3.

h.
Deferred Compensation Plan ..................... 15
i.
State Disability Insurance . . . . . . . . . . . . . . . . . . . . . . . . 15
j.
Dependent Care Assistance Program . . . . . . . . . . . . . . . 16
Active Employee Flexible Spending Account . . . . . . . . . . . . . . . 16
a.
Cash Option. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
b.
City contribution into DCAP . . . . . . . . . . . . . . . . . . . . . . . 16
c.
Full Medical Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

...........................................

C.

Retiree Benefit

D.

Leaves of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Status Report of Accrued Leave . . . . . . . . . . . . . . . . . . . . . . . . . 17
1.
2.
Vacation Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
a.
Entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
b.
Right to Take Accrued Leave . . . . . . . . . . . . . . . . . . . . . 18
c.
Vacation Sell-Back. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
d.
Limitation on Unused Vacation Leave Balances . . . . . . . . 18
Minimum Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
e.
f.
Personal Business Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
g.
Interruptionof Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Paychecks During Vacation . . . . . . . . . . . . . . . . . . . . . . . 19
h.
1.
Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
a.
Entitlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
b.
Family Illness . . . .r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
c.
Performance Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . 20
Minimum Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
d.
e.
Unused Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Sick Leave Buy-Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
f.
g.
Limited Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
4.
Family Death Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5.
On-the-Job Injury Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
a.
New Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
b.
Extended Illness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
c.
Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6.
Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7.
JuryLeave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8.
Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
9.
Leave of Absence Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . 23

E.

Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Holidays Listed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
1.
Christmas or New Year's Eve . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2.
3.
National Day of Mourning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
iii

16

4.
5.

Holiday Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Holidays on Regular Day Off. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

D.

Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meal Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.
Uniform Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
Automobile Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.
ToolAllowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.
Safety Shoe Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.
6.
Driver's License Hazardous Materials Certification . . . . . . . . . .
7.
Video Display Terminal (VDT) Glasses . . . . . . . . . . . . . . . . . . .

25
25
26
27
28
28
29
29

F.

Permanent Part-Time Employee Benefits . . . . . . . . . . . . . . . . . . . . . . .

1.
Leaves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
Insurance Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Holiday Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.

30
30
30
30

G.

Professional Development Reimbursement

. . . . . . . . . . . . . . . . . . . . . 30

ARTICLE IV -WORKING CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

A.

HoursofWork. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.
Restperiod . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B.
Lunchperiod . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C.
Public Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B.

Shifts and Schedules

F.

Health and Safety

......................................

31
31
31
31
31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

ARTICLE V .PERSONNEL PROVISIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

A.

Personnel File

B.

Reduction in Force

C.

Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

1.
Entry Probationary Period ...............................34
2.
Promotional Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . 34

D.

Employee Service Ratings and Reports

E.

Entry Level Examinations

........................................

33

........................

34

...................................

35

1.
2.

Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Certification of Eligibles to Fill Vacancies . . . . . . . . . . . . . . . . . . 35

F.

Promotional Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
1.
Announcements of Promotional Examinations . . . . . . . . . . . . . . 35
2.
Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Seniority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
3.
Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4.
5.
Certification of Eligibles to Fill Vacancies . . . . . . . . . . . . . . . . . . 36

H.

Eligible Lists

I.

Conferences and Seminars

K.

Tuition Reimbursement.

L.

Contracting Out.

M.

Labor-Management Retreat

N.

Position Reallocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

0.

Americans with Disabilities Act

Q.

Discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

R.

Drug Free Workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

S.

Sexual Harassment and Violence in the Workplace

.............................................

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

.........................................

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

ARTICLE VI .GRIEVANCE PROCEDURE

Section 1.

37

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

. . . . . . . . . . . . . . . 40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Section 2. Procedure
Step 1.

(a)

..........................................

41

Informal Discussion. . . . . . . . . . . . . . . . . . . . . . . . . .41

(b)

Formal Submission

........................

41

Step 2.

Appeal to Department Head . . . . . . . . . . . . . . . . . . . . . . 41

Step 3.

Employee Relations Officer .Union Staff Representative 41

Step 4.

Civil Service Board . Arbitration . . . . . . . . . . . . . . . . . . . . 41

Section 3.

Time Limits

.........................................

42

Section4 .

Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

Section 5.

Class Action Grievance

...............................

42

Section 6 .

Immediate Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Section 7.

Consolidation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

ARTICLE VII RESOLUTION DURATION

...............................

44

A.

Resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B.

Savings Clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

C.

Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

APPENDIXA

.......................................................

45

APPENDIXB

.......................................................

48

44

APPENDIXC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
APPENDIXD

.........................................................

50

APPENDIXE

.......................................................

51

Letters of Understanding

PREAMBLE
We, the undersigned, duly appointed representatives of the City of Oakland and of the
Service Employees International Union, Local 790. a recognized employee organization.
hereinafter referred to as "City" and "Union", having met and negotiated in good faith, do hereby
jointly prepare and execute on the 25th day of Febnrary, 2000, the following written
Memorandum of Understanding. It is understoodthat the provisions herein set forth supersede
previous Memoranda of Understanding between City and Union, and apply to City of Oakland
employees officially designated to be members of representation units represented by Union, to
wit: Unit B--Craft employees; Unit C--Field and Operations employees; and Unit D--Office and
Technical employees.
IT IS THEREFORE AGREED as follows:

ARTICLE I GENERAL PROVISIONS

A. Recoqnition. The City agrees to recognize the Union as the exclusive recognized
bargaining representative, within the scope of representationas described in the
Meyers-Milias-BrownAct, as amended, and the Employee Relations Rules adopted by the City
Council pursuant thereto, for full-time and permanent part-time City employees in classifications
assigned to Units 6.C, and D, as set forth in the preamble hereto, for the period of this
Agreement.
B. Citv-Union relations hi^. The provisions of this Section, which relate to subjects covered
in the Emplovee Relations Rules, Resolution No. 55881 C.M.S., are included herein in order to
provide explanatory information agreed to be desirable by the parties. It is agreed that the
inclusion of this Section herein shall in no way affect the rights of the City, established by the
Meyers-Milias-BrownAct and amendments thereto, which Act sets forth the basis, substantive
and procedural, under which the Rules were adopted by the City Council.

1. Discrimination Prohibited. City and Union agree that they shall not discriminate in
any way within the meaning of the law, on account of race, creed, religion, sex, national origin,
political affiliation, age, sexual orientation or disability of a member legally qualified to perform the
job. City further agrees that no employee shall be discriminated against because of Union
membership.

2.
Dues Deduction. City shall deduct, biweekly, the amount of Union regular and
periodic dues and service fees and insurance premiums as may be specified by the Union under
the authority of an authorization card furnished by the Union and signed by the employee.
Said deduction, together with a written statement of the names and amounts deducted,
shall be forwarded promptly to the Union office.
Dues shall be deducted only for members of the Union within the represented units
City shall distribute and collect Union payroll deduction forms as part of the new
employee intake process.

3. Bulletin Board S ~ a c e . City shall provide reasonable space on bulletin boards for
ofticial Union notices of a non-controversial nature at each central work area.
4.
Meetina S ~ a c e . City shall reasonably make available conference rooms and other
meeting areas for the purpose of holding Union meetings during offduty time periods. Union
shall
timely advance notice of such meetings. he union agrees to pay any additional
costs of security, supervision, damage and clean-up, and shall comply with Ciy regulations for
assignment and use of such facilities.

Inter-Office Mail Sewice. Union shall be allowed reasonable use of City inter-ofice
5.
mail service for the distribution of non-controversialwritten materials for the information of
stewards and officers, with proper identification of the addressees by the Union.

6. Union Access t o Work Locations. Union officers and representativesshall be

granted reasonable access to employee work locations, upon the consent of the department head
or the designated representative, forthe purpose of contacting members concerning business
within the scope of representation. Access shall be granted only if it does not interfere with work
operations or with established safety and security requirements.
Union Stewards. City and Union agree that good labor relations are fostered and
7.
maintained through prompt, decisive and fair adjustment of individual grievances at the lowest
possible administrative level.
Number of Stewards. The Union may select a reasonable number of stewards
a.
from within the represented units in each geographicwork location, subject to the approval of the
City. Union shall provide a current list of all designated stewards, on January 1 and July 1 of
each calendar year, to the City showing employee name, classification, department and work
location. City shall provide Union with a copy of its current instruction recognizing stewards
designated by Union.

It is hereby understood and agreed that, if, in the opinion of the City, a Union
steward is failing to maintain a satisfactory level of performance, the City may call that matter to
the attention of the Executive Secretary of the Union by letter outlining the specifics of the
complaint. The Union will act promptly to discuss the matter with that steward in order to resolve
the complaint and, failing that, another steward will be designated.

b.
Scope of Stewards. A steward may represent a member of the units covered
by this Memorandum at the appropriate step of the grievance procedure concerning a dispute of
the rights of a member under the terms of this Memorandumwithin the scope of representation.
A steward shall have the right, upon the request of the employee involved, to represent such
employee in a review of the employee's performanceevaluation. Such right of representation
does not include the initial discussion between the employee and the supervisor who prepared
the evaluation, but it is clearly understood that each employee has the right thereafter to request
their performance evaluation review with Union representation. A steward shall also have the
right, upon the request of the employee involved, to represent such employee at a disciplinary
"Skelly" meeting. The City shall include in the "Skelly" notice of intent letter that the employee
may, 'f the employee wishes, be represented at the "Skelly" meeting by a Union or other
representative.
c.
Steward Time Off. A steward, chapter chairperson, or general chairperson
shall be allowed reasonable time off for the ourpose hereinabovedefined with the aooroval of the
department head. It is recognized that performsnce of the steward's, chapter chairperson's, or
general chairperson's job duties comes first.
d.
Joint LaborlManaaement Trainins. City and Union agree to co-sponsor eight
(8) hours of joint training for each year of this agreement for designated stewards and
management personnel.
C. Union Securitv. An employee in one of the classes included in Units B, C, and D
employed during the term of this Agreement shall, as a condition of continuing employment with
the City and, in the case of a newly hired employee, within thirty (30) calendar days of
employment, execute a payroll deduction authorization form as furnished by the Union, and
thereby become and remain a member in good standing in the Union; or execute a payroll
deduction authorization form as fumished by the Union, and thereby pay to the Union a service
fee; or, in the case of employees who certify that they are members of a bona tide religion, body,
or sect which has historically held conscientious objections to joining or financially supporting
public employee organizations, execute a payroll deduction authorization form as furnished by the
Union, and thereby pay sums equal to service fees to (1) Friends of the Oakland Public Library:
(2) Friends of the Asian Branch Library; (3) Friends of Oakland Parks and Recreation; (4) the
Oakland Museum Foundation; and. (5) Friends of Oakland Seniors.

Upon seven (7) days' notice to the City from the Union that an employee described above
has failed to maintain the employee's membership in good standing or has failed to maintain
employee's current service fee payments or has failed to maintain the employee's current
charitable contribution payments to one of the five (5) charities designated above, then City shall
1) counsel the employee of the employee's obligation under this provision, and 2) inform the
employee that further failure to maintain the appropriate payments may subject the employee to
discharge.
The service fee payment shall be established annually by the Union, provided that such
agency shop service fee will be used by the Union only for the purposes of collective bargaining,
contract administration and matters authorized by law.
Annually, the Union will provide an explanation of the fee and sufficient financial information
to enable the service fee payer to gauge the appropriateness of the fee. The Union will provide a
reasonably prompt opportunity to challenge the amount of the fee before an impartial decision
maker not chosen by the Union and will make provision for an escrow account to hold amounts
reasonably in dispute while challenges are pending.
The Union shall indemnify and save harmless the City, its officers and employees. from and
against any and all loss, damages, costs, expenses, claims, attorney fees, demands, actions,
suits, judgments, and other proceedings ailsing out of any action relating to this provision; except
where such claims are based solely on the alleged negligence of the City in erroneously
deducting a service fee in the absence of fault or negligence by the Union.

D.

Distribution o f Information.

State o f California Workers' compensation Information. The City shall distribute

1.
literature to each new employee cleady describing the rights and benefits of all represented
employees under State of California Workers' Compensation laws.

2. On-thedob lniurv Fact Sheet. The City agrees to continue in use the "On-the-Job
Injury Fact Sheet" by distributing it at new employee orientations and making a supply available to
the Union for distribution as the Union deems appropriate. Further, the City will mail a copy of the
On-the-Job Injury Fact Sheet to injured employees when their injury has been reported in
accordance with established City procedures.
3.

Union Information.

a.
City agrees to reasonably distribute to each new employee within the represented
units appropriate literature furnished by the Union.
The City shall furnish the Union, on a biweekly basis, the name, classification title
b.
and work location of all newly hired (or separated) employees subject to this Agreement. The City

shall also furnish to the Union verification of dues deductions sent to the Union and of employee
contributions transmitted to charitable organizations.
c.

City agrees to make reasonable efforts to provide orientation regarding Oakland

City government and employee benefits to newly hired unit employees within sixty (60) days of

commencement of employment.
The City shall provide the Union with copies of any Administrative Instruction or
d.
Administrative Bulletin, periodically issued by the City, which applies to represented employees.

ARTICLE II -DIRECT PAY FOR SERVICES

A.

Waaes.

Wages for represented employees covered by this Memorandum shall be increased by

1.
three percent (3.0%). effective June 26, 1999; four percent (4.0%). effective June 24,2000; three
percent (3.0%). effective June 23.2001.
2.

Saecial Adiustments.

a.
Salary adjustments, effective January 22, 2000, shall be made by the City for
those classes enumerated separately in Appendix B, hereto attached.
6. Salarv Deductions. .
1.
Adiustments for Over~avrnents. In the event an employee is erroneously overpaid
by the City, regardless of fault, the City shall recoup overpayment by deducting from that
employee's regular pay check either the full amount of the overpayment or ten (10) percent of the
employee's gross salary, whichever is less, and continue said deductions for as many
consecutive pay periods as is necessary until full overpayment is recouped. The City shall not
commence recoupment by payroll deductions until written notification, which includes all the
details of the overpayment, the amount of overpayment and the schedule of overpayment, has
been given to the employee at least 10 working days in advance.
C.

Salarv Steps.

