipline;

40. c. A copy of the charges and the materials upon which the action is based;

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

42. e. Notice, in writing, of the decision. The employee’s representative shall also receive     a copy of this decision.

43. Skelly meetings shall be presided over by a management representative who is not directly connected with the incident giving rise to the discipline. The City shall make best efforts to ensure that the Skelly meeting is presided over by a management representative who is not in the same department as the employee.

Expedited Termination Grievances

44. Termination grievances will be filed directly with the Director, Employee Relations Division.

45. The parties agree to use their best efforts to schedule arbitration hearings for termination grievances within ninety (90) calendar days of the appeal to arbitration.

46. The parties will agree in advance on an arbitrator or panel of arbitrators to hear all termination grievances.  

Steps of the Procedure:  Disciplinary Grievances

47. Step 1.  The grievant and/or the union shall submit in writing to the Appointing Officer or designee a grievance appealing the disciplinary action within fifteen (15) days of the mailing date of the written notice.  The grievance shall set forth the basis of the appeal.  The Appointing Officer or designee shall respond within twenty (20) days following receipt of the appeal.

48. Step 2.  The union may appeal the Appointing Officer's decision to the Director of Employee Relations in writing within ten (10 days). The Union shall make best efforts to include copies of all earlier correspondence (i.e. earlier grievance submissions and responses), materials, and evidence submitted at the earlier Steps of the Grievance Procedure, and any evidence to support the appeal. The Director may convene a grievance meeting within twenty (20) days with the grievant and the grievant's union.  The Director shall respond to the grievance in writing within twenty (20) days of the meeting or if none is held within twenty (20) days of receipt of the appeal.

49. If the decision of the Director, ERD, is unsatisfactory only the Union may file a written appeal to arbitration with the ERD no later than fifteen (15) days following issuance of the final City decision.

Selection of the Arbitrator

50. Selection of an arbitrator shall be the same as for non-discipline/discharge grievances.

Authority of the Arbitrator

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

Fees and Expenses of Arbitrator

52. The fees and expenses of the Arbitration shall be shared equally by the parties including the cost of the arbitrator, court reporter and transcript, if ordered.  

Hearing Dates and Date of Award

53. Hearings shall be scheduled within forty (40) days of selection of an arbitrator. Awards shall be due within forty (40) days following the receipt of closing arguments. As a condition of appointment to the permanent panel arbitrators shall be advised of this requirement and shall certify their willingness to abide by these time limits.

Attorney’s Fees

54. 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.

55. Any claim for monetary relief shall not extend more than thirty (30) calendar days period prior to the initiation of a grievance, nor shall and arbitrator award such monetary relief. Further, an arbitrator shall not award interest on any monetary relief.

56. 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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F. OFFICIAL REPRESENTATIVES AND STEWARDS

Official Representatives

57. 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. If the Union does not submit a new list, the City shall consider the current list of Union Representatives to be unchanged. 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.

58. The Union may select up to the number of employees as specified in the Employee Relations Ordinance for purposes of meeting and conferring with the City on matters within the scope of representation.  If a situation should arise where the Union believes that more than a total of five (5) employee members should be present at such meetings, and the City disagrees, the Union shall 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.  

59. 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.

60. No selected employee member shall leave the duty or workstation, or assignment without specific approval of appropriate Employer representative.

61. 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.

Stewards

62. On July 1 of each year, the Union shall furnish to the Department of Human Resources Employee Relations Division an accurate written list of stewards and alternate stewards. If the Union does not submit a new list, the City shall consider the current list of stewards and alternate stewards to be unchanged. During the course of the year, the Union shall amend the list as needed to ensure that the list is accurate and up to date. If a steward is not officially designated in writing by the Union, none will be recognized for that area or shift.

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

64. Upon notification of a designated 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.

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

66. 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 their post or duty.

67. The City may request that a steward not represent an employee in a disciplinary matter if the steward is a witness or otherwise personally involved in the matter.

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

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

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G. UNION ACCESS

70. 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.

71. Union representatives shall also have a reasonable right of access to non-work areas (bulletin boards, 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.  

72. 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.

73. 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.

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

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H. UNION SECURITY

1. Authorization for Deductions

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

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

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

78. d. 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.

79. 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.  

80. 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.

81. 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.  

82. 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 

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

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I. EMPLOYEE REASSIGNMENTS

84. Except in cases of urgent need, each City department shall post and/or provide electronically notices of vacancies. The decision to post or electronically provide a notice shall be based on whether the employee has reasonable access and a regular need to review electronic communications as part of their regular work assignments during their workday. If posted, the vacancy notice shall be in a prominent location in the department, and/or at each separate work location of the department, for a period of not less than five (5) working days in order to afford employees interested in reassignment an opportunity to apply for a vacant position. If provided electronically, the vacancy notice shall be provided to all employees and employees shall have not less than five (5) working days to apply. Each such notice shall describe the classification of the position to be filled, the physical location of the position, its starting and quitting time, and a general description of the work to be performed.

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J. BULLETIN BOARDS

85. 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.

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K. CIVIL SERVICE RULES

86. The parties agree that unless specifically addressed herein, those terms and conditions of employment which are currently set forth in the Civil Service Rules shall continue to apply to employees covered by this contract.  No matter set forth in the Civil Service Rules shall be subject to the grievance procedure.  Changes to the Civil Service Rules may be proposed during the terms of this contract subject to meet and confer as appropriate.  Changes to the Civil Service Rules shall not be subject to arbitration.

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ARTICLE II. EMPLOYMENT CONDITIONS

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A. NON-DISCRIMINATION

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

88. This section is not intended to affect the right of any employee to elect any applicable administrative remedy for discrimination proscribed herein. It is understood that this paragraph shall not foreclose the election by an affected employee of any administrative or statutory remedy provided by law.

89. If, after the execution of this Agreement, the City executes a written agreement or memorandum of understanding with any other bargaining unit that provides a deadline or time limit for the investigation and conclusion of claims sent to the City’s Equal Employment Opportunity office, the Union shall have the opportunity to meet and confer with the City about adding similar language to this Agreement.

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B. PROBATIONARY PERIOD

90. The probationary period, as defined and administered by the Civil Service Commission, shall be Two Thousand Eighty (2,080) regularly scheduled hours worked, including legal holiday pay (LHP).

91. The probationary period for a promotive appointment shall be One Thousand and Forty (1,040) regularly scheduled hours worked, including legal holiday pay (LHP).

92. The probationary period for an employee on all other job changes including but not limited to bumping and transfer shall be five hundred and twenty (520) regularly scheduled hours worked, including legal holiday pay (LHP).  If the employee is being returned to duty in the same department from which the employee was laid off, the employee shall serve the remainder of any probationary period.

93. A probationary period may be extended for up to two thousand eighty (2,080) hours by mutual agreement, in writing, between the employee and the Appointing Officer or designee with notice to the Union.

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C. RECLASSIFICATION/REORGANIZATION

Effects of Reclassification

94. Upon approval of the reclassification of an existing position by the Human Resources Director or the Civil Service Commission, the incumbent shall be separated from the position, and shall be eligible to exercise seniority to fill another position in the class occupied prior to the reclassification in accordance with the rules of the CSC or provisions of the CBA whichever governs.

Transfer of Work between Bargaining Units/Incidental Employee Work Assignments

95. The City shall have the right to assign work to any classification determined to be appropriate for the performance of said duties.

96. The incidental assignment of out of class duties shall be subject to this provision.  Incidental duties shall be defined as those constituting a minor portion of the employee’s assignment.

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D. AMERICANS WITH DISABILITIES ACT

97. The parties agree that they are required to provide reasonable accommodations for persons with disabilities in order to comply with the provisions of Federal, State and local disability anti-discrimination statutes and the Fair Employment and Housing Act.  The parties further agree that this Agreement shall be interpreted, administered and applied so as to respect the legal rights of the parties.  The City reserves the right to take any action necessary to comply therewith.

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E. RIGHT TO PRIVACY

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

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F. SUBCONTRACTING OF WORK

"Prop J." Contracts

99. 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.

100. Upon request by the Union, the City shall make available for inspection any and all pertinent background and/or documentation relating to the service contemplated to be contracted out.  Prior to any final action being taken by the City to accomplish the contracting out, the City agrees to hold informational meetings with the Union to discuss and attempt to resolve issues relating to such matters including, but not limited to,

101. 1. possible alternatives to contracting or subcontracting;

102. 2. questions regarding current and intended levels of service;

103. 3. questions regarding the Controller's certification pursuant to Charter Section 10.104 (15);

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

105. 5. questions relating to the effect on individual worker productivity by providing labor saving devices.

