Transport Workers' Union, Local 200 (July 1, 2024 to June 30, 2027)

1. This Collective Bargaining Agreement (herein referred to as "CBA"), has been developed jointly by the Employee Relations Division, Department of Human Resources under the authority of the Office of the Mayor, the San Francisco Board of Supervisors (hereinafter referred to as "BOARD"), and the Transport Workers Union of America, AFL-CIO, Local #200 (hereinafter referred to as "LOCAL 200").

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ARTICLE I - REPRESENTAION

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1.A. RECOGNITION

2. The City acknowledges that LOCAL 200 has been certified as the recognized employee representative pursuant to the provisions of the Employee Relations Ordinance for the following classifications and bargaining units:

• 1773 Media Training Specialist
• 7412 Automotive Services Worker Assistant Supervisor
• 9155 Claims Investigator
• 9156 Senior Claims Investigator
• 9157 Claims Adjuster
• 8126 Senior Investigator, Department of Police Accountability
• 9144  Investigator, Taxi and Accessible Services

3. The terms and provisions of this CBA shall be automatically applicable to any classification which is accreted to an existing unit covered by this CBA during its term.  This Agreement shall not automatically extend to new bargaining units for which LOCAL 200 has gained representation or established a representative status through affiliations or service agreements. Said employees covered by the terms and provisions of this CBA are hereinafter referred to as “EMPLOYEE(S),” singular or plural as the context so indicates.

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I.B. INTENT

4. The Mayor in consultation with the Board of Supervisors, and LOCAL 200 have negotiated this agreement in accordance with Section A8.409, et seq. of the San Francisco City Charter.

5. It is the intent of the parties signatory hereto that the provisions of this CBA, upon ratification by the members of LOCAL 200, shall bind LOCAL 200 and its members.

6. It is the intent of the parties signatory hereto that the provisions of the CBA, upon ratification by the BOARD as to those matters within the BOARD's legal authority, shall bind the agencies of the City and County of San Francisco (hereinafter referred to as "CITY"), including any CITY department (“Department”) employing individuals covered by this Agreement.

7. The terms and conditions of employment for EMPLOYEES covered by this CBA shall be governed by the terms and conditions established by CITY Charter provisions, ordinances of the BOARD, relevant rules of the CSC and by the terms and conditions of employment set forth in this CBA.

8. In the event provisions of this CBA are in conflict with the foregoing authorities, provisions of this CBA shall prevail to the fullest extent legally possible.  Unless an existing ordinance, resolution, rule or regulation is specifically discussed and changed, deleted, or modified by the terms of this CBA, said ordinance, resolution, rule or regulation shall be deemed to remain in full effect.  If specific provisions of the CBA provide greater rights than the law, those provisions of the CBA will prevail.

9. Duty to Meet & Confer.  Pursuant to the provisions of the Meyers-Milias-Brown Act, as amended, the CITY agrees to meet & confer, as required by law with LOCAL 200 in advance regarding any proposed changes in working conditions within the scope of representation including but not limited to the bargainable impacts on EMPLOYEES of: changes in management structure, the process for the fair and equitable selection of training candidates, the scheduling of operations, reorganization plans, staffing, the prioritization of work assignments in the face of cutbacks in staffing, changes in overtime recording procedures.  The CITY shall attempt to provide any proposed changes to LOCAL 200 in writing within fifteen (15) days before said changes are to go into effect (emergencies excepted).  Within five (5) days of the receipt of the notice of proposed changes, LOCAL 200 may request, in writing, a meeting and/or present the Department with any comments and suggestions it may have in writing concerning the proposed changes.  The Department shall reply, in writing, within ten (10) days by scheduling a meeting, if so requested by LOCAL 200, and by responding to LOCAL 200’s written comments.

10. As provided within the Charter, any matter not resolved by the parties through meet & confer during the term of this Agreement may not be submitted to arbitration.  However, if the parties are unable to resolve any differences on the aforementioned issues, either party may request that the matter be considered by the Joint Labor Management Board. 

11. The Employee Relations Division will be advised of and coordinate, if necessary, all meet & confer and be available to assist so that all provisions in the CBA will be followed.

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I.C. NO STRIKE PROVISION

12. The Union and each member of the bargaining unit covenant and agree not to initiate, engage in, cause, instigate, encourage or condone a strike, work stoppage, slowdown, or absenteeism.  The Union and each member of the bargaining unit covenant and agree not to engage in any form of sympathy strike including, but not limited to, observing or honoring the picket line of any other union or person.

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I.D. OBJECTIVE OF THE CITY

13. The most efficient, effective and courteous delivery of CITY services is of paramount importance to the CITY and its EMPLOYEES, and is recognized to be a mutual obligation of the parties to this CBA within their respective roles and responsibilities.

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I.E. MANAGEMENT RIGHTS

14. Except as otherwise provided in this Agreement, in accordance with applicable state laws, 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.

15. 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 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.

16. It is understood and agreed that except as specifically set forth in this agreement the CITY retains all of its powers and authority to manage municipal services and the work for performing those services.

17. The exercise of these rights shall not be subject to the grievance procedure.  However, the exercise of such rights does not preclude EMPLOYEES from utilizing the grievance procedure to process grievances regarding the practical consequence of any such actions on wages, hours, benefits or other terms and conditions of employment specified in this Agreement.

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I.F. STEWARDS

18. LOCAL 200 may select one steward and/or alternate steward in each department or facility in which EMPLOYEES covered by this CBA are working.  A steward shall only deal with grievances within or related to the steward's department, bureau or facility.

19. Once per year, upon request of the CITY, LOCAL 200 shall furnish the CITY with an accurate list of shop stewards. LOCAL 200 may submit amendments to this list at any time because of the permanent absence of a designated shop steward. If a shop steward is not officially designated in writing, by Local 200, none will be recognized.

20. LOCAL 200 and the CITY recognize that it is the responsibility of the shop steward to assist in the resolution of grievance or disputes at the lowest possible level. 

21. While handling grievances, discipline, or meeting with the CITY representatives concerning matters affecting the working conditions and status of EMPLOYEES covered by this CBA, one shop steward shall be allowed time off during normal working hours to perform such duties without loss of pay; provided, however, that time off for investigation shall be reasonably related to the difficulty of the grievance.  No steward shall leave the duty or work station or assignment without specific approval of the EMPLOYEE's department head or other authorized manager.  Such release time for the shop steward shall not be unreasonably denied.

22. If, in the judgment of the supervisor, permission cannot be granted immediately to the shop steward to investigate or present a grievance during on duty time, such permission shall be granted by the supervisor no later than the next working day from the date the shop steward was denied permission, unless the parties agree to an alternative time. 

23. In handling grievances or disciplinary matters, the shop steward shall have the right to:

24. 1. Consult with the affected EMPLOYEE regarding the presentation of a grievance after the EMPLOYEE has requested the assistance or presence of the shop steward. 
    
25. 2. Present to a supervisor a grievance, which has been requested by an EMPLOYEE or group of EMPLOYEES, for resolution or adjustment.

26. 3. Investigate any such grievance so that such grievance can be properly discussed with the supervisor or the designated representative.

27. 4. Attend meetings with supervisors or other City representatives when such meetings are necessary to adjust grievances or represent EMPLOYEES in disciplinary matters.  In scheduling meetings, due consideration shall be given to the operating needs and work schedules of the department, division, or section in which the EMPLOYEES are employed.  Release time for the shop steward shall not be unreasonably denied. 

28. In emergency situations, where immediate disciplinary action may be taken because of violation of law or a CITY or departmental rule (theft, etc.), the shop steward shall, if possible, be granted immediate permission to leave the shop steward’s post of duty to assist the EMPLOYEE. 

29. Shop stewards shall not interfere with the work of any employee.

30. Stewards shall receive timely notice of departmental orientation sessions, and shall be permitted to make appearances at departmental orientation sessions, in order to distribute LOCAL 200 materials and to discuss EMPLOYEE rights and obligations under this CBA.  LOCAL 200 and the Department may agree to other arrangements for contact between stewards and new EMPLOYEES.

31. EMPLOYEE Representatives.  Pursuant to the Meyers-Milias-Brown Act and Employee Relations Ordinance, a reasonable number of stewards or other designated EMPLOYEES may attend during working hours with no loss of pay, meetings scheduled with representatives of the Appointing Officer for the purpose of negotiations and meeting and conferring on terms and conditions of employment, and may participate in the discussions, deliberations and decisions at such meeting. 

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I.G. GRIEVNACE PROCEDURE & THE DISCIPLINE PROCESS

32. 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. 
    