Initial Salarv. The initial salary of an employee of the City shall be the salary
1.
attached to the lowest rate of the salary schedule established for the classification to which the
employee is appointed; provided, however, that the appointing authority may appoint a new
employee at any step in the applicable salary schedule for the classification involved if there has
been unusual difficulty in recruiting competent employees at the lowest rate of said salary
schedule and the higher rate is commensurate with the education and experience of the
appointee.
Minimum Salarv Increase When Promoted. Whenever an employee is promoted to
2.
a position of higher salary schedule within the same classification series, the employee shall
receive compensation at the salary schedule for the new position that represents a minimum of
one rate increment over the amount the employee received in the former position; provided,
however. that the appointing authority, with discretion and for good cause. may provide for
compensation at any step in the applicable salary schedule for the classification involved if the
employee has demonstrated outstanding achievement in the public service.

3. Salarv Steps. Advancement within the salary schedule specified for an employee's
classification shall be on the basis of one year's satisfactory service, as evidenced by a
performance evaluation, in such classification without having received during said year a step
increase in salary. A salary step increase for an employee who is entitled to such an increase
shall be effective at the beginning of the pay period in which the anniversary date of appointment
in such classification falls, provided, however, that an employee who has demonstrated
outstanding achievement in the public service may receive a step increase at an interval other
than set forth above.
D.

Premium Pav.

1. Overtime. Whenever, in the judgment of an authorized City oficial, employees are

required to work in excess of their regular workdays or workweeks, they shall be compensated for
such overtime worked at the rate of one and one-half times the hourly rate of pay for their
classifications.
City will provide a minimum of 48 hours advance notice of available overtime to be
worked whenever possible.
Overtime shall be distributed among qualified employees as equally as possible,
normally on a voluntary, rotational basis among employees performing this kind of work during
regular working hours.
City shall consider seniority as one of the primary factors in assigning overtime work.
Each department shall permit inspection of its overtime records by the Union steward or
chairperson.
Minimum Overtime Guarantee. An employee eligible to receive payment for
a.
overtime who is called back to work on a day off, or who is called back to work after the regular
shift working day has been completed and has left the employment site, shall be paid a minimum
of two and one-half hours at time and one-half of that employee's regular hourly rate of pay. An
employee who is required to make a job-related court appearance, in accordance with Police
Department General Order E-I, dated September 18, 1979, andlor Administrative Instruction 529,
dated August 15, 1980, and any subsequent amendments thereto, on a scheduled day off shall
be compensated for a minimum of four (4) hours of overtime worked. It is expressly understood
that an employee who works overtime (including court appearances) immediately subsequent to
their regular work shift, or employees who work overtime immediately prior to their regular work
shift, shall be compensated at the overtime rate of pay for the time actually worked, with no
minimum number of hours of overtime guaranteed.

b.
C o m ~ e n s a t o wLeave. Unit employees may elect to receive overtime
compensation in the form of compensatory leave. Limits on compensatory leave accrual shall be
two hundred and forty (240) hours for unit employees assigned to the Police Department; four
hundred and eighty (480) hours for incumbents in the classification of Correctional Officer, one
hundred (100) hours for incumbents in the classification of Fire Communications Dispatcher, and
2001, any compensatory
twenty-four (24) hours for all other unit employees. Effective January I,
leave accrued in excess of the above stated amounts shall be automatically paid to the employee.
2. Shift Differential. An employee shall be eligible for shift differential pay, in addition to
the hourly rate of pay for the employee's classification, as follows:
Swina Shift. When five or more hours of an employee's work shift, exclusive of
a.
the lunch period. are between the hours of 5:00 p.m. and 12:OO midnight, such employee shall be
paid eighty-three (83) cents per hour for each hour worked in such work shift.
Effective January 22. 2000, the differential shall be increased to eighty-five (85)
cents per hour. Effective June 24,2000 the differential shall be increased to eighty-seven (87)
cents per hour. Effective June 23,2001 the differential shall be increased to eighty-nine (89)
cents per hour.
Gravevard Shift. When five or more hours of an employee's work shift,
b.
exclusive of the lunch period, are between the hours of 12:OO midnight and 7:00 a.m., such
employee shall be paid ninety-nine (99) cents per hour for each hour worked in such work shifl
Effective January 22, 2000, the differential shall be increased to one dollar and
one cents ($1.01). Effective June 24, 2000, the differential shall be increased to one dollar and
three cents ($1.03) per hour. Effective June 23.2001, the differential shall be increased to one
dollar and five cents ($1.05) per hour.
Rotatina Shift. When an employee is assigned to a regular rotating shifl
c.
schedule, such employee shall be paid eighty-three (83) cents per hour for each hour worked in
such work schedule. "Rotating Shift Schedule" is defined, for the purposes hereof, as a work
schedule which rotates the assigned work days and work hours more frequently than once every
six (6) weeks, with one of the regular schedules being a swing or graveyard shifl, as part of an
overall schedule covering related employees.
Effective January 22, 2000, the differential shall be increased to eighty-five (85)
cents per hour. Effective June 24.2000, the differential shall be increased to eighty-seven (87)
cents per hour. Effective June 23.2001, the differential shall be increased to eighty-nine (89)
cents per hour.

3.
Actinq Pav. Any employee who has been assigned, in writing by the department
head or the department head's designated representative, and who, pursuant to such assignment
does assume and perform all of the ordinary day-to-day duties and responsibilities of a position of
a higher classification for one ( I ) or more working days shall be paid an additional six percent
(6%) of the regular pay of the employee's own classification for such time worked in a higher
classification.
It is expressly understood that an employee who acts in a position of higher
classification under this provision, for a consecutive period of thirty (30) calendar days or less,
shall not receive acting pay during any period@)of paid leave occurring during the acting
assignment. However, an employee who acts in a position of higher classification, under this
provision, for a consecutive period in excess of thirty (30) calendar days shall receive acting pay
during period(s) of paid leave occurring during the acting assignment, commencing with the
thirty-first day of acting assignment and continuing until said acting assignment is terminated.
No employee shall be in an acting assignment for more than six (6) months in a nine (9)
month period, unless no other qualified employee is available or willing to take the assignment.
For the purposes of this provision the six (6) months need not be consecutive.
Absent extenuating circumstances, and without restricting management's discretion as
to which employee is appointed to such position, management shall endeavorto avoid repeatedly
appointing the same employee.
Standby Pav. When assigned to standby duty by the department head or authorized
4.
representative (initially by seniority, provided an employee is otherwise qualified), an employee
shall be paid an amount equivalent to one and seventy-five hundredths (1.75) hours straight time
pay for standing by for each eight hour period so assigned.
Employees who are assigned standby duty shall both (a) keep their supervisors
informed at all times of a telephone number at which they can be reached and (b) be available to
report within a reasonable period in the event of call out. An employee who is assigned standby
duty and who fails to comply with the availability conditions specified above shall not receive
standby pay for that period.
Premium Pav Durina Paid Leave. Shift differential and other regular premium pay
5.
shall continue to be paid during vacation leave, sick leave, and during other paid leave up to a
total of thirty (30) calendar days, for an employee who is then regularly assigned to a position in
which the employee is eligible for such differential or premium pay.

No Pvramidina. There shall be no "pyramiding" of premium and/or overtime pay,

6.
unless otherwise provided herein, except that this provision shall not apply to employees
receiving overtime in accordance with the provisions of the Fair Labor Standards Act.

7.

S ~ e c i aPremium
l
Pav.

City agrees to pay the following premium pay:

Heavy Equipment Operator. Street Maintenance Leader, or Truck Driver when

a.
assigned to the Sewer Maintenance Section of the Maintenance Services Department, shall be
paid-an additional seventy (70) cents per hour for each day during which such employee is
assigned to work in an active sewer.
Effective January 22,2000 the rate shall be increased to seventy-two (72) cents
per hour. Effective June 24,2000 the rate shall be increased to seventy-four (74) cents per hour.
Effective June 23,2001. the rate shall be increased to seventy-six (76) cents per hour.
A Public Works Maintenance Worker in the Maintenance Services Department.
b.
when assigned to and operating the threequarter (314) ton to one (1) ton vacuum street cleaner,
shall be paid an additional fifty-three (53) cents per hour.
Effective January 22, 2000, the rate shall be increased to fifty-five (55) cents per
hour. Effective June 24, 2000 the rate shall be increased to fifty-seven (57) cents per hour.
Effective June 23,2001, the rate shall be increased to fifty-nine (59) cents per hour.
A Library Assistant, when assigned and in charge of a branch library, shall be
c.
paid an additional seventy-six (76) cents for each hour so worked.
Effective January 22,2000, the rate shall be increased to seventy-eight (78)
cents per hour. Effective June 24,2000. the rate shall be increased to eighty (80) cents per hour.
Effective June 23,2001, the rate shall be increased to eighty-two (82) cents per hour.
d.
Any employee shall be paid an additional ffiy-three (53) cents per hour for each
day that such employee is assigned to lead Court Assignees.
Effective January 22,2000, the rate shall be increased to fifty-five (55) cents per
hour. Effective June 24,2000 the rate shall be increased to fifty-seven (57) cents per hour.
Effective June 23,2001, the rate shall be increased to fifty-nine (59) cents per hour.
e.
Any employee, when assigned to and operating a ten-wheel dump truck, shall be
paid an additional seventy (70) cents per hour.
Effective January 22,2000, the rate shall be increased to seventy-two (72) cents
per hour. Effective June 24,2000, the rate shall be increased to seventy-four (74) cents per hour.
Effective June 23,2001, the rate shall be increased to seventy-six (76) cents per hour.

f.
Employees shall be paid sixty-eight (68) cents per hour when applying herbicides
or pesticides that are classified as restricted materials by the State of California, Department of
Food and Agriculture.
Effective January 22,2000, the rate shall be increased to seventy (70) cents per
hour. Effective June 24.2000, the rate shall be increased to seventy-two (72) cents per hour.
Effective June 23, 2001, the rate shall be increased to seventy-four (74) cents per hour.
A Code Enforcement Inspector or a Building Inspector in the OfFice of Planning
g.
and Building shall be paid an additional fifty-one (51) cents per hour upon completion of ICE0
certification. The special premium shall continue in force provided that the employee maintains a
valid ICBO certificate and performs satisfactorily as evidenced by a performance evaluation.
Failure to maintain both satisfactory performance and a valid ICBO certificate shall cause an
employee to be ineligible to receive the special premium pay.
Effective January 22.2000, the rate shall be increased to fifty-three (53) cents per
hour. Effective June 24, 2000, the rate shall be increased to fifty-five (55) cents per hour. Effective
June 23,2001, the rate shall be increased to fifty-seven (57) cents per hour.
Bilinaual Pay. On recommendationof the appointing authority and the Director
h.
of Personnel Resource Management, the City may approve payments of an additional twentynine (29) cents per hour to a bilingual employee whose abilities have been determined by the
Director of Personnel Resource Management as qualifying to fill positions requiring bilingual
speaking andlor writing ability. Bilingual skill payments will be made when:
(1 ) Public contact requires continual eliciting and explaining information in a
language other than English; or
(2)

Where translation of written material in another language is a continuous

assignment; or

(3) The position is in a work location where there is a demonstrated need for
language translation in providing services to the public.
Effective January 22,2000. June 24,2000, and June 23,2001. the above stated
rate shall be increased by an additional two (2) cents an hour.
Effective January 22,2000. A bilingual employee in the Health and Human
Services Department whose caseload is comprised of at least f@ percent (50%) non-English
speaking clients, as determined by the Department Director, or, an employee in the Library
Services Department or Recreation Department who utilizes their bilingualskills at a higher level,
as determined by the Department Director, may receive bilingual payments of an additional fiftyone (51) cents per hour.

Effective June, 24, 2000 and June 23,2001, the above stated rate shall be
increased by an additional two (2) cents per hour.
The City shall review positions covered by this agreement not less than annually
to determine the number and location of positions to be designated as requiring bilingual abilities.
Premium pay may be removed when the criteria cease to be met as determined
by the appointing authority.
Notaw Public Pav. Upon wriien designation by the appointing authority, the
i.
City shall approve payments of an additional twenty-nine (29) cents per hour to a qualified
employee for the performance of notary public duties for City business purposes. Said employee
shall submit proof of notary public certification annually in order to maintain notary public
payments. The premium pay will be removed when the designation is revoked in writing by the
appointing authority and said employee will no longer be required to perform notary public duties.
Said employee paid to perform notary public duties for the City shall not perform private notary
public duties during City work hours.
Effective January 22. 2000. the rate shall be increased to thirty-one (31) cents per
hour. Effective June 24,2000, the rate shall be increased to thirty-three (33) cents per hour.
Effective June 23,2001, the rate shall be increased to thirty-five (35) cents per hour.

A Parks and Recreation employee, with the exception of incumbents in the

j.
classification of Tree WorkerIDriver, when assigned to and operating a truck which requires a
Class B drivers license, shall be paid an additional seventy (70) cents per hour.
Effective January 22,2000, the rate shall be increased to seventy-two (72) cents
per hour. Effective June 24,2000, the rate shall be increased to seventy-four (74) cents per hour.
Effective June 23, 2001, the rate shall be increased to seventy-six (76) cents per hour.
k.
Effective January 22, 2000, a Librarian II when assigned and in charge of
a branch library shall be paid an additional ninety (90) cents per hour. In order to qualify for this
premium the incumbent must have the assignment for a consecutive two week period. Once this
criterion has been met, the incumbent qualifies for receipt of this premium pay any time such an
assignment is made
Effective June 24, 2000, the rate shall be increased to ninety-two (92) cents per
hour. Effective June 23.2001. the rate shall be increased to ninety-four (94) cents per hour.

ARTICLE 111 INDIRECT PAY AND ALLOWANCES

A. Retirement Contributions. City shall contribute, on behalf of an employee who is a
member of the Public Employees' Retirement System (PERS), the designated percent of the
regular salary for retirement purposes of such employee, as determined in accordance with
applicable State law. City shall contribute, on behalf of an employee who is a member of the
Oakland Municipal Employees' Retirement System, the designated percent of the regular salary
for retirement purposes of such employee, as determined in accordance with applicable Charter
provisions.
The City agrees to pick up the employee's normal contribution to the Public Employees'
Retirement System or the Oakland Municipal Employees' Retirement System according to the
individual designation of each represented employee. In addition, the city agrees that this seven
percent (7.0%) employer paid member contribution shall be reported to PERS as "special
compensation" as provided under Government Code Section 20023(c)(4) pursuant to Section
20615.
Each employee is solely and personally responsible for any federal, state or local tax liability
of the employee that may arise out of receipt of said pick up by the City or any penalty that may
arise out of receipt of said pick up by the City or any penalty that may be imposed therefor.
Under the Public Employees' Retirement System, the City currently provides the following
optional benefits:
Militarv Service Credited as Public Service. Up to four (4) years of military service
1.
can be granted for time during which a member served continuously with the active armed forces
or the Merchant Marines including any period of rehabilitation, plus six (6) months thereafter. The
member is required to contribute employee and employer contributions except that service
rendered prior to September 1. 1970 may be granted at no cost to the member.
One Year Final compensation. The retirement allowance of a member is based on
2.
the twelve (12) highest paid consecutive months under the plan.