106. 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.

107. In the event represented employees are laid off or displaced as a result of such contracting out, employment counseling will be made available to these employees.

Personal Services Contracts

108. Departments shall notify the Union of proposed personal services contracts where such services could potentially be performed by represented classifications.  Such notification shall occur no later than the date a department sends out requests for proposals.

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

110. 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. 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.

111. 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 110.  

112. 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.

113. Existing language in MOUs which provides additional notice and/or otherwise enhanced provisions shall not be superseded by the language in this section.

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G. WORKFORCE REDUCTION

Obligation to Meet & Confer on Employee Workloads

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

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

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

Advance Notice of Pending Layoffs

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

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H. MINIMUM NOTICE FOR DISPLACEMENTS

118. 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.

Layoff Procedures

119. Layoffs shall be administered pursuant to current practice, except that an employee with permanent seniority in class shall have the right to displace an employee with less permanent seniority in the same class in any department.  All bumping and displacement shall first occur within the department that effected the layoff in question prior to City-wide bumping.

Credit for Time Served in Temporary Position While on Layoff from Permanent Position

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

121. 1. is "laid off" from said position,

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

123. 3. is thereafter permanently re-employed in their former classification without a break in service,

124. 4. shall, for the purposes of determining salary increments, receive credit for the time served while laid off from their permanent position.

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I. TRAVEL REIMBURSEMENT

Municipal Railway

125. An employee who travels on the Municipal Railway for City business shall be reimbursed for such travel upon proof of purchase. Employees without Clipper cards shall provide receipts in order for reimbursement. Employees with Clipper cards shall provide a printout of the trip for which they seek reimbursement, unless they have a monthly MUNI Fast pass, in which case no reimbursement is required.

Mileage Allowance

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

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J. REIMBURSEMENT OF PERSONAL EXPENSES

127. An employee who seeks reimbursement of damaged, destroyed or stolen property, which occurred during the performance of job duties, shall submit a claim to the department head with appropriate documentation specifying the property and the circumstances that led to the property damage or loss, including but not limited to an incident report, police report, receipts, pictures, and other proof of loss not later than thirty (30) calendar days after the date of such alleged occurrence. An employee shall be entitled to reimbursement, if appropriate, no later than 120 days following the submission of such claim.  Reimbursement may be delayed or denied, if the employee does not submit the appropriate documentation.

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K. FINGERPRINTING

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

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L. PERSONNEL FILES

129. Only one (1) official file shall be maintained on any single employee in any one department.  Unless otherwise specified by the department, the official file shall be located in the departmental personnel office or, in larger departments, at the various divisional personnel offices of the department.

130. Each employee shall have the right to review the contents of the employee’s own file upon request.  Nothing may be removed from the file by the employee but copies of the contents shall be provided upon request.

131. With the written permission of the employee, a representative of the Union may review the employee's personnel file when in the presence of a departmental representative and obtain copies of the contents upon request.

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

133. Materials relating to disciplinary actions in the employee’s personnel file which have been in the file three (3) years or more shall not be used for disciplinary purposes provided there has been no reoccurrence of the conduct, documented in the file, on which the discipline was based.

134. The above provision shall not apply to material relating to disciplinary actions based on the misuse or being under the influence of drugs or alcohol at work; acts which would constitute a crime; workplace violence; or mistreatment of persons including retaliation, harassment or discrimination of other persons based on a protected class status.

135. With the approval of their supervisor, the employee may include material relevant to their performance of assigned duties in the file.

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

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M. INDEMNIFICATION OF CITY EMPLOYEES

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

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N. LABOR-MANAGEMENT COMMITTEE

138. For the term of this MOU, the City and the Union agree to establish at each department a Labor-Management Committee that shall convene upon the Union’s written request, up to three (3) times per calendar year unless the parties mutually agree otherwise.  Each party shall designate a chair, who shall have responsibility to make arrangements for scheduling the labor-management meeting and for drawing up the agenda.

139. a. Up to two (2) employees shall be released, unless agreed upon otherwise, to attend each scheduled meeting, provided the Union has given the Department at least seven (7) calendar days’ notice of the Union’s selection. Request for release time of the designated employee shall not be unreasonably denied. If either of the Union’s first selections, cannot be released due to departmental operational or staffing requirements, the Union may make an alternate selection, provided the Union gives sufficient prior notice.

140. b. Items to be included and discussed at the meetings are to be submitted to the Department and to the Union at least seven (7) calendar days prior to the scheduled date of the meeting.  Items not so submitted need not be responded to at the meeting.  Appropriate agenda items for such meetings include:

1. administration of this Agreement;
2. additional items mutually agreed-to by the parties for placement on the agenda.

141. The Department of Public Health (DPH) and the Union agree to establish a Labor Management Committee (LMC) for the DPH Laboratory, composed of three (3) representatives from the City and three (3) representatives from the Union.  The LMC shall meet quarterly and may make recommendations to appropriate executive management members.  The agenda for each LMC meeting will be determined by management and the Union, and will be circulated to LMC members prior to each scheduled meeting. Subject to mutual agreement, the parties can invite guests with relevant knowledge and experience to participate in the LMC as needed.

142. The parties agree that participants at these meetings will not have the authority to add to, subtract from, or in any way alter the terms and conditions set forth in this Agreement.  Participants at these meetings shall have no right to determine issues under the exclusive jurisdiction of the Civil Service Commission.  Finally, the parties agree that matters relating to pending grievances, discipline or individual performance issues shall not be discussed at these meetings.

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O. SENIORITY

143. Departments will implement a vacation sign-up procedure that provides for vacation sign-up by seniority for employees covered by this MOU.

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P. UTILIZATION OF PROP F AND TEMPORARY EXEMPT EMPLOYEES

144. 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.

145. It is understood that to the degree increased utilization of such employees may be required in certain represented classifications to provide staffing coverage due to employees taking floating holidays as described in paragraphs 251 through 252 of the parties’ 2010-2012 Agreement, such work will be offered to holdovers in such represented classifications.

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Q. JURY DUTY

146. 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.  

147. 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.

148. 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.  

149. 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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ARTICLE III. PAY, HOURS AND BENEFITS

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A. WAGES

150. 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.

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

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B. ADDITIONAL COMPENSATION

Equity Adjustment

152. Effective July 1, 2024, classification 7444 Parking Meter Repairer shall receive a one-time wage adjustment of 0.75%. 

Wage Corrections, Adjustments, and Studies

153. Employees in classes 3372, 3370 and 1434 in the Department of Animal Care and Control may advance to Step 6 upon completion of two (2) years of service at Step 5.

Lead Person Pay

154. Employees in classification 7444 Parking Meter Repairer designated in writing by their supervisor or foreman as a lead person shall be entitled to a $15.00 per day premium when required to take the lead on any job and direct the work of at least four persons who are assigned.

Officer of the Day Pay

155. Employees in Class 8322 Senior Counselor – Juvenile Hall, when assigned by their supervisor to act as “Officer of the Day” for periods of less than ten (10) consecutive working days, on shifts other than the graveyard shift from 11:00 p.m. to 7:00 a.m., shall be entitled to a $25.00 per day premium.  Employees assigned to the graveyard shift from 11:00 p.m. to 7:00 a.m. shall be entitled to a $30.00 per day premium. Employees shall not be eligible to receive both the Officer of the Day Premium and Acting Assignment Pay.

“In Charge” Assignment Pay

156. Employees in classes 3372 Deputy Animal Control Officer, 3370 Animal Care Attendant and 1434 Shelter Service Representative shall, when assigned to be in charge of their division during the absence of higher level supervision for an entire shift, be paid a premium of $12.00 per day when so assigned.

Field Training Officer Pay

157. Employees in class 3372 Deputy Animal Control Officer who are assigned by the Appointing Officer or Designee to train new employees in class 3372 Deputy Animal Control Officer shall receive a premium of twelve dollars and fifty-cents ($12.50) per day when so assigned.

Acting Assignment Pay

158. Employees assigned by the Department Head or designee to perform the full range of essential functions of a position in a higher classification shall receive compensation at a higher salary if all of the following conditions are met:

159. 1. The assignment must be in writing.

160. 2. The position to which the employee is assigned must be a budgeted position.

