SFMTA//TWU LOCAL 200
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY
AND
THE TRANSPORT WORKERS’ UNION, AFL-CIO
LOCAL 200
FOR SERVICE CRITICAL CLASSIFICATIONS
AT THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY
July 1, [begin addition] 2010 [end addition] [begin deletion] 2009 [end deletion] - June 30, [begin addition] 2012 [end addition] [begin deletion] 2010 [end deletion]
TABLE OF CONTENTS
PREAMBLE............................................................................................................................ 1
ARTICLE I - REPRESENTATION....................................................................................... 1
I.A. RECOGNITION........................................................................................................... 1
I.B. INTENT........................................................................................................................ 1
I.C. NO STRIKE PROVISION............................................................................................ 3
I.D. OBJECTIVE OF THE SFMTA and essential role performed by service-critical classes in the local 200 bargaining unit........ 3
I.E. MANAGEMENT RIGHTS........................................................................................... 3
I.F. STEWARDS................................................................................................................. 3
I.G. GRIEVANCE PROCEDURE & THE DISCIPLINE PROCESS .................................. 5
Definition...................................................................................................... 5
Definition and Filing of Grievances for SFMTA Service Critical Employees:........ 5
Time Limits for SFMTA Service Critical Employees:............................................. 6
Economic Claims. ................................................................................................... 6
Steps of the Procedure.............................................................................................. 6
Step 1: (Intermediate/Departmental Level). ............................................................ 7
Step 2: (General Manager / Chief Operating Officer) ............................................. 7
Step 3: (SFMTA Human Resources Director). ....................................................... 7
Arbitration Step 4. .................................................................................................. 8
Selection of Arbitrator – Non-Expedited.................................................................. 8
Expedited Arbitration. ............................................................................................ 8
The Discipline Process. .......................................................................................... 9
I.H. DUES DEDUCTION / AGENCY SHOP.................................................................... 10
I.I. GENERAL INFORMATION....................................................................................... 13
ARTICLE II - EMPLOYMENT CONDITIONS................................................................. 14
II.A. NON DISCRIMINATION......................................................................................... 14
II.B. AMERICANS WITH DISABILITIES ACT.............................................................. 14
II.C. ASSIGNMENT OF WORK....................................................................................... 14
II.D. PERSONNEL FILES AND OTHER PERSONNEL MATTERS............................... 18
II.E. PERSONAL SERVICES CONTRACT..................................................................... 19
II.F. EDUCATION AND CAREER DEVELOPMENT..................................................... 20
II.G. JOINT COMMITTEES............................................................................................. 21
Joint Labor Management Board (JLMB)................................................................ 21
II.H. SENIORITY.............................................................................................................. 22
II.I. Probationary Period ..................................................................................... 22
II.MJ. ANTI-NEPOTISM.................................................................................................. 24
ARTICLE III - PAY, HOURS AND BENEFITS................................................................. 25
III.A. WAGES................................................................................................................... 25
III.B. COMPENSATION FOR VARIOUS WORK SCHEDULES.................................... 26
III.C. ADDITIONAL COMPENSATION.......................................................................... 26
1. NIGHT DUTY.................................................................................................... 27
2. STANDBY PAY AND PAGER PAY................................................................ 27
3. SPECIAL SKILLS / DUTIES............................................................................. 27
4. LEAD PERSON PAY......................................................................................... 28
5. SHIFT DIFFERENTIAL (For Class 7412 only)................................................. 28
6. BILINGUAL PAY.............................................................................................. 28
7. AUTOMOBILE ALLOWANCE AND TRANSPORTATION............................ 28
8. ACTING ASSIGNMENT PAY.......................................................................... 29
9. SUPERVISORY DIFFERENTIAL ADJUSTMENT .......................................... 29
10. OTHER ADDITIONAL COMPENSATION.................................................... 30
11. Safety Division Instructor Premium.................................................................. 31
12. SFMTA INCENTIVES – For SERVICE CRITICAL EMPLOYEES AT SFMTA 31
III.D. OVERTIME COMPENSATION & COMP. TIME.................................................. 32
III.E. HOLIDAYS AND HOLIDAY PAY......................................................................... 35
III.F. SALARY STEP PLAN AND SALARY ADJUSTMENTS....................................... 38
1. Promotive Appointment In A Higher Class......................................................... 38
2. Non-Promotive Appointment.............................................................................. 39
3. Appointment Above Entrance Rate..................................................................... 39
4. Reappointment Within Six Months...................................................................... 39
5. Compensation Adjustments................................................................................. 40
