AFSCME Local 101/CEO Tentative Agreement 07-01-2013 Thru 06-30-2014

8/11/2019 AFSCME Local 101/CEO Tentative Agreement 07-01-2013 Thru 06-30-2014

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CITY OFS A N J O S E - C E O ,A F S C M E L O C A L 101

TENTATIVE AGREEMENT*

TERM

July 1,2 0 1 3 - J u n e 30, 2014

WAGES

2% General Wag e Increase.

Effective June 23, 2013,allsalary rangesforemployees holding positions inclassifications assign edto

CEO shallbeincreasedby approximately 2.0%.

HIGHERCLASSPAY

Se e Attached

EDUCATIONAL AND PROFESSIONALINCENTIVES

See Attached

SICKLEAVEPAYOUT

See Attached

DISABILITYLEAVESUPPLEMENT

See Attached

CALLBACKAND STANDBY PAY

See Attached

GRIEVANCE

Se e Attached

CONTRACTING OUT

See Attached

OVERTIMEAND COMPENSATORYTIME

See Attached

Cityof San Jose

July3, 2013

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CITY O F S A N J O S E - C E O ,A F S C M E LOCAL 101


TENTATIVEAGREEMENTS

o Holidays- See Attached

o Voluntary Dues Deductions- See Attached

o Grievance Procedure-See Attached

o Health and Dental In Lieu-See Attached

o

Citywide Labor Manag ement Committee-See Attachedo Leaves of Absen ce-See Attached

o Safety- See Attached

o Layoff- Se e Attached

SIDELETTERAGREEMENTS

o Public Transit - S e e Attached

o Retiree Healthcare Stakeho lder Solutions Working Group and Negotiations- See Attached

REOPENERS

. Retiree Healthcare- The contract language contained in the agreement reached on June 11, 2013,

shall be incorporated into the CE O Memo randu m of Agreement.

Notwithstanding any other provis ion ofthis Agreement, the parties agree tomeet and confe r over

retirement benefits upon request ofeither party inthe event that the pension modification ballot

measure, also known as Measure B,inpart or in whole, is declared invalid or otherwise modified or

changed byany court ofcompeten t jurisdiction orany other administrati ve process , or byany

applicable State or Federal law or regulation.

Negotiations between the City and C E O shall comm encewithin 14 days upon notice from either party

thatany action referenced in the previous paragraph has occu rred . Th e City and CE O shall negotiate

in good faith in aneffort to reach a mutual agreement. App licable impasse dispute resolution

procedures shall apply.

* This agreement is considered tentative and shall not be considered finalor binding untilratified

by union members and approved by the City Council. This document sets forth the full

agreements of the parties reached during these negotiations. Anything not included in this

document is notpartof the Tentative Agreement.

FOR THECITY: FOR THEUNIONS:

J" J' IJ> {LaVeme Washington'"

President-

CEO, A F SMCE Local 101

J, V

DateAlex Gurza

Deputy City Manager

Date

CharlesAllen

Business Agent

A FSCME , Local 101

Date

Cityof San JoseJuly 3, 2013

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CITYOFS A N J O S E - C E O ,A F S C M E LOCAL 101


lercado

^nior Executive Analyst

Date

Elsa

Executive Analyst

C

Am Andrews

Team Member

CityofSan Jose

Matt Cano"Team Member

:S an Jose

\

DawfHober

Team Member

City otSan Jose

arrieRa

Team Member

City ofSan Jose

Date

Date

7/3/13 Date

>-|SiSDate

11ll>1 Date

' / / / /

Mary Co|nwellVice President

CEO, A F SCME Local 101

Date

ViroffTTa/Hixson

Team-wlember

CEO, A F SCME Local 101

Date

Cityof San JoseJuly3, 2013

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2013 CITY OF SANJOSE- C E O NEGOTIATIONS

CITYPROPOSAL #4 - HIGHERCLASSPAY

City Proposed Language:

7.3 Working in aHigher Classification

7.3.1 Upon specific assignment bythe Department Director, orhis/her designatedrepresentative, withprior writtenapproval,afull-timeorpart-timeemployee maybe requiredtoperform the dutiesof afull-timeorbenefited part-timeposition inahigher classification. Such assignments maybemade toexisting authorized

positions that arenotactively occupied duetothetemporary absenceof theregularly appointed employee orvacant positions. Assignments to ahigherclassification dueto a vacancy shall notexceed six (6)months. Onceanemployee reaches the six (6) month maximum in a specific higher classassignment dueto avacancy,theemployee shallnot beeligible toserve in thesame higher class assignment for atleast six(6)months andshall returntohis/her regular assignment.

7.3.1.1 By mutual written agreement between theCity andtheEmployooOrganizationUnion, anemployee assigned to work in a higherclassification may be extended inhis/her specific assignment pasttheaforementioned six(6)month limitation.