161. 3. The employee is assigned in writing to perform the duties of a higher classification for five (5) consecutive working days.

162. If each of the above criteria are met and upon verification by the Department Head, an employee shall be paid 5% above the employee’s base salary but which does not exceed the maximum step of the salary grade of the class to which temporarily assigned, retroactive to the first day of assignment.  Premiums based on percent of salary shall be paid at a rate which includes Acting Assignment pay. Acting assignments shall not exceed six months, except when necessary to accommodate exigent circumstances such as to backfill a position where the incumbent is on approved leave. Such acting assignment may not exceed six (6) months without the approval of the Department of Human Resources (DHR) and notice to the Union. Upon DHR approval, such acting assignment may be extended up to another six (6) months, or for such longer period as necessary. Where acting assignments exceed the six-month duration, the relevant department(s) will provide a written report to DHR explaining why the position has not been filled through the merit-based exam process.

163. If each of the above criteria are met but an employee does not receive the acting assignment pay, the employee must file a grievance within thirty days of written notice of the assignment.

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

Supervisory Differential Adjustment

165. The Appointing Officer shall adjust the compensation of a supervisory employee whose compensation grade is set herein subject to the following conditions:

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

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

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

169. 4. 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.

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

171. 6. The adjustment of the compensation grade of the supervisor shall not exceed 5% over the compensation exclusive of extra pay, of the employee supervised.

172. If the application of this section adjusts the compensation grade of an employee in excess of their immediate supervisor, whose class is also covered by this agreement the pay of such immediate supervisor shall be adjusted to an amount $1.00 bi-weekly in excess of the base rate of the highest paid subordinate, provided that the other applicable conditions of this section are also met.

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

174. 8. The Human Resources Department shall review any changes in the conditions or circumstances that were and are relevant to the request for salary adjustment under this section.

Bilingual Premium

175. Employees who are assigned to a designated position with a language special condition and certified by the Department of Human Resources as having proficiency in interpreting and/or translating to and from a one or more non-English languages including sign language for the hearing impaired and Braille for the visually impaired shall be granted additional compensation of forty dollars ($40.00) per pay period.

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

Night Duty

177. Employees who, as part of their regularly scheduled work shift, are required to work at least two (2) hours between (five) 5:00 p.m. and (midnight) 12:00 a.m. shall receive a premium of eight and a half percent (8.5%) per hour in addition to their straight time hourly base rate of pay for any and all hours worked between (five) 5:00 p.m. and (seven) 7:00 a.m. Employees whose regular shift includes at least a minimum of two (2) hours between the hours of midnight (12:00a.m.) and seven (7:00a.m.) shall be paid a premium of ten percent (10%) of their base rate for each hour worked.  Excluded from this provision are those employees who participate in an authorized flex-time program or an alternate work schedule where the work shift includes hours to be worked between the hours of (five) 5:00 p.m. and (seven) 7:00 a.m.  Day shift employees assigned to work during the night duty premium hours are not eligible for night duty premium.  Payment of this premium shall be made for actual hours worked.

Night Duty – 2496 Radiologic Technologist Supervisors

178. Due to unique operational considerations, employees in class 2496 Radiologic Tech Supervisors who, as part of their regularly scheduled work shift, are required to work at least two (2) hours between 5:00 p.m. and (midnight) 12:00 a.m. shall receive a premium of ten percent (10%) per hour in addition to their straight time hourly base rate of pay for any and all hours worked between (five) 5:00 p.m. and midnight (12:00 a.m.). Employees whose regular shift includes at least a minimum of two (2) hours between the hours of midnight (12:00a.m.) and 7:00a.m. shall be paid a premium of fifteen percent (15%) of their base rate for each hour worked. All limitations from the previous paragraph apply.  

Standby Pay

179. Employees who, as part of the duties of their positions are assigned in writing by the Appointing Officer or designee to standby when normally off duty to be instantly available on call for the performance of their regular duties, shall be paid the Federal Minimum Wage per hour for the period of such standby service.  During the standby period employees are relieved from duty and such hours are not to be considered hours worked under the FLSA.  The issuance of an electronic paging device does not in itself constitute eligibility for standby pay.  When such employees are called on to perform their regular duties during the period of such standby service, they shall be paid while engaged in such service the usual rate of pay for such service as provided herein. Notwithstanding the general provisions of this section, standby pay shall not be allowed in positions whose duties are primarily administrative in nature.

Standby Pay – Class 2453 Supervising Pharmacist

180. Employees in class 2453 Supervising Pharmacist who, as part of their duties are required by the Appointing Officer or who agree to standby to meet service needs when normally off duty shall be paid ten percent (10%) of their regular straight time rate of pay for the period of such standby service. Standby shall be defined as the availability of the unit member for telephone or electronic consultation by convenient and reliable means during the standby time scheduled. For work performed remotely employees shall be paid their usual rate of pay for either a quarter hour or the actual time worked, whichever is greater, while engaged in such service. When such employees are required to return to the worksite during the period of standby service, they shall be paid a minimum of four (4) hours at the appropriate rate.

Standby Pay – Class 2496 Radiologic Technologist Supervisor

181. Employees in class 2496 Radiologic Technologist Supervisor who, as part of their duties are required by the Appointing Officer to standby to be instantly available on call when normally off duty shall be paid ten percent (10%) of their regular straight time rate of pay for the period of such standby service.  For work performed remotely employees shall be paid their usual rate of pay for either a quarter hour or the actual time worked, whichever is greater, while engaged in such service. When such employees are required to return to the worksite during the period of standby service, they shall be paid a minimum of four (4) hours at the appropriate rate.

Call Back

182. Employees (except those at remote locations where City supplied housing has been offered, or who are otherwise being compensated) who are called back to their work locations following the completion of their work day and departure from their place of employment, shall be paid at the applicable rate for all hours actually worked (with a three (3) hour minimum).  This section shall not apply to employees who are called back to duty when on stand-by status.

7444 Meter Technology Premium

183. Effective July 1, 2014, only employees in classification 7444 Parking Meter Repairer, who are assigned by their supervisor or foreman to perform work on equipment other than single space meters during their assigned shift, and who previously received the premium in fiscal year 2013-2014, shall be entitled to a five dollar ($5.00) per day premium when required to repair complex and electronic components on-site. All employees in class 7444 who did not receive the Meter Technology Premium in fiscal year 2013-2014 shall not be eligible to receive this premium. The Meter Technology Premium shall sunset when there are no remaining employees in class 7444 Parking Meter Repairer who are eligible to receive this premium.

2496 Radiologic Technologist Supervisor Accessibility

184. When Employees in class 2496 Radiologic Technologist Supervisor who are required to be available to respond to departmental needs outside their regular working hours are contacted by phone, text message or other electronic device, they shall be paid their usual rate of pay for either a quarter hour or the actual time worked, whichever is greater.  When such employees are required to return to the worksite under this provision, they shall be paid a minimum of four (4) hours at the appropriate rate.  An employee may not receive compensation under this provision and standby pay for the same hours worked.

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C. SALARY STEP PLAN AND SALARY ADJUSTMENTS

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

Promotive Appointment in a Higher Class

186. An employee or officer who has completed a probationary period or six (6) months of service, whichever is less, and who is appointed to a position in a higher classification, either permanent or temporary, deemed to be promotive shall have their salary adjusted to that step in the promotive class as follows:

187. 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 in the bi-weekly compensation grade and shall not be above the maximum of the salary range of the promotive class.

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

Non-promotive Appointment

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

Appointment Above Entrance Rate

190. Appointments may be made by an appointing officer at any step in the compensation grade under any of the following conditions:

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

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

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

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

2463 Microbiologist I/II - Step Progression

195. The 2463 Microbiologist I/II classification is a deep class consisting of two functional levels: Level I and Level II.  Salary steps are as follows: Level I at Steps 1 to 8 and Level II at Steps 8 to 12. A Level I Microbiologist is distinguished from a Level II Microbiologist in that the Level II Microbiologist is responsible for a larger scope of tests and investigations and serves as supervisor.

196. Effective July 1, 2024, classification 2463 Microbiologist I/II shall have an additional step, Step 13, for Microbiologist II that shall be established at 2% above the rate for Step 12.

197. Effective July 1, 2024, employees who have completed one (1) year of service at Step 12 shall advance to Step 13. Thereafter, employees shall be eligible to advance to Step 13 based on completion of one (1) year of service at the preceding step.

