Transport Workers' Union, Local 250-A, Multi-Unit (July 1, 2024 to June 30, 2027)

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PREAMBLE

This Collective Bargaining Agreement (hereinafter termed "CBA") has been negotiated jointly by the City and County of San Francisco (“City”), and the Transportation Workers Union of America, AFL-CIO and Transport Workers Union Local 250-A (hereinafter jointly termed the "Union") in order to meet their mutual responsibility to provide the public they serve with the delivery of municipal services in the most efficient, effective, and courteous manner, as well as provide dependable, economical, courteous health services.  The City and the Union have developed this agreement in compliance with the provisions of Charter sections A8.409 et. seq.

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ARTICLE I. REPRESENTATION

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A. RECOGNITION

1. The City acknowledges that the Union has been certified as the recognized employee representative, pursuant to the provisions as set forth in the City's Employee Relations Ordinance for the following classifications and bargaining units:

Unit 28

• 3541 Curator I
• 3542 Curator II
• 3544 Curator III
• 2806 Disease Control Investigator
• 2808 Senior Disease Control Investigator 
• 2810 Principal Disease Control Investigator
• 6120 Environmental Health Inspector
• 6122 Senior Environmental Health Inspector
• 6124 Principal Health Inspector

2. The terms and provisions of this CBA shall also 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 the Union has gained representation or established a representative status through affiliations or service agreements.

3. The employees covered by this contract will be indemnified and defended by the City for acts within the course and scope of their official employment in accordance with the applicable requirements of state law.  This Article is for informational purposes only and is not subject to grievance or arbitration.

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B. INTENT

4. It is the intent of the parties that the provisions of this CBA shall bind the Union and its members upon ratification by its members covered by this agreement.  It is also the intent of the parties that the provisions of this CBA shall bind the City upon ratification by the Board of Supervisors as to those matters within the Board's legal authority, by the Department as to those matters in the Department's legal authority, and by other departments of the City party to this CBA as to those matters in those departments’ legal authority.

5. Duty to Meet & Confer.  Except in cases of emergency requiring immediate action, in which case the Union will be informed as soon as possible, the City and the affected departments agree to furnish the Union with a written description of any proposed change in personnel practices or working conditions within the scope of representation affecting the employees covered by this CBA at least twenty (20) working days before the changes are scheduled to go into effect.  Within ten (10) working days of receipt of written notice, the Union will inform the City of any objections or proposals it may have for alternative changes.  If the Union does not respond within ten (10) working days from the date of the return receipt of such written information, the affected departments shall assume the Union does not wish to meet & confer on the proposed policy change.  If either the City or the Union does not accept the other party's proposal, the parties shall meet & confer on the issue as required by law.  The proposed changes will not go into effect until the completion of the meet & confer process provided that the impasse procedure in the Employee Relations Ordinance in the Administrative Code shall not apply to the application of this Article.  This Article is intended to meet the requirements of the Meyers-Milias-Brown Act.

6. 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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C. NO STRIKE PROVISION

7. The Union and each member of the bargaining unit covenant and agree not to initiate, engage in, cause, instigate, encourage or condone a strike, work stoppage, 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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D. OBJECTIVES OF THE CITY

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

9. The Union recognizes the City's right to establish and/or revise performance levels, standards or norms notwithstanding the existence of prior performance levels, norms or standards.  Such standards, developed by usual work measurement procedures, may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or group of employees.  

10. Should an employee allege unfair treatment due to the implementation of revised performance levels, norms, or standards, the employee may seek review of such issues in accordance with the procedures set forth in Article I.G.

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E. MANAGEMENT RIGHTS

11. 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.

12. The City shall also have the right to determine the mission of its constituent departments, officers, boards and commissions; set standards of services to be offered to the public, and exercise control and discretion over the City's organization and operations.  The City may also relieve city employees from duty due to lack of work or funds, and may determine the methods, means and personnel by which the City's operations are to be conducted.

13. 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.

14. 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 consequences of any such actions on wages, hours, benefits or other terms and conditions of employment specified in this Agreement. 

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F. SHOP STEWARDS

15. The Union may select up to five (5) shop steward(s).

16. On July 1 of each year, the Union shall furnish the Department of Human Resources Employee Relations Division with a written list of stewards and alternate stewards. During the course of the year, the Union shall amend the list as needed to ensure that the list is accurate and up to date. If a shop steward is not officially designated in writing, by the Union, none will be recognized.

17. Stewards shall be allowed eight (8) hours paid release time per year for Union Steward training. The parties shall mutually agree to the number of Stewards to be released at any one time.

18. The Union and the City recognize that it is the responsibility of the shop steward to assist in the resolution of grievances or disputes at the lowest possible level.

19. While handling grievances, discipline, or meeting with the City representatives concerning matters affecting the working conditions and status of employees covered by this CBA, not more than two shop stewards 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.  

20. 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.

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

22. Consult with the affected employee regarding the presentation of a grievance after the employee has requested the assistance or presence of the shop steward.

23. Present to a supervisor a grievance, which has been requested by an employee or group of employees, for resolution or adjustment.

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

25. 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.

26. 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.

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

28.    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 meeting and conferring on terms and conditions of employment, and may participate in the discussions, deliberations and decisions at such meeting.

29. Stewards shall receive timely notice of departmental orientation sessions, and shall be permitted to make appearances at departmental orientation sessions, in order to distribute Union materials and to discuss employee rights and obligations under this CBA.  The Union and a department or bureau may agree to other arrangements for contact between stewards and new employees.

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G. GRIEVANCE PROCEDURE & THE DISCIPLINE PROCESS

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

1. Definition

31. 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. Civil Service Commission Rule “Carve-outs” are not subject to the grievance procedure nor may be submitted to arbitration.

32. A grievance does not include written reprimands or written warnings, provided however, that employees shall be entitled to append a written rebuttal to any written reprimand or warning.  The appended rebuttal shall be included in the employee’s official personnel file.  Employees are required to submit written rebuttals within thirty (30) calendar days from the date of the reprimand or warning.

2. Time Limits

33. 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 within the prescribed time limits, it shall be deemed withdrawn.  Failure of the City to timely reply shall authorize the Union to appeal the grievance to the next step in the Grievance Procedure.

3. Grievance Initiation

34. a. A grievance affecting more than one employee shall be filed with the departmental official having authority over all employees affected by the grievance.

35. b. Only the Union shall have the right on behalf of a disciplined or discharged employee to appeal the discipline or discharge action.  These matters shall be initiated with the Appointing Officer or its designee at Step 2.

36. c. All other issues shall be initiated at Step 1.

4. Grievance Description

37. Grievance shall include the following:

38. a. The specific reason or reasons for the grievance, including the facts, event or basis giving rise to the grievance, date of the incident giving rise to the grievance; and the name, classification, and department of the affected employee or employees;

39. b. The grievance shall state the specific article(s), section(s) and paragraph(s) of this Agreement which the Union believes have been violated;

40. c. The grievance shall state the remedy or solution being sought by the Grievant or Union.

5. Steps of the Procedure

41. 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 Union representative present.

42. a. Step 1.  If the grievance is not resolved after contact 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, or within thirty (30) calendar days from such time as the employee or Union should have known of the occurrence thereof.

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

44. b. Step 2.  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 Appointing Officer, or its designee, may convene a meeting within twenty (20) calendar days with the grievant and the Union representative.  The Appointing Officer, or its designee, shall respond in writing within twenty (20) calendar days of receipt of the grievance, or fifteen (15) calendar days of the date of the meeting if one is held, whichever is later.

45. c. Step 3.  If the Union is dissatisfied with the Appointing Officer's response at Step 2 only the Union may appeal to the Director, Employee Relations, or designee, in writing, specifying the reason(s) why the grievant is dissatisfied with the Department’s response and advancing the grievance to the next step, within twenty (20) calendar days of receipt of the Step 2 answer.  The grievance shall contain copies of all earlier correspondence and materials reviewed at the earlier steps.  The Director may convene a grievance meeting within twenty (20) calendar days with the grievant and/or the grievant's Union.

46. The Director shall have twenty (20) calendar days after the receipt of the written grievance or if a meeting is held, twenty (20) calendar days after the meeting, whichever is later, to review and seek resolution of the grievance and respond in writing.