33. 1. Definition. A Grievance shall be defined as any dispute which involves the interpretation or application of, or compliance with this agreement, including discipline and discharge of EMPLOYEES.

34. CSC Rule “Carve-outs” are not subject to the grievance procedure nor may be submitted to arbitration.

35. Written reprimands are not subject to the grievance procedure, provided however, that employees shall be entitled to submit a written rebuttal to any written reprimand within fourteen (14) calendar days from the date of the reprimand. The City will include any timely rebuttal in the employee's official personnel file with the reprimand.

36. 2. Time Limits. The time limits set forth herein may be extended by agreement of the parties. Any such extension must be for a specifically stated period of time and confirmed in writing.  In the event a grievance is not filed or appealed in a timely manner it shall be deemed withdrawn.  Failure of the City to timely reply shall authorize LOCAL 200 to appeal the grievance to the next step in the Grievance Procedure. 

37. 3. Economic Claims. In no event shall a grievance include a claim for monetary relief for more than a thirty (30) calendar day period prior to the filing of a grievance, nor shall an arbitrator award such monetary relief.  Though the resolution of disputes outside the Grievance Procedure is desired, it is understood by LOCAL 200 that, in order to preserve its claims for monetary relief, it will file a grievance upon having knowledge of the aggrieved event and, should resolution outside the Grievance Procedure appear probable, request an abeyance of the Grievance Procedure time limits, as set forth in section 2, above.  The City will not unreasonably refuse a request for abeyance where settlement of an economic claim appears probable.

38. 4. Grievance Initiation.

39. a. A grievance affecting more than one EMPLOYEE shall be filed with the management official having authority over all EMPLOYEES affected by the grievance.  Grievances must be filed in writing on a Union Grievance Form.  The grievance will set forth the facts of the grievance, the terms and conditions of the Agreement claimed to have been violated, misapplied or misinterpreted, and the remedy or solution being sought by the grievant. 

40. b. Only LOCAL 200 shall have the right on behalf of a disciplined or discharged EMPLOYEE to appeal the discipline or discharge action.  
    
41. 5. Steps of the Procedure.  An EMPLOYEE shall discuss the grievance informally with the employee’s immediate supervisor, provided the grievance is not a discrimination or retaliation claim against that supervisor, and try to work out a satisfactory solution in an informal manner as soon as possible, but in no case later than seven (7) calendar days from the date of the occurrence of the act or the date the grievant might reasonably have been expected to have learned of the alleged violation being grieved.  The grievant may have a LOCAL 200 representative present.

42. a. Step 1 (Immediate supervisor level).  If the grievance is not resolved within seven (7) calendar days after informal discussion with the immediate supervisor, the grievant will submit the grievance in writing to the immediate supervisor no later than thirty (30) calendar days after the facts or event giving rise to the grievance.  Claims alleging sexual harassment may be filed within four (4) months.  The grievance will be submitted on a mutually agreeable grievance form.  The grievance will set forth the following:

43. i. 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;

44. ii. terms and conditions of this Agreement claimed to have been violated, misapplied or misinterpreted; and

45. iii. the remedy or solution being sought by the grievant.

46. The intermediate/departmental supervisor shall respond in writing within seven (7) days following receipt of the written grievance.
    
47. b. Step 2 (Appointing Officer level).  A grievant dissatisfied with the supervisor's response at Step 1 may appeal to the Appointing Officer, or its designee, in writing, within ten (10) calendar days of receipt of the Step 1 answer. The Step 2 grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step. The Appointing Officer, or its designee, may convene a meeting within fifteen (15) calendar days with the grievant and the LOCAL 200 representative.  The Appointing Officer, or its designee, shall respond in writing within fifteen (15) calendar working days of the meeting or receipt of the grievance, whichever is later.

48. c. Step 3 (Employee Relations Division level).  If LOCAL 200 is dissatisfied with the Appointing Officer's response at Step 2, only LOCAL 200 may appeal to the Director, Employee Relations, or its designee (“ERD”), in writing, within fifteen (15) calendar days of receipt of the Step 2 answer. The Step 3 grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step. The grievance shall contain copies of all earlier correspondence and materials reviewed at the earlier steps.  ERD may convene a grievance meeting fifteen (15) calendar days with the grievant, and/or LOCAL 200.

49. 1) Disciplinary Grievances. ERD shall have fifteen (15) calendar days after the receipt of the written grievance or if a meeting is held, fifteen (15) days after the meeting, whichever is later, to review and seek resolution of the grievance and respond in writing.

50. 2) Contract Grievances.  ERD shall have thirty (30) calendar days after the receipt of the written grievance, or if a meeting is held, thirty (30) calendar days after the meeting, whichever is later, to review and seek resolution of the grievance and respond in writing.

51. 6. Arbitration (Step 4). If LOCAL 200 is dissatisfied with the Step 3 response it may appeal by submitting a request for arbitration to the ERD director, in writing, within thirty (30) calendar days of its receipt of the Step 3 response. The City and LOCAL 200 must commence selecting the arbitrator and scheduling the arbitration within thirty (30) calendar days of LOCAL 200’s receipt of ERD’s letter acknowledging Local 200’s letter moving the matter to arbitration.

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

53. 7. Expedited Arbitration. Suspensions of fifteen (15) days or less shall be processed through an Expedited Arbitration proceeding.  By written mutual agreement entered into during Step 3 of the Grievance Procedure, the parties may submit other grievances to the Expedited Arbitration process.

54. a. Selection of the Arbitrator for Expedited Arbitration. The parties will first attempt to mutually agree on an arbitrator within ten (10) calendar days of the invocation of Expedited Arbitration.  If the parties are unable to agree on a selection within the ten (10) calendar days, either party may request a list of seven (7) appropriately experienced arbitrators from the California State Mediation and Conciliation Service (CSMCS).  As a condition of appointment to the CSMCS panel, each of the panelists must certify that they will be available to hear the Expedited Arbitration in not greater than thirty (30) calendar days from their selection.

55. The parties will alternately strike panelists until a single name remains.  Should the remaining panelist be unable to preside over the Expedited Arbitration within thirty (30) calendar days, the last name stricken from the panel will be contacted, and continuing, if necessary, in reverse order of the names being stricken, until a panelist is selected who can preside over the Expedited Arbitration within thirty (30) calendar days.  Whether LOCAL 200 or the City strikes the first name in the alternating process shall be determined by lot.

56. b. Proceeding. No briefs will be used in Expedited Arbitration. Testimony and evidence will be limited consistent with the expedited format, as deemed appropriate by the arbitrator.  There will be no court reporter or transcription of the proceeding, unless either party or the arbitrator requests one.  At the conclusion of the Expedited Arbitration, the arbitrator will make a bench decision.  Every effort shall be made to have a bench decision followed by a written decision.  Expedited arbitration decisions will be non-precedential except in future issues regarding the same EMPLOYEE.

57. c. Costs. Each party shall bear its own expenses in connection with the presentation of its case.  All fees and expenses of the arbitrator shall be borne and shared equally by the parties.  The costs of a court reporter and the transcription of the proceeding, if any, shall be paid by the party requesting such, unless requested by the arbitrator, which will then be borne and equally shared by the parties.  In the event that an Expedited Arbitration hearing is canceled resulting in a cancellation fee, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless the parties agree otherwise.

58. 8. Arbitration Procedure (not Expedited Arbitration).  

59. a. Selection of an Arbitrator. The parties will first attempt to mutually agree on an arbitrator within ten (10) calendar days of the invocation of Arbitration.  If the parties are unable to agree on a selection within the ten (10) calendar days, either party may request a list of seven (7) appropriately experienced arbitrators from the California State Mediation and Conciliation Service (CSMCS).  The parties will alternately strike panelists until a single name remains, and the selected arbitrator will be contacted.  If that arbitrator is unavailable, then the arbitrators will be contacted in reverse order of the names being stricken until a panelist is selected.  Whether LOCAL 200 or the City strikes the first name in the alternating process shall be determined by lot.

60. b. Authority of the Arbitrator (both regular and expedited).  The decision of the arbitrator shall be final and binding, unless challenged under applicable law.  The arbitrator shall have no authority to add to, ignore, modify or amend the terms of this Agreement.

61. c. Costs of Arbitration. The direct expenses of the arbitration including the fees and expenses of the arbitrator shall be borne and shared equally by the parties.  The costs of a court reporter and the transcription of the proceeding, if any, shall be paid by the party requesting such, unless requested by the arbitrator, which will then be borne and equally shared by the parties.  In the event that an arbitration is canceled resulting in a cancellation fee, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless the parties agree otherwise, which shall not be unreasonably withheld.
    