7.3.2 Employees specifically assigned toduties of ahigher classification shallbecompensatedatthe rate in thesalary rangeofthe higher classwhich is atleastfive percent (5%) ono(1)salary rate (step) higher in thesalary range schedulethan therate received by the. employee in theemployee's present class i

. Notwithstanding anyother provision of this section, in no event shallanemployee receive anvamount inexcessofthe topofthe salary range of the

higher classification. Theemployee shall not receive anycompensation,however, unlesstheassignment is for aminimum oftwenty-four (24) cumulativeworkhourswithinone (1)pay period andaminimum offour (4)consecutiveworkhours within one(1)day. In theevent theassignment is for aminimumoftwenty-four (24) cumulative workhourswithinone(1)pay period andaminimumof four (4)consecutive work hours withinone(1)day, theemployee shall becompensated at the appropriate rateforall the eligible hours worked in the higherclasswithinthe pay period.

7.3.3 Employees assignedtothe dutiesofa higher classification dueto avacancy, andnot duetothe temporary absenceofan employee, shallbecompensatedat therate in thesalary rangeofthehigher class, pursuant tosection 7.3.2. above, for

City observed holidays.

7.3.4 Upon reouest bv the Union,theCitywillprovideareport, nomore than quarterly,. ofthe employees working in ahigher classpay assignment.

CityofSa n Jose

June 19, 2013

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UNION P R O P O S A L#9 - EDUCATIONAL AND PR OFE SS ION AL INCENTIVES

City Counterproposal:

ARTICLE 7 WAG ES AND SPE CIAL PAY

7.14Educational and Professional Incentives

7.14.1The Citywillreimburse each employee 100%ofexpenses incurred, upto$1,000per fiscal year,for registration, tuition, fees, and textbooks forcollege accreditedcourses which areeither related to orbeneficial for theemployee's currentpositionorrelatedto orbeneficialfora lateral transfer, promotion orother careeropportunity withintheCity serviceas approved by theDepartment Directorordesignee. Of the$1,000 amount, upto$4QQrQQ-500.00 may beusedfornon-college accredited courses, Continuing Education Units, Adult EducationClasses,workshops, membership dues in professional associations, professionallicenses, and professional certificates which are either relatedtoorbeneficialfor

the employee's current position orrelatedto orbeneficial for alateral transfer,promotion orother career opportunity withinthe City service, as approved by theDepartment Director or designee. City Policy Manual Section - EducationReimbursement outlines additional details of the program.

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2013 CITY OF SA N J O S E - C EO NEGOTIATION S

CITY PR OP OS AL #18 - SICK LEAVE PAYOUT


18.2 Any employee hired on or after September 30. 2012. shall not be eligible for sick leave

payout.

18.3 Upon a release of claims provided by the City and signed by the retiree, retroactivepayments shall be made to eligible employees in the Federated City RetirementSystem,who retired on or after January 1 2012. and before the datethat this proposalisratifiedand approved bv the CityCouncil,who were eligible for a sick leave payout atthe timeof their retirement under the requirements contained herein and did not receivethe payout because the payouts were eliminated prior to their retirement. Retireeswillbe eligible for a payout of the amount of unused sick leave hours accrued as ofDecember 31, 2011. or the date of their retirement, whichever is less. Pavoutswillbebased on the provisions contained in Sections 18.5 and 18.6 below. Thiswill resolveany claims related to sick leave payout upon retirement, including but not limited iow

18.3.1 Unfair Practice Charge No. SF-CE-945-M: The parties agree that theforegoing resolves the issues underlying unfair practice charge no. SF-

CE-945-M filed bvAFSCMEwiththe Public Employment Relations Boardon or about March 15, 2012: therefore. AFSCME agrees to withdraw thecharge no later than sixty (60) calendar days after the execution of thisagreement.

18.3.2 Case No. 1-12-CV-237150: The parties also agree that the foregoingresolves the issues underlying Case No. 1-12-CV-237150 filed byAFSCME with the Santa Clara County Superior Court of the State ofCalifornia: therefore. AFSCME agrees tofilea dismissalwith prejudice todismiss the City as a defendant fromCase No. 1-12-CV-237150 no later

than sixty (60) calendar days after the execution of this agreement.

18.4 For employees hired on or before September 29. 2012. a sick leave pavout shall bemade to full-time and part-time benefitted employees who are members of theFederated Citv Retirement System at the time of retirement or death under one of thefollowing scenarios:

18.4.1 Federated Retirement Plan. The employee is: a) a member of theFederated Retirement Plan, and: b) retired under the provisions cited inthe plan, and: c) credited with at least 15 years of service in thisretirement plan, or: d) creditedwith at least 10 years of service prior to adisability retirement.

18.4.2 Terminated EmployeewithVesting Rights. The employee has terminatedservice with the Citv in good standing, retained vesting rights in aretirement system according to provisions in the San Jose Municipal

Code, and following such termination. Qualifies for retirement and retiresunder the provisions cited in the code and has at the time of retirementcredit for at least fifteen (15) years of service in the applicable retirement

plan.