6. Arbitration (Step 4)

47. If the Union is dissatisfied with the Step 3 response it may appeal by notifying the Director, Employee Relations, in writing, within thirty (30) calendar days of its receipt of the Step 3 response that arbitration is being invoked. The Employee Relations Director or designee shall respond to the Union with the identity of the appropriate contact in the City Attorney’s Office, and copy the City Attorney’s Office, to notify the City Attorney’s Office that the Union has moved the grievance to arbitration. Counsel for the Union shall contact the City Attorney’s Office to schedule the arbitration. The City and the Union must commence selection of the arbitrator and scheduling the arbitration within thirty (30) calendar days of the Union’s receipt of ERD’s letter acknowledging the Union’s letter moving the matter to arbitration.

7. Expedited Termination Grievances

48. Termination grievances will be filed directly at Step Three (Employee Relations Division).

49. The parties agree to schedule arbitration hearings for termination grievances within thirty (30) calendar days of the appeal to arbitration.

50. The parties will agree in advance on an arbitrator or panel of arbitrators to hear all termination grievances.  In the absence of an agreed-upon arbitrator or a standing panel of arbitrators, the arbitrator will be selected in the manner prescribed in 9(a).

8. Expedited Arbitration

51. Suspensions of fifteen (15) working 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.

52. a. Scheduling.  Under no instance shall either the Union or the City (and its departments) have less than ten (10) calendar days advance notice prior to the scheduling of an Expedited Arbitration, unless mutually agreed by the parties in writing.

53. b. Selection of the Arbitrator for Expedited Arbitration. The parties will agree in advance on an arbitrator or panel of arbitrators to hear all expedited grievances.  In the absence of an agreed-upon arbitrator or a standing panel of arbitrators, the arbitrator will be selected in the manner prescribed in paragraph 9(a). 
    
54. c. 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.  

55. d. 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.

9. Arbitration (not Expedited Arbitration)

56. a. When a matter is appealed to arbitration the parties shall first attempt to mutually agree on an arbitrator.  In the event no agreement is reached within ten (10) calendar days of the invocation of Arbitration, either party may request a list of seven (7) appropriately experienced arbitrators from the American Arbitration Association (“AAA”) or California State Mediation and Conciliation Service (“SMCS”).  The parties will attempt to agree to an arbitrator from the list obtained from AAA or SMCS.  In the event the parties are unable to agree, the parties shall alternately strike names from the list until a single name remains.

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

58. c. Each party shall bear its own expenses in connection therewith.  All fees and expenses of the arbitrator and court reporter and report, if any, shall be borne and paid in full and shared equally by the parties.  In the event that an 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.

59. d. Hearing Dates and Date of Award.  Except for the Expedited Arbitration procedure described above, hearing dates shall be scheduled within thirty 30) working days of selection of an arbitrator or on the next practicable date mutually agreeable to the parties.  Awards shall be due forty-five (45) 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.

60. 10. In no event shall a grievance include a claim for money relief for more than thirty (30) calendar days prior to the initiation of the grievance.

11. The Discipline Process

61. The City shall have the right to discipline any non-probationary permanent employee, temporary civil service employee, or provisional employee upon completion of 12-months service, for just cause.  As used herein "discipline" shall be defined as disciplinary demotion, suspensions and discharge.  A change of work assignment, either to or from a particular assignment, may not be made for disciplinary purposes.  Reassignments made for the purpose of improving service or addressing performance problems shall not be considered disciplinary in nature and therefore may not be in violation of this Article.

62. Release or discipline of employees during their initial probationary period or during any probationary period established by this CBA is not grievable, with the exception of a claimed violation of Article II.A (Nondiscrimination).  In such an appeal the employee shall bear the burden of proof with respect to the claimed violation.

63. 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 forty-eight (48) hour period, excluding holidays and weekends.  If the employee does not secure representation within such period, the right is waived.

64. No suspensions, disciplinary demotions and discharges of non-probationary permanent employees, temporary civil service employees, or provisional employees with 12 months service, may be imposed unless the following procedure is followed:

65. a. The basis of any proposed discipline shall be communicated in writing to the employee and to the Union no later than thirty (30) calendar days after management has concluded a reasonable investigation and attained findings on the event or occurrence which is the basis of the discipline, or the offense will be deemed waived.  

66. 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 with the written charges and the materials upon which the charges are based.

67. c. The employee and her/his representative shall be afforded a reasonable amount of time to respond, either orally at a meeting (“Skelly meeting”), or in writing, to the management official designated by the City to consider the reply.  Should the employee and her/his representative elect to respond orally at a Skelly meeting, the Department will notify the parties at least five (5) calendar days in advance of the meeting, unless mutually agreed otherwise.  The employee and her/his representative may present any relevant oral/written testimony and other supporting documentation as part of her/his response.  Individuals who may have direct knowledge of the circumstances relating to the grievance may be present at the request of either party at the Skelly meeting.  In the case of City employees giving relevant oral testimony, they shall be compensated at an appropriate rate of pay for time spent.

68. d. The employee shall be notified in writing of the decision based upon the information contained in the written notification, the employee's statements, oral/written testimony and other supporting documentation and any further investigation occasioned by the employee's statements. The Department shall issue its decision within twenty (20) calendar days following the Skelly meeting or receipt of the grievant’s written response, unless it requests, and the Union agrees, to extend the time limits.  The Union’s consent to extend this time limit may not be unreasonably withheld.  The employee's representative shall receive a copy of this decision.

69. e. Progressive Discipline. Discipline can be both instructive and corrective. The objective of discipline is to make an employee aware of substandard job performance or improper conduct and provide a reasonable opportunity for the employee to improve or correct such deficiencies. 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. Except in unusual circumstances, the more severe disciplinary actions are to be taken only after every reasonable attempt has been made by counseling and instruction to develop the employee and to avoid the need for later stages of discipline, whenever possible. 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.

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H. UNION SECURITY

1. Authorization for Payroll Deductions

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

71. 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.

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

73. 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.

74. 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.  

75. 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.

76. 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.  

77. h. With the exception of subsection (e) above, the Union is responsible for all decisions to initiate, change, and cancel deductions, and for all matters regarding an employee’s revocation of an authorization, and the City shall rely solely on information provided by the Union on such matters.  The City shall direct all employee requests to change or cancel deductions, or to revoke an authorization for deductions, to the Union.  The City shall not resolve disputes between the Union and represented employees about Union membership, the amount of Contributions, deductions, or revoking authorizations for deductions.  The City shall not provide advice to employees about those matters, and shall direct employees with questions or concerns about those matters to the Union.  The Union shall respond to such employee inquiries within 21 calendar days.

2. Indemnification

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

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I. BULLENTIN BOARDS AND OTHER INFORMATION

79. Reasonable space will be allowed on bulletin boards for use by the Union to communicate with employees. Material shall be posted upon the bulletin board space as designated, and not upon walls, doors, windows or any other place.  Posted material shall not be obscene, of a partisan political nature, nor shall it pertain to public issues which do not involve the City or its relations with employees. In addition, the Union shall not post literature that is discriminatory, harassing, or violates City policy or the law. All posted material shall be dated, shall bear the identity of the sponsor, shall be neatly displayed, and shall be removed when no longer timely, but in no event shall be displayed for more than two (2) weeks. A department may withdraw the authority to use bulletin board space if material is posted on areas other than authorized bulletin boards or if material posted on bulletin boards is not in compliance with this Article. The Department may remove material immediately that is not in compliance with this Article and shall notify the Union of its removal.

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

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

82. Union representatives must identify themselves upon arrival at a City department. Union representatives may use department meeting space with a reasonable amount of advance notice and approval from the department, subject to availability.

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

84. 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.

85. The Department shall provide each employee in classes covered by this CBA a copy of the Civil Service Commission class specification for the employee’s classification and a copy of the Civil Service Employee Handbook.  Copies of this CBA will be available in each unit and with the Department personnel office for loan and for copying at the employee's expense.

86. Upon request by the Union, the City shall provide compensatory balances for affected employees covered by this collective bargaining unit. The City shall make every effort to comply with such requests in a timely manner.

87. Upon request from the Union, the Department will request from the Workers' Compensation division information on a monthly and cumulative annual basis containing information on all work-related injuries and illnesses.  Such information shall include the date of the injury or illness and the location or its occurrence.  The City reserves its right to withhold any information that may constitute an infringement on the privacy rights of any City employee.

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ARTICLE II. EMPLOYMENT CONDITIONS

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A. NONDISCRIMINATION

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

89. A complaint of discrimination, harassment or retaliation may, at the option of the employee, group of employees, or Union be processed through the grievance and arbitration procedures of this Agreement, and/or through the applicable Civil Service Rules, and/or the City Administrative Code, and/or federal and state law. 