1. Microbiologist Level I

198. Except as otherwise provided herein, newly hired employees in Level I shall enter at Step 1. Employees may be placed at a higher step deemed appropriate by the Appointing Officer based on years of experience, education and skill level. Level I Microbiologists shall advance to the next step upon satisfactory completion of one year of service, up until Step 8, which is the maximum step for a Level I Microbiologist.

2. Microbiologist Level II

199. Except as otherwise provided herein, newly hired employees in Level II shall enter at Step 8. Employees may be placed at a higher step deemed appropriate by the Appointing Officer based on years of experience, education and skill level. Level II Microbiologists shall advance to the next step upon completion of one year of service, up until Step 13, which is the maximum step for a Level II Microbiologist.

3. Microbiologist Level I Advancing to Level II

200. Subject to the approval of the Appointing Officer and the operational needs of the department, Microbiologists in Level I, who possess the Level II requisite qualifications of experience and certification and who are assigned the duties of a Level II Microbiologist, shall advance to Step 8 or a higher step deemed appropriate by the Appointing Officer based on years of experience, education and skill level.

Reappointment Within Six Months

201. 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.

Compensation Upon Transfer or Reemployment

202. 1. Transfer.  An employee transferred from one department to another, but in the same classification, shall transfer at their current salary, and if s/he is not at the maximum salary for the class, further increments shall be allowed following the completion of the required service based upon the seniority increment anniversary date in the former department.

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

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

205. Further increments shall be based upon the increment anniversary date that would have applied in the higher classification.

206. 4. Reemployment in a Formerly Held Classification.  An employee who has completed the probationary period in an entrance appointment who is laid off and is returned to a classification formerly held on a permanent basis shall receive a salary based upon the original appointment date in the classification to which the employee is returned.  An employee who is returned to a classification not formerly held on a permanent basis shall receive a salary step in the salary grade for the classification closest to, but not below, the prior salary amounts, provided that salary shall not exceed the maximum of the salary grade.

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D. METHODS OF CALCULATION

207. Bi-Weekly.  An employee whose compensation is fixed on a bi-weekly basis shall be paid the bi-weekly salary 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.

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

E. SENIORITY INCREMENTS

Advancement Through Salary Steps

209. Full time employees who are appointed at step 1 may advance to the second step and to each successive step upon completion of the one (1) year required continuous service.  Part-time regularly scheduled employees may advance to the second step upon completion of 2080 continuous hours of service, and to each successive step upon completion of 2080 continuous hours of service.

210. Employees who enter a classification at a rate of pay at other than the first step may advance one (1) step upon completion of the one (1) year required service.  Further increments may accrue following completion of the required service at this step and at each successive step.

211. Date Increment Due.  Increments may accrue and become due and payable on the next day following completion of required service in the class and with approval of the appointing officer, unless otherwise provided herein.  

Exceptions

212. a. Satisfactory Performance.  For all employees, an employee’s scheduled step increase may be denied if the employee’s performance has been unsatisfactory to the City.  The Appointing Officer shall provide an affected employee at least sixty (60) calendar days’ notice of any intent to withhold a step increase. However, if the unsatisfactory performance occurs within the sixty (60) days before the employee’s salary anniversary date, the Appointing Officer shall provide notice of intent to withhold a step increase within a reasonable time. The notice shall be in writing and shall provide a list of reasons and/or explanation for the denial.

213. b. Upon notification of intent to withhold a step increase, management/supervisor shall initiate a performance plan with goals and a timeline to earn the step increase; provided, however, that nothing in this section is intended to or shall make performance plans subject to the grievance procedure. Management/ supervisor may consider the employee’s and Union’s input in creating the performance plan.  The timeline for the plan may be extended by agreement, in writing, executed by the employee, the Union and the supervisor.

214. c. The denial of a step increase is subject to the grievance procedure.  An employee’s performance evaluation(s) may be used as evidence by either party in a grievance arbitration; provided, however, that nothing in this section is intended to or shall make performance evaluations subject to the grievance procedure.  

215. d. If the Appointing Officer takes no action with respect to an employee’s step advancement, by default an employee shall be granted a step advancement on the employee’s salary anniversary date.

216. e. If an employee’s step advancement is withheld, that employee shall next be eligible for a step advancement on the employee’s salary anniversary date the following fiscal year.  However, at any time before that date, the Appointing Officer, in their sole discretion, may grant the employee the withheld step increase, to be effective on or after the first pay period following the Appointing Officer’s decision, with no retroactive payment allowed.

217. f. An employee’s salary anniversary date shall be unaffected by this provision.

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

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

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

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F. WORK SCHEDULES

1. Regular Work Schedule

221. Unless otherwise provided in this Agreement, a regular workday is a tour of duty of eight (8) hours of work completed within not more than nine (9) hours.  A regular workweek is a tour of duty of worked hours on each of five (5) consecutive days within a seven (7) day period.  However, employees who are moving from one shift or one work schedule to another may be required to work in excess of five (5) consecutive working days in conjunction with changes in their work shifts or schedules.

2. Work Schedule Changes

222. Except in cases of emergency, when management initiates a change in an employee’s regular work schedule, management will use best efforts to provide two (2) weeks’ advance notice to the employee, and at a minimum, at least seventy-two (72) hours’ notice will be given whenever practicable. A schedule of an individual employee shall not be temporarily changed to avoid paying an individual employee overtime.

3. Flexible Work Schedule

223. All classifications of employees having a Regular Work Schedule may, with the Appointing Officer’s permission, voluntarily work in a flex-time program authorized by the Appointing Officer under the following conditions:

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

225. b. The employee must execute a document stating that the employee is voluntarily participating in a flex-time program.  Such changes in the work schedule shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as those provided to employees on a “Regular Work Schedule” as defined in section 1 above.  

226. c. This provision shall not be grievable or arbitrable.

4. Alternate Work Schedule

227. By mutual agreement the City and the Union may enter into cost equivalent alternate work schedules for some or all represented employees.  Such alternate work schedules may include full-time work weeks of less than five (5) days or a combination of features mutually agreeable to the parties (examples may include but are not limited to 4/10 or 9/80 schedules).  Such changes in the work schedule shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as those provided to employees on a “Regular Work Schedule” as defined in section 1 above.  Requests for alternate work schedules shall not be unreasonably denied.

5. Part Time Work Schedule

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

6. Voluntary Reduced Work Week

229. Employees subject to the approval by the Appointing Officer may voluntarily elect to work a reduced work week for a specified period of time.  Such reduced work week shall not be less than twenty (20) hours per week.  Pay, vacation, holidays and sick pay shall be reduced in accordance with such reduced work week.  

7. Voluntary Time Off Program ("VTOP")

230. The mandatory furlough provisions of CSC Rule 120 shall not apply to covered employees.

a. General Provisions.      

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

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

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

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

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

c. Duration and Revocation of Voluntary Unpaid Time Off.

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

8. Animal Care and Control Graveyard Shift

236. The Department of Animal Care & Control agrees to allow employees assigned to work the graveyard shift to waive their one-hour lunch break with prior supervisor approval based on operational need which will result in a one-hour reduction in the length of their work shift. At any time, the Department may re-evaluate the feasibility of the work schedules and determine whether it is appropriate to allow employees who work the graveyard shift to waive their one-hour lunch break. In such event the employee would work the full number of work hours assigned.

9. Shift Bidding

237. Shift bidding and shift selection for all represented classes shall continue by current practice.

238. Upon the written request of the Union, a Department shall negotiate with the Union to establish or to revise a shift bidding procedure. The determination of the shift bidding procedure shall be by mutual agreement.

G. COMPENSATION FOR VARIOUS WORK SCHEDULES

1. Normal Work Schedules

239. 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

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

3. No Available Work

241. Employees shall receive no compensation when properly notified (2-hour notice) that work applicable to the classification is not available because of inclement weather conditions, shortage of supplies, traffic conditions, or other unusual circumstances.  Employees who are not properly notified and report to work and are informed no work applicable to the classification is available shall be paid for a minimum of two hours.  Employees who have been designated by their department as emergency personnel must report to work as scheduled unless otherwise notified by the Appointing Officer of designee.