6. Compensation Upon Transfer Or Re-Employment.............................................. 41
III.G. METHODS OF CALCULATION............................................................................ 41
III.H. SENIORITY INCREMENTS................................................................................... 42
III.I. WORKERS COMPENSATION LEAVE................................................................... 42
III.J. STATE DISABILITY INSURANCE (SDI)............................................................... 44
III.K. HEALTH AND WELFARE..................................................................................... 44
1. EMPLOYEE HEALTH CARE........................................................................... 44
2. LIFE INSURANCE............................................................................................. 45
3. DEPENDENT HEALTH CARE PICK-UP......................................................... 45
4. DENTAL COVERAGE...................................................................................... 45
5. CONTRIBUTIONS WHILE ON UNPAID LEAVE............................................ 45
III.L. RETIREMENT ........................................................................................................ 45
III.M. PILOT WELLNESS INCENTIVE PROGRAM....................................................... 47
III.mN. LEAVES OF ABSENCE...................................................................................... 47
Bereavement Leave................................................................................................ 47
III.nO. CHILD CARE and DCAP.................................................................................. 48
Dependent Care Reimbursement Account (DCAP)................................................. 48
Parental Release Time............................................................................................ 48
III.op. long term disability insurance........................................................... 48
III.pq. TUITION REIMBURSEMENT............................................................................. 48
ARTICLE IV - WORKING CONDITIONS........................................................................ 50
IV.A. HEALTH & SAFETY.............................................................................................. 50
IV.B. UNIFORMS & EQUIPMENT.................................................................................. 51
ARTICLE V - SCOPE OF AGREEMENT......................................................................... 53
V.A. SCOPE OF AGREEMENT....................................................................................... 53
V.B. DURATION OF AGREEMENT............................................................................... 53
APPENDIX A......................................................................................................................... 55
SFMTA Performance & Attendance Incentive Program...................... 55
SFMTA PERFORMANCE INCENTIVE PROGRAM...................................................... 56
SFMTA ATTENDANCE INCENTIVE PROGRAM......................................................... 67
APPENDIX B: PAST PRACTICES – SFMTA................................................................... 69
APPENDIX C......................................................................................................................... 71
EMPLOYEE ASSISTANCE PROGRAM AND PEER COUNSELING PROGRAM..... 71
A. Overview of EAP Program .............................................................................. 71
B. Organization......................................................................................................... 73
C. Pay Status During Voluntary Self-Referral Treatment (Voluntary Substance Abuse Program)............................................ 76
D. Non-Paid Status During Treatment After Positive Test................. 76
E. Education and Training................................................................................... 76
F. Confidentiality.................................................................................................... 76
G. Funding.................................................................................................................... 76
H. Special Provisions.............................................................................................. 77
1. This Collective Bargaining Agreement (herein referred to as "CBA"), has been developed jointly by the San Francisco Municipal Railway (herein referred to as "MUNI"), under the authority of the San Francisco Municipal Transportation Agency (hereinafter referred to as SFMTA), and the Transport Workers Union of America, AFL-CIO, Local #200 (hereinafter referred to as "Local 200").
2. The SFMTA acknowledges that Local 200 has been certified as the recognized employee representative pursuant to the provisions of the Employee Relations Operating Resolution (EROR) for the following classifications and bargaining units:
1773 |
Media Training Specialist |
7412 |
Automotive Service Worker Assistant Supervisor |
8121 |
Fare Inspections Supervisor/Investigator |
9135 |
Passenger Service Specialist |
9139 |
Transit Supervisor I |
9140 |
Transit Manager I |
9141 |
Transit Manager II |
9150 |
Train Controller |
9160 |
Transit Operations Specialist |
9520 |
Transportation Safety Specialist |
3. The terms and provisions of this CBA shall also be automatically applicable to any classification which is accreted to an existing unit covered by this CBA during its term. This Agreement shall not automatically extend to new bargaining units for which Local 200 has gained representation or established a representative status through affiliations or service agreements. Said employees covered by the terms and provisions of this CBA are hereinafter referred to as “employee(s),” singular or plural as the context so indicates. The term “employee” as used hereinafter in this agreement refers to a person included in the above defined bargaining unit. Employees are presumed to have either supervisory and/or managerial positions.
4. The purpose of this CBA is to meet the foregoing parties' mutual responsibility to provide the public with dependable, prompt, safe, economical and courteous public transportation, consistent with the requirements, goals and intent of Proposition E (Charter section 8A.100 et seq.).SFMTA and Local 200 have negotiated this agreement in accordance with Section A8.409, et seq. of the San Francisco City Charter.
5. It is the intent of the parties signatory hereto that the provisions of this CBA, upon ratification by the members of Local 200, shall bind Local 200 and its members.
