HomeMy WebLinkAboutStaff Report 3.F 10/17/2016DATE: October 17, 2016
Agenda Item #3.F
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Scott Brodhun, Assistant City Manager
SUBJECT: Resolution Ratifying the Tentative Agreement Executed by the Duly Authorized
Representatives of the City and the American Federation of State, Municipal and
County Employees, Local 675, Unit 1 — Confidential, Unit 2 — Maintenance, Unit
3 Technical /Clerical
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Ratifying the Tentative
Agreement Executed by the Duly Authorized Representatives of the City and the American
Federation of State, Municipal and County Employees, Local 675, Unit 1 — Confidential, Unit 2
— Maintenance, Unit 3 Technical /Clerical.
BACKGROUND
The American Federation of Municipal, State and County Employees, Local 675, (AFSCME)
Unit 1 — Confidential, Unit 2 — Maintenance, Unit 3 Technical /Clerical Memoranda of
Understanding expired on June 30, 2016. The City has met and conferred with Union
representatives and has reached a three year agreement with the Association over the terms and
conditions of employment for the contract period of July 1, 2016 through June 30, 2019. The
Tentative Agreement, presented individually by item, can be found at Attachment 1.
DISCUSSION
The City and the Association met over a period of four months. In the course of negotiations, the
parties agreed to comparator agencies and a compensation survey was completed to review the
compensation and benefits packages of comparator agencies. The parties agreed to equity
adjustments for those classifications that were found to be below the average of the comparator
agencies. The key economic elements of the Agreement are listed below.
Compensation
The results of the compensation study were given particular weight in the agreement reached by
the parties. No Cost of Living Adjustment was included in the Agreement. Classifications that
were between 5% and 9.99% below the average of the comparator agencies will receive a 3%
equity adjustment and include:
Laboratory Analyst
Environmental Compliance Inspector
Envirom- nental Services Technician
• Water Resources Technician
Classifications between 2% and 4.99% below the average of the comparator agencies will
receive a 2% equity adjustment and include:
• Mechanical Technician
• Senior Mechanical Technician
• Water Recycling Plan Operator I /II /III /Lead
• Utility System Operator /Assistant Utility System Operator
In addition, the parties recognized living expenses are rising. Therefore, employees not subject to
an equity adjustment were granted a $3,000 one -time, non - PERSable signing bonus. Employees
who received an equity adjustment were granted a $1,000 one -time, non - PERSable signing
bonus.
The parties agreed to a re- opener for the sole purpose of discussing whether a potential wage
adjustment will take place in Years 2 and /or 3 of the Agreement.
Retirement
AFSCME also agreed to pay an additional 3% toward PERS retirement starting in Year 1 of the
Agreement and an additional I% in Year 3. Concurrent with employees increasing their
contribution to PERS, the salary range of all AFSCME- represented classifications will be raised
by 3% in Year 1 and 0.75% in Year 3.
Health Benefits
The City contribution for medical insurance remains the same as in the expired Agreement:
Level
City Contribution
Employee Only
$700.95
Employee + 1
$1,389.95
Employee + 2 or more
$1,803.34
The parties agreed to a re- opener for the sole purpose of discussing whether a potential change in
the City contribution to employee health benefits will take place in calendar years 2018 and /or
2019.
Dental and Vision
The maximum lifetime benefit for orthodontia was increased from $1,000 to $2,000. The
maximum benefit for frames was increased from $120 to $180 and lenses from $200 to $300.
Additional changes include an adjustment to holiday pay. Most City employees not in 24/7
operations like Police and Fire work a regular schedule of ten hours a day, four days a week, or
nine hours a day five days a week, with every other Friday off. Holiday pay was eight hours,
meaning an employee was required to use two hours of leave for every holiday if s /he worked a
4/10 schedule, or one hour for employees on a 9 hour schedule. The Agreement provides that
fixed holidays will now be paid based on the employee's regular work shift rather than a flat
eight hours. As well, the boot allowance was raised from $200 to $250 annually.
2
Cost Saving Agreements
Medical Cash Back
Currently employees receive half of the City contribution for medical and /or dental insurance at
the level s /he is eligible (employee only, employee plus 1, or employee plus 2 or more) if the
employee waives his /her coverage under the City's health and /or dental benefits and provides
written verification of health and /or dental benefits insurance coverage from another source.
The parties agreed that medical cash back for all employees hired on or after October 10, 2016
shall be a flat amount of $400 and cash back for dental was discontinued.
Numerous changes were made to language in the MOUs and are intended to provide clarification
to items or provide consistency between the three units covered by the agreement. In order to
ensure all elements of the tentative agreement are incorporated correctly into the MOUs, final
MOUs will be brought for Council approval at a future meeting.
FINANCIAL IMPACTS
The estimated cost of the Agreement is $119,011 in the General Fund (GF) and $241,139 non -
General Fund (NGF) in Year 1; $17,585 GF and $50,080 NGF in Year 2; and $14,671 GF and
$51,531 NGF in Year 3. Ongoing resources related to fee updates, along with one -time revenues
received related to real property transfer taxes and mandated cost reimbursements have been
identified to fund the recommended costs.
The cost for the equity adjustments is estimated to be $47,904 NGF. The cost of the one -time
non- PERSable signing bonuses is $102,267 GF and $193,235 NGF. The City is self - funded for
dental and vision. Costs associated with improvements in the orthodontia and vision benefits are
negligible.
Savings from Medical Cash Back will occur as employees retire and new employees are hired.
To give an idea of the scale of savings, consider that if all employees currently receiving Medical
Cash Back were to receive the new benefit of a flat $400, the all funds savings would be
approximately $100,000 per year.
ATTACHMENTS
1. Resolution
2. Tentative Agreements between the City and AFSCME
3
ATTACHMENT 1
RESOLUTION RATIFYING THE TENTATIVE AGREEMENT EXECUTED BY THE
DULY AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA AND
THE AMERICAN FEDERATION OF STATE, MUNICIPAL AND COUNTY
EMPLOYEES, LOCAL 675, UNIT 1— CONFIDENTIAL, UNIT 2 — MAINTENANCE,
UNIT 3 TECHNICAL /CLERICAL
WHEREAS, the City of Petaluma, through its duly authorized representatives, and the
American Federation of State, Municipal and County Employees, Local 675 ( AFSCME),
through its duly authorized representatives, have concluded their mutual obligation to meet and
confer in good faith with respect to terms and conditions of employment for the employees of
Units 1, 2 and 3 in accordance with the Meyers- Milias -Brown Act and the City's Employer -
Employee Relations, Rules and Regulations (Resolution No. 55412 N.C.S.); and
WHEREAS, the duly authorized representatives of the City and the AFSCME have
executed a Tentative Agreement pursuant to Section 15, Resolution No. 5512 N.C.S. and
recommend their approval by the City Council; and
WHEREAS, the City Manager, pursuant to Section 28 of the Charter of the City of
Petaluma, and as the City's Municipal Employees' Relations Officer (Resolution No. 5375
N.C.S.), is required and empowered to make a recommendation to the City Council on matters
related to employees' compensation; and
WHEREAS, the City Manager has reviewed and concurs with said Tentative Agreement
for Units 1, 2 and 3 and does recommend that the City Council ratify said Tentative Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Tentative Agreement, being in the
best interests of the City of Petaluma, is ratified and the terms and conditions of said Tentative
Agreement, attached to and incorporated as Exhibit A, shall be effective July 1, 2016 through
June 30, 2019.