62. d. Hearing Dates and Date of Award. Except for the Expedited Arbitration procedure described above, hearing dates shall be scheduled within thirty (30) calendar days of selection of an arbitrator or on the next practicable date mutually agreeable to the parties. Awards shall be due, in writing, within thirty (30) calendar days following the receipt of closing arguments.  As a condition of appointment to the permanent panel, arbitrators shall be advised of this requirement and shall certify their willingness to abide by these time limits.

63. 9. The Discipline Process. The City shall have the right to discipline any non-probationary permanent EMPLOYEE, temporary civil service EMPLOYEE, or provisional EMPLOYEE upon completion of twelve (12)-months service, for just cause.

64. As used herein "discipline" shall be defined as written reprimands, written warnings, discharge, suspensions and disciplinary demotion. In lieu of an unpaid suspension, the City may, at its option, impose a temporary reduction in pay by reducing an employee’s pay by five percent (5%) or to the next lower pay step.  The duration of such pay reduction shall depend on the seriousness of the offense.  However, the cumulative loss in pay associated with any single implementation of this provision shall not exceed the value of a 30-day unpaid suspension.

65. EMPLOYEES who are released or disciplined during their initial probationary period or during any probationary period established by this CBA, may appeal the release or discipline provided that the grounds for the grievance or appeal shall be limited to a claimed violation of Article II.A.  In such an appeal the EMPLOYEE shall bear the burden of proof with respect to the claimed violation. 

66. No interview of an EMPLOYEE that may result in disciplinary action or at which discipline is to be imposed will be undertaken unless the EMPLOYEE is first advised of the right to representation.  If requested by the EMPLOYEE, such representation must be secured within the succeeding twenty-four (24) hour period, excluding holidays and weekends.  If the EMPLOYEE does not secure representation within such period, the right is waived.

67. Suspensions, disciplinary demotions and discharges of non-probationary permanent EMPLOYEES, temporary civil service EMPLOYEES, or provisional EMPLOYEES with twelve (12)-months service, shall be subject to the following procedure:

68. a. The basis of any proposed discipline shall be communicated in writing to the EMPLOYEE and to LOCAL 200 no later than twenty-one (21) calendar days after management has attained findings on the event or occurrence which is the basis of the discipline, or the offense will be deemed waived.

69. b. Except in emergency situations, where immediate disciplinary action must be taken because of a violation of law or a City or department rule (theft, etc.), no disciplinary action can be taken without first providing the EMPLOYEE and LOCAL 200 with the written charges and the materials upon which the charges are based.

70. c.  The EMPLOYEE and the EMPLOYEE’s representative shall be afforded a reasonable amount of time to respond, either orally at a meeting (“Skelly hearing”), or in writing, to the management official designated by the City to consider the reply.  Should the EMPLOYEE and the EMPLOYEE’s representative elect to respond orally at a Skelly hearing, the Department will notify the parties, in writing, at least five (5) calendar days in advance of the meeting, unless mutually agreed otherwise by the parties.  LOCAL 200 shall have the right to be present at the Skelly hearing.  The EMPLOYEE and the EMPLOYEE’s representative may present any relevant oral/written testimony and other supporting documentation as part of the EMPLOYEE’s response.

71. Individuals who may have direct knowledge of the circumstances relating to the discipline may be present at the request of either party at the hearing.  In the case of City employees giving relevant oral testimony, they shall be compensated at an appropriate rate of pay for time spent.

72. d. The EMPLOYEE shall be notified in writing of the decision based upon the information contained in the written notification, the EMPLOYEE's statements, and any further investigation occasioned by the EMPLOYEE's statements.  The EMPLOYEE's representative shall receive a copy of this decision.

73. e. Progressive Discipline: For most offenses, management is expected to use a system of progressive discipline under which the EMPLOYEE is given increasingly more severe discipline each time an offense is committed.  Management is not bound by progressive discipline in cases of serious offenses where no specific warning or prior disciplinary action need precede separation for cause.  A common pattern may include oral warning, written warning, suspension, and finally, separation for cause.

74. 10. Termination Grievance

75. a. For terminations, grievances are to be initiated at Step 3 with the Employee Relations Director or designee.

76. b. The parties will use their best efforts to schedule arbitration hearings for termination grievances within ninety (90) calendar days of the appeal from ERD’s decision. The parties will agree in advance on a standing arbitrator or panel of arbitrators to hear termination grievances.

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I.H. UNION SECURITY

1. Authorization for Deductions

77. a. The Union shall submit any request to initiate, change, or cancel deductions of Contributions from represented employees’ pay according to the Controller’s “Union Deductions Procedure” (“Procedure”), which the Controller may amend from time to time with reasonable notice to the Union.  “Contributions” as used in this Section I.H mean 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.

78. 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.

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

80. 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.

81. 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.

82. 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.

83. 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.  

84. 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. Union Access

85. The Union shall have reasonable access to all work locations to verify compliance with the terms and conditions of this Agreement and for the purpose of discussing matters within the scope of representation, provided that the work of the employee and service to the public are not unduly impaired, and will be subject to the rules below, as well as any rules as may be agreed to by the department and the Union.

86. Union representatives have a reasonable right of access to employees and non-work areas (bulletin boards, employee lounges and break rooms) and to hallways.

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

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

89. 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.

3. Indemnification

90. The Union shall indemnify, hold harmless, and defend the City against any claim, including but not limited to any civil or administrative action, and any expense and liability of any kind, including but not limited to reasonable attorney’s fees, legal costs, settlements, or judgments, arising from or related to the City’s compliance with this Section I.H. The Union shall be responsible for the defense of any claim within this indemnification provision, subject to the following: (i) the City shall promptly give written notice of any claim to the Union; (ii) the City shall provide any assistance that the Union may reasonably request for the defense of the claim; and (iii) the Union has the right to control the defense or settlement of the claim; provided, however, that the City shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense; and provided further that the Union may not settle or otherwise resolve any claim or action in a way that obligates the City in any manner, including but not limited to paying any amounts in settlement, taking or omitting to take any actions, agreeing to any policy change on the part of the City, or agreeing to any injunctive relief or consent decree being entered against the City, without the consent of the City.  This duty to indemnify, hold harmless, and defend shall not apply to actions related to compliance with this Section I.H brought by the Union against the City. This subsection 3 shall not apply to any claim against the City where the City failed to process a timely, properly completed request to change or cancel a Contributions deduction, as provided in subsection 1

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I.I. GENERAL INFORMATION

91. As provided under paragraph 165, Section III.D. Recordation of Overtime the Department shall maintain all records of overtime worked by EMPLOYEE(s) in their respective divisions/departments.  Copies of said records shall be made available to the representative of LOCAL 200 upon request.

92. Notice of Occurrence of Industrial Accidents.  Timely notice of the occurrence of an injury to any EMPLOYEE sustained in the course of the employee’s employment shall be given to LOCAL 200.  Information supplied may include the date of the accident or injury, corrective action taken, current status of EMPLOYEE, and the work location of the accident or injury.  When an EMPLOYEE is hospitalized, LOCAL 200 will be notified by telephone.

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ARTICLE II - EMPLOYMENT CONDITIONS

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II.A. NON DISCRIMINATION

93. The CITY and LOCAL 200 agree that this Agreement shall be administered in a nondiscriminatory manner.  Specifically, no person covered by this Agreement shall be discriminated against because of race, color, creed, religion, sex, sexual orientation, gender identity, national origin, physical or mental disability, age, political affiliation or opinion or LOCAL 200 membership or activity.  Discrimination as used herein shall mean discrimination as defined by Title VII of the 1964 Civil Rights Act, as amended, the Civil Rights Act of 1991, the California Fair Employment and Housing Act, the Americans with Disabilities Act, the California and United States Constitutions, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1866, Meyers-Milias-Brown Act and any other laws and regulation relating to employment discrimination.

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II.B AMERICANS WITH DISABILITIES ACT

94. The parties agree that they are required to provide reasonable accommodations for persons with disabilities in order to comply with the provisions of the Americans with Disabilities Act, the Fair Employment and Housing Act, and all other applicable federal, state and local disability anti-discrimination statutes and further agree that this agreement will not be interpreted, administered or applied in any manner which is inconsistent with said Act.  The CITY reserves the right to take any action necessary to comply therewith.

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II.C. PERSONNEL FILES AND OTHER PERSONNEL MATTERS

95. There shall be maintained only one official personnel file for an EMPLOYEE, and the EMPLOYEE shall have access to the file to review the file during normal working hours, upon reasonable request. The personnel files for EMPLOYEES covered by this CBA shall be maintained at the Personnel Office.