3. Automatic One-Half Continuance. The beneficiary receives one-half the amount of

the retiree's allowance after the death of the retired member with no reduction in retirement
allowance during the life of the retired member.
4.
Provides that
if a surviving spouse remarries on or after January 1.1985, the one-half survivor continuance
allowance will not cease.
5. 2% at 55. The City's contract with PERS provides the 2% at 55 plan for represented
employees. effective July 1, 1992.

6. The City agrees to amend its contract with PERS to provide the 2% at 50 public
safety retirement plan for employees in the classificationof Correctional Officer, effective July 1,
2001. The City agrees to pay both the employer and employee contribution rates determined by
PERS to effect this change.
B.

Insurance Proarams.
1.

Medical Insurance.

a.
Medical Insurance Under PEMHCA.
City agrees to maintain its contract\
with the Public Employees' Retirement System (PERS) providing medical insurance coverage
through the Public Employees' Medical and Hospital Care Act (PEMHCA) plans. Eligibility of
active employees and retired employees to participate in this program shall be in accordance with
state law and regulations promulgated by PERS.
Citv Contribution t o PERS. The City shall pay directly to PERS twenty
b.
dollars ($20.00) per month as a contribution towards the PEMHCA plan medical insurance
premium for each active employee and retiree who elects to enroll in a PEMHCA medical plan.
c.
Chanae i n PERS Reaulations.
In the event PERS requires additional
employer payment in excess of twenty dollars ($20.00) per month, referenced above, the City
shall not be bound by any obligation under Article Ill, Section 8 , paragraph 1 and Section C, but
rather the parties shall meet and confer regarding restructuringthe provisions of Article Ill,
Section B, paragraph 1 and Section C provided that, for a reasonable time period to allow for
meeting and conferring, the City shall continue the benefits under Section B, paragraph 1 and
Section C.
2.

Other Benefits for Active Emplovees.

Dental Insurance. City agrees to contribute an amount equal to one hundred

a.
percent (100%) of the cost of employee and dependent coverage in the City dental plans which
provider option. For the purpose of this provision,
include drthoddntia and a
dependents shall include domestic partners of unit employees who have filed a Declaration of
Domestic Partnership in accordance with established City policy.
Vision Care. City agrees to maintain current employee and dependent
b.
coverage in the established City vision care plan (Plan C, $10 deductible). For the purpose of this
provision, dependents shall include domestic partners of unit employees who have filed a
Declaration of Domestic Partnership in accordance with established City policy.
Blood Bank. City agrees to enroll employees represented by the Union in the
c.
City of Oakland Blood Bank Program as described below.

City of Oakland in cooperation with the Blood Bank of the Alameda-Contra Costa
Medical Association, since 1980.
ii.

Elisibility

All employees of the City of Oakland and family dependents.

iii. Proaram O~eration- City normally conducts two blood donation drives per
year, one in January and one in July. Donations are credled to the City of Oakland Club and are
good for one year. Withdrawals are made from the account by submitting requests to the City
Manager's Office. City credits remaining at t h e end of one year are switched into the general
Blood Bank Fund. However, by participation in the program, all blood needs of the City are
covered, even if there are insufficient credits in the City Club account, without monetary charge or
replacement requirement to the employee during the term of this Agreement. City and Union
agree to actively encourage employees and dependents to participate in the blood donation
drives.
Life Insurance. City agrees to provide a term life insurance policy for each
d.
full-time represented employee in the amount o f fifteen thousand dollars ($15,000.00), or one
times the employee's annual salary, whichever i s greater, including an accidental death and
dismemberment benefit of equivalent amount.
e.
Substance Abuse Counselina.
City agrees to provide a substance abuse
counseling program for represented employees. An employee shall receive no more than forty
thousand dollars ($40,000.00) in lifetime program benefits.

insurance The City shall not change or amend any

f.
of the above insurance programs without first giving the Union the opportunity to meet and confer.
Continuation of Coveraae While o n Paid Leave. City agrees to continue City
g.
contribution to premium payments for employees while on authorized paid leave of absence.
Deferred Compensation Plan. A represented employee may participate in the
h.
established Citv deferred com~ensationplan. The Union shall have one member on the Citv's
.
Deferred ~omiensationcommittee.

i.
State Disabilitv Insurance.
C
i
t
y agrees to cover represented employees
under the State of California Disability Insurance Program (SDI). Premiums for such coverage will
be paid by the City. SDI will be integrated with sick leave consistent with State law.

j.
DeDendent The City shall maintain a Dependent
Care Assistance Program (DCAP) for employees covered by this Agreement. If the City, in its
sole discretion, determines that administrationof the program will require the services of an
outside entity or contractor which charges participating employees a fee for implementing DCAP
deductions andlor payments, those employees shall in that event be responsiblefor paying that
fee.

3. Active Emplovee Flexible Spending Account. The City shall institute a flexible
spending account comporting with Internal Revenue Code Section 125 for each active employee.
Active employees may elect to receive one of the following benefits:
Cash as follows:
a.
Effective Janualy 1. 2000. ninety-two dollars ($92.00) per
month; effective January 1,2001, one hundred and one dollars ($101.00) per month; effective
January 1,2002, one hundred and twelve dollars ($112.00) per month.
Citv contribution into DCAP (reference paraqraph 2i above) for
b.
active emplovees eliaible DCAP expenses as follows: Effective January 1.2000,
ninety-two dollars ($92.00) per month or eleven hundred and four dollars ($1104.00) per year;
effective January 1,2001, one hundred and one dollars ($101.00) per month or twelve hundred
and twelve dollars (1212.00) per year effective Janualy I,2002, one hundred and twelve
($112.00) per month or thirteen hundred and forty-four dollars ($1344.00) per year.
Full Medical Insurance Com~arableto Rate Charaed under PEMHCA Kaiser
c.
For active employees enrolled in a PEMHCA medical insurance plan, the City
North Plan.
shall pay to PERS an amount of money on behalf of the employee which, when combined with
the amount stated in Section B, paragraph 1, subparagraph b, shall be the equivalent to one
hundred percent (100%) of the premium cost of the Kaiser North Health Plan. If an employee
chooses to participate in a PEMHCA plan which is more expensive than the Kaiser North Plan,
the employee shall pay the additional cost.
Any employee who retires from the City on or after January 1, 1987.
C. Retiree Benefit.
who has ten years or more of service with the City in either a permanent full-time or permanent
part-time position, and who enrolls in a PERS PEMHCA plan shall receive for such time as he or
she maintains his or her enrollment in a PEMHCA health plan the following benefit, effective
January 1, 2000, the lesser of a monthly payment of three hundred forty-eight dollars and twelve
cents ($348.12) or one hundred percent (100%) of the employee's PEMHCA plan premium
computed by combining the provisions of Section B.1.b above with this benefit; effective January
1, 2001, this amount will increase to the lesser of three hundred eighty-four dollars and ninetythree cents ($384.93) or one hundred percent (100%) of the employee's PEMHCA plan premium
computed by combining the provisions of Section B.1.b above with this benefit; effective January
1, 2002, this amount will increase to the lesser of four hundred twenty-five dollars and forty-two
cents (425.42) or one hundred percent (100%) of the employee's PEMHCA plan premium
computed by combining the provisions of Section B, paragraph1.b above with this benefit. These

payments shall be made on a quarterly basis. If direct deposit becomes available for this benefit,
the City shall provide the option. The obligations set forth in this subsection shall be subjed to
the following conditions:
Each person receiving the benefit shall be responsiblefor payment of federal
4.
state and local taxes, if required. The City shall not withhold taxes when awarding this benefit
unless otherwise required to do so by a governmental taxing agency and shall not be obligated by
this agreement to issue a 1099 to persons receiving the benefit.
5. Each person receiving the benefit shall be obligated to notify the City within thirty
(30) days of the retiree's andlor eligible family member's eligibility for Medicare.

6. An eligible family member for PEMHCA coverage who survives the death of a
retiree shall continue to receive this benefit as long as it is allowed by PERS, as long as the
survivor remains enrolled in a PERS plan, and as long as the survivor has been designated to
receive the survivor's benefit under PERS and is receiving the survivor's benefit under PERS.
D.

Leaves of Absence.

1. Status Report of Accrued Leave. City agrees to regularly provide an unofficial

record of the current hours of accrued leave on each employee's paycheck stub. Verification of an
employee's official accrued leave record will be provided upon receipt of a reasonable request for
such verification by the City.
2.

Vacation Leave.

Entitlement. An employee shall accrue vacation leave, from the date of the
a.
employee's regular appointment by the City, on a biweekly basis at the rates enumerated below.
For the purpose of determining the amount of vacation entitlement, an employment year is
defined as the period of one year from the anniversary date of such appointment by the City.
Vacation rate increases will become effective at the beginning of the pay period that includes the
employee's anniversary date.
(1)

Ten (10) days per year through the first four (4) full employment years.

(2) Fifteen (15) days per year beginning the fifth (5th) employment year up to
and including the twelfth (12th) full employment year.

(3) Eighteen (18) days per year beginning the thirteenth (13th) employment
year up to and including the fifteenth (15th) full employment year.
(4) Nineteen (19) days per year beginning the sixteenth (16th) employment
year up to and including the nineteenth (19th) full employment year.

(5) Twenty (20) days per year beginning the twentieth (20th) full employment
year up to and including the twenty-fifth (25th) full employment year.
(6) Twenty-five (25) days per year beginning the twenty-sixth (26th) full
employment year up to and including the twenty-ninth (29th) full employment year.

(7) Thirty (30) days per year beginning the thirtieth (30th)full employment year.
Riaht to Take Accrued Leave. An employee may take accrued vacation, with
b.
the prior scheduling approval of the department head. The City may consider seniority as a factor
in resolving conflicting requests for vacation leave.
c.
Limitation on Unused Vacation Leave Balances. Effective, January
1,2001, unit employees may accrue vacation leave balances up to a maximum of two (2) times
the employee's annual vacation accrual rate as of the pay period containing January 1 of each
year. Should the employee's vacation leave balance exceed the allowable amount, the employee
will cease to accrue vacation leave until such time as the vacation balance is reduced below the
maximum allowable balance.
Vacation Sell-Back. Unit employees may sell-back to the City up to five (5)
d.
days of accrued vacation once annually, during the month of January, subject to the following
conditions:
(1) The employee has at least ten (10) days of accrued vacation leave at the
end of the calendar year, and,
(2) has at least five (5) vacation days left in hislher vacation balance after sellback has occurred, and
(3)

has taken at least ten (10) days of vacation leave in the preceding calendar
year.

Minimum Usaqe. An employee may take vacation leave in increments of not

e.
less than one ( I ) day, with the prior scheduling approval of the department head, except as
provided in Paragraph (f) below.
Personal Business Leave. An employee shall be allowed to take up to two
f.
and one-half (2 %) days per year of accrued vacation leave for personal business purposes, with
the prior scheduling approval of the department head. Normally, the leave shall be taken in
one-half day increments; however, smaller increments may be granted in justified cases by the
department head.

Interruption of Leave. In the event that a holiday occurs during a period of

g.
authorized vacation leave, the workday which is the holiday shall be charged as a holiday and not
as a day of vacation. In the event that an employee is seriously ill during scheduled vacation, the
full workdays on which such illness occurs shall not be charged to vacation leave, provided that a
doctots certificate or rep& of treatment is submitted to and approved by a City Physician. It is
expressly understood that the use of sick leave during vacation is reserved for serious illnesses,
such as those which confine an employee to bed, and that the vacation period is not automatically
lengthened by its use. Vacation leave not used due to the use of sick leave in an authorized
vacation period shall be rescheduled for use at a later date, in accordance with established
procedure.
Paychecks Durinq Vacation. If a pay period falls within an employee's
h.
scheduled vacation period, the employee shall be entitled to receive. prior to the start of such
vacation period, upon request in accordance with established City procedures, any regular
paycheck(s) which would normally be received during said period. This provision shall apply only
to employees whose scheduled vacation leave is five (5) consecutive working days or longer.
3.

Sick Leave.

a.
Entitlement. Sick leave shall be accrued by an employee on a biweekly basis
at the rate of one full working day per month of service to the City, except that sick leave shall not
be credited until the completion of the first three months of service. Sick leave with pay which is
not used shall be cumulative. Sick leave credits may be accumulated not to exceed one hundred
and fifty (150) working days, except as provided in paragraph (e) of this Section. Sick leave
credits accrued under this provision shall be expressed in hours.
b.
Familv Illness. Each employee who is otherwise eligible to take sick leave
may, in the event of illness in the immediate family, take a maximum of twelve (12) working days
family sick leave in any calendar year. Such family sick leave shall be chargeda&ainst the
employee's accumulated sick leave credits and is subject to acceptable medical verification.
For the purposes of this provision. immediate family shall be defined as mother,
father, husband, wife, son, daughter, brother, sister, grandfather, grandmother, father-in-law,
mother-in-law, grandchildren in the custody of grandparents who are Unit employees, and
domestic partners of Unit employees who have filed a Declaration of Domestic Partnership, in
accordance with established City policy.
In special circumstances involvingthe illness of a person who has raised the
employee in lieu of a natural parent or has been raised by an employee in lieu of the natural
parent, the department head or designated representative may consider granting family illness
leave under this provisionto the affected employee. In such cases, the employee must receive a
written approval from the department head or designated representative prior to departure on
such leave.