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

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H. OVERTIME COMPENSATION

243. The Appointing Officer may require employees to work longer than the regular workday or the regular workweek.  Any time worked under proper authorization or suffered to be worked by an employee, exclusive of part-time employees, in excess of actual paid work on a regular workday or workweek shall be treated as follows:

Non- “Z” Designated Classifications

244. Employees in classifications designated as Non- “Z” are compensated for overtime subject to the following:

245. a. For employees working a regular eight (8) hour workday, overtime at one-and-one-half times the base hourly rate (which may include a night differential if applicable) for actual hours worked in excess of eight (8) hours in a day or for hours worked in excess of forty (40) hours in a week; provided that employees working in classifications that are designated as having a regular workday of less than eight (8) hours or a regular workweek of less than forty (40) hours shall not be entitled to overtime compensation for work performed in excess of said specified regular hours until they exceed eight (8) hours per day and forty (40) hours per week;

246. b. For employees working a flexible work schedule as described in section F.3. above, overtime at one-and-one-half times the base hourly rate (which may include a night differential if applicable) for actual hours worked in excess of forty (40) hours in a week;

247. c. For employees working an alternate work schedule as described in section F.4. above, overtime at one-and-one-half times the base hourly rate (which may include a night differential if applicable) for hours worked in excess of the normal workday as set forth in an alternate work schedule or for actual hours worked in excess of forty (40) hours in a week.  Overtime for employees working a 9/80 schedule is based on the FLSA workweek designated in such a schedule.

248. Those employees subject to the provisions of the Fair Labor Standards Act who are required or suffered to work overtime shall be paid in salary unless the employee and the Appointing Officer mutually agree that in lieu of paid overtime, the employee shall be compensated with compensatory time off.  Compensatory time shall be earned at the rate of time and one half.  Employees occupying non- “Z” designated positions shall not accumulate a balance of compensatory time earned in excess of 240 hours calculated at the rate of time and one half.  Non-"Z" designated employees shall be allowed to take any accrued compensatory time upon request to his/her supervisor.  Requests for use of accrued compensatory time off shall not be unreasonably denied.  At the employee's option, any accrued compensatory time off shall be paid at the end of the fiscal year.  If the employee does not exercise such option, accrued compensatory time will be carried over to the next fiscal year.  An 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. An employee who is appointed to a position in a higher, non-Z or L designated classification shall have their entire compensatory time balances paid out at the rate of the lower classification prior to promotion.

249. Overtime shall be calculated and paid on the basis of the total number of straight-time hours actually worked in a day and week. (For purposes of this calculation fixed holidays, jury duty and military leave shall be counted as hours worked).  Overtime compensation so earned shall be computed subject to all the provisions and conditions set forth herein.

“Z” Designated Classifications

250. Employees in classifications designated as “Z” shall not be paid for overtime worked but may be granted compensatory time off at time and one half for actual hours worked in excess of forty (40) hours in a week.

251. When an appointing officer receives notice from an employee, designated as a “Z” employee for FLSA purposes, that the employee will resign, the appointing officer, or designee, will use their best efforts to accommodate that employee’s request to exhaust any unused compensatory time.

252. For purposes of calculation of overtime, fixed holidays will be considered actual hours worked.

Compensatory Time

253. Employees may carry forward up to two hundred forty (240) hours of earned but unused compensatory time into the next fiscal year.

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I. FAIR LABOR STANDARDS ACT

254. To the extent that the Agreement fails to afford employees the overtime or compensatory time off benefits to which they are entitled under the Fair Labor Standards Act, the Agreement is amended to authorize and direct all City Departments to ensure that their employees receive, at a minimum, such Fair Labor Standards Act Benefits.

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J. HOLIDAYS

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

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

256. 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.

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

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

259. Employees are granted five floating holidays (forty (40) hours in each fiscal year) to be taken on days selected by the employee subject to prior scheduling approval of the appointing officer or designee. Floating Holidays may be taken in hourly increments up to and including the number of hours contained in the employee’s regular shift. Employees (both full-time and part-time) establish initial eligibility for the floating holidays upon appointment. Employees hired on an as-needed, intermittent or seasonal basis shall not receive the additional floating holidays.  Floating holidays received in one (1) 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 may not exceed the total number of floating holidays received in the previous fiscal year, and at no time shall employees be able to accumulate more than eighty (80) hours of floating holidays.  No compensation of any kind shall be earned or granted for floating holidays not taken.

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

261. 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 7.702 of the Charter.  Those employees who work on a Friday which is observed as a holiday in lieu of a holiday falling on Saturday shall be allowed a day off in lieu thereof as scheduled by the appointing officer in the current or next fiscal year. The City shall provide one week's advance notice to employees scheduled to work on the observed holiday, except in cases of unforeseen operational needs.

1. In-Lieu Holidays

262. Requests for in-lieu holidays shall be made to the appropriate management representative prior to or no later than thirty (30) days after the holiday is earned and must be taken within the current or next fiscal year.

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

264. An in-lieu holiday can be carried over into the next fiscal year only with the written approval of the appointing officer.

2. Holiday Compensation for Time Worked

265. 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 (1) additional day's pay at time and one-half (1-1/2) the usual rate in the amount of twelve (12) hours' pay for eight (8) hours worked or a proportionate amount if less than eight (8) hours worked; provided, however, that at an employee's request and with the approval of the appointing officer, an employee may be granted compensatory time off in lieu of paid overtime.

266. Executive, administrative and professional employees designated with the "Z" symbol and who the City believes are exempt under the provisions of the Fair Labor Standards Act shall not receive extra compensation for holiday work but may be granted time off equivalent to the time worked at the rate of one-and-one half (1 1/2) times for work on the holiday.

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

267. a. Employees assigned to seven (7) day-operation departments or employees working a five (5) day work week other than Monday through Friday shall be allowed another day off if a holiday falls on one of their regularly scheduled days off.

268. b. Employees whose holidays are changed because of shift rotations shall be allowed another day off if a legal holiday falls on one of their days off.

269. c. Employees required to work on a holiday which falls on a Saturday or Sunday shall receive holiday compensation for work on that day.  Holiday compensation shall not then be additionally paid for work on the Friday preceding a Saturday holiday, nor on the Monday following a Sunday holiday.

270. d. Sections b. and c. above shall apply to part-time employees on a pro-rata basis.

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

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

4. Holiday Pay for Employees Laid Off

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

5. Employees Not Eligible for Holiday Compensation

274. Persons employed for holiday work only, or persons employed on a part-time work schedule which is less than twenty (20) hours in a bi-weekly pay period, or persons employed on an intermittent part-time work schedule (not regularly scheduled), or persons employed on as-needed, seasonal or project basis for less than six (6) months continuous service, or persons on leave without pay status either immediately preceding or immediately following the legal holiday shall not receive holiday pay.

6. Part-time Employees Eligible for Holidays

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

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

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

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K. VACATION

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

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L. HEALTH AND WELFARE AND DENTAL INSURANCE

Employee Health Care

279. The level of the City's contribution to employee health benefits will be set in accordance with the requirements of Charter Sections A8.423 and A8.428.

a. Health Coverage

280. 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:

281. 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:

282. 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:

283. 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

284. 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

285. 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.

Dental Coverage

286. The City shall provide dental coverage through the term of this agreement.

287. 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.

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

289. CONTRIBUTIONS WHILE ON UNPAID LEAVE. 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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M. STATE DISABILITY INSURANCE (SDI)

290. 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.

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N. RETIREMENT

291. 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 the 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.

292. Effective July 1, 2012, all represented employees agree to pay their own employee retirement contribution.

1.  Proposition C Employee Cost-Sharing

293. The parties recognize the requirement under Charter Section A8.409-9 to negotiate cost-sharing provisions that produce comparable savings and costs to the City and County as are produced through the Charter's SFERS employee contribution rate adjustment formulae.  The parties intend this Section to effectuate the cost sharing provisions of San Francisco Charter Section A8.409-9. The parties further acknowledge that: (i) the annual SFERS employer contribution rate is determined by the SFERS actuary and approved by the SFERS Board for each fiscal year; and (ii) the annual employer contribution rate for SFERS for FY 2012-13 is 20.71%.    

294. The parties agree that, when the applicable SFERS annual employer contribution rate is more than 12.00%, bargaining unit members in CalPERS shall make the mandatory statutory employee contribution described in paragraph 299 plus an additional mandatory contribution to effectuate San Francisco Charter Section A8.409-9 (the "Prop. C Contribution").  The Prop. C Contribution is determined, as set forth in the chart below, based on the employee contribution rate which corresponds to the SFERS annual employer contribution rate for that fiscal year.  For example, for FY 2012-2013, based on the employer contribution rate of 20.71%, the Prop. C. Contribution will be 2.5% of covered compensation for miscellaneous safety bargaining unit members in CalPERS earning at the annual rate of less than $100,000, and 3% of covered compensation for such bargaining unit members earning at the annual rate of $100,000 or more.