90. Neither the City nor the Union shall interfere with, intimidate, restrain, coerce or discriminate against any employee because of the exercise of rights granted pursuant to this CBA, the Employee Relations Ordinance of the City and County of San Francisco and the Meyers-Milias-Brown Act.  No employee seeking promotion, reassignment or transfer shall in any way be discriminated against because of their Union activities.

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B. AMERICANS WITH DISABILITIES/REASONABLE ACCOMMODATION

91. 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 California Fair Employment and Housing Act, and any 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 Acts.  The City reserves the right to take any action necessary to comply therewith.

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C. ASSIGNMENT OF WORK

92. Work load shall be equitably distributed among all employees of the work unit, including those covered by this CBA plus State and Federal employees of comparable class.  In reference to class 2806, work distribution includes, but is not limited to, epidemiologic interviews, contact follow up and patient screening as long as the application of this Article shall not interfere with proper epidemiologic practices.

93.  The Communicable Disease Control Unit of the Department recognizes that on occasion there exists an excessively large volume of the normal mix of high and low risk cases which need epidemiologic services, which may place a burden on the available 2806 and 2808 staff.  When such occasions appear prolonged, the Unit will ameliorate such work loads by a combination of restricting its definition of cases requiring epidemiologic services, and by selectively limiting the application of certain labor intensive epidemiologic activities.  

94. Assignments of employees of the Department to particular work duties shall be at the discretion of the employee's supervisor or appointing officer. The Department agrees to give due consideration to seniority, performance, ability, and the desires of affected employees prior to making non-emergency assignment, including reassignment opportunities to fill vacant positions. Assignments, including reassignment opportunities, will not be made either on the basis of favoritism or as discipline except when the employee has been notified of a disciplinary basis for the assignment. Should an employee covered by this CBA allege unfair treatment in such assignment, the employee may seek review of such assignment in accordance with the procedures established in Article I.G (Grievance Procedure & The Discipline Process).

95. Except in cases of emergency need, employees will be given seven (7) working days notice of pending reassignments.  When said notice cannot be given, the employee will be informed of the change and the circumstances that required less than seven (7) working days notice as soon as possible.  Assignment or reassignment includes change of job duties, change of location, or change of work schedule.  Such notice will also apply when there is a change in supervisor. This section is not subject to the grievance procedure.

96. Orientation and training as to the specific requirements of the work in the new assignment will be provided to reassigned employees.

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D. PERSONNEL FILES & OTHER PERSONNEL MATTERS

97. 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.

98. Personnel Files.  No adverse 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 adverse material entered in the  personnel file within thirty (30) days of the employee having knowledge of the entry.   At the request of an employee, materials relating to discipline that are two (2) or more years old shall be sealed to the extent permitted by law, provided there has been no other discipline 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.

99. The above provision shall not apply to disciplinary actions based on the use or being under the influence of drugs or alcohol at work; acts which would constitute a crime; acts which present an immediate danger to the public health and safety; workplace violence; dishonesty including misappropriation of public funds or property; or mistreatment of persons including retaliation, harassment or discrimination of other persons based on a protected class status, or any violation of City Equal Employment Opportunity policies.

100. Discipline described in the above preceding paragraph may not be considered for subsequent disciplinary actions after seven (7) years, provided that discipline for violation of City Equal Employment Opportunity policies is excluded from this paragraph.
101.    Standards of Performance. The Union 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. Employee(s) who work at less than acceptable levels of performance may be subject to disciplinary measures.  Consistent with the Meyers-Milias-Brown Act, the City agrees to meet & confer with the Union to discuss the establishment and effect of an implementation of revised performance levels, norms or standards. However, employee performance evaluations may not be grieved or submitted to arbitration.

102. Review of patient and/or inspection records by supervisors may be made at any time at the discretion of the supervisor as part of normal supervisory responsibilities to review the work of subordinates.  Supervisors shall exercise sound supervisory practices by discussing results of record reviews with employees prior to taking any action warranted as a result of such reviews.

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E. SUBCONTRACTING

1. "Prop J." Contracts

103. Required Notice of the Union on Prop J. Contracts.  The City shall deliver to the Union no later than thirty (30) days prior to issuing any "Invitation for Bid" or "Request for Proposal" a report explaining the proposed change, an explanation of reasons for the change, and the effect on represented classes.

104. Information Meetings.  The Union shall respond within twenty-one (21) days from the date of receipt of the above information with a request to meet.

105. The City agrees to discuss and attempt to resolve issues relating to: (a) possible alternatives to subcontracting; (b) questions regarding current and intended levels of service; (c) questions regarding the Controller's certification pursuant to Charter Section 10.104, subsection 15; (d) questions relating to possible excessive overhead in the City's administrative-supervisory/worker ratio; (e) questions relating to the effect on individual worker productivity by providing labor saving devices; and, (f) questions regarding services supplied by the City to the Contractor.

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

2. Services Contracts and Advance Notice to Unions on Personal Services Contracts Personal

107. 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.

108. If the union wishes to meet with a department over a proposed personal services contract, the affected union must make its request to the appropriate department within two weeks after the union’s receipt of the department’s notice. The parties may discuss possible alternatives to contracting or subcontracting and whether the department staff has the expertise and/or facilities to perform the work. Upon request by the union, the City shall make available for inspection any and all pertinent background and/or documentation relating to the service contemplated to be contracted out.

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

110. 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.

111. 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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F. EDUCATION, TUITION REIMBURSEMENT, TRAINING AND CAREER DEVELOPMENT

112. The Department will not unreasonably refuse permission for release time without pay for an employee covered by this CBA to attend seminars or training activities selected by the employee designed to increase the capacity of an employee to perform the job, or to participate in DHR or Department sponsored career advancement seminars, training activities or Department approved affinity groups. Permission for release time shall be subject to staffing requirements of the Department and approved by the supervisor. An employee may also request to attend other related training seminars with pay as part of the assignment, and the Supervisor will give due consideration and not unreasonably refuse the request.

113. Training leading to the acquisition of a specialist certification in a waiver program will be available to employees subject to staffing requirements of the Department and approval by the supervisor.  This approval will not be unreasonably denied.

114. Budget. The City shall budget fifteen thousand ($15,000) during each year of this Agreement for the Tuition and Training Reimbursement fund. Unused funds shall not be carried forward to the next fiscal year. When the City and County of San Francisco or the State requires that employees possess a valid certificate, license or registration (except motor vehicle operator's license) as a condition of employment, the City shall reimburse such employees for any fee involved in the renewal of said certificate, license or registration.  

115. Until such funds are exhausted, and subject to approval by the appointing officer or appropriate designee, an employee in bargaining unit classifications other than 6124 – Principal Inspector may utilize up to a maximum of one thousand dollars ($1,000) per fiscal year for tuition, books, supplies, and other fees for such courses, registration fees, professional conferences, professional association memberships, and/or licenses related to the employee’s current classification. An employee in the 6124 – Principal Inspector classification may utilize up to a maximum of two thousand dollars ($2,000) per fiscal year for tuition, books, supplies, and other fees for such courses, registration fees, professional conferences, professional association memberships, and/or licenses related to the employee’s current classification, or a classification to which the employee might reasonably expect to be promoted, and for Department-approved supervisory and/or leadership trainings.

116. Solely at the discretion of the Appointing Officer or designee, such funds may be supplemented with department funds budgeted for training, subject to the restrictions of applicable law, including Administrative Code Chapter 12X. Any employee who is entitled to reimbursement under the Employee Development fund during the term of the MOU may apply for such reimbursement at any time during the same fiscal year and will be reimbursed, provided that the funds for that fiscal year have not been exhausted. However, in the event that payment is required for tuition, education, training, and professional conference or coursework in the previous fiscal year, but proof of satisfactory completion is not available until the following fiscal year, the employee shall be eligible for reimbursement for such training or coursework in the next fiscal year out of the next fiscal year’s available funds.

117. Encumbered funds will not be paid out until the employee provides proof of satisfactory completion and proof of payment. Funds will not be allocated for tuition reimbursement until the employee submits proof of satisfactory completion of the course with a passing grade. If the course is not graded, or is not a credited course, an official transcript or other document shall be deemed evidence of satisfactory completion. Encumbered funds not used by June 30th of each fiscal year shall be released back into the Employee Development Fund to reimburse employees who submitted a Departmentally-approved request for reimbursement during that same fiscal year but who did not receive reimbursement due to the unavailability of funds at the time. If an employee provides notice of resignation, the employee must submit the expense report and receive all online approvals before separating from the City.