96. No material may be entered into the official personnel file without knowledge of the EMPLOYEE and a copy being given to the employee. An EMPLOYEE will have the option to sign, date and attach a response to material entered in the personnel file within thirty (30) days of the employee having knowledge of the entry. At the request of the employee, materials relating to disciplinary actions which are three (3) or more years old shall be sealed to the extent permissible by law, provided that there has been no reoccurrence of the conduct on which the discipline was based during that period. The envelope containing the sealed documents will be retained in the employee’s personnel file and may be opened for the purpose of assisting the City in defending itself in legal or administrative proceedings. The sealed material shall not be used in disciplinary proceedings against the employee.

Discipline resulting from a chemical dependency violation may not be considered for subsequent disciplinary actions after sixty (60) months. Subject to the approval of the Civil Service Commission, the EMPLOYEE may request, in writing, that any disciplinary documents that may no longer be considered, as described above, be removed from the personnel file.  In addition, this provision shall not apply to employees disciplined for: misappropriating public funds or property, misusing or destroying public property, using illicit drugs or alcohol at work or being under the influence of illicit drugs or alcohol at work; mistreating other persons, (including retaliation, harassment or discrimination of other persons based on a protected class); engaging in acts that would constitute a crime; engaging in acts that present an immediate danger to the public health and safety; or dishonesty, provided that such acts are reasonably related to the employees’ employment.

97. Standards of Performance. LOCAL 200 recognizes the CITY’s right to establish and/or revise performance levels, norms, or standards.  Such standards, developed by usual work measurement procedures, may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each EMPLOYEE or group of EMPLOYEES.

98. EMPLOYEE(s) who work at less than acceptable levels of performance may be subject to disciplinary measures. 

99. Consistent with the Meyers-Milias-Brown Act and Article I.B., herein, the CITY agrees to meet & confer with LOCAL 200 to discuss the effect of an implementation of revised performance levels, norms or standards.  However, EMPLOYEE performance evaluations may not be grieved or submitted to arbitration. 

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II.D. PERSONAL SERVICES CONTRACT

100. Personal Services Contracts. No personal service contracts shall be approved by the CITY for work which normally is, or which can be, performed by EMPLOYEES or eligibles for Civil Service classifications covered by this CBA without first meeting and conferring with LOCAL 200, consistent with Article I.B. herein, and subject to approval of the Civil Service Commission.

101. 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.  

102. If the Union and member of the PEC 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 affected Union, the City shall make available for inspection any and all pertinent background and/or documentation relating to the service contemplated to be contracted out.

103. 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 98.  

104. 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.

105. 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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II.E. EDUCATION AND CAREER DEVELOPMENT

106. Equal Access to Training Opportunities.  Other than training required by management, access to training opportunities shall be provided equitably to all EMPLOYEES who indicate their willingness to participate in such training.  As provided under Article I.B., the Appointing Officer, or its designee, and LOCAL 200's representatives will meet & confer to develop the process for the fair and equitable selection of training candidates.

107. Notice of Training Opportunities.  The Appointing Officer, or its designee, shall post announcements of all training opportunities affecting positions within LOCAL 200's jurisdiction in a mutually agreeable, accessible location.  

108. Review of Training and Promotional Opportunities.  Any EMPLOYEE(s), with the assistance of LOCAL 200, may discuss the issue of training opportunities and future potential promotion with the appropriate representative of the Department.

109. EEO Training.  The Department will offer training to managers and supervisors in the area of equal employment opportunity and discrimination.

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II.F. JOINT COMMITTEES

110. Both Union and management agree that effective communications and collaborative problem-solving is conducive to creating and maintaining a positive work environment.  This in turn enhances employee morale, increases productivity and improves customer service.  The parties agree to establish a new executive level Joint Labor Management Board (“JLMB”).  The JLMB shall consist of an equal number of Union and management representatives to be determined by the parties.  The purpose of the JLMB shall be to provide the parties with a forum for discussion of important non-contractual matters of mutual concern including:  formulation of major management policies that affect the LOCAL 200 membership, the effects of budgetary reductions on the Department system, major restructurings of the Department, EMPLOYEE training and education, professional development and standards, general staffing issues, establishment of new civil service classifications, and health and safety issues.  The JLMB will be charged with acknowledging the topics of concern as enumerated in Article IV.A., herein.  The JLMB shall jointly plan and recommend programs and/or solutions to problems in these areas.  The JLMB shall meet at least quarterly, or on the call of either party.  Matters presented to the JLMB may not be grieved or submitted to arbitration, except as provided by law.  Disciplinary grievances and matters involving the claims of individual EMPLOYEES shall not be presented to the JLMB.  However, the consideration of an issue by the JLMB shall not preclude an EMPLOYEE from pursuing a grievance relating to such issue regarding any action by management that otherwise constitutes a violation of this CBA.  Matters that appear on the agenda and are not resolved after two (2) consecutive meetings shall be dropped from the JLMB, unless continued by mutual agreement.

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II.G. SENIORITY

111. Seniority, for the purpose of this Article, is defined as the length of continuous service determined from the day of certification to a permanent position in a classification as described in Article I.A.

112. EMPLOYEES covered by this CBA permanently promoted to another classification or receiving any non-permanent appointment may retain their seniority in their original classification in case of return to that position within one (1) year.  After one year, promoted employees returning to their original classification shall return to the level of seniority reached at the time of their promotion.

113. Seniority for the purposes of vacation sign-ups shall be computed on the basis of the date of hire with the CITY and County of San Francisco. Where there is more than one EMPLOYEE with the same date of hire, the date of hire in the classification and the position on the Civil Service list shall determine the order for sign-up.

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II.H. PROBATIONARY PERIOD

114. The probationary period, as defined and administered by the Civil Service Commission, shall be 2080 regularly scheduled hours worked, including legal holiday pay (LHP) for all new employees; 1040 regularly scheduled hours worked, including legal holiday pay (LHP) for all promotive appointments; 520 regularly scheduled hours worked, including legal holiday pay (LHP) for all other job changes, including but not limited to transfers and bumping.  The probationary period may be extended by mutual agreement, in writing, between the employee and the Appointing Officer or designee. The City shall give notice to the Union at the time that it seeks to extend an employee’s probationary period.

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II.I. MINIMUM NOTICE FOR DISPLACEMENTS

115. 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 same classification and department for the remainder of the notice period.

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

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

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II.K. SUBSTANCE ABUSE PREVENTION POLICY

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

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ARTICLE III - PAY, HOURS AND BENEFITS

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III.A. WAGES

118. All base wage increases shall be rounded to the nearest whole dollar, biweekly salary for the employees covered by this agreement.  

119. Represented employees shall 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.

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III.B COMPENSATION FOR VARIOUS WORK SCHEDULES

120. Normal Work Schedule.  The normal work day is a tour of eight (8) hours to be completed in nine (9) hours.  The normal work week is a tour of duty on each of five (5) consecutive days. 

121. Any EMPLOYEE(s) may choose to work a daily shift, where such a shift may be offered, consisting of not more than ten (10) hours.  Said EMPLOYEE(s) must then have a tour of duty consisting of four (4) consecutive days of work and three (3) consecutive days off.  Overtime shall be paid for all work in excess of ten (10) hours daily and/or forty (40) hours weekly.

122. 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 payroll period of service consisting of a normal work schedule.   
    
123. For the purpose of computing hours of work, work time will include:  (1) all regularly scheduled work required by the job; (2) in addition to (1), above, all work performed at the request of the EMPLOYEE(s)’ supervisor or manager; (3) time spent by designated representatives of LOCAL 200 in meetings pursuant to Employee Relations Ordinance Section 16.219; (4) time spent by a designated representative of LOCAL 200 representing EMPLOYEE(s) covered by this CBA in the grievance procedure; (5) time spent in court appearances while conducting business related to the Department; (6) time spent on jury duty.

124. An EMPLOYEE who is required to serve on a jury or report to Court for jury duty on the EMPLOYEE’s regular day off shall be considered to have the following Saturday as an assigned day off if the regular day off lost was Monday or Tuesday, and shall be considered to have Sunday as an assigned day off if the regular day off lost was Wednesday, Thursday or Friday.

125. Statutory holidays shall be counted as hours actually worked.

126. All compensation shall be calculated upon the hours actually worked proportionate to the compensation for a normal work schedule. 