4
ATTACHMENT 2
Tentative Agreements
i
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Having met and conferred in good faith in accordance with the Meyers- Milias -Brown Act and the City's
Employer - Employee Relations, Rules and Regulations (Resolution No. 55412 N.C.S.), the parties agree
as follows;
The following is a package proposal. If this package proposal is ratified by AFSCME members and
presented to and approved by the City Council at the October 17, 2016 Council meeting, the effective
date of the increased employee contribution to PERS and concurrent base wage increase, equity
adjustments and non - PERSable signing bonus shall be October 10, 2016, ivhich will be paid on the
October 28, 2016paycheck
Term
Three years — July 1, 2016 through June 30, 2019
Salaries (AFSCME Proposals 2 and 3)
Signing Bonzes — Non - PERSable
If and only if the parties reach an agreement for a contract with a three -year term July 1, 2016 through
June 30, 2019, the City will provide a non - PERSable signing bonus as follows.
• Effective in the first fall pay period following ratification by the City Council, those classifications
currently filled, who receive an equity adjustment for FY 2016 -2017, shall receive a one -time non -
PERSable signing bonus of $1,000, payable the first full pay period following approval by the City
Council.
• Those classifications currently filled who do not receive an equity adjustment fox FY 2016 -2017
shall receive a one -time non - PERSable signing bonus of $3,000, effective the first full pay period
following approval by the City Council.
The two elements of this portion of the proposal may not be separated. In other words, the $3,000 or
$1,000 signing bonus is contingent upon the parties reaching an agreement with a three year terra.
Employee Contribution to PERS Retirement
If and only if the parties reach an agreement with a three -year term July 1, 2016 through June 30, 2019,
in exchange for employees agreeing to pay 3% additional for PERS (for a total of 10% employee
contribution), the City will raise base wage by 3 %. Both the 3% employee additional contribution to
PERS and the 3% base wage increase shall be effective in the first pay period following ratification by
the City Council. The two elements of this portion of the proposal may not be separated. In other words,
the 3% base wage increase is contingent upon the employee paying an additional 3% toward PERS
retirement.
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Effective the first full pay period in July 2018, in exchange for employees agreeing to pay an additional
one percent (1 %) (for a total of 11% employee contribution), the City will raise base wage by 0.75 %.
The parties shall work collaboratively to expedite formal adoption of a contract amendment with
CalPERS to reflect this cost - sharing agreement under which the employee is paying a portion of the
employer contribution to PERS.
EuiU Adjustments
Equity adjustments are based on the corrected salary survey provided to AFSCME on 8/1/16.
Effective in the first full pay period following ratification by the City Council, the following shall
receive a 3% equity adjustment.
• Laboratory Analyst
• Environmental Compliance Inspector
• Environmental Services Technician
• Water Resources Technician
Effective in the first full pay period following ratification by the City Council, the following
classifications shall receive a 2% equity adjustment.
• Mechanical Technician
• Senior Mechanical Technician
• Water Recycling Plant Operator I /II /III /Lead
• Utility System Operator /Assistant Utility System Operator
Wage Re- Opener
The parties will re -open negotiations in April 2017 and April of 2018 for the sole purpose of discussing
whether a potential wage adjustment will take place for Fiscal Year 17/18 and/or Fiscal Year 18/19.
(Specifically for increasing wage only) For the purposes of this wage re- opener, wage increase can take
the form of a COLA and /or other financial payment.
If the parties are unable to reach agreement following re- opener negotiations, the City recognizes the
right of non - essential AFSCME - represented employees to strike after impasse procedures have been
exhausted.
k
AFSCME Proposal #4 (and 18) Health Benefits — Active Employees
Current City contribution continues for the first year of the contract and a re- opener in years two and
three of the contract. Medical coverage for CY 16 and CY 17 are as shown in the following table.
2017
Kaiser
2016
PEMHCA
Total City
EE Cont
EE less than
2016
Total EE
savings
Health
$575.95
$128.00
$703.95
= $29 44-
($16.08)
Rates
$1,466.78
PEMHCA
$128.00
$1,392.95
(Based on
($349.92)
Contribution
Total 2016
$128.00
$1,806.34
2016 Kaiser
($37.01)
(Added to the
City's
Employee
Permanente
City's Benefit
City's Benefit
Contribution
Contribution
Coverage
Rates)
Contribution
Contribution )
Rate
KAISER
Employee
$746.47
$575.95
$125.00
$700.95
Only
Employee
$1,492.94
$1,264.95
$125.00
$1,389.95
$IO2 99,
Employee
$1,940.82
$1,678.34
$125.00
$1,803.34
$13748;;
+2 or>
2017
Kaiser
City
PEMHCA
Total City
EE Cont
EE less than
2016
Total EE
savings
$733.39
$575.95
$128.00
$703.95
= $29 44-
($16.08)
($192.96)
$1,466.78
$1,264.95
$128.00
$1,392.95
($29.16)
($349.92)
$1,906.81
$1,678.34
$128.00
$1,806.34
$100.4T
($37.01)
($444.12)
The City and the Union will conduct re- opener negotiations for City contribution to medical insurance
only in Years 2 and 3.
The Parties will begin the reopener negotiation shortly after PERS announces the rates. If the parties are
unable to reach agreement following re- opener negotiations, the City recognizes the right of non-
essential AFSCME- represented employees to strike after impasse procedures have been exhausted.
The language for all three Units under this proposal would read as follows:
HEALTH BENEFITS — ACTIVE EMPLOYEES
Active Employees — PEMHCA Contribution
The City currently provides health benefits through the California Public Employees' Retirement System
(CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care Act
(PEMHCA). The City's employer contribution for each employee's health benefits shall be the minimum
required by PEMHCA. The City pays this contribution directly to CalPERS. This amount is established
annually by PERS and is the minimum amount the agency must pay on behalf of the employee for
medical insurance. It is separate and apart from the annual health insurance rates and the additional
contribution noted in Section # #.2 Additional Contribution.
Additional Contribution
The amount of the City's additional contribution for current employees and their covered family members
shall be $575.95 for employee only, $1,264.95 for employee plus one, and $1,678.34 for employee plus two
or more. These amounts do not include the City PEMCHA contribution identified in S ection # #.1 Active
Employees — PEMHCA Contribution. The City's additional contribution shall not exceed these amounts
unless and until a different amount is negotiated by the parties.
The parties agree to re -open negotiations in July 2017 and July 2018 for the sole purpose of discussing
whether an adjustment to the City Additional Contributions may take place for Calendar Years 2018 and
2019. The only item that is subject to this re- opener is a potential adjustment to City Additional Contribution
for January 1, 2018 and/or January 1, 2019.
Employee Contribution
Employees shall contribute to his/her CalPERS Health Premium in the amounts less the City's PEMHCA
contribution and less the additional benefit paid by the City.
CASH IN -LIEU OF HEALTH AND DENTAL BENEFITS
City proposal remains unchanged.
The. City proposes the following language be added at the end of Section 29 (Section 30 for Unit 2) so
that all new employees hired on or after October 1, 2016 will receive a flat rate of $400 cash in -lieu of
health benefits, and the cash -in lieu for dental benefits will be eliminated.
Unit 1: Section 29
Unit 2: Section 30
Unit 3: Section 29
Employees hired on or after 10/10/16
For new City employees hired on or after October 10, 2016, the cash in -lieu amount for health benefits
shall be $400. Employees hired on or after ratification and approval shall not be eligible for cash -in lieu
for dental benefits.