118. In addition, subject to approval by the appointing officer or designee, and as permissible under applicable law, including Administrative Code Chapter 12X, employees may utilize up to two hundred and fifty dollars ($250.00) of the funds available to them for that fiscal year under this article to pay for up to one-half of the cost of necessary travel outside of the nine Bay Area Counties for approved training. Travel reimbursement rates shall be as specified by, and guidance regarding Administrative Code Chapter 12X provided in the Controller’s Accounting Policies and Procedures. However, Employee Development Funds may not be used for food.

119. 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.

120. 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. Application for reimbursement shall be prepared in the manner promulgated by the Department of Human Resources, including but not limited to online forms.  Courses require preapproval from the employee’s department.

121. The provisions of this Article shall apply to any new classification added to the Bureau or Environmental Health Services during the term of this CBA, which the Union becomes appropriately recognized to represent.

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G. LABOR/MANAGEMENT COMMITTEE

122. For the term of this MOU, the City and the Union agree to establish two (2) separate Labor-Management Committees (Committees): 1) a committee for inspectors and investigators, and 2) a committee for curators. Each committee shall convene upon the Union’s written request to the City. The parties shall meet monthly unless the parties mutually agree otherwise. Each party shall designate a chair for each committee, who shall have responsibility to make arrangements for scheduling the labor-management meeting and for drawing up the agenda.

Purpose

123. The purpose of the Labor/Management Committee shall be to foster improved communication between the City and staff and to improve overall productivity and performance, working conditions, employee satisfaction and morale, and customer service. The Committee will be limited to an advisory rather than a decision - making capacity. The Committee will recommend solutions identified by both staff and management. The City and/or Appointing Officer shall make good faith effort to include Committee recommendations in policies, standards, processes, and operating procedures

124. a. Unless the parties agree otherwise, up to two (2) employees and up to two (2) Shop Stewards shall be released to attend each scheduled meeting, provided the Union has given the Department at least seven (7) calendar days’ notice of the employees’ selection.  If either of the Union’s first selections cannot be released due to departmental operational or staffing requirements, the Union may make an alternate selection, provided the Union gives sufficient prior notice.

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

1. administration of this Agreement;
2. filling of 2806 series vacancies;
3. 6120 and 2806 series issues pertaining to new assignment for members of this bargaining unit, reassignments, regulatory/enforcement procedures, staffing levels, standard operating procedures, and/or performance standards;
4. development of a Health & Safety Ergonomic Program; 
5. Health Inspector training program; 
6. career development; 
7. telecommute standards and procedures;
8. alternate work schedule standards and procedures; 
9. For DPH only:  parking permits for employees who are required to regularly use their own vehicles for City Business.  
10. Additional items mutually agreed-to by the parties for placement on the agenda.

c. Meeting Schedule

126. Both parties agree to schedule the first labor management committee meeting no later than August 1st and convene the first meeting within 90 days of execution of this collective bargaining agreement.  

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

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H. PROBATIONARY PERIOD

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

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

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

131. A probationary period may be extended by mutual agreement, in writing, between the employee and the Appointing Officer. The City shall give notice to the Union at the time that it seeks to extend an employee’s probationary period. The employee may request the assistance of the Union (representatives, stewards, or staff) in connection with the extension of probation, in accordance with state law.

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I. MINIMUM NOTICE FOR DISPLACEMENTS

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

133. 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.

134. It is understood that to the degree increased utilization of such employees may be required in certain represented classifications to provide staffing coverage due to employees taking floating holidays as described in paragraph 181, such work will be offered to holdovers in such represented classifications.

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K. JURY DUTY

135. 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.

136. 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.

137. 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.  

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

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ARTICLE III. PAY, HOURS AND BENEFITS

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A. WAGES

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

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

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

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

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

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

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

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

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

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

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

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B. WORK SCHEDULES

1. Normal Work Schedule

141. For the purpose of computing hours of work, work time will include:  all regularly scheduled work; all work performed at the request of the employee's Supervisor or Manager; all time spent attending meetings, whether on or off the employee's regular work site, at the request of the employee's supervisor or manager or other manager with authority to call a meeting; and employees in classification 2806 and 2808 shall not be required to conduct follow-up home telephone calls after work hours.

142. A normal workday is a tour of duty of eight (8) hours completed within not more than nine (9) hours.  A normal workweek is a tour of duty on each of five (5) days within a seven (7) day period.  Any change to the current Monday through Friday work schedule or current work hours shall be subject to meet & confer as provided in Article I.B.  In addition, a shift of ten (10) hours or twelve (12) hours per day may be authorized by the Department as normal for employees covered by this CBA provided that the shift will not result in more than eighty (80) hours of scheduled work per payroll period.

143. The City and Union agree to meet and discuss an Alternate Work Schedules policy at the Labor Management Committee, as defined in Article II.G of this MOU. All employees shall be eligible to participate in a flexible work schedule which in addition to a normal five (5)-consecutive, eight (8)-hour days ("5/8"), may with the permission of management substitute a four (4)-consecutive, ten (10)-hour days ("4/10"), or a nine (9)-hour, nine (9)-days (less one hour) ("9/80") work schedule.  In no case shall this scheduling result in more than eighty (80) scheduled hours of work per payroll period. Requests for alternate work schedules shall not be denied in an arbitrary or capricious manner.

144. 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.

145. 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 for 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.  

146. 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 III.B. are subject to the grievance and arbitration procedure of this Agreement.

147. 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.

2. Part-Time Work Schedules

148. A part-time work schedule is a tour of duty less than forty hours per week.  Salaries for part-time services shall be calculated upon the compensation for the normal work schedules proportionate to the hours actually worked.

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C. ADDITIONAL COMPENSATION

149. The City and Local 250-A 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.

150. For example, Employee X earning a base rate of pay of ten dollars ($10/hr.) per hour receives both Premium A (an additional $0.65 per hour) and Premium B (5% increase to base pay). Employee X may NOT add Premium A to their base wage BEFORE calculating Premium B, therefore pyramiding the latter premium. All premiums are separately and independently calculated against the base wage. Therefore the correct pay for Premium A is $0.65 per hour actually worked; Premium B is $0.50 per hour actually worked.

1. Night Duty

151. Employees shall be paid ten percent (10%) more than the base rate for each hour regularly assigned between 5:00 p.m. and 7:00 a.m. if the employee works at least one (1) hour of the shift between 5:00 p.m. and 7:00 a.m., except for those employees participating in an authorized flex-time program and who voluntarily work between the hours of 5:00 p.m. and 7:00 a.m..  Shift pay of ten percent (10%) shall be paid for the entire shift, provided at least five (5) hours of the employee's shift falls between 5:00 p.m. and 7:00 a.m.

2. Stand-By Pay

152. Employees who, as part of the duties of their positions are required by the appointing officer to standby when normally off duty to be instantly available on call for the performance of their regular duties, shall be paid the federal minimum wage per hour for the period of such standby service.  The issuance of an electronic paging device does not in itself constitute eligibility for standby pay.  When such employees are called to perform their regular duties during the period of such standby service, they shall be paid while engaged in such service the usual rate of pay for such service as provided herein.  Standby pay shall not be allowed for performing duties which are primarily administrative in nature.

153. No employee shall be compensated for standby service unless the appointing officer assigns said employee to such standby service.

3. Bilingual Pay

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

155. 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.

156. The Department shall allow a represented employee who has failed the Department’s bilingual certification the opportunity on one (1) occasion to take the certification offered by the City’s Department of Human Resources (“DHR”).  If the employee fails the DHR certification, the employee may only take the Department’s bilingual certification.

4. Automobile Allowance and Transportation

157. Employees who travel on a public carrier (including without limitation MUNI or BART) on City Business shall be reimbursed for such travel or provided with the lowest cost “Muni Only” fast passes the employee is eligible to receive. Employees provided with MUNI fast passes will not be reimbursed for BART expenses unless City Business requires the employee to travel outside of the City and County of San Francisco.

158. Employees required to use their own vehicles for City Business shall be reimbursed for mileage expenses incurred at the rate in accordance with the IRS allowance.

159. The City and County shall, in addition, reimburse the employee for all necessary parking meter, authorized parking lot, and toll expenses incurred while in the field.  For those days on which the employee is required to have a personal vehicle for use in City business, the City will reimburse the employee for the cost of parking the vehicle at an approved parking lot near the employee's work site.  