295. The Prop. C Contribution:

(i) will be paid by the City to CalPERS, effectuated via a pre-tax reduction in salary pursuant to Internal Revenue Code Section 414(h)(2); 

(ii) will not be included in the gross income of the bargaining unit members for certain tax reporting purposes, that is, for federal, state, or local income tax withholding, unless and until distributed either through a pension benefit or a lump sum payment;

(iii) will be included in the gross income of the bargaining unit members for FICA taxes when they are made;

(iv) will be reported to CalPERS as City contributions to be applied against the City's CalPERS reserve, and will not be applied to the bargaining unit member's individual CalPERS account; 

(v) will be included in the bargaining unit member's compensation as reported to CalPERS and the affected bargaining unit members shall not be entitled to receive any of the contributions described above directly instead of having them paid by the City to CalPERS; and

(vi) will be considered as part of the bargaining unit member's compensation for the purpose of computing straight-time earnings, compensation for overtime worked, premium pay, and retirement benefits, and shall be taken into account in determining the level of any other benefit which is a function of, or a percentage of, salary.

296. In the event that the Prop. C Contribution is zero, i.e. the annual SFERS employer contribution rate is between 11-12%, section C above will not apply.  In the event that the Prop. C Contribution is a negative number, i.e. the annual SFERS employer contribution rate is less than 11%, Section C above will not apply and the Prop. C Contribution will be treated as a City pick up of the bargaining unit members' mandatory CalPERS retirement contribution under paragraph 299 to the extent of the Prop. C Contribution.

297. Any City pickup of an employee’s mandatory retirement contribution shall not be considered as a 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 our percentage of salary. The City reserves the right to take said contributions into account for the purpose of salary comparisons with other employers.

298. Notwithstanding the above paragraphs, in the event that a change in state law causes the implementation, during the term of this Agreement, of an increase in the employee contribution to CalPERS for employees covered by this Agreement, either party may elect to reopen this Agreement to address the impact of the change in state law.  This reopener shall be subject to the impasse resolution procedures and criteria set forth in Charter Section A8.409-4.

2. Employee payment of employee contribution to CalPERS

299. For the duration of this agreement, members of the bargaining unit in CalPERS shall pay the employee share of mandatory retirement contributions effectuated via a pre-tax reduction in salary.  These mandatory retirement contributions:

(i) will be paid by the City to CalPERS, effectuated via a pre-tax reduction in salary pursuant to Internal Revenue Code Section 414(h)(2); 

(ii) will not be included in the gross income of the bargaining unit members for certain tax reporting purposes, that is, for federal, state, or local income tax withholding, unless and until distributed either through a pension benefit or a lump sum payment; 

(iii) will be considered as part of the bargaining unit member's compensation for the purpose of computing straight-time earnings, compensation for overtime worked, premium pay, and retirement benefits, and shall be taken into account in determining the level of any other benefit which is a function of, or a percentage of, salary; and

(iv) the affected bargaining unit members shall not be entitled to receive any of the contributions described above directly instead of having them paid to CalPERS.

Retirement Reopener

300. At the written request of the Union, the City agrees to meet and confer with the Union over a mutually satisfactory contract amendment with PERS to effect safety retirement improvements.  As set forth in Charter Section A8.409-2 any contract amendment shall be cost neutral.  As set forth in Charter Sections A8.409.-5 and A8.506-2, the parties acknowledge that any disputes remaining after meet and confer on a PERS contract amendment are not subject to the impasse resolution procedures in Charter Section A8.409.

Retirement Seminar Release Time

301. Subject to development, availability and scheduling by SFERS and PERS, employees shall be allowed not more than one day during the life of this CBA to attend a pre-retirement planning seminar sponsored by SFERS or PERS.  All such seminars must be located within the Bay Area.

302. 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.

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

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O. LIFE INSURANCE

304. The City shall provide $50,000 term life insurance for each permanent employee in the unit.

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P. LONG TERM DISABILITY INSURANCE

305. The City, at its own cost, shall provide to employees a Long Term Disability (LTD) benefit that provides, after a one hundred and eighty (180) day elimination period, sixty percent salary (60%) (subject to integration) up to age sixty-five (65).  Employees who are receiving or who are eligible to receive LTD shall be eligible to participate in the City's Catastrophic Illness Program only to the extent allowed for in the ordinance governing such program.

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Q. RETURN TO WORK PROGRAMS

306. The City shall establish a Return-To-Work Program which shall provide for modified work assignments for employees who have sustained an occupational injury or illness to enable these employees to return to work as soon as possible consistent with their medical restrictions, as determined by licensed physician in accordance with Workers' Compensation laws and regulations.

307. The City recognizes that departments may have varying hours of public service, occupational standards or requirements for employees and other unique or specialized requirements.  In order to provide for these unique elements, departments may create departmental Return-to-Work Programs.

308. Departmental Return-to-Work Programs shall conform to the standards of the Citywide Return-to-Work Program, but shall supplement the Citywide Program with procedures to account for the department's unique requirements.

309. Modified duty assignments shall be available only to employees who have suffered an occupational injury or illness and who may return to full duty following a period of recuperation.  Such assignments shall be within the sole discretion of the appointing officer.  The decision to provide such modified duty and/or the impact of such decisions on the availability of modified duty assignments for occupationally injured employees shall not be subject to grievance or arbitration.

310. An employee's refusal to participate in a Return-to-Work Program may affect benefit eligibility.

311. Employees shall only be compensated for hours worked and may receive supplemental benefits as prescribed by Workers' Compensation laws.

312. An employee shall remain in a modified work assignment for a maximum of sixty (60) days

313. Employee participation in the Return-to-Work Program shall be reviewed every thirty (30) days.  Participation in a Return-to-Work may be extended with the agreement of the department and the licensed physician in accordance with Workers' Compensation law.

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

315. The following terms shall be defined for use in this program as they are in the Civil Service Commission Rules.  The terms listed below are provided for informational purposes only and may change.  These terms shall not be subject to grievance or arbitration procedures.

1. Occupational Injury or Illness

316. An occupational injury or illness is one that arises out of and occurs in the course of employment as defined by the State of California Labor Code.

2. Temporary Occupational Disability

317. An employee is temporarily disabled for the time following an injury or illness during which the employee:

318. a. is recovering from the effects of the injury/illness; and

319. b. is unable to perform their usual and customary job duties as determined by the licensed physician in accordance with Workers' Compensation laws and regulations; and

320. c. is expected to continue to recover or to improve; and

321. d. has not been found to be a "Qualified Injured Worker" as defined by the State of California Labor Code.

3. Modified Work Assignment

322. The term "modified work assignment" is defined as a temporary work assignment provided to an employee who cannot perform their usual and customary job duties as a result of an occupational injury or illness.  A modified work assignment may be provided when an individual is recuperating from an occupational injury or illness.  The assignment must comply with the employee's medical restrictions.

323. Unless specifically addressed herein, those terms and conditions of employment which are set forth in Civil Service Commission Rule 120 - Leave of Absence shall apply to employees covered by this agreement.

324. Denial of Leave of Absence shall be subject to the grievance procedure.  Except as so provided, the grievance procedure shall not apply to the provisions of Rule 120.

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R. DISABILITY LEAVE

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

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

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

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

329. Pursuant to Civil Service Rule 120.23, an employee returning from disability leave (as defined in CSC Rule 120.23) will accrue sick leave with pay and/or supplemental disability credits at an accelerated rate.

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S. PARENTAL RELEASE TIME

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

331. 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, provided 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.

332. If both of the child’s parents are employed by the City at the same worksite, the entitlement to a planned absence applies only to the parent who first gives notice.

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

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T. PAID SICK LEAVE ORDINANCE

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

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ARTICLE IV. TRAINING, CAREER DEVELOPMENT AND INCENTIVES

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

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A. EDUCATION

336. Access to training/educational opportunities will be made available equitably to employees covered by this MOU in order to increase the capacity of an employee to perform their job, and to update skills for all electronic, mechanical and new technology.