Upon declining medical insurance, the employee will be required to meet the terms and conditions
regarding the City's medical plan. If an employee decides to stop receiving the medical cash back and
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wishes to enroll into the City's medical plan, then he /sl o iiiust of t the current terms and conditions of
the City's medical plan. n ; r
1 ,
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For ME, Local 675
Felix Huerta
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Date
For 14 6 Cit�of Petaluma
Di le Dinsmore. Director of Human Resources
/01/v/*/(,�
Date
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For AFSCME, Local 675
ICen Whaley, President
Date
For the City of Petaluma
Scott Brodhun, Assistant City Manager
Date q t
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Salary on Promotion
The City agrees to replace Unit 2, Section 6.2 with the following language and add this language
to Units 1 and 3.
Salary — Permanent Transfer To A New Classification
When an employee is promoted, he /she shall be paid the hourly rate next higher to his/her own
within the pay grade for the classification to which he /she was promoted. If the next higher rate
is less than four percent (4 %) above the employee's tyr;Zct4Vt itrly rate, the employee shall be
placed at the next higher step that provides at least 0 (4 %) increase.
. --
For AFSCME, Local 615 Fo • th Ci - of Petaluma
Felix Huerta Dianne Dinsmore, Director of Human Resources
Date
For AFSCME, Lo6a1675�
Ken Whaley, President
F 2-
Date
'
Date
c°c
For the ity of Petaluma
Scott Brodhun, Assistant City Manager
Date
Tentative Agreement between
American Federation of State, County and Miunicipal Employees (AFSCME) Local 675
and the City of Petaluma
Boots Allowance
The parties tentatively agree to increase the Boot Allowance from $200 to $250 per year as
follows:
Special Compensation -- Work Boots
The City shall pay the cost of all work boots up to two - hundred dollars ($250) per fiscal year.
Replacement of work boots shall be on an as- needed basis with approval of the department
director. Receipts for work boot reimbursement shall be submitted to Human Resources for
processing.
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For AFSCME, Local 675
Felix Huerta
gvg
Date
Dianne Dinsmore, Director of Human Resources
Date
For AFSCME co a1675 For th TRY of Petaluma
Ken Whaley, President Scott Brodhun, Assistant City Manager
Date Date
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Temporary Assignment Pay
The parties tentatively agree to replace Unit 1, Section 6.3; Unit 2, Section 6.5; and Unit 3, Section
6.2 with the following language so that all Units shall read as follows:
Temporary Assignment Pay to a Higher Classification
Employees assigned to perform higher level tasks outside his /her classification shall be
compensated at an additional five- percent (5 %) on an hour -per -hour basis when such work is
being performed. Employees who are asked to perform such higher level duties are eligible for
premium pay when the following conditions are met:
(A) The employee must have been assigned the work by either the employee's supervising
manager or department director.
(B) If the member thinks an assignment is "out -of- class ", it is the responsibility of the
employee to inform the person assigning the duty prior to engaging in the assignment.
(C) If the employee and person assigning the work disagree that the work should be
compensated as "out -of- class," the employee shall initiate the work assigned and may
resolve the issue through the grievance procedure.
It is the responsibility of the employee to inform the person assigning out -of -class work when
such work is finished.
An employee holding a classified position may temporarily be assigned significantly all of the
duties of another position in a higher classification for a period not to exceed ninety (90)
calendar days during any fiscal year.
(A) The employee so assigned shall receive either the next higher step in the classification to
which he /she is assigned or a five percent (5 %) increase, whichever is greater.
(B) Compensation for vacation, sick leave, and holida )K�s described in this section shall be
computed at the employee's hourly rate on th /p�Xctiv e date of termination
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For AFSCME, Local 675 For the City of Petaluma
Felix Huerta Dianne Dinsmore, Director of Human Resources
Date Date
a
For AFSCME, Local 675
Ken Whaley, President
Date
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For the Ci of Petaluma
Scott Brodhun, Assistant City Manager
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Date
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Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Holidays
The parties tentatively agree to add the following language for all three Units to the current
language:
Unit 1: Section 11.1
Unit 2: Section 12.1
Unit 3: Section 11.1
Holidays currently provided in the MOU will be based on the employee's regular work shift. For
example, if an employee works a 4/10 schedule, s/he shall receive 10 hours of holiday pay for
the holiday. If an employee works a 9/80 schedule, s/he shall receive 9 hours of holiday pay for
the holiday. If an employee works a 5/8 (five days per week, 8 hours per day) schedule, s /he
shall receive 8 hours of holiday pay for the holiday. The same shall be true for any employee
whose regular work week is fewer than 40 hours per week, except that no such employee shall
receive more than eight (8) hours of pay for the holiday. i "1
For AFSCME, Local 675 For fhe City of Petaluma
Felix Huerta Dianne Dinsmore, Director of Human Resources
Date
For AFSCME, oca1675
Ken Whaley, President
g - -�K -1 (�
Date
Date
Iz
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For the City{oAPetaluma
Scott BrodhuW Assistant City Manager
Date
City 7/25116 Response to AFSCME Local 675 Proposals
Negotiation of Successor Agreement to Units 1, 2, 3 MOU expiring 6130/16
City 7/25/16 response to AFSCME Proposal #6 Definition of Terms
AFSCME has expressed an interest in consistency of language across bargaining touts to the extent
AFSCME and the City can agree to such consistency. On 5/2/16, AFSCME proposed adding the
language in Unit 2 Section 3 Definition of Terms to the Unit 1 and 2 MOUs.
The City agrees to include the Unit 2 Definition of Terms in all three Units, with the modifications made
below to conform with Rule 1- Definition of Terns in the City of Petaluma Personnel Rules and
Regulations, so that the proposed language for Unit 1, 2 and 3 would read as follows:
SECTION 3 — DEFINITION OF TERMS
The following definitions apply throughout this MOU unless the context requires another meaning.
3.1 The terms "employee" and "employees" as used in this MOU,- (except where the MOU clearly
indicates otherwise) shall mean only an employee or employees within the unit described in
DeseAptieft of Exhibit A — Saln Table,
3.2 The term "temporary" shall mean any individual or individuals whose employment is limited in
duration.
33 The term "regular full -time employee" shall mean an employee in the competitive service who
has successfully completed the probationary period and whose normal schedule of work is forty
(40) hours per calendar work week.
3.4 The tern "regular part -time employee" shall mean an employee in the competitive service who
has successfully completed the probationary period and whose normal schedule of work is less
than a regular full -time employee.
3.5 "Calendar day" means the twenty -four (24) consecutive hour period beginning at midnight, and
ending at midnight the following day.
3.6 "Calendar work week" means a consecutive seven (7) days beginning at 0001 day 1 and
continuing until 2400, 168 hours later.
3.7 "Normal work week" means any five (5) consecutive calendar days within a calendar work week.
3.8
3.9
"Seniority" means uninterrupted employment with the City beginning with the last date hired by
the City and shall include periods of City employment outside the Unit, but shall exclude periods
of layoff, leaves of absence without pay, and leaves of absence, except medical, in excess of
thirty (30) consecutive days, including the first thirty (30) days of such absence.