160. Employees in classifications 2806, 2808, 2810, 6120, 6122, and 6124 who are required by the Department, by written notice, to have their own vehicle available at the work-site for use in City business for eleven (11) or more days per month, whether or not the vehicle is actually used, shall be granted a $45.00 per month auto allowance in conjunction with said use.  For purposes of this Article, work schedules posted by the Department designating employees who are required to have their vehicles shall serve as written notification.  This allowance shall be in addition to the other allowances provided in this Article.

161. Employees who are required in writing to use a City vehicle or their personal vehicle for city business and who receive parking tickets for overtime parking in a legal parking area when they are unable to place money in parking meters or move their cars while on duty shall be reimbursed for no more than three (3) parking citations per covered employee per fiscal year of this agreement.  Employees requesting reimbursement shall be required to submit documentation in a form designated by department management demonstrating that:  (1) the citation was issued for overtime parking in a legal parking area; (2) the citation was issued at a time and location when the employee was acting in the course and scope of her/his employment; and, (3) the reason why the employee was precluded by her/his job duties from putting change into the meter in a timely manner.

5. Acting Assignment Pay

162. Employees assigned by the Department Head or designee to perform a substantial portion of the duties and responsibilities of a higher classification shall receive compensation at a higher salary if all the following conditions are met:

• The assignment shall be in writing.
• The position to which the employee is assigned must be a budgeted position.
• The employee is assigned to perform the duties of a higher classification for longer than ten (10) consecutive working days.

163. Upon written approval by the Appointing Officer, an employee shall be paid at five percent (5%) above the employee’s base salary but such pay shall not exceed the maximum step of the salary grade of the class to which temporarily assigned.  Acting assignment pay shall be retroactive to the first day of the assignment.  Premiums based on percent of salary shall be paid at a rate which includes out of class pay.

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

6. Lead Person Pay

165. Employees designated in writing by their supervisor as a lead person shall be entitled to a $15.00 per day premium when required to take the lead on any job when at least three (3) other persons in a similar job classification are assigned to the job.

7. Environmental Health Temporary Events

166. Through June 30, 2021, employees in classifications 6120 and 6122 who volunteer or are assigned to work a weekend, holiday or evening professional football, basketball or baseball  game (a “sporting event inspection assignment”) shall have the option to either: (a) accrue compensatory time for hours actually worked on the assignment, under with Article III.D.; or (b) receive a premium of  $310 for work performed, irrespective of the number of hours actually worked.  Effective July 1, 2021, employees in classifications 6120 and 6122 who volunteer or are assigned to work sporting event inspection assignments shall be compensated solely under Article III.D.

167. Sign-up for a sporting event inspection assignment shall be distributed first on a voluntary, rotational basis, beginning with the most senior 6122, and proceeding to the most senior 6120.  If there is an insufficient level of staffing being provided by volunteers, management retains the right of assignment.

168. Beginning with the sign-up for Environmental Health Temporary Events (TE) in 2020, the City shall include sporting event inspection assignments in the TE bid process.  Sporting event inspection assignments that occur during the normal non-holiday Monday through Friday work schedule shall not be included in the TE bid process and shall not receive additional compensation.

169. The TE bid process shall be limited to those inspectors who possess a current Registered Environmental Health Specialist (REHS) registration and whom the Department has deemed competent in conducting retail food inspections.  Eligible employees will bid based on seniority as set in the seniority roster maintained by the Department of Human Resources.  If, after the initial bid process, additional inspectors are needed for TEs, the Department will ask employees to volunteer.  If there are not enough volunteers to cover the TEs, the City will assign inspectors based on reverse seniority.

170. The Department may assign REHS inspectors with limited experience conducting retail food facility inspections or inspectors who have received a Registered Environmental Health Trainee letter from the State of California to a training program that will include shadowing inspectors.  The training will continue until the Department has determined that an employee is competent at conducting independent inspections.

8. Retroactive Tues-Sat Schedule Differential Pay

171. Included in the paycheck issued August 20, 2019, each represented employee in classifications 6120 and 6122 who worked in these classifications on Saturdays between November 7, 2015 and November 3, 2017, shall receive a one-time payment of five percent (5%) calculated off of the employee’s regularly scheduled hours worked on Saturdays during this time period. This payment shall be non-pensionable.

9.  Vector Control Certified Technician Premium

172. Effective July 1, 2019, employees in classification 6120 and 6122 who possess and maintain the Vector Control Certified Technician or Certified Technician (Limited) status issued by the California Department of Public Health and who are assigned by the Appointing Officer or designee to perform work requiring the use of a Vector Control Certification shall be paid a new two percent (2%) premium on base pay while engaged in vector control work.

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D. OVERTIME COMPENSATION & COMPENSATORY TIME

173. Exclusive of part-time employees any time actually worked by an employee in excess of the normal workday or week shall be designated as overtime and shall be compensated at one-and-a-half (1 ½ ) times the base hourly rate which may include a night shift premium for those regularly scheduled to work nights. For employees on alternate work schedules, the normal work day consists of the number of hours the employee is regularly scheduled to work.  Time worked excludes paid time off except for fixed holidays.

174. Employees working in classifications that are designated as having a normal work day of less than eight (8) hours or a normal work week of less than forty (40) hours shall not be entitled to overtime compensation for work performed in excess of said specified normal hours until they exceed eight (8) hours per day or forty (40) hours per week, provided further, that employees working in a flex-time program or working on an alternative work schedule shall be entitled to overtime compensation as provided herein when required to work more than eighty (80) hours per payroll period.  Overtime compensation so earned shall be computed subject to all the provisions and conditions set forth herein.

175. The Department of Human Resources shall determine whether work in excess of eight (8) hours a day performed within a sixteen (16) hour period following the end of the last preceding work period shall constitute overtime or shall be deemed to be work scheduled on the next work day.

176. 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.

177. Those employees subject to the provisions of the Fair Labor Standards Act who are required or suffered to work overtime shall be designated as non “Z” and paid in salary unless the employee and the Appointing Officer mutually agree that in lieu of paid overtime, the employee shall be compensated with compensatory time off.  Compensatory time shall be earned at the rate of time and one half. Employees occupying non “Z” designated positions may not earn more than eighty (80) hours of compensatory time in a fiscal year and shall not accumulate a balance of compensatory time earned in excess of eighty (80) hours.

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

179. 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 CTO balance paid out at the rate of the lower classification prior to promotion.

180. Employees occupying executive, administrative or professional positions designated by a "Z" symbol in the Annual Salary Ordinance shall not be paid for overtime worked but may be granted compensatory time off at the rate of one-and-a-half times for time worked in excess of normal work scheduled. "Z" classified employees shall not maintain a balance of more than one hundred sixty (160) hours of compensatory time and may carry forward unused compensatory time into the next fiscal year.

181. In order to allow “Z” classified employees the opportunity to take compensatory time off (CTO), when an employee has accrued one hundred and sixty (160) hours of compensatory time, the employee shall request days off as CTO within the next three (3) to six (6) month period.  The department shall not unreasonably deny a CTO request pursuant to this paragraph.  CTO will be taken in full workday blocks unless an alternative is mutually agreed upon.  Scheduling shall be by mutual agreement.

182. Overtime compensation, when available, shall be equitably distributed on a voluntary, rotational basis for those employees eligible and desiring overtime compensation.  When an overtime assignment must be made, the most senior qualified employees shall be given the first opportunity to volunteer for the overtime assignment.  The rotation will proceed to the next most senior, qualified employee and continue down through the seniority list.  Overtime shall be equalized among all volunteers on an annual basis.  If there is an insufficient number of volunteers, assignment may begin with the least senior employees able to do the work.

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E. HOLIDAYS AND HOLIDAY PAY

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

• New Year's Day
• Martin Luther King, Jr.'s Birthday
• President's Day
• Memorial Day
• June 19 (Juneteenth)
• Independence Day
• Labor Day
• Indigenous Peoples Day, Italian American Heritage Day
• Thanksgiving Day
• Day After Thanksgiving
• Veterans Day
• Christmas Day

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

185. 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.

186. FLOATING HOLIDAYS. In addition to the holidays listed above, the employees covered under this CBA will receive five (5) floating holidays (pro-rated for eligible part-time employees). The five (5) floating holidays may be taken on days selected by the employee subject to prior scheduling approval of management.  Employees (both full-time and part-time) establish initial eligibility for the five (5) floating holidays upon appointment. Employees hired on an as-needed, intermittent or seasonal basis shall not receive the five (5) floating holidays. Floating holidays received in one fiscal year but not used will be carried forward to the succeeding fiscal year. The number of floating holidays carried forward to a succeeding fiscal year may not exceed the total number of floating holidays received in the previous fiscal year, and at no time shall employees be able to accumulate more than 80 hours of floating holidays. No compensation of any kind shall be earned or granted for the five (5) floating holidays if not taken off. The five (5) floating holidays shall not be considered holidays for purposes of calculating holiday compensation for time worked.