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B. SPECIAL EDUCATIONAL LEAVE FOR HEALTH PERSONNEL

337. Each regular full-time employee who has served in one of the following enumerated classes which require a valid license or certificate, excluding motor vehicle license, shall be allowed a maximum of forty (40) hours educational leave with pay per fiscal year to attend formally organized courses, institutes, workshops or classes which are necessary to achieve the particular classification's certification or relicensure.

338. Employees referred to below must be employed by the City as regular full time employees for at least ninety (90) continuous calendar days before they are entitled to take such educational leave.  It is the intent of the parties that leave pursuant to this provision shall be granted subject only to the reasonable staffing requirements of the department and of granting of such leave, preference shall be given to the employee having the earliest relicensure or recertification date.

• 2453 Supervising Pharmacist
• 2463 Microbiologist I/II
• 2496 Radiologic Technologist Supervisor

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C. TUITION AND TRAINING REIMBURSEMENT FUND

339. Budget.  The City shall budget twenty thousand dollars ($20,000) during each year of this Agreement for the Tuition and Training Reimbursement fund.  Unused funds shall not be carried forward to the next fiscal year.

340. Eligible Employees. Any employee who regularly works at least 20 hours per week with a minimum of one (1) year continuous service in any class immediately before the application is eligible for Tuition and Training reimbursement.  

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

342. Travel. In addition, subject to approval by the Appointing Officer or designee, and as permissible under applicable law, including Administrative Code Chapter 12X, employees may utilize up to seven hundred and fifty dollars ($750) of the funds available to them for that fiscal year to pay for up to 50% of the cost of necessary travel outside of the nine Bay Area Counties for approved training. Travel reimbursement rates shall be as specified by, and guidance regarding Chapter 12X provided in, the Controller’s Accounting Policies and Procedures memo. Tuition and Training reimbursement funds may not be used for food.

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

344. Certifications, Licenses and Continuing Education.  When a certificate, license or registration is required by the City or the State as a condition of employment, the employee shall be reimbursed for the amount of the fee for the renewal of such certificate, registration or license and any related continuing education through the Tuition and Training reimbursement fund.  Employees will not utilize these Tuition and Training reimbursement funds for Department-mandated training.

345. Reporting. By November 1 of each year, the City shall provide to the Union a report showing Tuition and Training fund activity for the prior fiscal year, including name, job class, department, expense description, paid amount, and denials by the Department of Human Resources.

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D. RENEWAL FEES FOR CERTIFICATIONS, LICENSES, OR REGISTRATIONS

346. When a certificate, license or registration is required by the City or the State as a condition of employment, the City shall reimburse the employee for the amount of the fee for the renewal of such certificate, registration or license, excluding driver’s licenses.

347. Upon mutual agreement employees shall be provided reimbursement and related expenses to attend local professional association meetings, conferences, classes, courses, seminars and other programs to maintain certificates, licenses or registrations required by condition of employment.

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E. PROFESSIONAL ORGANIZATIONS - DEPARTMENTAL MEMBERSHPS

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

Employees assigned to attend educational programs outside of regular work hours shall be compensated at straight time.

349. All represented classes which require a valid license registration or certificate shall be allowed a maximum of 40 hours of educational leave with pay per fiscal year to attend formally organized courses, institutes, workshops or classes which are necessary to achieve the particular classification's recertification or re-licensure.

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ARTICLE V. WORKING CONDITIONS

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A. WORK CLOTHING

350. In the event uniforms are required for any represented class, the City shall provide and maintain such uniforms (including shoes).  Shoe allowances are normally provided on an annual basis, except for employees who receive prior approval for health and safety reasons to replace their shoes in a shorter time period.

351. The City shall continue to provide and maintain uniforms for classes 2453 and 2463.

352. By December 1 of each year, class 2496 shall receive reimbursement with proof of purchase up to $175 annually for any job related clothing or protective gear required by the employer. Class 7444, parking meter repairer, shall receive reimbursement with proof of purchase up to $175 annually for the purchase of job related rain gear.

353. The City shall continue its practice as administered by the Department of Animal Care and Control of up to $200 biennially or $100 annually shoe allowance for classes 3370 and 3372.

354. Effective July 1, 2012, 3372 Animal Care and Control Officers shall be provided up to $250 annually for uniform cleaning and maintenance.

355. For employees in classifications covered by the terms of this MOU, the City agrees to provide prescription safety glasses at a cost not to exceed $200.00 per employee every two (2) years.

Animal Care and Control Armored Vest Program

356. As soon as practicable during the term of the 2024 – 2027 MOU with a target date of December 31, 2024, the Department of Animal Care and Control (ACC) shall provide armored vests to all 3372 Animal Control Officers in accordance with the recommendations of the ad hoc vest selection committee (i.e., Armored Vest Program).

357. On July 1, 2024, the Armored Vest Program will transition to the Labor Management Committee as outlined in Article II. The work of the Armored Vest Program shall be to select a vest, create a pilot and/or permanent program, and develop any related policies as needed.

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B. TOOL INSURANCE

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

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

360. 2. The employee must demonstrate compliance with all of the tool safekeeping rules required by the City at the employee's particular work location.

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

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

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

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

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

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

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

368. 7. The first Ten Dollars ($10.00) of any loss shall be borne by the employee.  A "loss" is defined as the total dollar amount of tools of the employee lost or damaged in one incident.  Approved claims shall be settled by the City paying to the employee the replacement cost of the tool(s) minus Ten Dollars ($10.00).  The City will make its best effort to pay such claims within ninety (90) calendar days.

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

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C. EMPLOYEE ASSISTANCE PROGRAM

Employee Assistance Program Advisory Committee

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

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D. PAPERLESS PAY POLICY

DIRECT DEPOSIT OF PAYMENTS

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

372. Under the policy, all employees shall be able to access their pay advices electronically on a password protected site, and print them in a confidential manner, using City Internet, computers and printers.  Such use of City equipment shall be free of charge to employees, is expressly authorized under this section of the Agreement, and shall not be considered “inappropriate use” under any City policy.  Pay advices shall also be available to employees on a password protected site that is accessible from home or other non-worksite computers, and that allows the employees to print the pay advices.  Employees shall receive assistance to print hard copies of their pay advices through their payroll offices upon request.  Upon implementation of the policy, other than for employees described in the preceding sentence, paper pay advices will no longer be available through Citywide central payroll distribution.

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

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

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

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

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

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

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

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ARTICLE VI. HEALTH AND SAFETY

379. The City acknowledges its responsibility to provide a safe and healthful work environment for City employees.  Adequate staffing shall be considered a safety issue where employees deal directly with animals, i.e. 3320, 3370 and 3372.

380. When an employee, in good faith, believes that a hazardous or unsafe condition exists, and that continuing to work under such conditions poses risks beyond those normally associated with the nature of the job, the employee shall so notify the Department's Safety Committee and/or Safety Officer.  If the Department agrees the assignment is hazardous or unsafe, the employee shall be reassigned, if possible, until the hazard is eliminated.  If there is no concurrence, the matter may be submitted to the Grievance Procedure at Step 3 for final resolution.  The employee's assignment shall be continued until the dispute is resolved.  Employees may be relieved of tasks which pose a threat to their health or safety provided the tasks are not essential functions of the jobs.

381. Each department shall have a Health and Safety Committee with a representative from the Union.

382. The Department of Animal Care & Control supports the Union’s request for a security guard to be on the premises seven days a week (during regular business hours), and agrees to request the necessary funding for security guard position(s) in the annual budget process.

Video Display Equipment Working Conditions

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

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

385. 1. Eye Examinations.  The City and the Union agree that the subject of eye examinations for employees required to use video display equipment should by referred to the Joint Labor-Management Health & Safety Committee for review.

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

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

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

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

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

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

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

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

Right to Know

394. Material Safety Data sheets shall be available for inspection by employees or their Union representative.

Substance Abuse Prevention Policy

395. Attached as Appendix A is the Substance Abuse Prevention Policy (SAPP).  Appendix A will be implemented after acquisition of a vendor to provide oral fluid testing.

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ARTICLE VII. IMPLEMENTATION AND TERM OF AGREEMENT

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A. MEET AND CONFER/SCOPE OF AGREEMENT

396. 1. Except in cases of health and safety emergencies or as otherwise provided in this MOU, the City shall give reasonable written certified notice to the Union of proposed changes directly relating to matters within the scope of representation as specified in Government Code Section 3504.5 not contained in this agreement.  The Union shall be provided with the opportunity to meet and confer with regard to any such proposed change should it desire to do so.