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July 3, 2013

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18.4.3 Death Purina Service. The estate of any full-time employee who dieswhile in City service and prior to retirement, even though the employee isnot credited withat least 15 years of service in any applicable retirementplan:

18.4.4 Death of Terminated Employee. The estate of any full-time or eligiblepart-time employee who had terminated service with the City in goodstanding but had retained vesting rights in a retirement system accordingto provisions in the SanJose Municipal Code, and dies (on or after July10. 1977) prior to becoming eligible for retirement allowances as citedunder provisions of the SanJose Municipal Code,and has at the timeofdeath credit for at least fifteen (15) years of service in the applicableretirement plan.

18.5 Effective June 22/ 2013, for purposes of calculating a sick leave payout, employees'sick leave balances and hourly rates shall be frozen. This meansthatan employeewillreceive no more for a sick leave payout, after having met the reguirements set forth

above, than he or she would have been entitled to on June 22, 2013. Any sick leaveusage after June 22. 2013. will come first from the sick leave balance accrued afterJune22, 2013. An employeewill continue to accrue sick leave after June 22. 2013, butit may not be used for sick leave payout purposes.

For example, if an employee's hourly rate is $20 and his or her sick leave balance is250 hours on June 22. 2013. then if he or she meets the eligibility reguirementscontained herein, the payout of a sick leave balance at the time of retirement will bebased on the formula below, and shall be based on no more than 250 hours and anhourly rate of no more than $20. Thiswill occur even if the employee has subsequentlyearned more than 250 hours in sick leave or received a pay increase to an hourly ratehigher than $20. In this example, if the employee does not have available sick leave to

use thatwas accrued after June 22, 2013, and uses sick leave and reduces their sickleave balance on June 22, 2013. to 50 hours, theywill only be entitled to a sick leavepayout of 50 hours, regardless of any sick leave accrued after June 22, 2013. Thismeansthat if sick leave pavout hours are reduced bv usage, thev are not able to be reestablished in the sick leave balance subject to payout.

18.6 Pavout shall be determined as follows.

18.6.1 Pavout shall be determined as follows: If a full-time or eligible part-timeemployee at the time of retirement or death has earned unused sick leavehours, the employee or Estate shall be paid the eguivalent of a specified

percent of their hourly rate of pay as of June 22. 2013. multiplied bv thetotalnumber of accumulated and unused hours of sick leave as of June 22, 2013(minus any sick leave hours as of June 22, 2013. which were used), as

follows:

18.6.2 Less than 400 hours - Hoursaccumulated x 50% of final hourly rate;

or 400 - 799 hours - Hours accumulated x 60% of final hourly rate;

or 800- 1200 hours - Hoursaccumulated x 75% of final hourly rate.

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July 3, 2013

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18.7 Use of previously accumulated sick leave hours. For purposes of determining the totalnumber of accumulated and unused hours of sick leave of a full-time employee at thetimeof retirement or death, unused sick leavefromprior periods of employment beforeJune 22, 2013, with the City shall be used. However, previously accumulated sickleave shall be credited to the employee for use during an employee's currentemployment period.

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July 3, 2013

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CITYPROPOSAL#12- DISABILITY LEAVE


19.1 Disability Leav e Sup pl ement

Disability leave Supplement (DLS) is the benefit provided pursuant to this Article, which,

when add ed to Work er's Comp ensat ion Temporary Disability (WCTD) results in

providing employ ees 85% of their regular base salary. Effecti ve July 7. 2013. employees

shall no longer be eligible to receive DLS.

19.10 Integration. A f t r th ^ mgv imnm timp limit spec i f ied in Article 19.6, and effective July 7,

2013, the integration of an employee's available leave willoccur in the following order:

(1) accrued Vacatio n hou rs, (2) earn ed Compen sator y Tim e on ce Vacation has been

exhaust ed, and (3) acc ru ed Sick Leave once Vacatio n and Compen sato ry Time have

both been exhausted.

In no event shall an employ ee receive an amount, including Workers'

Compensation Temporary Disability payments, in excess of an employee's regular

base salary.

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July 3, 2013

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UNION PROPOSAL#10 - CALL BACKA NDSTANDBY PAY


ARTICLE7

WAGE S AND SPECI AL PAY

7.10 Standb y Pay

Employees who are required to perform standby duty shall becredited with onehour

compensat ionat theappropriate rate(1.5) foreach eight (8) hour shiftorportion thereof

the employee performs standby duty. In theevent theemployee is called backtowork,

the employee shallbeentitled to thecompensation providedby Section7.11, inlieuof

the one hourofstandby compensation forthateight (8)hour shift.

7.10.1 Standby pay is not deemed as actual hours worked for the purpose of

calculating eligibility forovertime.