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

188. 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 allowed a day off in lieu thereof as scheduled by the appointing officer in the current or next fiscal year.

189. HOLIDAY COMPENSATION FOR TIME WORKED.  Employees required by their respective appointing officers to work on any of the above specified or substitute holidays, excepting Fridays observed as holidays in lieu of holidays falling on Saturday, shall be paid extra compensation of one additional day's pay at time-and-one-half the usual rate (i.e.,12 hours pay for 8 hours worked) or a proportionate amount for less than 8 hours worked provided, however, that at the employee's request and with the approval of the appointing officer, an employee may be granted compensatory time in lieu of paid overtime pursuant to the provisions herein.

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

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

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

193. 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 previous consecutive work days shall be paid for the holiday.

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

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

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

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

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F. SALARY STEP PLAN AND SALARY ADJUSTMENTS

198. 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

199. An employee who has completed a probationary period or six months of service, whichever is less, and who is appointed to a position in a higher classification deemed to be promotive shall have a salary adjustment to that step in the promotive class as follows:

200. 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.

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

2. Non-Promotive Appointment

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

3. Appointment Above Entrance Rate

203. Upon the request of an appointing officer, appointments may be made at any step in the salary grade under one or more of the following conditions: experience, education/training, skill and/or performance.

4. Reappointment Within Six Months

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

5. Compensation Upon Transfer Or Re-Employment

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.

209. 6. Curator III Salary Adjustment 

Effective July 1, 2024, employees in class 3544 - Curator III shall receive a one-time wage adjustment of an additional four-and-twenty-four-hundredth percent (4.24%) to the base wage. This wage adjustment shall be applied prior to the application of any other wage increases effective on July 1, 2024.

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G. METHODS OF CALCULATION

210. Bi-Weekly.  An employee whose compensation is fixed on a bi-weekly basis shall be paid the bi-weekly salary for the employee’s position for work performed during the bi-weekly payroll period.  There shall be no compensation for time not worked unless such time off is authorized time off with pay.

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

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H. SENIORITY INCREMENTS

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

213. A provisional employee, who serves at least six months in the same classification to which the employee is appointed immediately prior to the appointment, shall have a six-month credit applied toward advancement to the second step.

214. 2. 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.

215. 3. Exceptions

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

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

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

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

220. e. An employee’s salary anniversary date shall be unaffected by this provision.

221. f. An employee may 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.

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

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

224. 6. An employee who (1) has completed probation in a permanent position, (2) is “Laid Off” from said position, (3) is immediately and continuously employed in another classification with the City either permanent or temporary, and (4) is thereafter employed in 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 permanent position.

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I. WORKERS COMPENSATION LEAVE

1. Supplementation of Disability Indemnity Payments

225. An employee who is absent because of an occupational disability and who is receiving Temporary Disability, Vocational Rehabilitation Maintenance Allowance, or 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, 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.

226. 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 Article.

227. 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.

228. 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.

229. 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.

230. 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.

2. Return to Work

231. 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.  When appropriate modified duty is not available within the employee’s classification, on the employee’s regular shift, and in the employees’ department, the employee may be temporarily assigned pursuant to this Article 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.  Employees 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.

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

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J. STATE DISABILITY INSURANCE (SDI)

233. The Department of Human Resources certifies to have enrolled all employees covered by this CBA under State Disability Insurance Program.  The cost of SDI will be paid by the employee through payroll deduction at a rate established by the State of California Employment Development Department.

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K. VACATION

234. Vacations will be administered pursuant to the Administrative Code, Article 11, Sections 16.10 through 16.16 (dated 12/94).

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L. HEALTH AND WELFARE

235. The 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:

Employee Only:

236. 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.

Employee Plus One:

237. 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.

Employee Plus Two or More:

238. 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.

Contribution Cap

239. 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.

Average Contribution Amount

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

241. DENTAL COVERAGE. The City agrees to maintain its contribution for dental benefits at present levels for the life of the agreement.

242. 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.

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

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M. RETIREMENT

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

245. All employees shall pay their own retirement contribution in the amount as prescribed in the Charter.

246. The parties reaffirm that all employees covered by the CBA shall be in a full retirement contribution status.  The parties recognize that the implementation of full contribution rather than reduced contribution is irrevocable.  

247. If it is determined through the voter process or through City action as a result of negotiations with any other Miscellaneous bargaining unit (as described by Charter section A8.409) to improve retirement benefits for other Miscellaneous employees, such improvements shall be extended to employees covered by this Agreement.  The effective date for such improvements to the Union’s retirement benefits shall be the date such improvement are ratified in the other Miscellaneous employees’ collective bargaining agreement.

Retirement Seminar Release Time

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

249. 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.

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

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N. 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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O. LIFE INSURANCE

The City will provide $50,000 in term life insurance to each employee.

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P. VOLUNTEER/PARENTAL RELEASE TIME

252. 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).

253. 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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Q. PAID SICK LEAVE ORDINANCE

254. 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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R. AIRPORT EMPLOYEE COMMUTE OPTIONS PROGRAM

255. 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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S. HOSPITAL AND SKILLED NURSING FACILITY COVID-19 WORKER RETENTION PAY

256. In accordance with Senate Bill 184 signed into law by the Governor on June 30, 2022, adding Part 4.6 of Division 2 of the California Labor Code, the City of San Francisco will provide a one-time worker retention payment as described in paragraphs 256 and 257 below, funded by the State of California and consistent with the terms and conditions set forth in the California Labor Code sections 1490, et seq.

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

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

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

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

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ARTICLE IV. WORKING CONDITIONS

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A. HEALTH AND SAFETY

261. The parties agree that employees must be able to work in an environment free of drugs and alcohol.  It is the parties’ goal to: assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; create a workplace environment free from the adverse effects of drug and alcohol abuse or misuse; prohibit the unlawful distribution, dispensing, possession or use of controlled substances; and, encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affects their ability to perform their assigned duties.

262. Towards this end, the parties have implemented the Substance Abuse Prevention Policy (SAPP) for employees in identified agreed upon positions that are not currently covered by the federal Department of Transportation testing regulations.  The SAPP applies to all classifications covered by this Agreement. Attached hereto as Appendix A, is the City’s current Substance Abuse Prevention Policy. This policy shall remain in effect until the City implements the Substance Abuse Prevention Policy set forth in Appendix C. Appendix C will be implemented after acquisition of a vendor to provide oral fluid testing.

263. The City acknowledges its responsibility to provide safe and healthy work environments for City employees and users of City services.  Every employee has the right to safe and healthy working conditions.  The parties recognize that some duties and physical areas of assignment may be hazardous and/or unsafe by virtue of the nature of the duties and responsibilities involved.  The Department agrees to take all reasonable steps to reduce any hazardous or unsafe conditions.  The Department and the Union will establish a joint safety committee within sixty (60) days of the execution of this CBA to evaluate such conditions and make recommendations for correction where possible.  The Committee shall issue reports to the Department and the Union on an ongoing basis, provided that its first report is submitted no later than sixty (60) days after its first meeting.

264. The Department shall designate rules and regulations governing field safety measures.  If mace is provided, the provision of mace, training for use of mace and the conditions under which the use of mace may be allowed are recognized to be within the sole discretion of the Department and shall be subject to departmental rules and regulations.  The use and provision of mace shall not be subject to grievance or arbitration.

265. The City shall designate a qualified City Safety Representative.  Said representative shall meet with representatives of the Union on all aspects of employee health and safety as it relates to the work site.

266. 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 every two years.

267. VDT Breaks.  All employees working on VDTs may take breaks away from the screen of at least 15 minutes after two (2) hours of VDT work.  In the event the VDT break does not coincide with a lunch or rest break, the employee shall perform other work duties, such as filing, etc.

268. Physical Plant.  The Department agrees to provide the following physical equipment and work environment for users of VDTs:  (a) when requested by the employee, effective glare screens shall be affixed to the front of such machines; (b) adjustable chairs, footrests and tables to allow for adjustment of individual machines; (c) optimal lighting conditions adapted to accommodate the types of equipment in use at each work site; and, (d) prior to the acquisition of additional or replacement VDTs, the Department agrees to meet and consult with the Union about such equipment.