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III.C. ADDITIONAL COMPENSATION

127. The CITY and LOCAL 200 agree that the following rates of premium pay shall apply to those positions agreed by the parties to be eligible for premium pay.  All premium pay shall be for hours actually worked.  Premiums shall be calculated against the EMPLOYEE’s base rate of pay and may not be pyramided.

1. NIGHT DUTY

128. EMPLOYEES shall be paid eight and one-half percent (8.5%) more than the base rate for each hour actually worked between 5:00 p.m. and 12:00 a.m. (swing), except for those EMPLOYEES working a normal shift in excess of eight (8) hours per day that requires work between the hours of 5:00 p.m. and 12:00 a.m.  Employees working more than five (5) hours of their regular shift between 5:00 p.m. and 12:00 a.m. shall receive the 8.5% differential for the entire shift.  Night shift premium shall be paid only for days and hours actually worked, as set forth above, except for statutory holidays and vacation days.
    
129. EMPLOYEES shall be paid ten percent (10%) more than the base rate for each hour actually worked between 12:00 a.m. and 7:00 a.m. (graveyard), except for those EMPLOYEES working a normal shift in excess of eight (8) hours per day that requires work between the hours of 12:00 a.m. and 7:00 a.m.  Employees working more than five (5) hours of their regular shift between 12:00 a.m. and 7:00 a.m. shall receive the 10% differential for the entire shift.  Night shift premium shall be paid only for days and hours actually worked, as set forth above, except for statutory holidays and vacation days.

2. STANDBY PAY 

130. EMPLOYEES who, as part of the duties of their positions are required by the Appointing Officer to stand by when normally off duty to be instantly available on call for immediate emergency service for the performance of their regular duties, shall be paid ten (10%) percent of their regular straight time rate of pay for the period of such standby service.  When such EMPLOYEES are called on to perform their regular duties in emergencies during the period of such standby service, they shall be paid while engaged in such emergency service the usual rate of pay for such service as provided herein.  Notwithstanding the general provisions of this section, standby pay shall not be allowed in classes whose duties are primarily administrative in nature.

131. Senior Investigators, classification 8126, may be placed on standby status as part of the officer-involved shooting (“OIS”) team. Employees in classification 8126 shall receive twenty (20%) percent per hour when on OIS standby. OIS standby shall be called “duty week” and commences at 8 a.m. Monday and ends at 8 a.m. the following Monday.

132. EMPLOYEES in classification 9155 and 9156 shall receive twenty-five (25%) percent of their regular straight time rate of pay for standby service.

133. No EMPLOYEE shall be compensated for standby service unless the Appointing Officer or its designee assigns said EMPLOYEE to such standby service.

3. LEAD PERSON PAY

134. Employees shall be entitled to a one dollar and fifty cents ($1.50) per hour premium if authorized in writing by the Appointing Officer or designee to be lead person, and if required and assigned by their supervisor to take the lead on any job and direct the work of at least three other employees in the same classification

4. BILINGUAL PAY

135. Employees appointed 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 one or more non-English languages, including sign language for the hearing impaired and Braille for the visually impaired, will receive a bilingual premium of sixty dollars ($60.00) per pay period.

136. 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.

5. ACTING ASSIGNMENT PAY

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

138. a. the assignment shall be in writing;

139. b. the position to which the EMPLOYEE is assigned must be a budgeted position.

140. c. the EMPLOYEE is assigned to perform the duties of a higher classification for longer than ten (10) consecutive working days or eighty (80) hours.

141. d. Upon written approval by the Appointing Officer or its designee, beginning on the eleventh (11th) day of an acting assignment under this section and retroactive to the first (1st) day of the assignment, an EMPLOYEE shall be paid at a step of the established salary grade of the higher class which is at least five percent (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.  Premiums based on percent of salary shall be paid at a rate which includes out of class pay.

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

143. Where the above requirements are satisfied but an employee does not receive a premium, the employee must file a grievance within thirty days of written notice of the assignment.

6. SUPERVISORY DIFFERENTIAL ADJUSTMENT

144. The Department of Human Resources may adjust the compensation of a supervisory EMPLOYEE whose compensation grade is set herein subject to the following conditions:

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

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

147. The organization is a permanent one approved by the Department, Board or Commission, where applicable, and is a matter of record based upon review and investigation by the Department of Human Resources.

148. 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.

149. 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.

150. The adjustment of the compensation grade of the supervisor shall not exceed five (5%) percent over the compensation exclusive of extra pay, of the EMPLOYEE supervised.

151. If the application of this section adjusts the compensation grade of an EMPLOYEE in excess of the employee’s immediate supervisor, the pay of such immediate supervisor shall be adjusted to an amount one dollar ($1) bi-weekly in excess of the base rate of the supervisor’s highest paid subordinate, provided that the applicable conditions of this section are also met.

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

153. 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 either acted upon by or pending before the Human Resources Director.

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III.D. OVERTIME COMPENSATION & COMP. TIME

154. Overtime and Comp Time Calculation.  Except as set forth in Article III.B., time worked in excess of eight (8) hours per day or forty (40) hours per week shall be designated as overtime and shall be compensated at one-and-one-half times the base hourly rate which may include a night differential if applicable.  EMPLOYEES shall not be entitled to overtime compensation for work performed in excess of specified regular hours until they exceed eight (8) hours per day or forty (40) hours per week; provided that employees, if any, working in an alternative work schedule shall be entitled to overtime as provided by III.B.

155. Overtime shall be calculated and paid on the basis of the total number of straight-time hours actually worked in a day and week except that statutory holidays shall be considered time worked.  Multiple vacation days taken within a scheduled work week shall not be considered as time worked for calculating overtime.  Notwithstanding the above, all mandatory hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be designated as overtime and compensated at one-and-a-half times the base hourly rate.

156. EMPLOYEES occupying Fair Labor Standards Act (“FLSA”) exempt positions, including positions designated by the CITY as “Z” classifications in the Annual Salary Ordinance, shall not be paid for overtime worked but shall be granted compensatory time off at the rate of one-and-one-half hour for each hour worked, only if the overtime worked has been approved in advance. A "Z" classified employee may not accumulate a balance of compensatory time in excess of one hundred and sixty (160) hours.

157. EMPLOYEES covered by the FLSA (non-Z) who are required to work overtime shall be paid at a rate of one and one-half times the regular base rate, unless the employee and the Appointing Officer mutually agree that in lieu of paid overtime, the employee shall be compensated with compensatory time off.

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

159. 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 120 hours calculated at the rate of time and one half.  A Non-“Z” classified employee may carry over no more than eighty (80) hours of compensatory time into the following fiscal year.  

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

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

162. EMPLOYEES working overtime during premium pay time shall receive overtime pay based on the premium rate.    

163. In the absence of operational need to the contrary, overtime shall be distributed on a voluntary, rotational basis.  The rotation shall begin with the most senior qualified employee in the classification, in the unit, and continue down through the seniority list until the list is exhausted, at which point it returns to the top of the list. If an employee cannot be reached or if an employee declines an offer to work an overtime assignment, the rotation wheel will advance to the next employee on the seniority list.

164. Employees placed on sick leave restriction pursuant to Civil Service Rule 120.11 are ineligible for voluntary overtime assignments.

165. Recordation Of Overtime. The Department shall maintain all records of overtime worked by EMPLOYEE(s) in their respective divisions/Departments.  Copies of said records shall be made available to the representative of LOCAL 200 upon request.

166. Overtime Earned (“O.E.”).  When an EMPLOYEE covered by this CBA is transferred from one group to another within Department, the accumulated "overtime earned" time shall be transferable by the EMPLOYEE to be used in the new position.

167. 1) EMPLOYEES wishing to use OE time must submit the request for the time off in writing not later than 12 noon of the fifth working day preceding the EMPLOYEE'S regular start of shift of the day for which time off is requested.

168. 2) A roster of those EMPLOYEES requesting days off will be maintained by the Department or group manager and will be available to LOCAL 200 for review.

169. 3) The request shall be granted unless an emergency situation exists or the time off would cause severe personnel shortages as determined by the Appointing Officer or its designee.

170. 4) Up to ten percent (10%), but not more than two (2) non "Z" EMPLOYEES per group or Department may be granted time off at the same time, and no more than one "Z" EMPLOYEE per group or Department may be granted time off at any one time.  However, "Z" EMPLOYEES may not take time off under this section without the agreement of the Appointing Officer or its designee, if the time off would cause more than fifty percent (50%) of the normal complement of EMPLOYEES in the group or Department to be absent.

171. 5) The first EMPLOYEE to submit a request in a group or Department will take precedence if more than one EMPLOYEE has requested time off at the same time.

172. 6) Requests for time off lasting more than three (3) days must be approved by the group or Department manager.