7.11 Call Back

An employeewho is called back and reports to work in responseto anemergencyor

other unforeseen circumstance shall becredited for the time worked, or forthree (3)

hours, whichever is greater, at theappropriate rate (1.5). This sectio n shall applyon

either awork day after theemployee hasleftwork or on a day off. It shallnot applyto

scheduledovertime orduringaregular shift. No omployoo shallboontitlodtomore than

eno (1), throo (3) hour minimum call back poreight (8) hour shift. Compo nsati on for

P , i^ n , , o n t n n | | "ho i i ho fnr nntunl t imnworked. Emplo yees who arecalled backmultiple times during a standby shift shallnot receive additional pay until theemploy ee

has worked a total ofthree hours, after which time theemployee would beeligiblefor

additional pav.but only for actual hours wor ked.

7.11.1 To theextent possible, when anemployee has worked in excessofsixteen

(16) hours, upon reguest bv the employee, the Department Director or

designee may approvetimeoffusinganempl oy ee's available leave, excluding

sick leave,toprovidetheemployeewitha rest period priorto their next shift.

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UNION/PROPOSAL#4 - GRIEVANCEPROCEDURE


ARTICLE 12 GRIEVANCE PROCEDURE

12.3 STEP I

12 3 1 An em ployee may presen t the gr ievance orally either directly or through the

Employee Organization representative to the immediate supervisor . The

grievance must be presented w th i n 't of t- ^ tw en tv one (21) wefkmg-calendar

days following the event or' events on which the gr ievance is based. The

immediate s upervis or shall make whatever investigation is necess ary to obtain

the facts pertaining to the grievance. Within ten-(4Q)twentv one (21) w&Mm

calendar days after receiving the oral grievanc e, the imm ediate supervisor shall

give the employee an oral reply.

12.3.2 If the employee is not satisfied with the reply of his/her immediate supervisor,

he/shemay appeal the gr ievanc e to Step II.

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June 13, 2013


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UNION PROPOSAL#12-CONTRACTINGOUT ANDVOLUNTEERS


ARTICLE 1, RECOGNITION

1 1 Pursu ant to Resoluti on No. 39367 of the City Council of the City of San Jose and the

provisions of applicable state law, the Confidential Employees' Organization, Local 101,

A FSCME, AFL-CIO, hereinafter referred to as the Emp loyee Organization is recogni zed

as the exclusive representative for the purpose of meeting and conferring on matters

within the scope of representation for empl oy ees ass ign ed to. the classifications listed in

Exhibit I attached and incorporated by reference into this Agreement. Th e classif ications

listed in Exhibit I and sub sequen t additions thereto or deletions therefrom shall constitute

an appropriate unit.

4_2 Th o City agr ees to moot and conferwith tho Employee Organization prior to contracting

out work currently performed by-bargaining unit momboro whenever suchcontracting out

would result in material reduction of work done by bargaining unit mombors or would

have significant adverse impact on bargaining unit work. It is agreed that position

reductions which result in layoff of employees in tho bargaining unit constitute

significant impact on bargaining unit workr

ARTICLE 38 CONTRACTINGOUT

38 1 Th e Citv agr ees to meet and conferwith the Employee Organization prior to contracting

out work currently performed bv bargaining unit members whenever suchcontracting out

would result in material reduction of work done bv bargaining unit members or would

have significant adverse impact on bargaining unit work. It is agreed that position

reductions which result in lay-off of employees in the bargaining unit constitute

significant impact on bargaining unit work.

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UNION PROPOSAL#13 -OVERTIME ANDCOMPENSATORYTIME


ARTICLE6 HOURS OFWORK AND OVERTIME

6 6 1- To the extent possible and with the exception of anv shift ch anges , when a

non-benefited part-time employee has worked six (6) consecutive days, the

employee, in so much as possible, shall be provided with one (1) scheduled

day off. Nothing herein contained, however, shall limit the right of the

Department Director or desig nee to determine the days of the week and hours

nf each day when anv such part-time non-benefited employee shall be

required to work, or whether such part-time non-benefited employee shall

work at all.

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June13,2013


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OlfY P R O P O S A L # 1 5 - HOLIDAYS 1 5 : : : : ; L ^


ARTICLE 16 HOLIDAYS

16 1 Exc ept as hereinafter otherwise provid ed, eac h full-time employee who ison paid sta

' . before and after the holidays specifi ed belowshall be entitled topaid holiday leaveeach ofthe following holidays as ob serv ed, andon no other day, during the term of I

Agreement:

16.1.1 New Years Day

MartinLuther King Day

President's Day

Cesar Chavez Day

Memorial Day

Independence DayLabor Day

Columbus Day

Veterans Day

Thanksgiving Day

Day afterThanksgiving

Christmas Eve

Christmas DayNew Year's Eve Day

it- '' 3

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TENTATIVE AGREEMENT

[UNION PROPOSAL#1- DUES AND AGENCY FEE DEDUCTIONS

CityCounterproposal:

8.1 The Citywill deduct from the pay of each employee covered by this Agreement, while

such employee is assigned to a classification included in a representation unit

represented by the Employee Organization, dues uniformly required as a condition of

membership, pursuant to the Employee Organization's constitution and by-laws provided

that the employee has signed an appropriate Authorized Dues Deduction card. Such

authorization shall be on a form approved by the Municipal Employee Relations Officer.