269. Inspection.  The Department will regularly inspect VDTs and maintain such equipment in a proper state.

270. Pregnancy.  Upon request, a pregnant employee covered by this CBA shall have the right to be assigned duties or to be temporarily appointed to another position away from VDTs for the duration of the pregnancy.

271. Employees will not be required to transport patients in their own automobile.

272. All divisions/departments within the Bureau of Epidemiology, Disease Control, and AIDS will take all precautionary measures to protect the health and safety of those employees working with "high risk" populations and minimize their exposure to infectious Tuberculosis (TB).  Infectious TB refers to active TB in the lungs or larynx with a positive smear for Acid Fast Bacillus (AFB).

273. Within sixty (60) days of the execution of this CBA, each division/department that provides direct clinical services shall request a consultation/evaluation by the Department of Public Health's Division of Environmental Health or the State Hazard Evaluation Section of the work site of all employees covered by this CBA.  A written recommendation shall be made regarding ultra-violet (UV) lighting and/or HEPA filter system required and needed to provide adequate protection in work areas with poor ventilation and where "high risk" for TB patient contact is conducted.  "High Risk" refers to populations with a substantially increased risk of having active TB, such as homeless, incarcerated persons, persons with AIDS or at risk for HIV infection.  A copy of the written recommendations made by the Division of Environmental Health or State Hazard Evaluation Section will be forwarded to the Union no later than thirty (30) days after receipt of such report.  The City will identify funds and initiate implementation of the written recommendations within sixty (60) days of the written recommendations and availability of funds.  Reasonable time period for completing the work will vary depending on the complexity and cost of the recommendations.  Time-line should be guided by the recommendations.

274. Guidelines for tuberculosis control, including lighting and ventilation recommendations, will be maintained at all works site with direct clinical services within ninety (90) days of signing this CBA.

275. Training.  Employees performing blood drawing, PPD skin testing and any specimen collection shall be provided with all necessary safety equipment and training in accordance with state standards (see Health and Safety Code section 3194.5).

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B. PROTECTIVE CLOTHING & EQUIPMENT

276. Lab Coats.  Lab coats will be available to employees in the City Clinic on request when undertaking activities in which protection is required.  The dress standard for employees covered by this CBA shall be no higher than that required of other professionals working in the same unit of the Department.  Lab coats also will be available to employees who perform activities such as blood drawing, PPD skin testing and/or any specimen collection and in which protection is required.  The City will provide for the cleaning of above mentioned lab coats.

277. The Department shall provide disposable protective equipment to inspection staff who come into contact with raw human/animal sewage.  This equipment will be of such nature as to protect the personal clothing items of the field inspectors exposed to these materials while engaged in investigation or inspection activities.  Employees whose clothing are damaged or dirtied on the job while in the performance of normal duties shall submit a claim for reimbursement pursuant to Section 10.25-1 of the San Francisco Administrative Code.

278. Badges.  The Department shall provide badges/shields (excluding all accessories) to the Code Enforcement Officers of the 6120, 6122 and 6124 classifications, on a one-time basis.  If a badge is lost/stolen, it shall be replaced at the employee’s expense.  The badges shall be used in the performance of work-related duties and in compliance with departmental standard operating procedures.

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C. PAPERLESS POLICY

279. The Citywide Paperless Pay Policy applies to all City employees, covered under this Agreement.  

280. 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.

281. 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.

282. Grievances brought with respect to this Section IV.C, shall be initiated at Step 3 of the grievance procedure. Grievances brought regarding underlying compensation issues will be initiated at Step 1, pursuant to the grievance procedure.

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ARTICLE V. SCOPE

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A. SAVINGS CLAUSE

283.    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.

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B. ZIPPER CLAUSE/CIVIL SERVICE RULES/ADMINSTRATIVE CODE

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

285. The terms and conditions of employment for employees covered by this CBA shall be governed by the terms and conditions established by Charter provisions, ordinances of the Board, relevant rules of the CSC, and by the terms and conditions of employment set forth in this CBA.

286. Provisions of this CBA which are in conflict with provisions of ordinances, resolutions, rules or regulations over which the Board has jurisdiction to act, shall prevail.  Unless an existing ordinance, resolution, rule or regulation is specifically discussed and changed, deleted or modified by the terms of this CBA, it shall be deemed to remain in full operational effect.

287. 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.

288. 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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C. DURATION OF AGREEMENT

289. This CBA shall be in effect from July 1, 2024 to and through June 30, 2027.  

IN WITNESS WHEREOF, the parties hereto have executed this MOU 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

• Anthony Ballester, President, TWU Local 250A
• Pete Wilson, Executive Vice President, TWU Local 250A
• Michael Dennis, Secretary Treasurer, TWU Local 250A

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

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

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APPENDIX A: SUBSTANCE ABUSE PREVENTION POLICY

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

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1. MISSION STATEMENT

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

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

c. The City is committed to identifying needed resources, both in and outside of the City, for employees who voluntarily seek assistance in getting well.  Those employees who voluntarily seek treatment prior to any testing shall not be subject to any repercussions or any potential adverse action for doing so.  However, seeking treatment will not excuse prior conduct for which an investigation or disciplinary proceedings have been initiated.

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

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

b. Any employee, regardless of how the position is funded, who has been convicted of any drug-related crime that occurred while on City business or in City facilities, must notify the 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” means an occurrence associated with: (a) the operation of a vehicle, including, but not limited to any City owned or personal vehicles used during the course of the employee’s work day), power tools, or vessel; or (b) on equipment that is utilized to change the elevation of the employee.
    
b. “Adulterated Specimen” means a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.

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

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

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

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

g. “Covered Employee” means an employee in a represented classification covered by this Agreement who works in a City crime lab, who is authorized to drive on the Airport Field Area, or who is required in the performance of duties to regularly drive a vehicle or inspect/visit construction sites.

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

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

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

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

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

m. “Illegal Drugs” or “drugs” refer to those drugs listed in Section 5, except in those circumstances where they are prescribed by a duly licensed healthcare provider.  Section 5 lists the illegal drugs and alcohol and the threshold levels for which a covered or prospective employee will be tested.  Threshold levels of categories of drugs and alcohol constituting positive test results will be determined using the applicable Substance Abuse and Mental Health Services Administration (“SAMHSA”) (formerly the National Institute of Drug Abuse, or “NIDA”) threshold levels, or U.S. government required thresholds where required, in effect at the time of testing. Section 5 will be updated periodically to reflect the SAMHSA or the U.S. Government threshold changes.

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

o. “MRO” means Medical Review Officer

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

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

r. “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.

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

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

u. “Substance Abuse Prevention Coordinator” means a licensed physician, psychologist, social worker, certified employee assistance professional, or nationally certified addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders.

v. “Split Specimen” means a part of the urine specimen in drug testing that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.

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

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4. COVERED CLASSIFICATIONS

All classifications and positions indicated in Section 3(g) above shall be covered by this Policy.  The parties may add or delete classifications or positions by mutual agreement.

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5. SUBSTANCES TO BE TESTED

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

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

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

c. Upon receipt of a signed release from the employee’s licensed healthcare provider, the department representative may consult with healthcare provider to confirm specific job duties that the employee can perform while on prescribed medication.  If the employee’s healthcare provider is not readily available or none is given, the department representative may consult with any City-licensed healthcare provider before making a final determination as to whether the employee may perform any 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 any job functions.

d. If an employee is temporarily unable to perform safety sensitive functions because of any potential side effects caused by prescribed medication, the employee shall be reassigned to perform non-safety sensitive functions without loss of pay until either the employee is off the prescribed medication or is cleared by a licensed healthcare provider.  This reassignment shall last for a period of no more than thirty (30) working days.  If, after thirty (30) working days, the employee is still on said medication and/or not cleared by a licensed healthcare provider to perform safety sensitive functions, the City may extend this accommodation for a period not to exceed thirty (30) working days, provided that the healthcare provider certifies that the employee is anticipated to be able to resume safety sensitive functions after that thirty (30) day period.  Employees required to submit to testing shall immediately identify all prescribed medication(s) that they have taken. 

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

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6. TESTING

I. Reasonable Cause/Suspicion

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

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

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

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

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

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

II.  Post-Accident

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

1.  Fatality;
2. Employee involved in an on duty vehicular accident resulting in death and/or injury requiring transport for medical treatment;
3. Disabling damage to vehicles;
4. Damage to machinery, moving parts, or other non-vehicular equipment or structures in excess of $500.00 and
5. When reasonable cause/suspicion exists.