An employee shall be permitted to take family sick leave in excess of twelve (12)
days in any calendar year if the employee qualifies to take leave under the Family and Medical
Leave Act for the care of a qualified family member under the Act.
Performance Evaluation. Where it is clearly establishedthat sick leave was
c.
taken for a valid reason and the illness or injury is of a protracted nature (e.g., industrial injury,
sickness or injury with confinement of more than three (3) consecutive days' duration, etc.), said
absence shall not be taken into account in the performance evaluation.

d.

Minimum Usaqe.

Sick leave may be used in minimum increments of one (1)

hour.
Unused Sick Leave. In the event that an employee has one hundred and fifty
e.
(150) days of accumulated sick leave at the beginning of the calendar year, at the end of the
calendar year, one day of vacation leave for each full six (6) days of sick leave in excess of one
hundred and fifty (150) days will be credited to the employee. Accrued sick leave remaining in
excess of one hundred and fifty (150) days after such conversion to vacation leave shall be
removed from the official City records.
Sick Leave Buv-Back. City agrees to compensate, in cash, employees
f.
leaving City service after ten (10) years of employment, uninterrupted by any single period of
absence in excess of one (1) year, for thirty-three and one-third percent (33-113%) of accrued sick
leave.
Limited Dutv. Upon either party's request, City and Union shall meet, on a
g.
department by department basis, to discuss the development of a limited duty policy for unit
employees unable to perform their normal work duties because of injury or illness. The priority of
any such agreement reached shall be industrially injured unit employees, however, the policy may
include coverage of non-industrially injured employees, if considered feasible by the City. In the
absence of any such policy, the City shall maintain the right and sole discretion to grant or
continue any light duty assignment.
Familv Death Leave. Upon approval of the department head or designated
4.
representative, an employee may be granted family death leave with pay not to exceed five (5)
working days. Such leave shall not be charged against vacation or sick leave to which an
employee may be entitled, but shall be in addition thereto.
In order to be eligible for family death leave. an employee must have worked full-time
for the City for a period of six (6) consecutive months. An employee may be requested to furnish
satisfactory verification for use of family death leave.
In special circumstances involving the death of a person who has raised an employee
in lieu of a natural parent or who has been raised by an employee in lieu of the natural parent,

the department head or designated representative may consider granting family death leave
under this provision to the affected employee. In such cases, the employee must receive written
approval fmm the department head or designated representative prior to departure on such leave.
In cases involving exceptional hardship, the C i will consider granting up to one (1)
additional day of family death leave with pay. In such cases, the employee must receive written
approval from the department head or designated representative prior to departure on such leave.
For purposes of this provision, immediate family shall be defined as mother. father,
husband, wife, son, daughter, brother, sister, grandfather, grandmother, father-in-law,
mother-in-law, grandchildren, and domestic partners of Unit employees who have filed a
Declaration of Domestic Partnership, in accordance with established City policy.
5. On-theJob In the event an employee is injured in the performance of
duties, the employee will be entitled to receive full pay, for the period beginning the first day of
absence due to initial injury, up to a number of consecutive working days equal to three times
accumulated sick leave at the time of the injury, without any charge against their accumulated
sick leave. This entitlement period is commonly referred to as the "free period."

Should an employee return to and remain at work during the first thirty (30) days of
such leave, work time shall not be included in such entitlement.
If the leave is subsequently determined not to be directly caused by the job, all
compensation received will be returned to the City either through debiting the employee's leave
balance or in cash. The employee will further be subject to disciplinary action including job
forfeiture.
New Emalovee. An employee who has less than three (3) years of regular
a.
service with the City and is injured in the performance of duties shall be entitled to receive full pay
for the period beginning the first day of absence due to initial injury, up to sixty (60) consecutive
working days, or three times accumulated sick leave, at the time of the injury, whichever is
greater, without any charge against accumulated sick leave.
Extended Illness. In the event an employee is off duty due to illness or injury
b.
for a period in excess of twenty-one (21) continuous calendar days of sick leave within a two (2)
year period prior to an on-the-job injury, those used sick leave days shall be included in the
calculation first stated above; however, such used sick leave days shall not be restored to the
employee's sick leave balance. These provisions apply only to those employees whose sick
leave is determined under the Personnel Manual.
c.
Workers' Compensation. Payment under this provision shall not be
cumulative with any beneft which said employee may receive under the Labor Code of the State
of California awarded as the result of the same injury. If, afler the period of entitlement, the
21

employee is still disabled, the employee may supplement any benefits paid under the Labor Code
with accumulated sick leave and vacation to the extent necessary to make up the difference
between the amount of said award and the normal weekly base pay for each week of continuing
disability.

6.
An employee who is required to engage in active military tra~ning
may receive up to thirty (30) calendar days of paid military leave, at the normal base rate of pay
for the assigned classification, during each fiscal year; provided, however, that each such
employee has completed at least one (1) full year of City service or one (1) full year of combined
active military service and City service at the time the leave is granted.
In the event thatthe State of California Military and Veterans' Code is amended during
the term of this Agreement to so permit, the preceding paragraph shall be deleted and the
following paragraphs shall be placed in effect:
An employee granted military leave that does not exceed thirty (30) calendar days shall
return to the City the amount of military salary paid to such employee during the period of such
leave. City pay to the employee will continue during such leave. Allowances received for military
leave (such as travel or meals) shall be retained by the employee.
This provision shall not apply to an employee who had a signed contract on July 1,
1974: nor shall it apply to a new employee hired on or afler July 1,1974 who has a signed
contract at the time of employment. Upon the expiration of any such contract, this provision shall
take effect. In the event that an employee is hired after July 1, 1976 and has a contract without a
fixed termination date, this provision shall take effect one year from the date of employment.
7. Jurv Leave. Leave of absence with pay shall be granted to an employee who has
been selected for jury duty which is mandatory, provided. however, that in circumstances where it
is deemed necessary by the City,the employee shall cooperate by requestinga deferral of such
jury duty to a later date. An employee who serves on jury duty shall be paid regular straight time
pay for any scheduled work hours due to absence for such duty.
Fees received by the employee for jury duty shall be retained by the employee.

8.

Parental Leave.

An employee who is physically unable to perform the normal job duties of her
a.
classification due to pregnancy andlor delivery may use accrued sick leave during the period of
time she is physically incapacitated from working, as specified in writing by her treating physician.
An employee may be granted a leave of absence without pay for pregnancy,
b.
maternity, paternity or adopting a child in accordance with the provisions of the Personnel Manual
and the mandates of Federal and State law as set forth in the Department of Labor regulations
22

implementing the Federal Family and Medical Leave Act and the regulations of the California Fair
Employment and Housing Commission implementing the California Family Rights Act.
Leave of Absence Without Pav. A permanent, full-time or permanent part-time
9.
employee may be granted a leave of absence without pay of up to one (1) year, upon approval by
the City, with no loss of seniority or benefits accrued prior to said leave.
D.

Holidavs.
1.

The following days of each year are designated as holidays:

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(I)

January Ist.
The third Monday in January, known as "Martin Luther King Day".
February 12th, known as "Lincoln Day."
The third Monday in February, known as "Presidents' Day".
The last Monday in May, known as "Memorial Day".
July 4th.
The first Monday in September, known as "Labor Day".
September 9th. known as "Admission Day".
November 11th, known as "Veterans' Day".
(j) The Thursday in November appointed as Thanksgiving Day".
(k) The Friday after "Thanksgiving Day".
(I)
December 25th.
(m) Floating holiday, subject to prior approval of the department head. Holiday must
be taken during the fiscal year in which it is earned. The floating holiday shall be credited at the
beginning of the pay period that includes July I.
In order to qualify for receipt of compensation for a designated holiday, an employee
must be in paid status the work day before and the work day after the designated holiday.
2.

Christmas or New Yeafs Eve.

Employees assigned to work schedules which require them to work on both

a.
December 24 and December 31 shall be entitled to one of the following:
(1)

one-half of the work shift as paid time off on both the above days; or

(2) one full work shift as paid time off on either of the above days.
Employees whose regularwork week is Monday through Friday, when December
b.
24 and December 31 occur on Saturdays or Sundays, shall be entitled to one of the following:

(1) one-half of the work s h i as paid time off on both the Friday preceding
Christmas Eve and the Friday preceding New Year's Eve;
(2) one full work shift as paid time off on either the Friday preceding Christmas
Eve or the Friday preceding New Year's Eve.
Such time off shall be granted by the department head, subject to the need to
provide public services. In the event that an eligible employee is not allowed time off as provided
in sub-paragraph (a) or sub-paragraph (b) above. the employee shall be paid overtime for the
number of hours worked at the rate of time and one-half of the regular hourly rate of pay for the
entitled paid time off.
Employees assigned to work schedules which do not require them to work on
c.
both December 24 and December 31, but who are scheduled to work on one of these days shall
be entitled to the full work shift as paid time off on the scheduled day of work. Such time off shall
be granted by the department head, subject to the need to provide public services. In the event
that such an employee is required to work on either December 24 or December 31, the employee
shall receive an amount of straight time compensatory time equal to the number of hours worked
on these days.

3. Should a national day of mourning or celebration be declared by the President of the

United States, or the Governor of the State of California, City agrees to review the
appropriateness of designating such day a holiday.
4. Holidav Pav. Any shift that includes five or more hours on a holiday shall be
considered a holiday shift and paid at the overtime rate of time and one-half the employee's
regular hourly rate of pay for that shift.

In the event that a designated holiday falls upon a normal day off which is either a
a.
Saturday, as to an employee who works a Monday through Friday workweek, or the first day off of
a normal scheduled two days off, as to an employee whose workweek is one other than Monday
through Friday, then in either such event such employee, as the case may be, shall thereafter
receive one (1) additional day of vacation therefor; and each such employee who is required to
work on such Saturday or first day off shall, in addition, receive compensation therefor at the rate
of time and one-half of the regular base rate of pay.
In the event that a designated holiday falls upon a normal day off which is either a
b.
Sunday, as to an employee who works a Monday through Friday workweek, or the second day off
of normally scheduled two days off, as to an employee whose workweek is one other than
Monday through Friday, then in either such event such employee, asfhe case may be, shall
receive the next following day off therefor; and each such employee who is required to work on

such Sunday or second day off shall, in addition, receive compensation therefor at the rate of time
and one-half of the regular base rate of pay.
c.
For unit employees assigned to seven day a week, twenty-four hour operations
who are normally assigned to work other than a Monday through Friday workweek, when a
designated holiday falls upon the first of two scheduled days off, said employee shall receive the
next following scheduled working day off, and each such employee who is required to work on
such following scheduled working day off shall, in addition, receive compensation therefor at the
rate of time and one-half of the regular base rate of pay. This provision c. shall only apply to unit
employees in the classifications of Animal Control Officer, Assistant Cook, Cook, Correctional
Officer, Fire CommunicationsDispatcher. Jail Utility Worker, Kitchen Helper, Museum Guard,
Police Communications Dispatcher, Police Communications Operator, Police Evidence
Technician, Police Property Specialist, Police Records Specialist, Police Services Technician I
and Police Services Technician II.

E.

Allowances.

a.
Each employee who, when directed to do so, works continuously two (2) hours or
more immediately before or after a regular scheduled shift working day shall be paid a meal
allowance of ten dollars ($10.00) . In the event such an employee continues to work beyond such
first two (2) hours, and such work is not a part of the regular shift, the employee shall be paid an
additional meal allowance of ten dollars ($10.00) for each successive four (4) hour period so
worked.
Each employee who is directed to return to work overtime within fewer than
b.
twenty-four (24) hours after completion of the regular shift and who has left the employment site.
and who so works four (4) hours or more shall be paid a meal allowance of ten dollars ($10.00).
Such an employee shall be paid an additional meal allowance of ten dollars ($10.00) for each
successive four (4) hour period continuously so worked.
c.
Each employee who is scheduled to work on a scheduled day off with fewer than
twenty-four (24) hours advance notice and who so works four (4) hours shall be paid one meal
allowance of ten dollars ($10.00) In the event such employee continues to work on a scheduled
day off for a total of more hours than the normal shift working day, the employee shall be paid
such additional meal allowance(s) as may be appropriate under the formula described in the
provisions of subparagraph (a) above.
Meal allowances shall not be paid for assigned work which is scheduled at least
d.
twenty-four hours in advance where such work is not an extension of the regular work day, or, in
those instances where the City furnishes meals.

Effective January 22. 2000, the above allowance shall be increased to ten dollars and
twenty-five cents ($10.25). Effective June 24, 2000, the above allowance shall be increased to
ten dollars and fifty cents ($10.50). Effective June 23,2001, the above allowance shall be
increased to ten dollars and seventy-five cents ($10.75).
2. Uniform Allowances. The City agrees to provide the following initial and annual
uniform allowances to employees in the following classifications, provided that the wearing of a
uniform is required incident to employment:

Classification

Initial
Allowance

Animal Control Officer

Fire Communications Dispatcher
Fire Suppression District Inspector
Correctional Officer
Parking Control Technician
Parking Meter Collector
Police Communications Dispatcher
Police Communications Operator
Police Evidence Technician
Police Services Technician I
Police Services Technician II
Museum Security Guard
Subpoena Server

$507.00
$287.00
$707.00
$360.00
$497.00
$486.00
$287.00
None
$436.00
$436.00
$436.00
$557.00
$287.00

Annual

Reolacement

Effective July 1,2000, the annual uniform allowances shall be adjusted as follows:

Classification
Animal Control Officer
Fire Communications Dispatcher
Fire Suppression District Inspector
CorrectionalOfficer
Parking Control Technician
Parking Meter Collector
Police Communications Dispatcher
Police Communications Operator
Police Evidence Technician
Police Services Technician I
Police Services Technician II

Annual
Realacement

Museum Security Guard

Subpoena Server
Effective July 1, 2001, the annual uniform allowances shall be adjusted as follows:

Classification

Annual
Re~lacement

Animal Contml Officer

Fire Communications Dispatcher
Fire Suppress~onDistrict Inspector
Correctional Officer
Parking Control Technician
Parking Meter Collector
Police Communications Dispatcher
Police Communications Operator
Police EvidenceTechnician
Police Services Technician I
Police Services Technician II
Museum Security Guard
Subpoena Server
The initial allowance specified shall be paid to the employee in the first fiscal year of
employment, after the department head has certified that the minimum complement of required
uniforms meeting City's standards has been purchased by the employee. After the first fiscal year
of employment, employees shall be paid the specified uniform replacement allowance.
In the event that a required uniform item is damaged in the line of duty, where
reasonable pmdence has been exercised by the employee in the performance of duties, the Ci
agrees to pay the cost of repair of such damage, or replacement, in accordance with established
procedures.