8.1.1 The City agrees to deduct from the pav of each employee covered by this

Agreement , while such employee is assigned to a classification included in a

representation unit represented by the Union, voluntary deductions in addition to

those described in Section 8.1, providedthat the employee has submittedwritten

authorization for such additional voluntary deductions on an appropriate

Authorized Dues Deduction card to the Municipal Emp loyee Relations Officer or

designee. Such additional voluntary deductions shall continue unless the

employee provideswritten notice to the Municipal Employee Relations Officer or

designee to cease the additional voluntary deductions.

*This agreementisconsideredtentative andshallnotbeconsideredfinalorbindinguntilaagreementonalltermshas beenreachedandbothratifiedbyunionmembersandapprovtheCityCouncil,

FORTHECITY: FORTHEUNIONS:

Alex Gu rza Date

Deputy City Manager

Date

President

CEO,AFSMCE Local 101

BusinessAgent

AFS CME, Local 101

CityofSan Jose

May 15,2013Page1of 1


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2013 CITY OF SAN J O S E - CEO NEGOTIATIONS

TENTATIVE AGREEMENT

jUNION PROPOSAL#4 - GRIEVANCE PROCEDURE


12.1 Any dispute between the City and an employee, or,where provided, the appropriate

representative of the Employoo Organization- Union, regarding the interpretation or

application of thewrittenMemorandum of Agreement, or the interpretationor application

of the Employer-Employee Resolution No. 39367, as amended, shall be considered agrievance. A grievance may be initiated only by the employee directly affected except

as otherwise prov ided herein. Where the dispute directly affects a significantly large

group of employees in the representation unit, the appropriateEmployee

OrganizationUnion mayfilea grievance on behalf ofsuch employee(s).

12.6.3The parties may mutually agree upon the selection of the arbitratoror shalljointlyrequest the Stateof California Mediation and Concil iation Service to provide a list

of seven(7)persons qualified to act as arbitrators. Any costs associatedwiththemutually agreed upon joint request for a list of persons qualified to act as

arbitrators from the State of California Mediation and Conciliation Service shall

be divided equally between the parties. The City will process the joint request

afterreceiving the Union's share of the cost for obtaining the list.

*This agreementisconsideredtentativeandshallnot beconsidered finalorbindinguntilafinaagreementonalltermshasbeenreachedandbothratifiedbyunionmembersandapprovedbytheCityCouncil.

FOR THE CITY: FOR THE UNIONS:

Alex Gur za

Deputy City Manager'

5"-/ fDate Laverne/Washing ton /LaVerne/Washingtc

President

CEO, AFSMCE Local 101

Date

^7is- / 'V?Charles Allen

BusinessAgentA FS CM E, Local 101

Date

Cityof San Jose

May 15, 2013

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2013 CITY OF SAN J O S E- CEO NEGOTIATIONS

TENTATIVE AGREEMENT

CityProposed Language:

ARTICLE 7 WAGES ANDSPECIAL PAY

7.9.3 The payment-in-lieu ofhealthand/or dental insurance program is available to

full-time employees who are not on a reduced workweek of lessthan thirty-

five (35) regular work hours per week or unpaid leave and have alternate

group health and/or dental coverage. To qualify, an employee must provide

proof ofalternate group coverage to Human Resources. Alternate coverage

must be acceptable by the City.

7.9.5 Payments for the in-lieu insurance program will be discontinued if an

employee becomes ineligible for the program. An employee's-ineligible

status would include but not belimited to the following situations: employment

status changes from full to part time, employee is on an unpaid leave ofabsence, employee is on a reduced workweek of less than thirty-five (35)

regular work hours perweek, or employee loses or does not have alternate

insurance coverage. An employee whose in-lieu payments are discontinued

may enroll, if eligible, in a health and/or dental plan during the next annual

open enrollment period.

*This agreementisconsideredtentativeandshallnot be consideredfinalorbindinguntilafinalagreementonalltermshasbeenreachedandbothratifiedbyunionmembersandapprovedbytheCityCouncil.


Alex Gurza

Deputy City Manager

Date

/7*

'


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TENTATIVE AGREEMENT

lUNIONPROPOSAL #11 - CITY-WIDELABOR MANAGEWlENTCOMMITTEE


12.11 Citv-Wide Labor Management Committee

12 11.1 Purpose. To provide regular communication between the Union and the City, to solve

workplace issues, to. provide training for and support to the departmental labormanagement committees, and to facilitatepositive Union-management relations.