Fit
City 7125/16 Response to AFSCME Local 675 Proposals
Negotiation of Successor Agreement to Units 1, 2, 3 MOU expiring 6/30116
the probationary period. [Note: Details about the probationary period are in the body of the
MOU; Unit 1— Section 39; Unit 2 — Section 44, Unit 3 — Section 39]
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City 7125/16 Response to AFSCME Local 675 Proposals
Negotiation of Successor Agreement to Units 1, 2, 3 MOU expiring 6/30116
City 7125/16 response to AFSCME Proposal 48 Union /City Meetings
AFSCME has expressed an interest in consistency of language across bargaining units to the extent
AFSCME and the City can agree to such consistency. On 4/26/16, AFSCME proposed adding the
language in Unit 2 Section 4.4 Union Rights — Union/City Meetings to the Unit 1 and 2 MOUs.
The City agrees to include the Unit 2 Section 4.4 Union Rights — Union/City Meetings language, as
modified below, in Section 3 — Union Rights of the Unit 1 and 3 MOUs, so that the proposed language
for Unit 1, 2 and 3 would read as follows:
4.4 Union Rights -- Union/City Meetings
At the request of either the Union or the City, conferences shall be held for the purpose of considering
matters of mutual interest ether than t l J r �g � table nts as to time and plaee ean be a
All such conferences shall be arranged through the steward of the Union, or his/her designated
representative, and a designated representative of the City Manager. Representatives of the Union, not to
exceed two (2), shall not suffer loss of time or pay when absent from his/her normal schedule of work for
the purpose of attending a conference. Conferences may be attended by the AFSCME Business Agent
Benefit plan review and proper classification assignment are examples of
Abe appropriate subjects for such conferences.
It is understood that such conferences are not considered meet and confer and any matters discussed, or
any action taken pursuant to such conferences, shall in no way change or alter any of the provisions of the
MOU, or the rights of either the City or the Union under the terms of the MOU
f
City 6/20116 Response to AFSCME Local 675 Proposals
Negotiation of Successor Agreement to Units 1, 2, 3 MOU expiring 6/30/16
AFSCME Proposal #11 — Missed Meal Period
AFSCME has expressed an interest in consistency of language across bargaining units to the extent AFSCME
and the City can agree to such consistency. AFSCME proposed that the language in Section 8.3 Overtime —
Missed Meal Period of the Unit 2 MOU be added to the Unit 1 and 3 MOUs.
Since this language was drafted, the City has moved to a 4/10 and 9/80 schedule, depending on work site.
Therefore, the normal lunch break would be after five hours of work. However, the purpose of additional
compensation is to recognize when an employee must work well beyond his /her normal meal period as a result
of critical work that cannot reasonably be suspended for the purpose of a meal break. Therefore, the City
counter proposes that the Unit 2 language be modified as follows and included in all three MOUs:
If an employee is required to work more than five (5) six f6 consecutive hours without a meal period
during a regular work shift, the employee shall be paid at the rate of time and one -half (1.5) for all time
worked in excess of five ( / six 6 hours until such time as the employee receives a meal period. Such
pay shall be provided only if the employee has informed his/her supervisor of the need to continue work
beyond six hours without a meal period and the supervisor has granted permission for the emplo ewe to
do so. If emeraencv circumstances preclude the emplovde from seeking brior anbroval from his/her
Cif r- eat.,) e�i
City 811/16 Response to AFSCME Local 675 Proposals r
Negotiation of Successor Agreement to Units 1, 2, 3 MOU expiring 6/30/16
City Response to AFSCME 7/25/16 Proposal Regarding Standby 1
AFSCME has expressed an interest in consistency of language across bargaining units to the extent
AFSCME and the City can agree to such consistency. AFSCME proposed Mechanical Technician,
Senior Mechanical Technician, and Water Resources Technician be paid 18% if placed on standby. The
City expressed its concern that employees continue to receive Standby pay when they are working after
being called while on Standby and that they receive overtime on the 18% Standby pay. AFSCME states
an employee would not answer the standby phone while working if they are not being paid standby in
addition to their hourly rate of pay at time and one half. The City disagrees with AFSCME's position.
Nevertheless, in the interest of resolution of this issue, the City agrees to the following language;
Unit 3 Language
10.1 St, andby
An employee assigned standby shall be compensated at the rate of five dollars ($5.00) per hour
for every hour the employee actually stands by. A Mechanical Technician, Senior Mechanical
Technician and Water Resources Technician assigned standby shall be compensated at the rate
of eighteen percent (18 %)per hour for every hour the employee actually stands by. A minimum
of one (1) hour at time and one -half (1.5) shall be paid by the City for every call or assignment
required. If an employee receives more than one call within a one hour period, the employee will
be compensated for a minimum of one hour, or time actually worked, whichever is greater.
When an employee is assigned standby, the employee must be ready to respond as soon as
possible, be reachable by telephone or pager, be able to report to work in a reasonable amount of
time, and refrain from activities which might impair his/her ability to perform assigned duties.
No employee shall be paid for Standby duty time and other compensabee duty time
simultaneously. Time actually worked while on Standby duty will be compensated at the
employee's hourly rate of pay times one and one -half (1.5). While the o„-,,,e�� }ly
Standby assignments shall be rotated as equitably as possible among employees with
consideration given for the qualification and ability of an employee to perform the work. When
possible, standby assignments shall be distributed on a voluntary basis to qualified employees.
An employee shall be required to be on standby assignment when it is determined by the City
that such assignment is essential to the continuing efficient operation, of the City or in an
emergency.
10.2 Emergency Situation
If, in an emergency situation, an employee in this unit is asked to leave work before the end of
his/her scheduled work day with the expectation that he /she will be called back to work to finish
the remainder of his /her work day at a later time, but the employee is not in fact called back to
work that day, the City agrees to compensate the employee for the full normal working day. In
exchange, up until the time that the employee's regular shift is scheduled to end, such employees
will be on standby status, without any entitlement to any extra co /m`. e sation.
FAQ ,� �'
City 811116 Response to AFSCME Local 676 Proposals
(Negotiation of Successor Agreement to Units 1, 2, 3 MOU expiring 6130/16
10.3 Callback — Minimum
Employees, who are called back to work after having completed the normal shift and /or after
having left the worl(site, shall be compensated a minimum of two (2) hours at the overtime rate.
Unit 2 Language
SECTION 10 — CALLBACK AND STANDBY
10.1 Callback
An employee who is called back to work after having completed his/her regular shift and left the
City premises shall receive a minimum of two (2) hours work or two (2) hours pay, at the
overtime rate. To the extent an employee is paid overtime premium pursuant to the overtime
schedule under Section 8.4 (Overtime) listed above, he /she shall not be paid overtime premium
under the callback section for .the same time worked. This paragraph shall not apply to
employees, who are called in early for a shift, i.e., when they work continuously from the time
they are called in until his/her regular shift begins.
10.2 Standby —Define
When an employee is assigned standby, the employee must be ready to respond as soon as
possible, be reachable by telephone or pager, be able to report to work in a reasonable amount of
time, and refrain from activities which might impair his/her ability to perform assigned duties.
Standby assignments shall be rotated as equitably as possible among employees with
consideration given for the qualification and ability of an employee to perform the work. When
possible, standby assignments shall be distributed on a voluntary basis to qualified employees.
An employee shall be required to be on standby assignment when it is determined by the City
that such assignment is essential to the continuing efficient operation of the City or in an
emergency.