3. Automobile Allowance. City agrees to provide transportation to employees when

required for official City business. Full-time employees who prefer to use their private vehicles for
City business may do so, upon approval by the City and subject to City regulations for safety,
insurance. etc.. as follows:
If the nature of the work assigned to an employee, as determined by the City,
a.
requires the use of an automobile on a regular basis for more than one-half of the employee's
at the rate of $95.00
work schedule, the employee may utilize a private vehicle and be re~mbursed
per month plus 27 cents per mile.

b.
If the nature of the work assigned to an employee, as determined by the City,
requires the use of an automobile on an intermittent basis or on a regular basis of less than
one-half of the employee's work schedule, the employee may utilize a private vehicle and be
reimbursed at the rate of 39 cents per mile.
The City agrees to review the above rates at the end of the first and second years
of this Agreement and to make such adjustments, if any, as are deemed appropriate.
4.
Tool Allowance. The City agrees to provide an annual tool allowance of three
hundred dollars ($300.00) to employees in the classifications of Automotive Equipment Mechanic,
Heavy Equipment Mechanic, and Equipment Body Repair Worker.

EffectiveJuly 1,2000, the above allowance shall be increased to three hundred and
twenty-five dollars ($325.00). Effective July 1, 2001. the above allowance shall be increased to
three hundred and fifty dollars ($350.00).
The City agrees to provide an annual tool of allowance of one hundred and twenty-five
dollars ($125.00) to employees in the classifications of Plumber, Construction and Maintenance
Mechanic, and Carpenter.
Effective July 1,2000, the above allowance shall be increased to one hundred and fifty
dollars ($150.00). Effective July I , 2001. the above allowance shall b e increased to one hundred
and seventy-five dollars ($175.00).
The allowance shall be paid to current employees serving in these classes annually in
the month of January. New employees shall be paid within thirty (30) days of their first day of
work and annually thereafter.

5. Safetv Shoe Allowance. The City agrees to provide an annual safety shoe
allowance of up to one hundred dollars ($100.00) through a designated City vendor to employees
in the classifications listed below, to offset the cost of purchasing one (1) pair of safety shoes.
Unit employees in any of the eligible classifications who are assigned for at least six (6)
consecutive months to either the Heavy Pavement Crew or the Undulation Crew in the
Maintenance Services Department shall be entitled to an annual allowance of up to two hundred
dollars ($200.00) to offset the cost of purchasing two (2) pairs of safety shoes through the City
vendor.
The safety shoes purchased and worn by the employee shall meet agreed upon
industry standards. Employees to whom the City provides a safety shoe allowance shall be
required to wear the safety shoes in the course of their work.

The annual entitlement shall be available to current employees serving in the

designated classes annually in the month of January. New employees shall be provided with the
entitlement within thirty (30) days of their first day of work and annually thereafter.
Classifications covered:
Auto Equipment Mechanic
Auto Equipment Painter
Auto Equipment Service Worker
Blacksmith Welder
Carpenter
Concrete Finisher
Construction and Maintenance Mechanic
Custodian (on the Route)
Equipment Body Repair Worker
Gardener Crew Leader
Gardener I
Gardener II
Heavy Equipment Mechanic
Heavy Equipment Operator
Heavy Equipment Service Worker

Jail Utility Worker

Maintenance Mechanic
Painter
Park Equipment Operator
Plumber
Public Works Maintenance Worker
Sewer Maintenance Leader
Sewer Maintenance Worker
Sign MaintenanceWorker
Stationary Engineer
Stationary Engineer PPT
Street Maintenance Leader
Traffic Painter
Tree WorkerlDriver
Truck Driver

The City agrees to purchase one (1) pair of appropriate shoes for incumbents in the
classification of Tree Trimmer during the term of this Agreement.
6.
Driver's License Hazardous Materials Certification Reimbursement Unit
employees in the classification of Heavy Equipment Mechanic who are required by the City to
have a Hazardous Materials Certification for their driver's license shall be reimbursed for the
annual cost of such certification upon appropriate proof of renewal.

7.

Video D i s ~ l a Terminal
v
NDT) Glasses.

If VDT glasses are prescribed for

a unit employee, the City agrees to provide a maximum of one (one) pair of VDT glasses to the

employee annually through a designated City vendor. The qualifications for receipt of this benefit
are as follows:
a.
Eligible employees must use video display terminals at least an average of
eighteen and three-quarters (18.75) hours per week as certified by their department.
b.
Eligible employees must present a prescription, issued within a thirty (30)
day period, specifically for VDT glasses. Regular prescriptionglasses available through the City's
Vision Plan are not covered underthis provision.

F.

Permanent Part-Time E m ~ l o v e eBenefits.

1. Leaves. A permanent part-time employee, who works fifty percent (50%) or more of
the normal workweek for the full-time class equivalent to the employee's own class throughout the
calendar year, shall accrue vacation and sick leave on a pro-rata basis according to the time
worked in relation to the normal workweek for the full-time class. Family Death Leave shall also
be granted to such employees on a pro-rata basis in accordance with the criteria outlined in
Article II, Section D, paragraph 4.

2. Insurance Benefits. City agrees to provide a term life insurance policy

for such permanent part-time employee in the amount of one-half times' annual salary or twelve
thousand dollars ($12,000). whichever is greater, including an accidental death and
dismemberment benefit of equivalent amount. and to contribute toward the cost of health, dental,
and vision care insurance coverage under the established City plans for such permanent
part-time employees at the rate of sixty-five percent (65%) of the City contribution rates provided
for in Section B, Paragraphs 1, 2. 3 and 4 of this Article.
3. Holidav Benefit. Permanent part-time employees who do not currently enjoy a
holiday benefit, shall be credited with four (4) hours floating holiday time at the beginning of the
pay period that includes July 1. This floating holiday time is subject to prior approval of the
department head. Holiday time must be taken during the fiscal year in which it is earned.
4. Permanent par-time recreation leaders assigned to half-time or more positions will be
scheduled for work in a manner that will insure each such employee an opportunity to receive a
minimum of twenty (20) hours per week on an annual basis.

G. Professional Development Reimbursement.

Effective July 1, 2000, the City agrees to
~rovide
each unit emplovee in classifications listed in Appendix C with up to seventy-five dollars
($75.00) per year for reimbursement of items related to.professional development. such items
may include books, subscriptions to professional journals or magazines, dues to professional
~r~anizations
which are related to current employment, job-related tools and equipment,
reaistration.
a .~.~ l i c a t i oornexamination fees for registration
or certification within hislher
"
profession and expenses related to professional development including research and training.
Such requests for reimbursement must be submitted with a receipt in aggregate amounts of at
least twenty-five dollars ($25.00). However, all receipts for reimbursement, whatever the
aggregate value, must be submitted before the end of the fiscal year, and by June 1, if feasible.

Effective July 1,2001, the City agrees to increase professional development reimbursement to up
to one hundred dollars ($100.00) per year.

ARTICLE IV -WORKING CONDITIONS

A.

Hours o f Work.

For an employee in Unit B or C, the regular daily work schedule shall be eight hours; the
regular weekly work schedule shall be forty hours. For an employee in Unit D, the regular daily
work schedule shall be seven and one-half hours; the regular weekly work schedule shall be
thirty-seven and one-half hours.
1.
Rest Period.
One rest period of fifteen (15) minutes' duration shall be scheduled
during each work period of three (3) or more hours; such scheduling shall be at the discretion of
the department head or authorized supervisor, with no loss of pay ortime off charged.

Lunch Period. An uninterrupted lunch period of no longer than one (1) hour nor less
2.
than one-half (%) hour shall be scheduled for full-time employees at or about the midpoint of each
work shift, except for an employee whose work schedule provides a paid lunch period. Where a
paid lunch period is provided to an employee, payment shall be based on the regular hourly rate
of pay for such employee. As provided by and in accordance with departmental rules, employees
may leave their work stations during an unpaid lunch period, provided they are back at the work
station immediately following the end of said lunch period.

3.
Public Relations. City and Union agree that those in the public service have a
special responsibility to be sensitive and responsive to their ultimate employer -- the citizens, and
that awareness of this responsibility is particularly important for field personnel or other City
employees who can be observed by the general public both during work and when taking rest
periods or lunch breaks.
The parties agree that the image of the public employee in the community must be
improved if high levels of employee morale are to be achieved. To this end, the parties agree to
mutually pledge their best efforts over the life of this Agreement to continuously encourage
employees to be courteous, helpful and industrious in all their public contacts and when in public
view during the full duty period.
B.

Shifts a n d Schedules.

City shall exercise good faith in establishing work schedules. The functional needs of the
City shall prevail in scheduling, provided, however, that:
1.
Changes in work schedules and shift starting times for full-time employees shall be
posted at least ten (10) working days in advance of such contemplated change (or longer, if
possible), except in case of emergency, and the Union shall simultaneously be advised of such
changes.

2. Employees who are interested in being considered for transfer to another assignment
may submit a written request, in accordance with established procedures, to their departmental or
divisional personnel office, for positions within their department or division, or to the Office of
Personnel Resource Management (OPRM) for other positions. OPRM will provide names of unit
employees who have made themselves available for transfer to departments submitting
requisitions to fill positions. When filling a vacant authorized position, the City may consider
employees for such assignment on the basis of seniority.
D.

Health and Safetv.

1.
It is agreed by the City and the Union that health and safety are mutual concerns of the
City and of the Union. The City recognizes its responsibility to maintain health and safety
standards in accordance with the California Occupational Safety and Health Act. The Union
recognizes its responsibility to encourage employees to work safely and efficiently.
2.
All employees shall follow the guidelines for VDT use in accordance with Administrative
Instruction 130, dated July 1, 1991.

3.
In those instances where an employee has a complaint arising out of a health or safety
condition under the City's responsibility, and where such complaint is not resolved expeditiously at
the departmental level, the Union Business Agent and the Employee Relations Officer shall
promptly meet to discuss the matter.
In cases where an employee's alcohol or drug abuse interfereswith regular work duties,
4.
and in accordance with existing procedures, the City agrees to discuss and consider holding
proposed disciplinary action in abeyance and referring the employee to appropriate counseling or
treatment. The City further agrees that the employee will not be dismissed while actively and
successfully participating in such treatment or counseling programs, subject to hislher compliance
with City and departmental rules and maintenance of acceptable job performance.

5. The Employee Relations Officer (ERO) and the Union Business Agent (UBA), or their
designees, shall meet at the request of either party, to address health and safety issues, including
those raised by SB 198. The ERO and UBA shall call upon those departmental representat~ves
or Union stewards as needed for deliberations on issues of direct concern to such persons.
6. Unit employees, not currently covered by the City's Infectious Disease Control Program,
may submit a request for a Hepatitis B vaccination (HBV) to the Retirement and Risk
Administration Department for follow-up as deemed appropriate by Retirement and Risk
Administration.

7. The City agrees to provide sexual harassment training to all unit employees no later
than January 1,2001.

ARTICLE V PERSONNEL PROVISIONS

It is agreed that employees will be given a copy of entries of a derogatory nature when they
are placed in their official personnel files.
Derogatory entries in an employee's official personnel file are evaluated in terms of the
seriousness of the action(s) or incident(s) described and the recency and repetitivenessof such
action(s) or incident(s) for use in disciplinary proceedings. Entries describing action(s) or
incident(s) which are of minor significance andlor which are not recent andlor which have not
been repetitive will receive more limited consideration in disciplinary proceedings.
Entries of a derogatory nature to be used in any disciplinary proceeding against an employee
shall include only materials of which a copy has been given to the employee and has been placed
previously in the employee's official personnel file, or which is to be placed currently in the
employee's official personnel file in connection with current action(s) or incident(s) resulting in
disciplinary proceedings.
Employees may review their official personnel files in the Personnel Department twice per
year and may make copies, at their own expense, of the documents contained therein, except
that copies of all original entries to such files shall be provided at no expense to employees at the
time of entry. It is understood that the City may establish reasonable rules for the control of said
files in the implementation of this provision.
The employee may also authorize, in writing, the Union Representativeto insped the
personnel file related to a dispute concerning that employee.
Material in personnel files shall be regarded as confidential and disclosed only in accordance
with provisions of law.
B. Reduction in Force.
The City shall attempt, insofar as possible, to accomplish any reduction in force by attrition
rather than by layoff. The City agrees to keep the Union advised of financial planning which
contemplates reduction of personnel represented by the Union at least six months in advance.
The City will provide Union with a listing of classificationswhich may potentially be reduced at a
future date. In the event that a reduction i n force is required, it shall be carried out in accordance
with the Personnel Manual and the following principles:
1. A reduction in force shall be effected on a City-wide basis for each classification to be
reduced. Employees in classifications affected by a reduction in force who are not subject to
layoff may, with City approval, volunteer t o be laid off.

2.
Seniority in the affected class shall be a primary factor in accomplishing such a
reduction in force.
3. At least two (2) weeks notice of any reduction in force shall be provided by the City to
affected employees.
4.

In recall from layoff, the last person laid off shall be the first recalled.

5.

A laid-off (reinstatement) list shall remain in effect for a period of three (3) years.

It is anticipated, in the case of a City reduction in force, that no employee will be

6.
required to take accrued vacation prior to layoff.
C.

Probationarv Period.

1. Entrv Probationaw Period. The probationary period of an employee filling an entry

level position shall not exceed nine (9) months in duration except that, in the case of an individual
employee requiring further consideration, the City, at its option, may extend the probationary
period by three (3) months. Further, an additional three (3) months may be added to the
probationary period by mutual agreement between the City and the Union.
Promotional Probationaw Period. The probationary period of an employee filling a
2.
position from a promotional examination shall not exceed six (6) months in duration.

City agrees that employees are entitled to Employee Service Ratings and Reports which
outline progress and performance in their classifications. The Employee Service Rating and
Report shall primarily serve as a means (1) whereby an employee's performance may regularly be
reviewed with the supervisor; (2) for ascertaining and encouraging the improvement in service by
an employee; (3) for providing effective supervision of an employee; and (4) for noting and
complimenting outstanding achievement by an employee.
An employee in a nine (9) month entry level position shall receive such Report within
fourteen (14) calendar days after the end of the second, fifth and eighth months of service (and
eleventh and fourteenth months of sewice where applicable) and annually thereafter, in
accordance with the city-wide performance appraisal cycle.
An employee in a six (6) month probationary period shall receive such Report within
fourteen (14) calendar days after the end of the third and fifth months of service and annually
thereafter, in accordance with the city-wide performance appraisal cycle.