12 11 2 Structure. Management shal l include- up to two representatives from Employee

Relations and one representative from Human Resources. Labor shall include two

Officers and one Business Aaent. Additional representatives may be requested to

. participate on specific issues. Issues for discussion and the meeting schedulewill be

mutually agreed upon. Decision-makingwillbe bv consensus.

12.11.3 Authority. The Citv-Wide Committee will coordinate and provide training and support

to department labor management committees as reguested, and shall address city-

wide issues. The Citv-Wide Labor Management Committee is authorized to enter into

tentative agreements pending usual authority and/or ratification processes. This

process is not designed or intended to address individual grievances, review

personnel Issues, appeal disciplines, replace the steward system, or appeal decisions

of department Labor Management Committees.

12 11.4 Release Time. The Citywill provide up to two (2) hours of paid releasetimefor up totwo (2) Union representatives for the purpose of preparing for and attending the City-Wide Labor Management Committee meeting, when such meetings are scheduled,

*Thls agreementisconsideredtentativeandshallnot beconsidered finalorbindinguntilafinal

agreementon alltermshasbeenreachedandbothratifiedbyunionmembersandapprovedbytheCityCouncil.


Alex GurzaDeputy City Manager

Date taverrjeWashington / -

President


9^ Date

Charles AHeTr--Business AgentAFSCME, Local 101

City of San JoseMay15,2013


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2013 CITY OF SAN J O S E- CE O NEGOTIATIONS

TENTATIVE AGREEMENT

[ M i i M i f f i f f l i K i i K i i i f f l i i i i i PE


13.6 Any employee who is absentwithoutnotification to his/herDepartment Director, or other

designatedauthority,for two (2) consecutiveworkshifts, shall be considered a voluntary

resignation, unless the failure to report is due toextenuatingcircumstances beyond the

control of the employee. An employee will be considered to be absent without

notification pursuant to this Section, if notification is not provided bv the beginning of the

commencement of the second consecutive shift.

*This agreement is consideredtentative and shall not be consideredfinal or bindinguntil afiagreement on all terms has beenreached and bothratified by unionmembers and approvedthe CityCouncil.

FOR THE CITY: FOR THE UNIONS;;

/ f a

Alex GurzaDeputy City Manager

Date LaVef n e^vVas h i ngTonl^

President


BusinessAgent

AFSCM E, Local 101

City of San Jose

May 23, 2013

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2013 CITYOF SAN JO SE- CE O NEGOTIATIONS

TENTATIVE AGREEMENT


111 The Cltv shall provide a safe and healthy working environment in accordancewith1 1 1

I lieblttlTd Federal laws and regulations, The O ^ 0 ^thatwhere safety devices or protective equipment is requ.red or furnished, its use shall

be mandatory.

11 2 An employee who believes their workassignment is unsafe o i b M e v ^

1 1 2 exists and for that reason refuses to perform such a s s l g n m e n U f ^ S g J ^U l l ^ o i M t i o D s i p ^ ^

emoloveemav at a r M a i j I g ^

11 ^ If the emolovee J* t ^ t i s f i ed with the r e s p o n s ^ L i h e j m m e d i a ^ ^

S e ^ r ^

thr .n- lanmcnt c h n l l n * ^ J * ^ l w * i - t a - ^ ^ a r 0 a v a l l a " ^

114 No Divi sio ns nf thk Article shall be s u f l ec t j g j h n grievance procedures of this

determination.

City of SanJose

May 23, 2013

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TENTATIVE AGREEMENT '

as 'such;

*Thisagreementisconsideredtentativeand shallnot beconsideredfinalorEnding uM^rri

agreement on alltermshasbeenreached andboth ratifiedbyunionmembers and approvedby

theCityCouncil.

FOR THE.CITY:

Alex Gur za

Deputy City Manager

Date

FORTHE'UNIQNS:

jsmngt on

P r e s i d e d

CEO, AFSWlCETJSCaM'01-

Charles Allen

BusinessAgentA FSCME, Local101

\3

Date

CityofSanJose

May23,2013

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2013 CITYOF S AN JO SE- CEONEGOTIATIONS

TENTATIVE AGREEMENT

UNION PROPOSAL #3 - LAYOFF


14.1 OrderofLayoff

When one (1) or more employees in the same class inaCity department aretobe laid

off for lack of work, purposes ofeconomy, curtailment ofpositions or other reason, the

orderoflayoff shallbe as follows:

14.1.1 Provisional employ eesinthe order to be determ ined by the appo inting authority.

14.1.2 Probationary e mplo yees in the order to be determined by the appointing

authority.

14.1.3 Permanent employees ininverse order ofseniority within the classificati on being

reduced, or inahigher class.

n j ? 1 ThH *y ^ t i f y the Union within threej3) working dayswbMLanm

^ ^ ^ ^

undated The detflrminatlon of seniority. hasRd onSection s 14. W

and 14.1.3.3, if applicable. s M f h e made prior tn thepublication of a

seniority list.

14 13.2 If two ormore permanent e mploy ees have thesame class seniority,,

then ranking isbas ed on.citywlde seniority.