397. In cases of health and safety emergencies when the City determines that a proposed change as described herein must be adopted immediately without prior notice or meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such change.

398. 2. If the Union does not respond within ten (10) working days from the date of mailing of written notification of a proposed change as described in Paragraph 1 hereof, the Union shall be deemed to have waived its opportunity to meet and confer on the proposed change.

399. 3. If the Union timely requests the opportunity to meet and confer as provided herein, the City agrees to meet and confer with the Union over such proposed change or changes within ten (10) days of receipt of such timely request, unless a longer period of time is mutually agreed upon, in order freely to exchange information, opinions and proposals and to endeavor to reach agreement on the proposed change or changes.

400. 4. This Memorandum sets forth the full and entire understanding of the parties regarding the matters set forth herein.  This Memorandum may be modified, but only in writing, upon the mutual consent of the parties and ratification by the Board of Supervisors.  

401. 5. This provision is not intended to bar any grievance submitted in accordance with the terms of this MOU.

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B. SAVINGS CLAUSE

402.    Should a court or administrative agency declare any provision of this Agreement invalid, inapplicable to any person or circumstance, or otherwise unenforceable, the remaining portions of this Agreement shall remain in full force and effect for the duration of the Agreement.  In the event of such determination the parties agree to immediately meet and confer in an attempt to agree upon a provision for the invalidated portion which meets with the precepts of the law.

C. DURATION OF AGREEMENT

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

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

FOR THE CITY

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

FOR THE UNION

• Peter Finn, Secretary Treasurer
• Mark Leach, Labor Representative

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

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

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APPENDIX A – SUBSTANCE ABUSE PREVENTION POLICY

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1. MISSION STATEMENT

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

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

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

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2. POLICY

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

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

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3. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

s. “Parties” means the City and County of San Francisco and the Teamsters, Local 856 Multi-Unit.

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

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

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

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

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

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

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

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

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

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4. COVERED CLASSIFICATIONS

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

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5. SUBSTANCES TO BE TESTED

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

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

b. Prescribed Drugs or Medications.  

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

1. Upon receipt of a signed release from the Covered Employee’s licensed healthcare provider, the department representative may consult with Covered Employee’s healthcare provider to confirm specific job duties that the employee can perform while on prescribed medication.  If the employee’s healthcare provider is not readily available, or none is given, the department representative may consult with any City-licensed healthcare provider before making a final determination whether the employee may perform their job functions.  However, if an employee, at the time of notification, brings in a medical note from the healthcare provider who prescribed the medication clearing the employee to work, then the City shall not restrict that employee from performing their job functions.
2. If a Covered Employee is temporarily unable to perform their job because of any potential side effects caused by prescribed medication, the employee shall be reassigned to perform a temporary modified duty assignment consistent with the employee’s medical restrictions without loss of pay until either the employee is off the prescribed medication or is cleared by a licensed healthcare provider.  This temporary modified duty reassignment shall last for a period of no more than thirty (30) working days.  If, after thirty (30) working days, the employee is still on said medication and/or has not been cleared by a licensed healthcare provider to return to work without restrictions, the City may extend the temporary modified duty assignment for a period not to exceed thirty (30) working days, provided that the healthcare provider certifies that the employee is reasonably anticipated to be able to be able to return to work without restrictions after that thirty (30) day period.  Employees who are unable to return to work under this provision shall be referred to the Department’s human resources representative designated to engage with employees regarding possible reasonable accommodation under state and federal disability laws.

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6. TESTING

I. Reasonable Suspicion Testing

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

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

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

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

II. Post-Accident Testing

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

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

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

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

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

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7. TESTING PROCEDURES

I. Collection Site

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

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

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

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

d. Alcohol and drug testing procedures.  

1. Alcohol Testing Procedure.  Tests for alcohol concentration on Covered Employees will be conducted with a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT).  Alcohol tests shall be by breathalyzer using the handheld Alco-Sensor IV Portable Breath Alcohol Analyzer device, or any other U.S. Department of Transportation (DOT) approved breath analyzer device.  
2. Drug Testing Procedure.  Tests for drugs shall be by oral fluid collection.  The oral fluid specimens shall be collected under direct visual supervision of a Collector and in accordance with the testing device manufacturer’s recommended procedures for collection.  Screening results may be provided by the Collector or by a laboratory.  Confirmation tests shall be conducted at a laboratory.
3. The Covered Employee being tested must cooperate fully with the testing procedures.
4. A chain of possession form must be completed by the Collector, hospital, laboratory and/or clinic personnel during the specimen collection and attached to and mailed with the specimens.

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

II. Laboratory

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

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

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

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

III. Medical Review Officer (MRO)

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

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

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

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

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

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

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

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

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8. RESULTS

a. Substance Abuse Prevention and Detection Threshold Levels. 

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

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

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

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

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

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

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

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

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

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

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

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

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EXHIBIT A

CONSEQUENCES OF A POSITIVE TEST/OCCURRENCE

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

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EXHIBIT B

REASONABLE SUSPICION REPORT FORM

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

~Please print information~

Employee Name:        

Department:         

Division and Work Location:

Date and Time of Occurrence:

Incident Location:        

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

Smells of Alcohol

Smells of Marijuana

Observed Consuming/Ingesting Alcohol or Drugs at work.
 

Section II - Contemporaneous Event Indicating Possible Drug or Alcohol Impairment at Work: 

(Check all that apply)

1. SPEECH:

• Incoherent/Confused
• Slurred

2. BALANCE:

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

3. AWARENESS:

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

4. APPEARANCE:

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

 

Section III – NARRATIVE DESCRIPTION

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

~Please print information~

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

Section IV

In addition to completing the narrative in Section III above:

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

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

Print name of first on-site Supervisor Employee Representative:      

Signature:  

DATE:

Print name of second Supervisor Employer Representative:

Signature:

DATE: 

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APPENDIX 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 or employees new to the unit. 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 or employees new to the unit 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 or employee’s new to the unit regular schedule is outside of a scheduled NEO, the Department may make a one-time adjustment to the employee’s work schedule in order to accommodate this requirement.

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

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

C. Notice

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

2. Notice of Schedule: For any NEO that takes place on a regular, recurring schedule, the sponsoring Department shall be responsible for providing annual notice to the Union. For NEOs that are not offered on a regular, recurring schedule, the sponsoring Department shall provide no less than ten (10) business days’ notice. Said notices shall be provided by email, to the Union NEO Coordinator. This requirement shall apply to all NEOs in which City personnel provide newly-hired employees or employees new to the unit 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 and employees new to the unit 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 or employees new to the unit 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 or employees new to the unit 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 thirty (30) 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 forty-five (45) 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 and employees new to the unit to the extent it is made available to the City. In addition, within ten (10) business days of the conclusion of each NEO, the City agrees to provide the Union with a stand-alone report containing a list of employees, including classification code and division, who were scheduled to, but did not attend each NEO.

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

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ATTACHMENT A

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

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ATTACHMENT B

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

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Side Letter Agreement to the Collective Bargaining Agreement Between the City and County of San Francisco and International Brotherhood of Teamsters, Local 856

Section III.N. Retirement of the Agreement between the City and the Union provides that in addition to paying any required employee retirement contribution, bargaining unit members in CalPERS shall make a mandatory contribution to the effectuate San Francisco Charter Section A8.590-9 (the "Prop. C Contribution"). The City has notified the Union and employees represented by the Union that from July 1, 2017 to April 19, 2019, the City under-deducted employees' Prop. C Contributions by 1.0%. The City has calculated that employees represented by the Association owe a total of Twenty-One Thousand, Nine Hundred and Forty-Seven Dollars, and Sixty-Four Cents ($21,947.64) (the "Unpaid Prop. C Contributions"). As part of the economic terms reached by the parties in negotiating the successor Agreement to be effective July 1, 2019, the City has agreed to waive collection of the Unpaid Prop. C Contributions. This Unpaid Prop. C Contribution is recognized as a cost to the City in the successor Agreement. 

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Side Letter Re: 2463 Microbiologist I/II Classification Study

No later than September 3, 2024, the Union and the City shall establish a committee to review the duties and responsibilities of the 2463 Microbiologist I/II classification. The City shall also conduct a review of the 2463 Microbiologist I/II classification’s designation as exempt (“Z” symbol) under the Fair Labor Standards Act (FLSA). 

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