These time lines may be modified by mutual agreement between the Union and the
City. The remedy for failure to meet time lines shall consider the circumstances resulting in the
untimeliness.
An employee proving unsatisfactory or electing to decline a promotional position during
the probationary period shall have full return rights to the fomler classification without loss of
seniority or other benefits.
An employee having one or more areas of below-standard performance may have
these areas reviewed and dealt with between the regular annual performance appraisals by the
use of oral andlor written descriptions of the deficiencies and the methods and schedules for
bringing them to acceptable standards. Said reviews shall be made through utilization of
disciplinary proceedings and shall be subject to the grievance procedure.
E.

Entrv Level Examinations.

1. Residencv. A City of Oakland resident competing in such an examination shall be

given an additional five percent (5%) added to the score, provided that the employee initially
scores a passing grade on the examination. Residency shall be determined as of the date bf
certification of the Civil Service eligible list for that examination.

2. Certification of Eliqibles t o Fill Vacancies. Whenever an entry level position in the

Classified Civil Service is to be filled, for which n o reinstatement list exists, the appointing
authority shall receive a list of four (4) names. In the case of multiple vacancies, the appointing
authority shall receive a list of four (4) names, plus two (2) names for each additional vacancy to
be filled; provided, however, that a lesser number may be certified when there is not the required
number on the eligible list.

F.

Promotional Examinations.

1. Announcements o f Promotional Examinations. City agrees routinely to make

information regarding promotional examinations available each month in advance to employees
represented by Union.
2. Conduct. No City employee who is a member of the department in which the current
vacancy exists will sit as a voting member of an oral board for promotional examinations. A staff
member of the Office of Personnel Resource Management may sit as a non-voting member for
the purposes of sewing as a resource person and maintaining the orientation of the oral board.
No department representative shall be present during an oral promotional examination. The City
agrees to formally seek concurrence from the Union in the event of using in-house raters for
promotional exams.

3.

Senioritv.

a.
An employee who has completed ten (10) or more full years of City service and
who successfully competes in a promotional examination shall receive five (5) points added to the
final examination score.
b.
An employee who has completed fewer than ten (10) full years of City service
and who successfully competes in a promotionalexamination shall receive an additional number
of points, not to exceed a maximum of five (5). added to the final examination score. prorated in
accordance with the employee's number of years of City service.
Calculation of seniority points shall be effected as of the date of the job
announcement.
4.
Residencv. A City of Oakland resident competing in an examination shall be given an
additional five percent (5%) added to the score, provided that the employee initially scores a
passing grade on the examination and has been a resident for a minimum period of one (1) year
as of the date of the job announcement.

5. Certification Whenever a promotional position in the

Classified Civil Service is to be filled. for which no reinstatement list exists. the a ~ ~ o i n t i n a
authority shall receive a list of four (4) names. In the case of multiple va&ncies,'ihe appointing
authority shall receive a list of four (4) names, plus two (2) names for each additional vacancy to
be filled; provided, however, that a lesser number may be certified when there is not the req;ired
number on the eligible list.
Individuals on the promotional eligible list shall be certified and considered for
appointment before individuals on the original entrance andlor restricted eligible list(s).
G.

Job Vacancies.

1. City agrees. when requested by employees, to place their names on the transfer lists
for their classifications. The department shall consider all listed employees prior to filling a vacant
position, taking into account seniority and other factors.
2. City agrees to post on CityNet a list of current job announcements and openings by
classification name for which an approved personnel requisition is on file in the Oftice of
Personnel Resource Management.

3. The City will provide the Union, on a monthly basis, a list of all temporary and exempt
employees performing work that is also performed by employees covered by this Agreement.
Such list shall include the name of the employee, hislher classification,department and salary or
contract cost.

4. The City agrees to send a copy of all open and promotional job announcements to the
Union Business Agent.

H.

i
i

Eliaible Lists.

In the event Open andlor Promotionalexaminations fail to produce successful candidates

from among City employees represented by the Union, the City and Union may meet to discuss
whether specific on-the-job or other training programs should be initiated to upgrade the skills of
interested employees.

I.

Conferences and Seminars.

City and Union agree that it may be desirable for an employee to attend a conference or a
seminar wh~chhas as its primary purpose the teaching of concepts or skills that are d~rectly
beneficial to the employee in the performance of the job, and where such attendance is in the
best interest of the City. Subject to the approval of the City, an employee may be granted leave
with pay, with or without expenses, to attend such conference or seminar.
J.
I
I

Work Effort.

The Union recognizes that the City must strive to provide the citizens of Oakland with the
best possible services within the available resources. The City and Union jointly recognize the
responsibility of each employee of the Clty to perform productively in order to provide citizens with
specified services at specified levels.
The Union agrees to actively participate in the encouragement of all employees represented
by the Union to work cooperatively with management and supervisory employees to attain
maximum productivityby the employees and work groups to which they are assigned. To that
end. the Union will actively encourage all employees represented by the Union to participate in
City training, education and development offerings insofar as training offerings are conducive to
harmonious employer-employee relations. It is understood that the City will continue to
encourage the development of supervisory skills and the fostering of improved interpersonal
relationships between management and represented employees through a training and
development program.
The Union will continue to encourage all of its unit members to support the City's goals of
reducing crime, improving public schools, revitalizing the downtown area, and supporting cultural
arts. Towards that end all employees will be encouraged to volunteer during off duty hours for
activities in support of these goals, such as mentoring a school age child or participating in
literacy programs.

K. Tuition Reimbursement.
City shall reimburse an employee for the cost of job-related academic courses, approved in
advance by the department head or the designated representative, upon successful completion,
in accordance with the following table:

Grade

Reimbursement

A or B

100% of the tuition fee, or $400.00 whichever is less.

50% of the tuition fee, or $200.00 whichever is less.

In the event that the course is graded on a passlfail basis, reimbursementshall be

seventy-five percent (75%) of the tuition fee, or three hundred dollars ($300.00), whichever is
less. An employee failing a course, or receiving a grade lower than a C shall not be reimbursed.
An employee shall be allowed to take up to two (2) courses eligible for reimbursement
during any given semester or quarter, with a limit of six (6) total classes per year, regardless of
whether the institution is on the semester or quarter system.
L.

Contractinq Out.

With respect to the provisions of Section 902. (e) of the Charter regarding contracting of
service, it is agreed the City will, as far as possible in advance of action by the City, undertake to
inform the Union of such matters as may affect employees represented by the Union, provided,
that no such contract for service shall result in the loss of employment or salary by any person
having permanent status in the competitive service.
M.

Labor-Manaqement Retreat.

During the life of this Agreement the parties shall conduct a laborlmanagementretreat once
every eighteen (18) months, beginning September, 2000, for the purpose of enhancing
communications and improving mutual commitment to organization productivity.
Union agrees to participate in the funding necessary to conduct the retreat.

N.

Position Reallocations.

In the event the City, as a result of a classification review, reallocates a position to a

classification within the competitive service having a higher salary range, the appointing authority
may, with the concurrence of the Director of Personnel Resource Management, grant permanent

'

status to the incumbent without competitive examinations or requiring the serving of a

probationary period provided, however, that the following conditions are met:
1.

The incumbent must meet the minimum requirements for the higher classification;

2.
the incumbent must have served for at least one ( I ) year, as of the date the
classification review request was initiated, in the position performing the same duties, and;

3. the incumbent must have maintained standard or above performance ratings while
performing the same duties.
The appointment shall be effective as of the date of issuance of the classification review
results by the Director of Personnel Resource Management.
If the incumbent is not granted such status, the position will be filled in accordance with the
provisions of the Personnel Manual.
0. Americans with Disabilities Act.

In the event an employee becomes disabled within the meaning of the ADA and the City is
reasonably able to accommodate the limits or restrictions on that employee's ability to work, the
City will do so provided that employee is qualified and able to perform the essential tasks of the
job with the accommodation. The City recognizes its obligation to meet and confer with the Union
regarding any proposals to accommodate represented employees as described above where
such accommodation is inconsistent with a provision(s) of this Memorandum of Understanding,
and Civil Service Rules or other Rules or Regulations which are within the required scope of
bargaining. In turn, the Union recognizes that attempts to accommodate employees may create
conflict with this Memorandum of Understanding, Civil Service Rules, or other Rules or Practices
which govern the terms and conditions of employment. In those cases, the Union recognizes its
obligation to be reasonable and flexible regarding modifications of the agreements described
above or compromises in an effort to accommodate the disabled employee and comply with the
law.
P.

.1*

Residency Zone.

Represented employees hired on or after January 1, 1996 in the classifications identified in

Appendix D, shall be required to live in a residency zone as described in Appendix E. Further,
such employees shall be required, as a condition of continued employment, to maintain residency
within the zone during their employment with the City of Oakland. The City shall periodically
require proof of established residence.
1996 shall not be subject to the residency
Represented employees hired prior to January I.
requirement during the term of their employment with the City. Further, should such employees

be laid off as a result of City reduction in force they shall not be subject to the residency
requirement if reinstated to employment. However, should such employees terminate
employment and become re-employed or re-appointed to City employment at a later date they
shall become subject to the residency policy at that time.
Q.

Discipline.

1. The good cause provision of Civil Service Rule 10 shall not be deleted in the absence
of meeting and conferring with the Union.

2. The City will provide a copy of the "Skelly" notice of intent letter to the designated
representative, if any, of the involved employee.
R. Drua Free Workplace.
City and Union reaffirm their commitment to a safe work
environment and shall work together to eliminate any substance abuse which could impair an
employee's ability to safely and effectively perform the functions of their job. Towards this end,
the City and Union shall refer and charge the Joint LaborIManagementCommittee with devising a
comprehensive workplace education and early intervention program. Elements of such a
program may include peer training, counseling, and mentoring, educating employees to the
problems of substance abuse by means of seminars, staff meetings, and newsletters, training
supervisors in effectively dealing with substance abusers, a substance abuse education and
prevention week, and development of a resource bank.
Any employee found to have
S. Sexual Harassment and Violence in the Workplace.
engaged in workplace activity in violation of the Cly's policy on sexual harassment or violence in
the workplace shall be subject to discipline.

ARTICLE VI -GRIEVANCE PROCEDURE

Section I. Definition. A grievance is herein defined as any dispute which involves the
interpretation or application of this Agreement or disciplinary action taken against an employee,
and the application of the Personnel Rules.
W i h the exception of grievances concerning suspension, demotion or termination, which
may be filed at Step Two, it is the express intent of the parties that grievances be resolved
expeditiously at the lowest possible administrative level. Toward that objective, the following
steps are prescribed:
Section 2.

Procedure.

Informal Discussion. The employee or the Union Representative may

Step 1. (a)
present the grievance orally to the immediate supervisor within ten (10) working days from such
time as the employee or Union should reasonably have been aware of the occurrence.
(b)
Formal Submission. Should the grievance remain unresolved, the
employee or Union Representativemay subml the grievance in writing to the immediate
supervisor within the ten (10) working days cited above. The grievance shall state the specific
section of the Memorandum of Understanding, or the Personnel Rules alleged to be violated, or
the disciplinary action taken, and the proposed solution. The supervisor shall render a decision in
writing to the employee andlor Union Representativewithin ten (10) working days of the formal
submission of the grievance.
Step 2. A ~ ~ etoa De~artment
l
Head. Should the grievance remain unresolved, the
employee or Union Representativemay, within seven (7) calendar days of receipt of the
supervisor's decision, submit the grievance in wrling to the department head. The department
head or director or the designated representative shall respond to the grievance in writing within
seven (7) calendar days after receipt of the grievance.

Step 3. E m ~ l o v e e
Relations Officer Union Staff Re~resentative. Should the grievance
remain unresolved, the employee or Union Representative may, wlhin seven (7) calendar days
after receipt of the department head response. submit the grievance in writing to the ~ m ~ l o ~ ~ e
Relations Officer. The Employee Relations Officer, or a designated representative, shall meet
with the assigned Union Staff Representative within seven (7) calendar days of submission and
attempt to resolve the dispute.

Step 4. Civil Service Board Arbitration. Should the grievance remain unresolved,
within fourteen (14) calendar days of said meeting either party may submit such grievance to a n
impartial arbitrator who shall be selected by mutual agreement or, if such agreement is not
reached, by alternately striking names from a list of five arbirators submitted by the State

Conciliation Service. Alternatively, in the case of a grievance concerning discharge or disciplinary

action against an employee, Union may elect to submit such grievance to the Civil Service Board,
instead of to an arbitrator. The Civil Service Board may elect to use a Hearing Officer for such
appeals as described in Appendix A. In the event that the Union elects to submit such grievance
to the Civil Service Board, the filing of the written grievance in accordance with the provisions of
Step 1 (b) above shall satisfy the requirement of the Personnel Ordinance that the employee glve
notice of intent to appeal a discharge or disciplinary action.
If arbitration is selected. it is agreed that the decision of the arbitrator shall be final and
binding on all parties and the arbitratots fees shall be bome equally by the parties. The arbitrator
shall have no power to add to or subtract from the provisions of this Agreement or of the
Personnel Rules.
Section 3. Time Limits. Time limits prescribed in Section 2 above may be extended by
mutual agreement of the parties. Failure by the employee or Union to follow the time limits,
unless so extended, shall nullify the grievance. Failure by the City to follow the time limits, unless
so extended, shall cause the grievance to move to Step 2 or Step 3, whichever is the next level.
Section 4. Witnesses. Individuals who may have direct knowledge of circumstances relating
to the grievance may appear at the mutual request of the parties during any stage of the
procedure. In the case of an employee appearance, the employee shall be compensated at the
regular rate of pay for actual time spent in such appearance.
Section 5. Class Action Grievance. A grievance covering more than one represented
employee must be identified as a "class action grievance" when first submitted. The scope of the
grievance shall then be described; and, to the extent reasonably known by the Union, the
grievants shall be identified by name. A "class action grievance" must meet the definition of a
grievance, as described in Section 1 of this Article, to be processed as such.
Section 6. Immediate Arbitration. Either party may waive the time limits specified herein and
proceed to immediate arbitration in any case where either party alleges the other is threatening to
take an action in violation of this Agreement in so short a period of time as to disallow the other
party from proceeding within said time limits. Proceeding to arbitration under this Section shall be
by mutual agreement, and such agreement shall not be withheld by either party arbitrarily.
In any such case, the arbitrator shall have no power to add to or subtract from the provisions of
this Agreement or of the Personnel Rules, but shall have power to issue an order to the party
initiatingthe grievance to abide by the normal time limits provided in this Article.
An arbitrator to hear such case shall be selected by the parties from a panel of three arbitrators
mutually agreed upon when the provisions of this Section 6 are invoked. The first arbitrator, in
designated order from the panel, available within a 48-hour period shall be selected.