1 , 1 o c, | f t . . rfo)n

r

n.nrp permanent employees have the same class and the

H h i M o i i cHha t wxz^fid for the original hiring in the class ification or the

^ I U P R v a ^ a t i o n scores used for the orig inal , hiring in the

^ j ^ a t i o ^ ^

^m in a t i on scores used inthe original hiring, ranking o nj h ej em on t y

list shall be determined as follows:

^ t*\ The sum totl nfthe last four (4) d joJ i s jOi e jsn^^

C f lr. i irlty ni imber will determine seniority, with the lowest sum totaj

h ^ j ^ l e a s t s enlg r_g iid Jhg _hl qh flSt sum total being t hej ngs j

senior on the established list.

(b) in ihR Rvent that thes"mtotal nf thelast four (4)digits of jh e

0

m p i n V

P P - s social security numher should result in a tie,a random^ UT ^ I T ^ R conducted consisting only of the employeeswith the

cum total tie. Thefirst drawn name will be the least senior and the

last name drawn willbe the most senior on the established list.

14.1.4 Permanent employees shall begiven every opportunity for transfer to other

departments when layoff is pending.

Cityof SanJose

June6, 2013

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2013 CITY OF SAN J O S E - CEO NEGOTIATIONS

TENTATIVE AGREEMENT

~=the CityCouncil.

FOR THE CITY:

Alex Gurza

Deputy City Manager

Date

FOR THE UNIONS:

President

CEO, AFSMCE Local101

Charles Allen

Business-Agent

AFS CME , Local101

CityofSan JoseJune 6, 2013

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SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SANJOSE

AND

THE CONFIDENTIAL EMPLOYEES' ORGANIZATION,AFSCME LOCAL 101

Sustainable Transportation Incentive

The City and the Confidential Employees' Organization, (CEO), AFSCME Local 101,

("the Union") agree to continue di scu ssing programs that provide subsidies for public

transit which could be available to employees. Discu ssi ons shall include, but not belimitedto, EcoPass, regional commuter assistance and pre-tax transitprograms.

Either the City or the Union may provide notice to the other of its request to discuss

programs that provide subsidies for pubiictransit that could be available to employees.

Upon such notice, the parties shall continue these discussionswithin ten (10) calendar

daysafter the City or the Union receives notice from the other.

Ag reeing to continue di sc us si ng programs that provide subsidies for publictransit does

not guarantee that any of the programs discussedwill be adopted and/or implemented

by the City. There are currently no funds designated for these prog rams.

This Agreement is tentative and shall become effective only as part of the overall

agreement on, and only during the term of, any agreement reached between the City

and the Union.

CharlesAllen Date

BusinessAgent

AFS CME , Local 101


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Side Letter Agreement

RETIREE HEALTHCARE STAKEHOLDER SOLUTIONS WORKING GROUP

" AND NEGOTIATIONS

PURPOSE

Th e parties recogni ze the imp ortanc e of funding the current retiree healthcare benefit,

an d s ince 2009, have been increasing contributions into the plan in order to begin

paying the full Annual Required Contribution to ensure funding of the retiree healthcare

benefit,

Neither the City nor the bargaining units have committed to c lose the plan. However

new employees will not enter the existing retiree healthc are plan Sin ce current

employees share in paying the unfunded liabilities of the current retiree healthcare

benefit new emp lo yees who are not in the current plan woul d not be making those

payments. The City has agreed to make the contributi ons towards the unfunded

liabilities thattho se new em pl oy ees would h ave paid h ad they b een in the current plan

Th e City has agreed to do so in order to allow t ime for long -term s olution s to be

developed by a Retiree Healthcare Solutions Working Gr ou p ("Working Gro up ) and

negotiations.

Th e goal of the Workin g Gr oup shall be to develop options that lead to long-term

solut ionsto the retireehealthcare issue.

Th e City and the Coalit ion 1 have agreed to immediately con tin ue worki ng on solutions to

retiree healthcare both thro ugh the Working Gro up and sub seq uen t negotiations. The

parties are committ ed to working collaboratively towards l ong-term so luti ons and have

agreed to remain o pen to cons idering various options. Th e options con sideredwillinclude, but are not limited to, the following:

. Using high-deductib le healthcare plans in combin ation with individual health

savings accounts; j - - J, . i. Limitations on the current retiree healthcare benefit in combinationwith individual

health s avings accou nts ;

. Tiered healthcare benefit structu res bas ed on length of emplo yment ;

. Modification of eligibility requirements;

Health plan des ig n and ratestructure chan ges;

. Incentives for emp lo yees to work beyond norm al retirement eligibility; and

. The inclu sion or excl usi on of new empl oy ees in any modi fic ation s, or the

formation of a completely different plan for new employees.