An employee assigned standby shall be compensated at the rate of eighteen. percent (18 %) per
hour of his/her regular hourly rate for every hour the employee actually stands by.
No employee shall be paid for Standby duly time and other compensable duty time
simultaneously Time actually worked while on Standby duty will be compensated at the
employee's hourly rate of pay times one and one -half (1.5).
woi4dnR, ctandr shall as &e j_„ , cease
. _.
10.3 Standby— Weekend/Holiday
A minimum of one (1) hour at time and one -half (1.5) shall be paid by the City for every call or
assignment required. If an employee receives more than one call within a one hour period the
employee will' be compensated for a minimum of one hour, or time actually worked, whichever
is tg .eater.
10.4 Standby — Water Recycling Plant Operator III and Water Recycling Plant Lead Operator
A Water Recycling Plant Operator on standby must be able to respond at the plant withi on (1)
hour of being called. � � �( � / ,
-t- A- � t_j
10.5 Standby — Assiwnment to Check Computer
City 811/16 Response to AFSCME Local 676 Proposals
Negotiation of Successor Agreement to Units 1, 2, 3 MOU expiring 6130/16
A Water Recycling Plant Operator on standby shall: 1) check the computer two (2) times
between the hours of departure from the plant and 10:00 pm.
10.6 Standby - Telephone or Electronic Consultation
Telephone or Electronic consultation applies to Water Recycling Plant employees available to
work, who are called during their non -work hours. Telephone or electronic consultation begins
once the employee is called from a person or the computer and responds with technical
assistance and provides information or alarm response to resolve an urgent facility or process
problem.
Employees who are called and provide consultation shall be paid at minimum of one hour
straight pay. If the problem cannot be resolved by the telephone consultation, then Callback
section 10.1 of the MOU shall be applied, if applicable.
10.7 Standby — Does not apply
Section 103 does not apply to Water Recycling Plant employees on standby called for a
telephone or electronic consultation.
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Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Compensatory Time
The parties tentatively agree to replace the current language for Section 9 with the following
language for all three Units:
Section 9 Compensatory Time
9.1 Compensatory Time Off --- City Choice
Employees may accrue compensatory time in lieu of being paid for overtime. Employees
may accrue up to a total of two- hundred -forty (240) hours of compensatory time per
fiscal year. Employees may retain no more than two- hundred -forty (240) hours of
compensatory time on the books at any given time. Compensatory time shall be taken at a
mutually agreeable time between the employee and the City, subject to the operational
requirements of the City. Employees may take up to five (5) days of compensatory time
off at a mutually agreeable time between the employee and the City subject to the
operational requirements of the City. Compensatory time in excess of the two- hundred-
forty (240) hour limit shall be paid at one and one -half (1.5) times the regular rate of pay.
9.2 Compensatory Time Payment
All accumulated compensation time, but for eighty (80) hours, will be paid to the
employee by the City on the first paycheck in October.
An employee may submit a request to the City Manager to cash out compensatory time if
an employee faces an unforeseen financial hardship, such as significant medical expenses
due to a serious illness or injury, or serious property damage caused by an act of nature
(severe storm, earthquake). The City Manager shall respond to such request within eight
(8) business days. The decision of the City Manager shall be final.
9.3 Compensatory Time Payments — Separation From City of Petaluma
Employees separated from City of Petaluma servic shall receive a lump sum payment
for all accumulated, unused compensatory in e.
For AFSCM ocal 67P Vianne e of Petaluma
Felix Huerta Dinsmore, Director of Human Resources
� 10's-Ig 1
Date Date
ry ,,
For AFSCME, Local 675
Ken Whaley, President
--2 -7C- /�
Date
For the Ci of Petaluma
Scott Brodhun, Assistant City Manager
Date
u
g.
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Section 8 ALTERNATE WORK WEEK AND OVERTIME
The parties tentatively agree to use the following language for all three Units:
ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Schedule
The City agrees to consider reasonable alterative work week programs proposed by the
Union. Such proposals (e.g. four (4) day work week, flex scheduling, 9/80, job sharing)
may be considered on a case -by -case basis by the City. However, the decision as to
whether and when, if at all, to implement such alternate programs, the operation of such
programs, and the ability to modify and/or terminate such programs, is left exclusively
with the City.
8.2 Alternateive Work Week — Overtime
Employees who are working an alternateive work week of forty (40) hours per work
week shall be paid overtime for hours worked beyond the regularly assigned hours for
that day in accordance with the City's alterateive work week policy. For example, for an
employee assigned to a 9/80 schedule, overtime shall be calculated after the ninth hour
worked in one day or after forty hours worked in a work week, for an employee assigned
to a 4/10 schedule overtime shall be calculated after the tenth hour worked in one day or
after forty hours worked in a work week.
8.3 Overtime — Missed Meal Period
[Overtime — Missed Meal Period addressed in separate document]
8.4 Overtime — Compensation Rate
Except as otherwise noted in Section 8.2 above, all hours worked in excess of eight (8)
hours in any one day or in excess of forty (40) hours in any work week shall be paid for
at the overtime rate which shall be one and one -half (1.5) times the regular straight time
hourly rate of pay. Overtime shall not be pyramided or compounded.
8.5 Overtime — Assignment Of
Overtime shall be distributed as equitably as possible, without favoritism, and in the best
interests of the City among the employees of the department who are qualified to perform
and who have demonstrate the ability to perform overtime services efficiently.
8.6 Overtime — Twenty Four (24) Hour Notice
In general, overtime work shall be voluntary, provided, however, when at least twenty -
four (24) hours advance notice of an overtime assignment is given or when it is not
practical to give advance notice, an employee will be expected to work.
8.7 Overtime — Holiday Schedule
An employee required to work a paid holiday shall receive, in addition to the eight (8)
hours holiday pay, further compensation at the overtime rate for the actual holiday
worked.
8.8 Rest Periods
Whenever practical, employees who for any reason work beyond his/her regular quitting
time into the next shift will be afforded a fifteen (15) minute rest period before starting
work on the next shift. In addition, they shall be granted the regular rest period unless an
emergency situation occurs or exists.
8.9 Meal Period — Duty Free
All employees shall be granted a meal period of thirty (30) minutes during each
scheduled work shift, except for employees who work other than the regular day shift.
The designated thirty (3 0) minute meal period shall be without pay.
8.10 Meals — Non -Duty Free
The City shall pay eight ten dollars ($10 -9) to an employee who is requested and who
does work two (2) hours beyond the employee's normal quitting time and has been
prevented from eating a meal after such quitting time. Those employees who work
beyond four (4) hours on a callout after having left the City premises shall receive the
eight ten dollar ($10 -g) meal payment.
There shall be granted a rest period at the time, place, and manner that does not interfere
with the efficient operation of the department. Such rest period shall be with pay and
shall not exceed fifteen (15) minutes for each four (4) hours of work. The rest period is
intended to be a recess to be preceded and followed by an extended work period.
Consequently, it may not be used to cover an e loyee's late arrival to work or early
departure, to extend the meal period, nor t b regarded as cumulative if not taken.