No post-hearing briefs shall be permitted, and the arbitrator shall render a decision at the
conclusion of the hearing.

Section 7. Consolidation. Concurrent grievances alleging violation of the same provision

shall be consolidated for the purpose of this procedure as a single grievance.

ARTICLE VII -RESOLUTION DURATION

Resolution. It is understood that this Memorandum or any part thereof is not binding upon
the City until and unless the same is adopted by the City Council; and is not binding upon the
Union until and unless the same is adopted by a vote of the represented employees, consistent
with Union rules and regulations. This Memorandum of Understanding resolves in full, for its
duration, all issues between the parties concerning wages, hours and other terms and conditions
of employment.

A.

B. Savinqs Clause. In the event any portion of this Memorandum is declared null and void by
superseding federal or state law, the balance of the Agreement shall continue in full force and
effect, and the parties shall immediately commence negotiationsto ensure that the superseded
portion(s)shall be rewritten to conform as nearly as possible to the original intent.
C. Duration. Pursuant to the adoption by the City Council of implementing ordinances or
resolutions, this Memorandum shall become effective July 1, 1999 and shall remain in effect for a
period of three (3) years, terminating on June 30, 2002.

The City of Oakland, hereinafter referred to as "City", and United Public Employees, Local
790, hereinafter referred to as "Union", hereby agree that the Civil Service Board may elect to use
a Hearing Officer for appeals of suspensions, fines, demotions or disciplinary discharges filed
pursuant to Article VI, entitled Grievance Procedure, of the current Memorandum of
Understanding between the parties. The parties further agree to the following provisions
governing the use of such Hearing Officers:
1.

Hearina Officer Panel.

The City and Union will mutually establish a panel of ten (10) hearing officers (LIST
ATTACHED).
Should any of the ten (10) hearing officers be unable to continue to remain on the panel,
the City and Union shall meet promptly for the purposes of mutually selecting a replacement. The
candidates for such replacement shall be provided by the State Conciliation Service.
2.

Order of Use.

The City and Union shall establish and order a list of hearing officers by random. Cases
will be assigned to officers in order on the list.
Both the Union, as representative of the appellant, and the City shall have one peremptory
challenge. In the event that such challenges are made. the case will move to the hearing officer
next in order on the panel list.
If a designated hearing officer is not available during the sixty (60) days after the case IS
assigned, the case will be re-assigned to the panelist next in order. No additional peremptory
challenges will be allowed.
3.

Conduct of Hearinas.
Hearings will be closed to the public unless otherwise requested by the appellant.

Hearings will be tape recorded. Copies of the tape will be available to the appellant, if
desired, for no charge. Transcripts of the taped proceedings will be available upon request at the
requesting parties' expense.
Closing arguments shall be oral; provided, however, that either party may elect to submit a
closing brief. Such an election must be made following the presentation of closing arguments
Briefs are to be submitted to the Hearing Officer within twenty (20) calendar days of the close of
the hearing. Briefs submitted after the deadline shall not be considered by the Hear~ngOfficer.

4.

Hearina Officer Res~onsibilities.

Hearing Officers shall be responsible for the conduct of the hearing and shall identify the
appeal issue, determine relevant facts, assess the credibility of witnesses, evaluate the evidence
and render an advisory decision to the Civil Service Board.
The Hearing Officer shall render written finding and recommendations to the Civil Service
Board within thirty (30) calendar days of the close of the hearing. If briefs are submitted, the
recommendation shall be submitted to the Board within fifty (50) calendar days of the close of the
hearing.
The Hearing Officer shall provide the Civil Service Board the following documents which
shall constitute the official hearing record:
a. A summation page delineating the case name, issue, brief summary of the case and
hislher recommendation.
b. A complete written report documenting the findings.
c.

Any documentary evidence, written motions and briefs submitted

d. The cassette tape(s) of the hearing.

5.

Civil Service Board Res~onsibilities.

Upon receipt of a Hearing Officets recommendation, the Board Secretary shall schedule
the case for the next available Civil Service Board meeting. The Board will make every effort to
schedule a case within thirty days of receiving the Hearing Officets recommendation.
In reaching a decision, the Board shall review the hearing record and may review the
cassette tape of the hearing. The Board's decision shall be made in accordance with Ordinance
No. 8979, as amended, which requires a majority of a quorum to accept, reject or modify an
appeal.
Final determinations will be issued in writing, within ten (10) days of the conclusion of the
Civil Service Board review of the Hearing Officer's recommendation. Copies of the Board's
determination and the recommendation of the Hearing Officer shall be forwarded to the appellant,
appellant's representative,City Attorney's Office and the affected City Department.

6.

Costs.
Costs for the Hearing Officer shall be borne by the City.
Costs for transcribing hearing tapes shall be borne by the requesting party.
Cost for a copy of the hearing tape shall be bome by the requesting party.

Barbara Chvany
William Riker
Claude Arnes
Norman Brand
Barbara Bridgewater
Morris Davis
Carol Zamperini
Frank Silver
Barry Winograd
Christine Knowlton

APPENDIX B
Accountant l
Accountant ll
Animal Control Officer
Cable Television Production Asst. PPT
Construction lnspector
Construction Inspector, Senior
Fire Communications Dispatcher
Fire Prevention Bureau Inspector, C~vilian
Fire Suppression District lnspector
Gardener Crew Leader
Hazardous Materials lnspector I
Hazardous Materials lnspector II
Jail Utility Worker
Stationary Engineer
Stationary Engineer PPT
Tax Auditor
Tree WorkerIDriver

1.4%
1.4%
5.4%
10.0%
3.0%
3.0%
Tie to Police Cornrn. Dispatcher
4.2%
4.2%
Tie to St. Maintenance Leader
4.2%
4.2%
Tie to Custodian
Tie to Construction & Maint. Mech.
Tie to Construction 8. Maint. Mech
1.4%
.70hour

APPENDIX C
Accountant I
Accountant 11
Collections Officer
Assistant Criminalist
Early Childhood Center Director
Early Childhood Instructor
Family Advocate
Hazardous Materials lnspector I
Hazardous Materials Inspector II
Librarian I
Librarian I, PPT
Librarian II
Librarian 11, PPT
Librarian, Senior
Library Assistant
Library Assistant, PPT
Library Assistant, Senior
Literacy Assistant
Literacy Assistant, PPT
Literary Assistant, Senior
Museum Curatorial Specialist
Museum Curatorial Specialist. PPT
Museum Design & Construction Specialist
Police Evidence Technician, Criminalistics Division, OPD
Preparator
Preparator, PPT
Recreation Center Director
Recreation Program Director
Recreation Specialist I, PPT
Recreation Specialist 11. PPT
Refuge Naturalist
Tax Auditor I
Tax Auditor I1

APPENDIX D
List of Affected Represented Classifications

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

Auto Equipment Mechanic

Auto Equipment Service Worker
Concrete Finisher
ElectronicsTechnician
Fire Communications Dispatcher
Hazardous Materials lnspector I
Hazardous Materials Inspector II
Heavy Equipment ~echanic
Heavy Equipment Operator
~ e a v y~ q u i ~ m eservice
nt
Worker
Park Equipment Operator
Police Communications Dispatcher
Police Communications operator
Police Evidence Technician
Police Service Technician I and II
Public Works Maintenance Worker
Sewer Leader
Sewer Maintenance Worker
Sign Maintenance Worker
Specialty Combination lnspector
Stationary Engineer
Street Maintenance Leader
Street Sweeper Operator
Tree High Climber
Tree Trimmer
Tree WorkerIDriver
Truck Driver

APPENDIX E
Residency Zone Map and Zip Code Index

The map attached to and included as part of this Appendix illustrates the general parameters of
the established residency zone. Applicants and employees residing within the zip codes below or
within the designated city limits of the following jurisdictions would be considered within the
acceptable areas of the zone.
MAP LOCATION

ZIP CODE

Alameda
El Cerrito
Castro Valley
Lafayette
Moraga
Orinda
San Leandro
San Lorenzo
Erneryville
Oakland

94501 94502
94530
94546
94549
94556
94563
94577 94578
94580
94608
94601 94602
94607 94608
94612 94613
94702 94703
94708 94709
94706
94801 94802
94808
94547
94564
94806
94803
94540 94541
94545 94557
94611

Berkeley
Albany
Richmond
Hercules
Pinole
San Pablo
El Sobrante
Hayward
Piedmont

94579

94603
94609
94618
94704
94710

94605
94610
94619
94705
94720

94606
94611
94621
94707

94804 94805 94807

94542 94543 94544

Letter of Understanding

The City agrees that unit employees in the classification of Police Evidence Technician shall have
a paid lunch period. It is agreed that this benefit shall become effective upon the date of
,executionof the Memorandum of Understanding between the partiec .?overing the period July 1,
1999 through June 30,2002.

CITY OF OAKLAND, a municipal

Letter of Understandinq

City agrees to provide all full-time and permanent part-time Custodians who are assigned to
work on a roving crew two-way radios.

CITY OF OAKLAND, a municipal

Local 790

BY
t

Staff Director
Date

/2

- 27 -Ff

December 10. 1999

Nlr. Larry Hendel
Staff Director
SEIU, Local 790
100 Oak Street
Oakland. CA 94612
Dear Mr. Hendel:
This will serve to memorialize discussions which occurred at the negotiation subcommittee regarding safety issues.
Bloodborne Pathogen Issues
It was agreed that bloodborne pathogen training will be provided to classifications on
th~eattached list. It was additionally agreed that new employees who are in
classificationswhich require hepatitis 5 inoculations, should receive such shots as soon
a:; possible after employment. Hepatitis A and C will be discussed in bloodborne
pathogen training and additional information regarding these two forms of hepatitis will
be posted on City bulletin boards. It was disclosed that hepatitis A inoculations are not
required by CAL-OSHA and the City will not be mandating such shots.
Confined Space Training
lncumbents in the classifications of Jail Utility Worker. Stationary Engineer,
Construction and Maintenance Mechanic, Maintenance Mechanic. and Plumber will
received Permit Space Training for Non-Entry (confined space training.) Incumbents
in the classifications of Sewer Maintenance Leader and Sewer MaintenanceWorker will
continue to receive Confined Space Training.
Other Training
Incumbents in the classifications of Street Maintenance Worker, Street Maintenance
Leader, Sewer Maintenance Worker, and Sewer Maintenance Leader will receive
hazardous atmosphere or gas monitoring training.

Mr. Larry Hendel

December 10.1999

Equipment
It was agreed, as a principle, that employees and management want the appropriate
equipment so employees can perform their jobs safely. It was further agreed, in
principal, that employees should be held accountable for all equipment checked out to
them. The Union suggested that when items are checked out by employees there
should be a check-in form. If items checked out are missing, the employee or work
crew may be subject to disciplinary action. It was agreed that unsafe work behavior,
loss of equipment, misuse of equipment, and neglect of equipment, failure to adhere to
safety practices may cause disciplinary action.

Safety Meetings
It was agreed that regular tailgate safety meetings should be relevant to specific
departments, fresh topics can make such meetings enriching for employees, and that
employees should have an opportunity for input.
Emergency Plan
A City safety plan (there is one for each agency) was shared with the Union. They were
satisfied that there are such plans. If there are questions about any such emergency
plan, questions may be directed to the Office of Emergency Services where such plans
are kept. It was emphasized that in case of a City-wide emergency, City employees
should standby for direction and not freelance.

Safety Shoes
It was agreed that the City should contract with a single vendor for provision of safety
shoes usina a voucher svstem. The actual contributory amounts and classes affected
was deferred to the main negotiations table.

Very truly yours,

HARRIET LEONG-HM.
Principal Human Resource Analyst

Bloodborne Pathouen Trainina Job Classifications

Concrete Finisher
C:onstmction Inspector, Sr.
Parking Meter Repair Worker
S8treetMaintenance Leader
S8ignMaintenance Worker
Traffic Sign Maker
Truck Driver
C:ustodian, PPT
C:onstruction 8 Maint. Mechanic
Painter
Plumber
Stationary Engineer. PPT
Gardener II
Gireenskee~er
~:ecreation'~ro~ram
Director
Recreation Specialist II. PPT
kluseum ~ u i r dPPT
,
Specialty Combination lnspector
Asst. Criminalist
C:orrectional Officer
Police Property Specialist
Police Services Technician II

Construction lnspector
Heavy Equipment Operator
Public Works Maintenance Worker
Street Sweeper Operator
Sewer Maintenance Leader
Traffic Painter
Custodian
Carpenter
Maintenance Mechanic
Electrical Painter
Stationary Engineer
Gardener I
Gardener Crew Leader
Recreation Center Director
Recreation Leader II, PPT
Museum Guard
Code Enforcement lnspector
Animal Control Officer
Jail Utility Worker
Police Evidence Technician
Police Services Technician I
Asst. Code Enforcemgnt lnspector

LETTER OF UNDERSTANDING

The following understandings have been established by the parties regarding the City's
participation in welfare reform programs:
1.

The City will not use participants in any welfare-tework program to replace
current bargaining unit employees or budgeted bargaining unit positiong
represented by Local 790.

2.

The City will provide quarterly reports to Local 790 regarding the level of the
City's participation in welfare-to-work programs.

3.

Further impacts on Local 790 represented positions which may occur as a result
of the City's participationin welfare-to-work programs shall be subject to meet
and confer.

UNITED PUBLIC EMPLOYEES.

CITY OF OAKLAND, a municipal

Larw Hendel
staff Director
Date

jf,+$

LElTER OF UNDERSTANDING
The City agrees to provide an additional two hundred dollars ($200.00) a year to
ir~cumbentsin the classifications of Early Childhood Instructor, Head Start Center
Director, and Family Advocate to reimburse expenses related to meeting educational
requirements as mandated by the federal program gu~delines.