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

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7. TESTING PROCEDURES

I. Laboratory

a. The testing shall be done at a certified laboratory in California. Upon advance notice, the parties retain the right to inspect the laboratory to determine conformity with the standards described in this policy.  The laboratory will only test for alcohol and drugs identified in this policy. The City shall bear the cost of all required testing.

b. Testing procedures, including substances to be tested, specimen collection, chain of custody and threshold and confirmation test levels shall comport with the Mandatory Guidelines For Federal Workplace Testing Programs, established by the U.S. Department of Health and Human Services, as amended and the Federal Motor Carrier Safety Act regulations, where applicable.  Drug tests shall be conducted by laboratories licensed and approved by SAMHSA, which comply with the American Occupational Medical Association (AOMA) ethical standards.  Tests shall be by urine screening and shall consist of two procedures, a screen test (EMIT or equivalent) and if that is positive, a confirmation test (GC/MS).  Alcohol tests shall be by breathalyzer.  

c. Covered or prospective employees presenting themselves at a Substance Abuse Prevention Coordinator-approved drug collection site must have a minimum of one piece of government-issued photo identification and may not leave the collection site for any reason – unless authorized by the collection agency – until the employee has fully completed all collection procedures.  Failure to follow all collection procedures will result in the employee classified as “refusing to test.”  

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

e. The specific required procedure is as follows:

1. Urine will be obtained directly in a tamper-resistant urine bottle.  Alternatively, the urine specimen may be collected at the employee’s option in a wide-mouthed clinic specimen container that must remain in full view of the employee until transferred to, sealed and initialed, in separate tamper-resistant urine bottles.
2.  Immediately after the specimen is collected, it will be divided into two (2) urine bottles, which, in the presence of the employee, will be labeled and then initialed by the employee and witness.  If the sample must be collected at a site other than the drug and/or alcohol-testing laboratory, the specimens must then be placed in a transportation container.  The container shall be sealed in the employee’s presence and the employee must be asked to initial or sign the container.  The container will be sent to the designated testing laboratory on that day or the earliest business day by the fastest available method.
3. A chain of possession form must be completed by the hospital, laboratory and/or clinic personnel during the specimen collection and attached to and mailed with the specimens.

f. The initial test of all urine specimens will utilize immunoassay techniques.  All specimens identified as positive in the initial screen must be confirmed utilizing gas chromatography/mass spectrometry (GC/MS) technique that identifies at least three (3) ions.  In order to be considered “positive” for reporting by the laboratory to the City, both samples must be tested separately in separate batches and must also show positive results on the GC/MS confirmatory test.

g. All positive drug, positive alcohol or substitute, adulterated or diluted specimens as defined herein must be reported to a Medical Review Officer (MRO).  The MRO shall review the test results and any disclosure made by the covered or prospective employee and shall attempt to interview the individual to determine if there is any physiological or medical reason why the result should not be deemed positive.  If no extenuating reasons exist, the MRO shall designate the test positive.  The MRO shall make good faith efforts to contact the individual, but failing to make contact within two (2) working days, may deem the individual’s result a “lab positive.”  After the issuance of a “lab positive,” the covered employee may be placed on paid administrative leave pursuant to Administrative Code section 16.17, and will be barred from returning to work on paid City leave until the employee makes contact with the MRO and the MRO sends the Substance Abuse Prevention Coordinator a written confirmation of a negative result.  

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

i. In the event of a positive drug or alcohol test, the testing laboratory will perform an automatic confirmation test on the original specimen at no cost to the employee.  In addition, the testing laboratory shall preserve a sufficient specimen to permit an independent re-testing at the employee’s request and expense.  The same, or any other, approved laboratory may conduct re-tests.  The laboratory shall endeavor to notify the MRO of positive drug, alcohol, or adulterant tests results within five (5) working days after receipt of the specimen.  The employee may request a re-test within seventy-two (72) hours from notice of a positive test result by the MRO.  The requesting party will pay costs of re-tests in advance.

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

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

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

II. On-Site

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

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

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8. RESULTS

a. Any test revealing:

(i) a blood/alcohol level equal to or greater than 0.08 percent (or the established California State standard for non-commercial motor vehicle operations), or when operating a moving vehicle or performing a safety sensitive function as defined in this Policy; or

(ii) a blood/alcohol level equal to or greater than 0.04 percent (or the established California State standard for commercial motor vehicle operations), when operating a commercial vehicle, shall be deemed positive.  

b. Substance Abuse Prevention and Detection Threshold Levels

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9. CONSEQUENCES OF POSITIVE TEST RESULTS

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

b. The covered employee:

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

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

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

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10. RETURN TO DUTY

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

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11. TRAINING

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

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12. ADOPTION PERIOD

This Policy shall go into effect on January 1, 2013.

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13. JOINT UNION/CITY RELATIONS COMMITTEE

The parties agree to work cooperatively to ensure the success of this Policy.  As such, any implementation and other matters of mutual interests concerning this Policy shall be discussed in the parties’ Union/City Relations Committee (“UCRC”).  The UCRC may also discuss adding or deleting covered classifications or positions from this Policy.  The Director of Human Resources shall make a final decision based on the recommendations from the UCRC.

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

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ATTACHMENT SAPP MATRIX

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

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

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

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

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APPENDIX B: UNION ACCESS TO NEW EMPLOYEES PROGRAM

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I. Purpose

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

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II. Notice and Access

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

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

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

C. Notice

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

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

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

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

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

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

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

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

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

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

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

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.

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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APPENDIX C: SUBSTANCE ABUSE PREVENTION POLICY

1. 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); any water craft; powder-actuated tools; power tools; heavy machinery or equipment; underwater equipment; equipment that is used to change the elevation of the Covered Employee more than five (5) feet; or any other device(s) or mechanism(s) the use of which may constitute a comparable danger to the employee or others.

n. “Illegal Drugs” refer to those drugs listed in Section 5.a. Section 8.a. lists the drugs and alcohol and the threshold levels for which a Covered Employee will be tested.  Threshold levels of categories of drugs and alcohol constituting positive test results will be determined using the applicable Substance Abuse and Mental Health Services Administration (“SAMHSA”) (formerly the National Institute of Drug Abuse, or “NIDA”) threshold levels, or U.S. government required threshold levels where required, in effect at the time of testing, if applicable. Section 8.a. will be updated periodically to reflect the SAMHSA or U.S. government threshold changes.

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

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

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

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

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

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 fluid 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 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 any 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 any 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 any job functions.
2. If a Covered Employee is temporarily unable to perform the 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) A Covered Employee 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 (s)he has fully completed all collection procedures.  Failure to follow all collection procedures will result in the employee classified as a “Refusal to Submit.”  

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

d. Alcohol and drug testing procedures.  

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

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

II. Laboratory

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

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

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

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

III. Medical Review Officer (MRO)

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

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

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

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

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

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

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

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

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8. RESULTS

a. Substance Abuse Prevention and Detection Threshold Levels. 

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

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

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9. CONSEQUENCES OF POSITIVE TEST RESULTS

For post-Accident or reasonable suspicion, a Covered Employee shall be immediately removed from performing the 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. 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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13. 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

Testing Types/Issues    First Positive/Occurrence    Second Positive/Occurrence 
within Three (3) Years
Post-Accident and Reasonable Suspicion    Suspension of no more than ten (10) working days; Referred to Substance Abuse Prevention Coordinator (SAPC); SAPC may Recommend Treatment;1 Return to Duty Test.    Will be subject to disciplinary action greater than a ten (10) working- day suspension, up to and including termination except where substantial mitigating circumstances exist.
Refusal to Test or Alteration of Specimen ("Substituted," "Adulterated" or "Diluted")    Suspension of no more than ten (10) working days; Referred to Substance Abuse Prevention Coordinator (SAPC); SAPC may Recommend Treatment;1 Return to Duty Test.    Will be subject to disciplinary action greater than a ten (10) working- day suspension up to and including termination except where substantial mitigating circumstances exist.

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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ATTACHMENT A

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

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ATTACHMENT B

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

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Side Letter – 612x Series Minimum Qualifications Workgroup

The City will convene a workgroup consisting of the Department of Human Resources, the Union, 612X representatives, and selected stakeholders, to develop minimum qualifications (MQs) recommendations for the 612X series. The workgroup shall convene no later than January 1, 2025.

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