J , 1�
For AFSCNff, Local '05 5 For the i of Petaluma
Felix Huerta Dianne Dinsmore, Director of Human Resources
Date
/ ��
Date
or AFSCME, ocal 675 For the Ci f Petaluma
Ken Whaley, President Scott Brodhun, Assistant City Manager
2 C
Date
Date
may,
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Bonus Holiday
The parties tentatively agree to add a Bonus Holiday to Section 11 of Units 1 and 3 so that the
language for Units 1 and 3 shall read as follows:
11.3 Bonus Holiday
The City and the Union agree that an employee, who does not use any sick leave during the
period between July 1 and June 30, will be allowed to convert one (1) dgy of sick leave to one
(1) day of vacation the following fiscal year, A
For AFSCME, Loc 1 W75
Felix Huerta
V011 V*
Date
For AFSCME, Local 675
Ken Whaley, President
Date
Fq lW City of Petaluma
Dianne Di smore, Director of Human Resources
Date
For the Cit Petaluma
Scott Brodhun, Assistant City Manager
Date
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Sick Leave
Unit 1: Section 13
Unit 2: Section 14
Unit 3: Section 15
The parties tentatively agree to use the following language, currently in Unit 2, Section 14,
except as modified below under Sick Leave — Eligibility, and to include language from Units 1
and 3 under Sick Leave — Accrual, for all three Units:
14.1 Sick Leave — Eligibility
Sick leave with pay shall be granted to all employees as set forth in this section. Sick leave is not
a right, which an employee may use at his discretion, but rather, shall be used only in case of
personal illness, disability or the serious illness or injury of an employee's family member that
requires the employee's attention. Family members shall include spouse, domestic partner,
children, parents, spouse's parents, brothers, sisters or other individuals whose relationship to the
employee is that of a dependent or near dependent, or as determined by law. No sick leave shall
be payable for any injury or absence which results or occurs as follows:
(A) Participating in any criminal act;
(B) Working for an employer other than the City.
Neither shall any sick leave be payable
(A) During a vacation except when hospitalized or in equivalent confinement, or
(B) During a layoff, leave of absence, or disciplinary layoff.
All hours of sick leave accrued and all hours of absence, whether or not paid, shall be recorded.
To the extent necessary to implement this section, such records may be inspected by an individual
employee and /or authorized Union representative.
14.2 Sick Leave — Accrual
(A) Sick leave shall accrue to all full-time employees at the rate of one eight (8 hours
for each month of continuous service. No employee shall accumulate more sick leave in
any year than is provided.
(B) Sick leave shall continue to accrue while an employee is on vacation, sick leave, or job -
connected injury leave.
(C) No employee shall be eligible for sick leave before it accrues.
(D) Employees serving his /her probationary period may take up to one (1) day sick leave with
pay for each month worked. Employees hired on or before the fourteenth (14a') of the
calendar month shall be credited with one (1) day of sick leave at the end of that month.
Employees hired on or after the fifteenth (15t) of the calendar month shall not be credited
with any sick leave for that calendar month.
(E) For the purpose of charging sick leave, the minimum sick leave chargeable will be one
(1) working hour.
14.3 Sick Leave — General
(A) On taking sick leave time, the employee must notify his /her department director either
prior to, or within thirty (30) minutes after, the time set for beginning his /her daily duties.
(B) Sick leave shall not be considered as a right, which an employee may use at his /her
discretion, but a privilege, which shall be allowed only in case of necessity and actual
sickness or disability.
(C) When an employee is absent for more than three (3) consecutive days, the department
director may require a doctor's certificate for such sick leave absence.
(D) Upon review of an employee's sick leave record, and where there appears to be a pattern
of abuse, the supervisor shall notify the employee and the Union representative in order
to discuss the, sick leave usage. The supervisor will have the option to immediately
require a doctor's certificate for any future absences. This would constitute a verbal
warning. If the abuse still continues, the supervisor may initiate a suspension and /or
dismissal action through the procedure outlined in the Personnel Rules and Regulations.
(E) If an employee has not recovered by the time he /she has exhausted his /her accumulated
sick leave, the City Manager, upon receipt of such request in writing, may grant him/her
leave of absence not to exceed the time limitations of section 21:
(F) Upon the expiration of a leave of absence quoted under section 21, the employee shall be
returned to the same class or position or to any position to which he /she had been eligible
to .transfer at the time his /her leave of absence was granted, provided he /she furnishes
medical certification of ability to perform the position for which he /she is eligible.
(G) The City Manager may revoke pay and sick leave time if the employee is not sick, or if
he /she has engaged in private or other public work while on such leave. Abuse of sick
leave as stated above is sufficient grounds for dismissal.
(H) No penalties shall be imposed on employees for taking justifiable sick leave to which the
employee is eligible.
14.4 - Sick Leave — Transfer
Employees wishing to donate hours of sick leave to another employee may voluntarily do so by
sending approval by his/her department director to the Human Resources office, naming the
individual to receive the sick leave and the amount donated, with the following restrictions:
(A) Employees who wish to transfer sick leave must retain a minimum of one - hundred -sixty
(160) hours sick leave.
(B) Transfer amounts shall be limited to the number of actual hours needed and used by the
recipient.
(C) Any donated sick leave hours unused by a recipient shall be returned to the donor.
(D) The employee receiving the sick leave transfer must have zero (0) hours of accrued sick
leave, vacation, and accrued compensatory time.
(E) Employees may not buy or sell sick leave, only the time may be transferred.
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfers shall only be allowed between all Units.
14.5 Sick Leave — Retirement Pa. out
In the event of death or retirement, an employee who has completed ten (10) years or more with
the City of Petaluma shall receive fifty (50 %) percent of his /her accumulated but unused sick
leave, not to exceed four- hundred - eighty (480) hours. An employee may, however, elect to place
all sick leave hours under the PERS Sick Leave Credit program.
For AFSCME, Loca 6
Felix Huerta
/%/
Date
Ie�
For AFSCME, Lo
Ken Whaley, President
Date
Didnne Dinsmore, Director of Human Resources
L2-08k
Date
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For the of Petaluma
Scott Brodhun, Assistant City Manager
('J L�
Date
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Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Dental
Unit 1: Section 31
Unit 2: Section 32
Unit 3: Section 31
The parties tentatively agree to increase maximum benefit for dental from $1,500 to $2,000 and
for orthodontic coverage from lifetime maximum of $1,000 to $2,000 so that the language for all
three Units shall read as follows:
Dental
The City shall continue to provide the current group self-funded Delta Dental Plan and
pay the total premium costs for the employee and eligible dependents for the term of the
Memorandum of Understanding. The maximum benefit amount will increase effective
July 1, 2016 to two thousand dollars ($2,000) per person per calendar year. Orthodontic
coverage shall be provided at 50% of the dentist's allowed fee (subject to a $2,000
lifetime maximum per person). Dependent Children are eligible for dental and
orthodontic coverage from birth to age 19, or to age 23 if enrolled as full -time students in
an accredited school, college or university.
4 4A
I
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For AFSCME, Lod 1 For t e dfy o Petaluma
Felix Huerta Dianne Dinsmore, Director of Human Resources
(Q j �� (4 2- ,
Date
Date
For AFS CNM, Local 675 For the C t of Petaluma
Ken Whaley, President Scott BrodHun, Assistant City Manager
- z C,)-•/4
Date
Date
qjj
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
The current MOU language provides $120 for frames and $200 for lenses. The parties tentatively
agree to the following benefit enhancement:
Unit 1 Section 32
Unit 2 Section 33
Unit 3 Section 32
The City shall provide a vision plan for employees and eligible dependents. The cost shall be
paid for by the City. Employees are eligible for eye exams every twelve (12) months with a
twenty -five ($25) deductible. Frames are available every twelve (12) months with a maximum
benefit of one- hundred-twtnty gi "ht dollars ($1820) and lenses are available every twelve (12)
months with a maximum benefit of fie- three- hugdked ddVars ($2300).