1 TheSan-Jose Federated LaborCoalition consistsof thefollowingnine (9) bargaining units.AssociaToo^Building Mechanical, and Electrical Inspectors (ABMEI), Association of Engineers andAchiS::%EA) Associationof Legal Professionals (ALP), Association of M^ntenan^ S u Personnel (AMSP) City Association of Management Personnel (CAMP), Confidential Employees

K i M C E O , International Brotherhood of Electrical Workers (IBEW)Mun,c,Pal EmployeesFederation (MEF)andInternationalUnionofOperating Engineers, Local #3 (OE#3).

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Side Letter Agreement , ,Retiree Healthcare Stakeholder Solutions Working Group and Negotiations

RETIREE HEALTHCARE STAKEHOLDER SOLUTIONS WORKING GRO UP

Facilitator:

By Au gu st 1 2013, the City and the Coalit ion member s will mutually agree on an

independent person or entity that is knowledgeable in the area of retiree healthcare

benefits tofacilitate the Working Group.

The facilitator will facilitate the d iscussions, provide information to the parties, and

generally as sis t in the development of options for long-term solution s. Upon the mutual

agr eemen t of the City and Coalitio n memb ers , other subject matter experts may be

eng aged to assist in analyzing po ssi ble solutio ns.

Th e costs of the facilitator and any subject matter experts will be shared equally

between the City and the Coalition members.

Participation:

In addition to the City and a representative from each bargaining unit in the Coalition

member s, of the Working Committ ee will include a representative of the retirees, and

any unrepresented employee group(s).

Meetings:

The City and the Coalitionwill jointly sch edule Working Group sessions in coordination

withthe facilitator. Mor e frequent and lo nger Work ing Gr ou p sessionswillbe scheduled

in the early stages of the process. The Working Group sessions will be open to

employees and the public.

TIMELINE FORRETIREE HEALTHCARE SOLUTIONS WORKING GROUP AND

NE GO TI AT IO NS :

The Working Group shall agree upon a facil itator no later than August 1, 2013. The time

period to sc hedu le Working Group sessions will be from Aug ust 1, 2013, and con clu de

no later than Dec emb er 31, 2013, un less the parties mutually agree to extend the

timeframe. The City and the Coalition agree that this pro cesswill not supplant the meet

and confer process regarding retiree healthcare.

. Negotiation s between the City and the bargaining units shall co mm enc ewithin 14 days

upon notice of either party, but no earlier than January 1, 2014. The City and the

bargaining units shall negotiate in good faith in an effort to reach a mutual agreement.Appl icab le impas se di sp ut e resol ut io n proced ures shall appl y. The parti es in tend to

meet and confer through coalition bargaining. However, all parties reserve then-

respective rights to withdraw from coalition bargaining. In such an event, the City and

any bargaining unitthatwithdraws fr om the Coaliti onwill bargain separately.

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SideLetterAgreement .Retiree Healthcare Stakeholder Solutions Working Group and Negotiations

This Side Letter Agreement is considered part of the tentative agr eement on retiree

healthcare with the bargaining units and shall become effective only as part of the

overall retiree healthcare agreement. Each bargaining unit conducts separate

ratification processes, and this Side Letter Agreement shall be effective for those

bargaining units who ratify the overall tentative agreement on retiree healthcare and

onlyduring the term of tho se agreements witheach respective bargaining unit.

FOR THE CITY:

Alex Gu rz aDeputy City Manager

Date

ItenniferSchembri DateCJjgfTu'ty Director ofEmployee Relations

Cheryl ParkrpanExecutive AnalystOffice of Employee Relations

FOR THE UNION:

G

alanda CruzPresident

MEF, AFSCME Local 101

Date

/ i o / i 2>

CharlesAllen

Business Agent

AFSCME, Local101

FOR THE UNION:

Date

Washington,

President

CEO, AFSCME Local 101

Date

6/ i o/3CharlesAllenBusiness Agent

AFSCME, Local 101

Date

FOR THE UNION

Bill Pope fBusiness RepresentativeOperating Engineers, Local3

President

ABMEI

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Side Letter AgreementRetiree Healthcare Stakeholder Solutions Working Group and Negotiations

THE UNION:

ukhar / ~ ' Date

President

AEA, IFPTE Local 21

Michael Seville Date

Acting Senior Representative

IFPTE, Local 101

Michael SevilleActing Senior RepresentativeIFPTE, Local 101

DaWeapp DaPresidentAMSP, IFPTE Local 21

FOR THE UNION:

Michael SevilleActing Senior RepresentativeIFPTE, Local 101

MattFarrell Date

PresidentCAMP, IFPTE Local 21

FOR THE UNIQN:

Frank Cruscdf \ j Date

Chief StewardIBEW,Local 332

Dan RodriguezBusiness RepresentativiIBEW,Local 332

AFSCME Local 101/CEO Tentative Agreement 07-01-2013 Thru 06-30-2014

Documents

Transcript of AFSCME Local 101/CEO Tentative Agreement 07-01-2013 Thru 06-30-2014