173. An EMPLOYEE called in to work on a regular day off shall be paid for each hour actually worked, but in no instance will the employee be provided with less than eight (8) hours of work on that day.

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III.E. HOLIDAYS AND HOLIDAY PAY

174. The following paid holidays shall be observed:

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

175. Provided further, if January 1, June 19, July 4, November 11 or December 25 falls on a Sunday, the Monday following is a holiday, and if it falls on a Saturday, the Friday before is a holiday as defined herein.  In addition, any day declared to be a holiday by proclamation of the Mayor after such day has heretofore been declared a holiday by the Governor of the State of California or the President of the United States shall be deemed a holiday for this purpose.

176. The CITY shall accommodate religious belief or observance of EMPLOYEES as required by law.

177. Eligibility for Payment. EMPLOYEE(s) not scheduled to work on a paid legal holiday as listed above will be paid for that holiday provided that the employee is on paid status the work day immediately preceding and the work day immediately following the holiday.  Payment shall consist of eight (8) hours straight time.

178. Holiday Worked.  EMPLOYEE(s) (in non-Z classifications) scheduled to work on a paid legal holiday as listed above shall receive time and one-half for the hours worked, plus the rate of pay as stated in Article III.E.3. herein.  EMPLOYEE(s) may elect to receive compensatory time off, computed at the rate of time and one-half in lieu of monetary payment for time worked on paid holidays.

179. EMPLOYEES in “Z” classifications shall receive eight hours holiday pay and in addition shall receive compensatory time off at the rate of one-and-a-half (1-1/2) times for work on the holiday.

180. Holidays That Fall On A Saturday.  For those EMPLOYEES assigned to a work week of Monday through Friday, and in the event a legal holiday falls on Saturday, the preceding Friday shall be observed as a holiday; provided, however, that except where the Governor declares that such preceding Friday shall be a legal holiday, each Department head shall make provision for the staffing of public offices under the department head’s jurisdiction on such preceding Friday so that said public offices may serve the public.  Those EMPLOYEES who work on a Friday which is observed as a holiday in lieu of a holiday falling on Saturday shall be compensated as provided in Article III.E. Holiday Worked, herein.

181. Holiday Pay For EMPLOYEES Laid Off.  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 work days shall be paid for the holiday.

182. EMPLOYEES who regularly work a minimum of twenty (20) hours in a bi-weekly pay period shall be entitled to holidays as provided herein on a proportionate basis.

183. Floating Holidays. In addition to the holidays listed herein, the employees covered by this CBA will receive five (5) floating holidays. The five (5) floating holidays may be taken on days selected by the EMPLOYEE subject to prior scheduling approval of management. EMPLOYEES establish initial eligibility for the five (5) floating holidays upon appointment. The five (5) floating holidays shall not be considered holidays for purposes of calculating holiday compensation for time worked. Floating holidays received in one fiscal year but not used shall be carried forward to the next succeeding fiscal year. The number of floating holidays carried forward to a succeeding fiscal year shall not exceed the total number of floating holidays received in the previous fiscal year. Floating Holidays may be taken in hourly increments up to and including the number of hours contained in the employee’s regular shift.

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III.F. SALARY STEP PLAN AND SALARY ADJUSTMENTS

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

1. Promotive Appointment In A Higher Class

185. An EMPLOYEE or officer who is a permanent appointee following completion of the probationary period or 2,080 hours of permanent service, and who is appointed to a position in a higher classification, either permanent or temporary, deemed to be promotive by the Department of Human Resources shall have a salary adjustment to that step in the promotive class as follows:

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

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

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

189. 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 class shall be deemed promotive.

2. Non-Promotive Appointment

190. An EMPLOYEE or officer who is a permanent appointee following completion of the probationary period or 2,080 hours of permanent service, and who accepts a non-promotive appointment in a classification having the same salary grade, or a lower salary grade, the appointee shall enter the new position at that salary step which is the same as that received in the prior appointment, or if the salary steps do not match, then the salary step which is immediately in excess of that received in the prior appointment, provided that such salary shall not exceed the maximum of the salary grade.  Further increments shall be based upon the seniority increment anniversary date in the prior appointment.

3. Appointment Above Entrance Rate

191. Upon the request of an Appointing Officer, appointments may be made at any step in the compensation grade upon recommendation of the Human Resources Director under the following conditions:

192. a. A former permanent CITY EMPLOYEE, following resignation with service satisfactory, is being reappointed to a permanent position in the employee’s former classification; or

193. b. Loss of compensation would result if appointee accepts position at the normal step; or

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

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

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

4. Reappointment Within Six Months

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

5. Compensation Adjustments

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

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

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

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

202. c. Continuation of Salary Step Plan Earned Under Temporary Appointment.  When an EMPLOYEE is promoted under temporary appointment to a higher classification during a prior fiscal year and is continued in the same classification without a break in service in the current fiscal year, or is appointed to a permanent position in the same classification, such appointment shall be in accordance with the provisions of this agreement, provided that the salary shall not be less than the same step in the salary grade the EMPLOYEE received in the immediately prior temporary appointment.

203. d. Credit for Temporary Service.  A temporary EMPLOYEE, one with no permanent status in any class, certified from a regular civil service list who has completed six months or more of temporary employment within the immediately preceding one year period before appointment to a permanent position in the same class shall be appointed at the next higher step in the salary grade and to successive steps upon completion of the six months or one year required service from the date of permanent appointment.  These provisions shall not apply to temporary EMPLOYEES who are terminated for unsatisfactory services or resign their temporary position.

204. e. Salary Anniversary Date Adjustment.  Permanent EMPLOYEES   working under provisional, exempt or temporary appointments in other classifications shall have their salary adjusted in such other classifications when such EMPLOYEES reach their salary anniversary date in their permanent class.

6. Compensation Upon Transfer Or Re-Employment.

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

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

207. c. Reemployment in an Intermediate Class.  An EMPLOYEE who has completed the probationary period in a promotive appointment that is two or more steps higher in an occupational series than the permanent position from which promoted and who is subsequently laid off and returned to a position in an intermediate ranking classification shall receive a salary based upon actual permanent service in the higher classification, unless such salary is less than the EMPLOYEE would have been entitled to if promoted directly to the intermediate classification.  Further increments shall be based upon the increment anniversary date that would have applied in the higher classification.

208. d. Reemployment in a Formerly Held Class. An EMPLOYEE who has completed the probationary period in an entrance appointment who is laid off and is returned to a classification formerly held on a permanent basis shall receive a salary based upon the original appointment date in the classification to which the EMPLOYEE is returned.  An EMPLOYEE who is returned to a classification not formerly held on a permanent basis shall receive a salary in accordance with this agreement.

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III.G. VEHICLE MILESAGE REIMBURSEMENT

209.    EMPLOYEES required to use their own vehicles for CITY Business shall be reimbursed for mileage at the rate allowed by the IRS during the term of this CBA.

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III.H. SENIORITY INCREMENTS

210. Except as otherwise provided herein, employees shall advance to each successive step upon satisfactory completion of one (1) year of required service.

211. Date Increment Due. Increments shall accrue and become due and payable on the next day following completion of required service as an EMPLOYEE in the class, unless otherwise provided herein.

Exceptions.

212. a. An employee’s scheduled step increase may be denied if the employee’s performance has been unsatisfactory to the City.  The denial of a step increase is subject to the grievance procedure; provided, however, that nothing in this section is intended to or shall make performance evaluations subject to the grievance procedure.

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

214. When records of service required for advancement in the step increments within a compensation grade are established and maintained by electronic data processing, then the following shall apply:  An EMPLOYEE shall be compensated at the beginning step of the compensation grade plan, unless otherwise specifically provided for in this CBA.  EMPLOYEES shall 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.

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

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

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III.I. WORKERS COMPENSATION LEAVE

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

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

219. EMPLOYEE supplementation of workers compensation payment to equal the full salary the EMPLOYEE would have earned for the regular work schedule in effect at the commencement of the workers compensation leave shall be drawn only from an EMPLOYEE’s paid leave credits including vacation, sick leave balance, or other paid leave as available.  An EMPLOYEE returning from disability leave will accrue sick leave at the regular rate and not an accelerated rate.

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

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

222. The parties agree, therefore, that this provision clarifies and supersedes any conflicting provision of the Civil Service Commission Rules bargainable and arbitrable under Charter section A8.409, et seq.