For AFSCME, Loca 75
Felix Huerta
Date
For AFSCME, Loc 675
Ken Whaley, President
G -/3�-/�
Date
f
Fqr the Cites} of Petaluma
Dianne Dinsmore, Director of Human Resources
Date
For the Cit f Petaluma
Scott Brodhun, Assistant City Manager
Date
Cl / ) 3 X
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Vacation — Payment upon termination
AFSCME has expressed an interest in consistency of language across bargaining units to the
extent AFSCME and the City can agree to such consistency. The City and AFSCME tentatively
agree to replace Section 13.5 Vacation — Payment Upon Termination in Unit 2 with the language
in Section 12.5 Vacation — Payment Upon Termination of Units 1 and 3, so that all units shall
read as follows:
Vacation — Payment upon Termination
Employees who leave City employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of rmination not to exceed two (2)
years accumulation.
For AFSCME, Lo a1675 For 1 e .of Petaluma
Felix Huerta Dianne Dinsmore, Di ec or of Human Resources
Date Date
For AFSCME, L- cal 675
Ken Whaley, President
Date
For the Ok of Petaluma
Scott Bro un, Assistant City Manager
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma Negotiations for a Successor Agreement
City 6 -13 -16 response to AFSCME Proposal #9 Union Security
AFSCME has expressed an interest in consistency of language across bargaining units to the
extent AFSCME and the City can agree to such consistency. AFSCME proposed that the
language in Section 5 Union Security of the Unit 2 MOU replace the currently in Section 4 of the
Unit 1 MOU and Section 4 of the Unit 3 MOU.
The City counter proposes that the Unit 2 language be modified to include Section 4.1(D) Union
Certification and Section 43 Union Security — Hudson Procedure from the Unit 3 MOU, so that
the language for all three MOUs shall read as follows:
UNION SECURITY
5.1 Union Security — Agency Shop
The following modified Agency Shop procedures shall apply to all employees represented by the
Union.
(A) Limitation of Provision
This provision shall be in accordance with and the parties agree to abide by the
provisions of Government Code Section 3502.5.
(B) Duty of Representation
The Union agrees that it has the duty to provide fair and non - discriminatory
representation to all bargaining unit employees regardless of whether they are members
of the Union.
(C) Applicability
The provisions of this section shall not apply during periods that an employee is
separated from the representation unit, including, but not limited to, transfers, layoff and
leaves of absence without pay.
(D) Compliance with Federal/State Laws
If any provisions of this MOU are invalid under an applicable federal or state law, said
provision shall be modified to comply with the requirements of said federal or state law.
(E) Union Certification
The Union certifies that it has adopted, implemented, and will maintain procedures in
accordance with all applicable statutes, decisions by the courts of competent jurisdiction,
and other applicable legal authority.
5.2 Union Security — Union Membership or Payment of Agency Fee
All bargaining unit employees shall, as a condition of continued employment, either:
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5.3
5.4
(A) Become and remain a member of the Union;
(B) Pay to the Union an agency fee in an amount which does not exceed an amount that may
be lawfully collected under applicable constitutional, statutory, and case law. This
amount shall be equal to or less than the monthly dues paid by members for the duration
of this MOU, it being understood that it shall be the sole responsibility of the Union to
determine an agency fee which meets the above criteria; or
(C) Religious Objection. Pursuant to Section 3502.5 (c) of the Government Code, for
employees who are a member of a bona fide religion, body, or sect which has historically
held conscientious objections to joining or financially supporting public employee
organizations, such employee shall not be required to join, maintain membership in, or
financially support the Union as a condition of employment. Such employee shall, in lieu
of payment of dues or agency fee to the Union, pay a charity fee in an amount no greater
than such agency fee to one (1) of the following four (4) non - religious, non - labor,
charitable funds that are tax exempt under Section 501(c)(3) of the Internal Revenue
Code.
The employee shall choose from the following:
Petaluma Peoples Service Center Meals on Wheels
Petaluma Peoples Service Center Senior Nutrition Site
Petaluma Boys and Girls Club
Hospice of Petaluma
Union Security -- Revocation of Membership
Once each year, in December, and for a new employee, at the time he /she commences
employment with the City, each employee of the bargaining unit may elect to revoke Union
membership without penalty to his /her employment with the City, on an appropriate form
approved by the City. The party electing to revoke membership shall be subject to the provisions
of section 5.2 (C) above.
Union Security — Payroll Deductions
Payroll deductions for Union dues or agency fees shall be made only upon the employee's written
authorization on a payroll deduction form approved by the City and shall terminate in the event
the employee chooses the revocation of membership of Union membership in accordance with
section 5.3.
(A) Authorization
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5.5
Subject to the revocation of membership of section 5.3, all new employees who are hired
into job classifications in this unit may at the time of hire execute an authorization for the
payroll deduction for Union dues. Authorization, cancellation, or modification of payroll
deduction shall be made upon forms provided or approved by the City Manager. The
voluntary payroll deduction authorization shall remain in effect until employment with
the City is terminated or until otherwise revoked in accordance with the terms of this
paragraph. Employees may authorize dues deductions only for the Union certified as the
recognized representative of the unit to which such employees are assigned. Any dues
deduction authorization will automatically terminate in the event that the Union's status
as exclusive representative for the bargaining unit members terminates.
(B) Sufficiency of Earnings
The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. When an employee is in a
non -pay status for an entire pay period, no withholdings will be made to cover that pay
period from future earnings, nor will the employee deposit the amount which would have
been withheld with the City if the employee had been in pay status during that period. In
the case of any employee who is in a non -pay status during a part of the pay period, and
the salary is not sufficient to cover the full withholding, no deduction shall be made. In
this connection, all other required deductions have priority over the Union dues
deduction.
(C) Union Dues
Payroll deductions shall be for a specific amount and uniform as between employee
members of the Union. Check -off authorization for Union dues which were executed
prior to the execution of this MOU shall remain in full force and effect.
(D) Payment to Union
Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Union as the person authorized to receive such funds at the address
specified.
Union Security —Discipline
No employee shall be disciplined under this section unless the Union has first:
(A) Notified the employee by letter, explaining that he/she is delinquent in not tendering the
required Union fee, specifying the amount of such delinquency, and warning the
employee that unless such Union fee is tendered within thirty (30) calendar days, the
employee will be reported by the Union to the City for disciplinary action as provided for
in this section, and
(B) Furnished the City with written proof that the procedure set forth in paragraph (A) above
has been followed, and has supplied the City with a copy of the letter sent to the
employee and notice that the employee has not complied with the request, along with the
following certification:
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The Union certifies that the employee has failed to tender the Union fee required as a
condition of employment under the MOU, and therefore, under the terms of the MOU,
the Union requests that the City terminate the employee's employment with the City.
5.6 Union Security — Indemnification and Hold Harmless
The Union agrees to indemnify, defend, and hold the City harmless against any and all claims,
demands, suits, orders, judgments, or any form of liability that may arise out of or by reason of
this section, or that arise out or by reason of, any actions taken or not taken by the City under this
section. This includes, but is not limited to, the City's reasonable attorneys' fees and costs. In
addition, the Union shall refund to the City any amounts paid to it in error on presentation of
supporting evidence.