UNITED PUBLIC EMPLOYEES.

Local 790
BY
Larry Hendel
Staff Director

LElTER OF UNDERSTANDING

1.

The conversions and filling of vacancies agreed upon in these negotiations are
contained in the attached listing.

2.

The conversions and the filling of vacancies, agreed upon in these negotiations,
shall be effected by the use of restricted examination, limited to current, active
part-time employees who meet the minimum qualifications established for the
full-time civil service classification and who are in corresponding part-time
positions. For the purposes of this Agreement, Park Attendant, PT is the
corresponding part-time classification for Gardener I.The full-time and
permanent part-time positions created by virtue of agreed upon conversions shall
be filled by use of the restricted list. Any list established shall have precedence
over any existing open eligible list and shall expire when all these listed positions
have been filled or the list is exhausted.

3.

There shall be no testing or probationary period se~!d for any permanent parttime employee transitioning to a full-time equivalent classification by virtue of the
conversions agreed upon between the parties.

4.

For the classifications, positions and departments listed herein, the City agrees
not to fill full-time budgeted positions with part-time emplovees, however, bacMill
with part-time employees shall be allowed'whileexamination for composition of
an eligible list is pending or to fill temporary vacancies due to long-term
absences of incumbent employees. Furthermore, the City agrees not to reduce
the number of full-time positions unless there is an approved budget program
change or a layoff due to lack of funds or lack of work.

5.

The City shall provide the Union an annual report, starting February I , 2001, on
the status of these listed positions.

6.

The provisions of this Letter of Understanding shall go into effect on July 1,2000
and for the balance of the term of the current MOU in effect.
UNITED PUBLIC EMPLOYEES.
Local 790 . .

BY
Larrv Hendel

Date

Part-time Conversions and the Filllinq of Full-Time Budqeted Vacancies Aqreed to bv Citv

!Public Works Aqency

Convert 15 Part-Time Custodian Positions at Hall of Justice, Municipal Service Center,
Civic Center Plaza to 6 Full-Time and 2 PPT positions.
lFill one Vacant Full-Time Custodian Position in Municipal Buildings
1-ife Enrichment Aqency
Fill all authorized full-time and permanent part-time Custodian positions In Parks and
IRecreation
Fill 8 Gardener 1/11 positions and 5 Gardener Crew Leader positions in Parks and
Recreation
(Convert8 Part-Time Park Attendant positions to 8 PPT positions in Parks and
Recreation
(Combine8.62 budgeted Life Guard Part-Time FTEs with 1.8 Water Safely Instructor
Part-time FTEs and make all Water Safety InstructorILife Guards at Water Safety
Instructor pay in Parks and Recreation
(Convert7 Part-Time Librarian I positions to 7 PPT Librarian I positions
:28 Part-Time Library Aide Positions to 20 PPT positions
2 Part-time Library Assistant positions to 1 Full-time positionf
5 Part-Time Library Assistant positions to 5 PPT positions
Fill vacant full-time and permanent part-time Museum Guard positions
Fill any Full-Time Custodian positions in Museum vacated during the term of this MOU
,withfull-time employees
Finance Aaency
Convert 2 Part-Time Parking Control Technician positions to 2 Full-Time positions

LETTER OF UNDERSTANDING

Before implementing any new c a t e g o r i e s or c l a s s i f i c a t i o n s o f part-time

employees, t h e C i t y w i l l meet and confer with Union a s required by law.

CITY OF OAKLAND, a municipal

corporation

k AL

.A-9--f/

-UNITED PUBLIC EMPLOYEES, MCAC 7 9 0

Service Employees International Unior.
BY

t i o n s Consultant

AR

O
/

P P/

LARRY HENDEL
/
Field Representalive

Agree to maintain i n e f f e c t

l'//

BY

LARRY' BENDEL

Field Representative
Date

1~6 - q 7

Date

Agree t o maintain i n e f f e c t

Larry Hendel
Staff Director
Date:

/d/2/74

%?-

Agree to maintain

By

.TOW LI
Employe
Date

By

E T

LARRY HENDEL

elations Consultant

1-6-5~-

Date

Agree to maintain in effect

Larry Helidel
Staff Direct07

Lee Finney

Date:

Ct-

f 6 -

&:etaD

'

LETTER O F UNDERSTANDING

Any pregnant employee whose j o b d u t i e s r e q u i r e f r e q u e n t and extended

operation of v i d e o d i s p l a y t e r m i n a l s ( W T s ) may r e q u e s t a temporary
reassignment o f d u t i e s , i f the e m p l o y e e ' s t r e a t i n g p h y s i c i a n c e r t i f i e s i n
w r i t i n g t h a t d i s c o n t i n u a n c e o r r e d u c t i o n of t h e employee's o p e r a t i o n o f
such VDTs i s m e d i c a l l y i n d i c a t e d .
I n s u c h e v e n t , and based on t h e
concurrence of t h e City P h y s i c i a n , t h e C i t y w i l l make a r e a s o n a b l e e f f o r t
t o r e a l i g n t h e d u t i e s of t h e employee t o perform o t h e r a v a i l a b l e and
necessary d u t i e s i n t h e d e p a r t m e n t o r d i v i s i o n i n o r d e r t o a v o i d s u c h
operation of M T s t o t h e e x t e n t n e c e s s a r y f o r medical r e a s o n s .

CITY OF OAKLAND, a municipal

corporation

UNITED PUBLIC EMPLOYEES, LOCAL 7 9 0

S e r v i c e Employees I n t e r n a t i o n a l Union
BY

'

/ /
Field ~e~resen'ta6ive

LARRY HENDEL

Agree to maintain in effect

n

.LA

BY

LARRY HENDEL
Date

Field Representative
Date
f

7/[/9

Agree to maintain

BY
Larry Hendel
5 taff Director
Date:

/P//~/P~

LETTER OF UNDERSTANDING

City will provide a quarterly report of part-tlme hours worked by class and department.

Agree to Maintain

I>Y

ifi
-

BY
Lee Finney
Employee R e l a t i o n d o n s u l t a n t

1)ate:

l l - 1 0 4q7
I

a munlclpal

Lafiy Hindel
Staff Direc/tor ,
Date:

/*/A/Y?

UNITED FJBLIC EMPLOYEES,

Local 790 .
LARilY XSNDEL

Date

Dace
/

LETTER OF UNDERSTANDING

Full-time Parking Control Technicians shall normally work a Monday through

Friday work schedule, however, the two (2) least senior Technicians may be required to
work an alternate schedule which includes Saturdays.

CITY OF OAKLAND, a mwcipal

UNITED PUBLIC EMPLOYEES,

Local 790

Date

/$ -

-fy

LETTER OF UNDERSTANDING
A permanent part-time School Crossing Guard shall be paid a minimum of one (1)
hour show up pay for each,shifl helshe reports for summer school assignments.

UNITED PUBLIC EMPLOYEES.

Local 790
,

Larry Hendel
Staff Director ,

INDEX

PAGE
Acting Pay .................................... ........................................................................................... 9
Adjustments for Overpayments ................................................................................................ 6
Allowances ............................................................................................................................
25
Americans with Disabilities Act .............................................................................................. 39
Appendix A - Hearing Officer Procedure ............................................................................... 45
Appendix B- Special Adjustments......................................................................................... 4 8
Appendix C - Special Ad.iustments ......................................................................................... 49
Appendix D- List of Affected Represented Classifications ................................................. 50
Appendix E - Residency Zone Map .......................................................................................51
Automatic One-Half Continuance ........................................................................................... 13
Automobile Allowanc
27
Bilingual Pay ...................................................................................................................... 11
Blood Bank .............................................................................................................................. 14
Bulletin Board Spac
Certification of Eligibles to Fill Vacancies.............................................................................. 35
23
Christmas or New Year's Ev
City-Union Relationship ........................................................................................................... I
Compensatory Leave ...............................................................................................................
8
Conferences and Seminars ....................................................................................................... 3 7
Contiacting Out .....................................................................................................................
38
Correctional W t c e r Safety Retirement ....................
.
.......................................................... 14
Deferred Compensation Plan ................................................................................................... 15
Dental Insurance ......................................................................................................................
14
Dependent Care Assistance Program...................................................................................... 16
Discipline.................................................................................................................................
40
Discrimination Prohibited ..........
.
......................................................................................... 1
......................................................................................
Dimibution of information .......... .
.
4
River's License Hazardous Materials Certification ............................................................... 29
Drug Free Workplace .............................................................................................................. 40
Dues Deduction ........................................................................................................................ 2
Duration ...................................................................................................................................
44
Eligibility Lists ........................................................................................................................
Employee Service Ratings and Reports ...................................................................................
Entitlement (Sick Leav
Entitlement (Vacation)
Entry Level Examinations .......................................................................................................
Enny Probationary Period .......................................................................................................
Extended lllnes

37
34
19
17
35
34
21

Family Death Leave .................................................................................................................

Family Illness.........................................................................................................................

20
19

Graveyard Shi
8
Grievance Procedure....................
.
....................................................................................... 41
Definition ................................................................................................................
41
Procedure ................................................................................................................. 41
lnformal Discussion ...................................................................................41
Formal Submission......................................................................................
41
Appeal to Department Head ........................................................................
41
Employee Relations Officer - Union Staff Representative.........................41
41
Civil Service Board - Arbitration ...............................................................
Time Limits ...............................................................................................................
42
Witnesses .................................................................................................................. 42
Class Action Grievance.............................................................................................4'2
Immediate Arbitration...............................................................................................42
Consolidation.............................................................................................................43
Health and Safety..................................................................................................................... 32
Health Insurance (See Medical Insurance)
Holiday Pay ............................................................................................................................. 24
Holidays................................................................................................................................... 23
Holidays Listed ........................................................................................................................ 23
Holidays on Regular Day Off ..................................................................................................24
Hours of Work ......................................................................................................................... 31
Initial Salary ............................................................................................................................. 6
Insurance Pro-.
Modifications............................................................................................15
Insurance Rograms ................................................................................................................. I4
Inter-Off~ceMail Service.......................................................................................................... 2
Interruption of Leave ...............................................................................................................19
Job Vacancies ..........................................................................................................................36
Joint Labor/Management Training .......................................................................................... 3
Jury Leave................................................................................................................................22
Labor-Management Remea
8
Layoffs (See Reduction In
Leave of Absence Without Pa
Letters of Understanding (At ?he End of Contract)
Life Insurance ..........................................................................................................................
I5
Limited D
0
Lunch Per
1
Maternity Leave (See Parental Leave)
Meal Allowance ....................................................................................................................... 25
Medical Insurance ................................................................................................................... 14
M
, eeting Space ..........................................................................................................................
2
Military Leave .........................................................................................................................
22
................................................... I3
Military Service Credited as Public Service ....................
.
Minimum Overtime Guarantee ............................................................................................. 7
Minimum Usage (Vacatio
8
Minimum Usaxe (Sick Le
0

National Day of Mourning or Celebration............................................................................. 24

New Employee ........................................................................................................................
21
No e ~ a m i d i n ..........................................................................................................................
g
9
Notary Public Pay ....................................................................................................................12
Number of Stewards ................................................................................................................. 2
On-the-Job Injury Fact Sheet .................................................................................................... 4
On-the-job Injury Leave........................................................................................................ 21
One Year Final Compensation...............................................................................................
13
Overtim
7
Parental Leave ......................................................................................................................... 22
Paychecks During Vacation .................................................................................................... 19
Performance Evaluation......................................................................................................... 20
Permanent Part-Time Employee Benetitr ................................................................................ 29
Personal Business Leave..........................................................................................................18
Post-Retirement Survivor Allowance To Continue After Remarriage .................................... 13
Preamble ................................................................................................................................... I
Premium Pay ............................................................................................................................
7
Premium Pay During Paid Leave.............................................................................................. 9
Probationary Period .................................................................................................................34
Professional Development Reimbwement .............................................................................30
Promotional Examinations....................................................................................................... 35
Announcements of Promotional Examinations ......................................................... 35
Certification of Eligibles to Fill Vacancies .............................................................
36
Conduct ................................................................................................................. 35
Eligible Lists............................................................................................................. 37
Residency ..................................................................................................................36
Seniorie .................................................................................................................... 36
Promotional Probationary Period............................................................................................. 34
Public Relations ....................................................................................................................... 31
Recognition............................................................................................................................... I
Reduction in Force................................................................................................................... 33
Residency................................................................................................................................. 35
Residency Zone ....................................................................................................................... 39
Resolution................................................................................................................................ 44
Rest Period ............................................................................................................................... 31
Retirement ...............................................................................................................................
13
Right To Take Accrued (Vacation) Leave............................................................................... 18
Rotating Shift ............................................................................................................................ 8

Salary Deductions ..................................................................................................................... 6

Salary Increase (Minimum) When Promoted ........................ .
.
............................................. 6
Salary Steps ...........................................................................................................................
6
S a f q Shoe Allowance ............................................................................................................ 28
Savings Clause .........................................................................................................................
44
Scope of Stewards...................................................................................................................
3
Seniority (See Overtime, Reduction in Force)
Sexual
Shift D
Shifts and Schedule
Sick Leave ............................................................................................................................... 19
Sick Leave Buy Back............................................................................................................... 20
Special Adjustments.
6
Speeial Premium Pay
10
Standby Pay ..............
9
State Disability Insurance ........................................................................................................ 15
4
State of California Workers' Compensation Information
Status Report of Accmed Leave .............................................................................................. 17
Steward T i e Off .....................................................................................................................
3
Substance
8
Swing Shi
Tool Allowance .......................................................................................................................
Tuition Reimbursement ...........................................................................................................
2% at 55

28
38
13

Uniform Allowances .............................................................................................................

Union Access to Work Locations.............................................................................................
Union Security ..........................................................................................................................
Union Stewards.........................................................................................................................
Union Information ....................................................................................................................
Unused Sick Leav

26

Vacation Leav

2
3

2
4
0
7

8
8

9
Wages .......................................................................................................................................
Work Effort..............................................................................................................................
Workers' Compensatio

6
37
1

CITY OF OAKLAND, a municipal

SERVICE EMPLOYEES INTERNATIONAL

u
Date 2-25-00