Return To Work

223. The CITY will make a good faith effort to return EMPLOYEES covered by this CBA who have sustained an occupational injury or illness to temporary modified duty within the EMPLOYEE’s medical restriction.  Duties of the modified assignment may differ from the EMPLOYEE’s regular job duties and/or from job duties regularly assigned to EMPLOYEES in the injured EMPLOYEE’s class.  Where appropriate modified duty is not available within the EMPLOYEE’s classification, on the EMPLOYEE’s regular shift, and in the EMPLOYEE’s Department, the EMPLOYEE may be temporarily assigned pursuant to this section to work in another classification, on a different shift, and/or in another Department, subject to the approval of the Appointing Officer or designee.  The decision to provide modified duty and/or the impact of such decisions shall not be subject to grievance or arbitration.  Modified duty assignments may not exceed three (3) months. An EMPLOYEE assigned to a modified duty assignment shall receive their regular base rate of pay and shall not be eligible for any other additional compensation (premiums) and or out of class assignment pay as may be provided under this agreement.

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

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III.J. STATE DISABILITY INSURANCE (SDI)

225. All employees in the bargaining unit(s) covered by this Agreement shall be enrolled in the State Disability Insurance (SDI) 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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III.K. HEALTH AND WELFARE

1. Employee Health Care

226. Health Service System Contributions. CITY shall contribute to the City Health Service System for each EMPLOYEE covered by this CBA who is a member of the Health Service System such sums as are required by the CITY Charter.  

a. Health Coverage

227. 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:

228.    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:

229.    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:

230. 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

231. 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

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

b. Other Terms Negotiable

233. While the parties have agreed in this section not to negotiate any changes to the Percentage-Based Contribution Model, the parties are free to make economic proposals to address any alleged impact of the health contribution levels described above or other health related issues not involving the percentage-based contribution model (e.g. wellness and transparency).
234.    Life Insurance. A term life insurance policy of $50,000 with a permanent total disability benefit provision, subject to the conditions and provisions of said policy, shall be provided for all EMPLOYEES covered by this CBA, the full premium cost of which shall be paid for by the Department.  Coverage shall be suspended for an EMPLOYEE who has been off the payroll and been absent from service for a continuous period of twelve months.

235. Eye Examinations. For all covered EMPLOYEES required to use VDTs on average at least two (2) hours per day, the Department will provide a base line eye examination at the Occupational Safety and Health facility ("OSH"), followed by an eye examination at OSH once a year.

2. Dental Coverage

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

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

3. Contributions While on Unpaid Leave

238. As set forth in Administrative Code section 16.701(b), covered employees who are not in active service for more than twelve (12) weeks shall be required to pay the Health Service System for the full premium cost of membership in the Health Service System, unless the employee shall be on sick leave, workers’ compensation, mandatory administrative leave, approved personal leave following family care leave, disciplinary suspensions, or on a layoff holdover list where the employee verifies they have no alternative coverage.

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III.L. RETIREMENT

239. For the duration of this Agreement, employees shall pay their own retirement contributions in accordance with the Charter.

Retirement Seminar

240. Subject to development, availability and scheduling by SFERS, 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.

241. 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.

242. All such seminars must be located within the Bay Area.
    
243. This section shall not be subject to the grievance procedure

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III.M. CHAPTHER 12W PAID SICK LEAVE ORDINANCE

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

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III.N. LEAVES OF ABSENCE

245. Those portions of the Civil Service Commission Rules applicable to Leaves, which are negotiable and arbitrable pursuant to Charter Sections A8.409 et seq., may not be changed during the term of this Agreement except by mutual consent.  Those matters within the jurisdiction of the Civil Service Commission are not subject to grievance or arbitration.
    
246. Bereavement Leave.  Three (3) days' leave with pay shall be allowed to each EMPLOYEE for a death as defined in the Civil Service Commission Rule regarding Bereavement Leave which includes but is not limited to mother, father, sister, brother, husband, wife, son and daughter, mother-in-law, father-in-law, aunt, uncle, domestic partner, and dependent relatives living in the EMPLOYEE's home.

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III.O. CHILD CARE AND DCAP

247. The CITY and LOCAL 200 agree that employees covered by this CBA will be eligible to participate in any childcare programs made available to all CITY employees.

Dependent Care Reimbursement Account (DCAP)

248. The City shall continue to offer a flexible spending account for Dependent Care Reimbursement (DCAP) which allows employees to establish a “pre-tax” account of up to $5,000 per year to reimburse dependent care costs.

Parental Release Time

249. Represented employees shall be granted paid release time to attend parent teacher conferences of four (4) hours per fiscal year (for children in kindergarten or grades 1 to 12). 
    
250. In addition, an employee who is a parent or who has child rearing responsibilities (including domestic partners but excluding paid child care workers) of one or more children in kindergarten or grades 1 to 12 shall be granted unpaid release time of up to forty (40) hours each fiscal year, not exceeding eight (8) hours in any calendar month of the fiscal year, to participate in the activities of the school of any child of the employee, providing the employee, prior to taking the time off, gives reasonable notice of the planned absence.  The employee may use vacation, floating holiday hours, or compensatory time off during the planned absence.

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III.P. LONG TERM DISABILITY INSURANCE

251. 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 as set forth in the ordinance governing such program.

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III.Q. TUITION REIMBURSEMENT

252. Budget: The City agrees to allocate six thousand dollars ($6,000) per each year of this Agreement to the Tuition Reimbursement Program for the exclusive use of classifications represented hereunder.  Upon request, the Union shall be sent a quarterly report of the persons who have applied for tuition reimbursements, purpose of reimbursement, and monies allocated.

253. Eligibility: Any regularly scheduled Employee within the City service who works at least twenty (20) hours per week with a minimum of one (1) year of continuous service in any classification at the time of application may apply for tuition reimbursement.

254. Eligible Expenses: Until such funds are exhausted, and subject to approval by the appointing officer or appropriate designee, an employee may utilize up to a maximum of $1,000 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 departmental 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.

255. Pre-Approval: 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. The City will not provide reimbursement until the employee provides proof of payment and proof of satisfactory completion. No reimbursement shall be made if the Employee is eligible to receive reimbursement for said tuition under a federal or State Veterans benefit program from other public funds.

256. If an employee provides notice of resignation, the employee must submit the expense report and receive all online approvals before separating from the City.

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III.R. SEVERANCE PAY

257. The City agrees that when involuntarily removing or releasing from employment a represented employee, the appointing officer will endeavor to inform the employee at least thirty (30) calendar days before the employee’s final day of work. Where the appointing officer fails or declines to inform the employee a full thirty (30) days in advance, the member shall receive pay in lieu of the number of days less than thirty (30) upon which s/he was informed.

258. In addition to the paragraph above, except as provided in this Section III.R., the City agrees that when involuntarily removing or releasing from employment a represented employee, the employee shall also receive one week’s severance pay for each full year worked, up to a maximum of 26 weeks, in exchange for a release signed by the employee and LOCAL 200 of any and all claims arising out of employee’s employment or termination of that employment (including claims arising under this Agreement) that the employee or LOCAL 200 may have against the City including any officer or employee thereof.  This release shall be in a form acceptable to the City and shall include a waiver of any rights the employee may have to return to City employment (e.g., holdover roster), a waiver of Section 1542 of the California Civil Code, and a waiver of claims under the Age Discrimination in Employment Act. The release shall exclude the right to grieve the proper amount of severance pay due under this Section III.R.

259. Except as provided otherwise in this Section III.R., in the event a represented, exempt employee is involuntarily returned to a permanent job code, that employee may elect to separate from City Service and shall receive one week’s severance pay for each full year worked, up to a maximum of 26 weeks, in exchange for a release signed by the employee and LOCAL 200 of any and all claims arising out of employee’s employment or termination of that employment (including claims arising under this Agreement) that the employee or LOCAL 200 may have against the City including any officer or employee thereof. This release shall be in a form acceptable to the City and shall include a waiver of any rights the employee may have to return to City employment (e.g., holdover roster) a waiver of Section 1542 of the California Civil Code, and a waiver of claims under the Age Discrimination in Employment Act.  The release shall exclude the right to grieve the proper amount of severance pay due under this Section III.R.

260. Payment of severance is dependent upon approval by the Appointing Officer, Controller and the Human Resources Director. Approval will be based on a good faith consideration of whether the employee's removal or release was involuntary, was initiated by the Appointing Authority, and was in the best interests of the City; and whether the termination of employment was based on conduct involving misappropriation of public funds or property, misuse or destruction of public property, mistreatment of persons, or acts which would constitute a felony or misdemeanor. Additionally, an employee eligible for severance pursuant to paragraph 258 and paragraph 259 above may receive severance pursuant to either, but not both.