53 Union Security — Payroll Deductions
It is the intent of this section is to provide for the regular dues of Union members to be deducted
from his/her checks insofar as permitted by law. The City agrees to deduct and transmit to the
Union, dues from all Union members within the foregoing unit who have signed an authorization
card for such deductions in a form agreed upon by the City and the Union. However, the City
assumes no responsibility either to the employee or to the Union, for any failure to make or for
any errors made in making such deductions.
5.8 Union Security — Written Authorization — Dues
The written authorization for Union dues deduction shall remain in full force and effect, during
the life of the current MOU between the City and the Union unless canceled in writing.
5.9 Union Security — Change in Deductions
Upon written request of the Union, the City shall change the amount of dues deducted from
Union members' checks.
510 Union Security —Hudson Procedure
The Union shall provide to the Ci1y a copy of its "Hudson procedure" for the determination and
protest of its fees. The Union shall provide a copy of this procedure to evou bargaining unit
employee covered by this MOU within ten (10) days of the signing of this agreement. The City
shall provide to the Union a list of those employees who are Union employees with the monthly
payment of deductions by the City to the Union. Annually thereafter, and as a condition to any
change in the union's fees, the Union shall provide each member with a copy of the Union's
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Union Rights — List of Employees
Section 3 of Units 1 and 3 and Section 4 of Unit 2 MOUs requires the City to furnish the Union a
list of employees annually. The parties tentatively agree to change the frequency to monthly:
Unit 1 Section 3.6
Unit 2 Section 4.6
Unit 3 Section 3.6
The City agrees to monthly annually, r^' ^+
classifications, and date of hire for all Unit
For AFSCME, Local 6 5
Felix Huerta
Date
For AFSCME, ocal 675
Ken Whaley, President
C - r- Iic-
Date
furnish the Union with the names,
City of Petaluma
Dinsmore, Director of Human Resources
DaYd
For the City Wetaluma
Scott Brodhu , Assistant City Manager
Date
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
New or Changed Classification
The parties tentatively agree to revise Section 38 (Unit 1), Section 42 (Unit 2), and Section 38
(Unit 3) as follows:
The City shall notify-the Union and staff representative and the president when proposing to
abolish or create a new bargaining unit position. In the event a new classification is established,
the City shall assign it to a pay grade based upon the work to be performed after comparison with
other classifications.
The City shall provide the Union staff representative and the president with a written
classification description of the new or changed classification, which shall describe the content
sufficiently to identify the classification.
Upon receipt of the City's description, the staff representative or the president of the Union, or
his designated representative, shall be afforded an opportunity to discuss the new or changed
classification and meet and confer as provided by the MMBA regarding assignment to the pay
grade with the City Manager or his representative. If the Union does not request a meeting within
five (5) work days of the receipt of the City's recommendation, it shall be deemed to be approved
by the Union.
4
For AFSCME, Loca /5
Felix Hueita l r
Date
ForAFSCME,LooT675
Ken Whaley, President
G_ts,e
Date
Fo'"he City of Petaluma
Dianne Dinsmore, Director of Human Resources
(0 eo(
Date
For the City f Petaluma
Scott Brodhun, Assistant City Manager
Date
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Jury Duty
Unit 2 currently has two paragraphs regarding Jury Duty whereas Units 1 and 3 have only one.
The parties tentatively agree to place the second paragraph from Unit 2 Section 22 — Leaves —
Jury Duty after the first paragraph in the Section 21 of the MOUs for Units 1 and 3 so that all
three MOUs shall now read:
Any employee summoned for jury duty shall be entitled to a leave of absence with full
pay for such period of time as may be required to attend the court in response to such
summons. Any employee may retain payment for travel, but shall make payable to the
City any and all fees which the employee may receive in payment for service as a juror.
For Grand Juries, this compensation shall not extend beyond twenty (20) working days.
For the purposes of this section, time served as a juror or as a witness, compelled to
appear on behalf of the City under subpoena, by an irregular shift employee shall be paid
time not to exceed the number of hours the employee would have worked on such day.
However, such time shall not be considered as time worked for purposes of overtime. It is
the intent of this section to allow an employee compelled by law to appear as a juror or
witness to compute that time as a portion of the employee's work day so that the
employee will not be required to appear in court under service of process and also work a
shift for the City during one twenty -four (24) hour period.
c
For AFSC , Local 615 `
Felix Huerta
�) �11-b
Date
For'the'City of Petaluma
Dianne Dinsmore, Director of Human Resources
(0/�V � (�
Date
For AFSCME, oca 675 For the City o . 'etaluma
Ken Whaley, President Scott Brodhun, Assistant City Manager
(2 ,6 -X
Date
Date
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Grievance Procedure Step One
The parties tentatively agree to revise Section 41.3(A) (Unit 1), Section 46.3(A) (Unit 2), and
Section 41.3(A) (Unit 3) as follows:
Grievance Procedure
(A) Step One
An employee, a group of employees or the Union who has a grievance (as defined
above) should first try to get it settled through an informal discussion with his /her
immediate supervisor without undue delay. The employee, a group of emlo�ees
or the Union must present the grievance within thirty (30) working days of the
event(s) giving rise to the grievance or the grievance shall be deemed untimely.
Every effort should be made to find an acceptable solution by informal means at
his /her lowest possible level of supervision.
If the employee is not in agreement with the decision reached by the informal
discussion in Step One, the employee shall have the right to elevate the grievance
to Step Two.
For AFSCIV 9, Local,677
Felix Huerta
6"
Date
For AFSCME, Local 675
Ken Whaley, President
Date
Dianne Dinsmore, Director of Human Resources
—bl (1) / f (/j
Date
For the Ci f Petaluma
Scott Brodhun, Assistant City Manager
Date
VP
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
Union Rights -- Excused Absence
Unit 2 currently has language regarding excused absence for union - related absences. The parties
tentatively agree to place the following Unit 2 Section 43 language in the Section 3 of the
MOUs for Units 1 and 3:
Upon written request of the secretary treasurer of the Union, an employee who is elected
or selected by the Union may be granted an excused absence without pay for a period not
to exceed five (5) days per year to attend conferences or conventions. Not more than one
(1) employee will be granted an excused absence at any time.
f
For AFSC E, Lo 1675
Felix Huerta
Date
Forp6 ity of Petaluma
Dianne Dinsmore, Director of Human Resources
— (4 / f t
Date rte_
or AFSCMEIrocal 675 For the Ci T o Petaluma
Ken Whaley, President Scott Brodhun, Assistant City Manager
Date
�L-/' \/Ni-�
Date
Tentative Agreement between
American Federation of State, County and Municipal Employees (AFSCME) Local 675
and the City of Petaluma
The current MOU language does not allow an employee to use vacation during his/her
probationary period. The parties tentatively agree to the following:
Unit 1 Section 12.4
Unit 2 Section 13.4
Unit 3 Section 12.4
Vacation — Usage
A newly hired City employee may begin to use accrued vacation during his /her probationary
period in the first three (3) months of employment with approval of the City Manager, and as
approved by the employee's supervisor thereafter. A n
For AFS , Local 675
Felix Huertaa
�/Jx //�/
Date
For AFSCME, Loc . 675
Ken Whaley, President
ly"zl�- /C
Date
F& the Cit�\of Petaluma
Dianne Dinsmore, Director of Human Resources
`�Z
Date
For the C4 of Petaluma
Scott Brodhun, Assistant City Manager
4c-
Date