261. For purposes of this Section III.R., an employee who receives notification from the City of eligibility for early retirement benefits under Charter Section A8.401 and who thereafter elects to retire and accept benefits under Charter Section A8.401 shall not be eligible for severance pay under paragraph 258 or paragraph 259.

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III.S. AIRPORT EMPLOYEE COMMUTE OPTIONS PROGRAM

262. The San Francisco International Airport (SFIA) Employee Commute Options Program (Eco Program) will be available for the term of the Agreement to SFIA employees. Under the Eco Program, employees who relinquish their SFIA-provided free parking privileges will receive a monthly allowance in an amount set by SFIA. Participation is voluntary and approved on a first-come, first-served basis. The SFIA reserves the right to amend or discontinue the Eco Program in its sole discretion, at any time for any reason, including but not limited to a lack of funding as determined by the SFIA. The Eco Program, including but not limited to denial of participation, change in allowance amount, or amendment or termination of the Eco Program, is not subject to the grievance procedure.

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III.T. JURY DUTY

263. 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.

264. 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.

265. 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.

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

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III.U. REST PERIOD BETWEEN SHIFTS

267. If a Senior Investigator, classification 8126, is called back to work or held over at work and the employee’s next regularly scheduled shift begins within twelve (12) hours of the end of the callback or holdover assignment, then the Senior Investigator, with the approval of the appointing officer, shall have the option to not work until the employee has twelve (12) consecutive hours’ rest time. If a Senior Investigator elects to return to work at the beginning of their next regularly scheduled shift, the Senior Investigator shall earn compensatory time off for all hours worked within the twelve (12) hour rest period at the rate of time and one-half (1-1/2). The employee shall notify the supervisor of the employee’s election before their next regularly scheduled shift begins.

268. This section shall not apply to 8126 Senior Investigators when on OIS standby.

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ARTICLE IV - WORKING CONDITIONS

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IV.A. HEALTH & SAFETY

269. The CITY acknowledges that State law requires every employer to provide a safe, healthy work environment for its employees.  The CITY agrees to take all steps within its power to meet this responsibility for the EMPLOYEES covered by this CBA.

270. Joint Safety Committee.  Health and Safety issues shall be presented to and addressed at the Joint Labor Management Board (JLMB”), as described in Article II.F. (Joint Committees).

271. Health and safety issues to be considered by the JLMB shall include, but not limited to, ergonomics, use of city owned vehicles, shelters for street corner locations, use and inspection of video display terminals, chemical compounds, and use of personal vehicles for shelters during inclement weather.  

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IV.B. FOUL WEATHER GEAR

272. The City agrees to provide employees with adequate foul weather gear and required safety equipment, in compliance with Cal-OSHA regulations for the duration of this contract.

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IV.C. PAPERLESS PAY POLICY

273. The Citywide Paperless Pay Policy applies to all City employees covered under this agreement.

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

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

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IV.D. TELECOMMUTING

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

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

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

279. Location of Remote Work

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

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ARTICLE V - SCOPE OF AGREEMENT

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V.A. SCOPE OF AGREEMENT

276. 1. Savings clause. 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. 

277. This CBA sets forth the full and entire understanding of the parties regarding the matters herein.  This Agreement may be modified, but only in writing, upon the mutual consent of the parties.

278. 2. Civil Service Rules & Administrative Code.  Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3.  In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet & confer negotiations, subject to applicable law.  The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to EMPLOYEES covered by this contract. 

279. 3. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules.  Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted for resolution to the Civil Service Commission.  All such disputes shall not be subject to the grievance and arbitration process of the Agreement.

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V.B. DURATION OF AGREEMENT

280.    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

• Nichelle D. Flentroy, Chief Negotiator, Transport Workers Union, Local 200

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

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

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APPENDIX A: OFFICE OF THE CITY ATTORNEY PAST PRACTICES

Emergency response shall be rotated among those Class 9155 Claims Investigators responsible for MUNI related investigations.

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APPENDIX B: SUBSTANCE ABUSE PREVENTION POLICY

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1. MISSION STATEMENT

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

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

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

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2. POLICY

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

b. Any employee, regardless of how the position is funded, who has been convicted of any drug/alcohol-related crime that occurred while on City business or in City facilities, must notify the 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” refer to those drugs listed in Section 5.a.  Section 8.a. lists the drugs and alcohol and the threshold levels for which a Covered Employee will be tested.  Threshold levels of categories of drugs and alcohol constituting positive test results will be determined using the applicable Substance Abuse and Mental Health Services Administration (“SAMHSA”) (formerly the National Institute of Drug Abuse, or “NIDA”) threshold levels, or U.S. government required threshold levels where required, in effect at the time of testing, if applicable. Section 8.a. will be updated periodically to reflect the SAMHSA or U.S. government threshold changes.

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

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

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

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

s. “Parties” means the City and County of San Francisco and the Transport Workers Union, AFL-CIO Local 200.

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

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

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

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

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

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

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

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

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

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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.

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5. SUBSTANCES TO BE TESTED

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

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

b. Prescribed Drugs or Medications.  

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

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

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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 that the employee will be tested (up to a maximum of one hour) for the employee to obtain representation. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested.

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

II. Post-Accident Testing

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

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

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

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

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

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7. TESTING PROCEDURES

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

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

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

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

d. Alcohol and drug testing procedures.  

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

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

II. Laboratory

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

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

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

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

III. Medical Review Officer (MRO)

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

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

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

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

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

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

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

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

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8. RESULTS

a. Substance Abuse Prevention and Detection Threshold Levels. 

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

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

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9. CONSEQUENCES OF POSITIVE TEST RESULTS

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

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

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

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

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

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10. RETURN TO DUTY

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

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11. TRAINING

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

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12. ADOPTION PERIOD

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

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13. JOINT CITY/UNION COMMITTEE

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

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14. SAVINGS CLAUSE

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

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EXHIBIT A

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 C: UNION ACCESS TO NEW EMPLOYEES PROGRAM

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I. Purpose

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

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II. Notice and Access

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

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

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

C. Notice

1. Single Point of Contact: The Union agrees to provide the City with a single point of contact (hereinafter, Union NEO Coordinator) and the City agrees to provide the Union with a single point of contact for each Department (hereinafter, Departmental NEO Coordinator), which will be updated by the City and the Union on an as-needed basis.
2. Notice of Schedule: For any NEO that takes place on a regular, recurring schedule, the sponsoring Department shall be responsible for providing annual notice to the Union. For NEOs that are not offered on a regular, recurring schedule, the sponsoring Department shall provide no less than ten (10) business days’ notice. Said notices shall be provided by email, to the Union NEO Coordinator. This requirement shall apply to all NEOs in which City personnel provide newly-hired employees with information regarding employment status, rights, benefits, duties, responsibilities, or any other employment-related matters.
3. Notice of Enrollment: Notice shall include a list of new employees represented by the Union scheduled to attend the NEO.  If practical, the City agrees to provide additional identifying information including, but not limited to, classification and department. Six months from enactment, in the event the City is unable to provide classification and department information in the Notice of Enrollment, the Union can reopen this Agreement for the sole purpose of meeting and conferring over the identifying information provided in this Section II.C.3 Notice of Enrollment.  Said meeting and conferring shall not be subject to the impasse procedures in Government Code Section 3557. The Department sponsoring the NEO shall provide the foregoing information no less than five (5) business days prior to the NEO taking place.  The Department will make best efforts to notify the Union NEO Coordinator of any last-minute changes.  Onboarding of individual employees for administrative purposes is excluded from this notice requirement.

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

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

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

1. The Union NEO Coordinator shall coordinate with the new employee(s) referenced in the preceding paragraph and the Departmental NEO Coordinator to schedule a fifteen (15) minute meeting during normally scheduled hours, which shall not be during employee’s break or meal period, for the Union representative(s) to meet privately with, and provide materials and information to, the new employee(s). City representatives shall not be present during said meeting. The Union agrees to limit its presentation to only those matters stated in Section H., below.
2.  In the event the proposed time cannot be accommodated, the Union NEO Coordinator and the Departmental NEO Coordinator shall work together to find a mutually agreeable time within ten (10) business days of the Union’s request.
3. Department of Elections: Any new employee of the Department of Elections who is classified as Temporary Exempt (Category 16), whose duration of appointment is one (1) pay period or less, and works on an as-needed work schedule will receive written materials provided by the Union in lieu of attending a Citywide or Departmental NEO, a private meeting with the Union as provided for in Section F., above, or a Periodic Union Orientation as provided for in Section G., below.

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

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

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

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

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III. Data Provisions

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

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IV. Hold Harmless

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

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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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