6. It is the intent of the parties signatory hereto that the provisions of the CBA, upon ratification by the SFMTA Board as to those matters within the SFMTA Board's legal authority, shall bind the SFMTA as to those matters within the SFMTA’s legal authority employing individuals covered by this Agreement.
7. The terms and conditions of employment for employees covered by this CBA shall be governed by the terms and conditions established by CITY Charter provisions, ordinances of the BOARD of Supervisors and/or the SFMTA Board of Directors, relevant rules of the CSC, SFMTA and MUNI, and by the terms and conditions of employment set forth in this CBA.
8. In the event provisions of this CBA are in conflict with the foregoing authorities, provisions of this CBA shall prevail to the fullest extent legally possible. Unless an existing ordinance, resolution, rule or regulation is specifically discussed and changed, deleted, or modified by the terms of this CBA, said ordinance, resolution, rule or regulation shall be deemed to remain in full effect.
9. Duty to Meet & Confer. Pursuant to the provisions of the Meyers-Milias-Brown Act, as amended, the SFMTA agrees to meet & confer, as required by law with Local 200 in advance regarding any proposed changes in working conditions within the scope of representation including but not limited to the bargainable impacts on the supervisors and managers covered by this CBA, including: changes in management structure, the process for the fair and equitable selection of training candidates, the scheduling of operations, reorganization plans, the implementation of AVM/ATCS, staffing, the prioritization of work assignments in the face of cutbacks in staffing, and changes in overtime recording procedures, the inclusion of 9139 and 9140 in capital projects, the acquisition of VDT equipment. The SFMTA shall attempt to provide any proposed changes to Local 200 in writing within fifteen (15) days before said changes are to go into effect (emergencies excepted). Within five (5) days of the receipt of the notice of proposed changes, Local 200 may request, in writing, a meeting and/or present the Department with any comments and suggestions it may have in writing concerning the proposed changes. The Department shall reply, in writing, within ten (10) days by scheduling a meeting, if so requested by Local 200, and by responding to Local 200’s written comments.
10. As provided within the Charter, any matter not resolved by the parties through meet & confer during the term of this Agreement may not be submitted to arbitration. However, if the parties are unable to resolve any differences on the aforementioned issues, either party may request that the matter be considered by the Joint Labor Management Board.
11. The SFMTA Human Resources Division will be advised of and coordinate, if necessary, all meet & confer and be available to assist so that all provisions in the CBA will be followed.
12. [begin addition] During the term of the MOU, disputes regarding changes in wages, hours, benefits, and other terms and conditions of employment shall not be subject to the impasse procedures provided in Charter section a.8.409 et seq., but may be subject to grievance arbitration. The parties acknowledge that the provisions of Charter section A8.409 are valid and binding on the parties, and nothing in this paragraph is intended to supercede the provisions of the Charter. [end addition]
13. The Union and each member of the bargaining unit covenant and agree not to initiate, engage in, cause, instigate, encourage or condone a strike, work stoppage, slowdown, or absenteeism. The Union and each member of the bargaining unit covenant and agree not to engage in any form of sympathy strike including, but not limited to, observing or honoring the picket line of any other union or person.
14. The most efficient, effective and courteous delivery of SFMTA services is of paramount importance to the SFMTA and its employees, and is recognized to be a mutual obligation of the parties to this CBA within their respective roles and responsibilities.
15. All classifications included in the Local 200 bargaining unit are “service critical” as defined by Charter section 8.104(e).
16. The provisions of this MOU shall, in all respects, be interpreted in a manner which furthers the purposes of Proposition E (Charter section 8A.100 et seq., hereafter “Proposition E”). If Proposition E is amended during the term of this Agreement, the parties shall meet and confer to assess whether and to what extent the change in legislation warrants an amendment to this CBA. In addition, except as otherwise and specifically provided in this Agreement, in accordance with applicable state laws, nothing herein shall be construed to restrict any legal SFMTA rights concerning direction of its work force, or consideration of the merits, necessity, or organization of any service or activity provided by the SFMTA, including but not limited to .the right to determine the mission of its constituent departments, officers, boards and commissions; set standards of services to be offered to the public; determine the methods, means and personnel by which the SFMTA’s operations are to be conducted; exercise control and discretion over the SFMTA's organization and operations. The SFMTA may also relieve employees from duty due to lack of work or funds.
17. It is understood and agreed that except as specifically set forth in this agreement the SFMTA retains all of its powers and authority to manage municipal services and the work for performing those services.
18. The exercise of these rights shall not be subject to the grievance procedure. However, the exercise of such rights does not preclude employees from utilizing the grievance procedure to process grievances regarding the practical consequence of any such actions on wages, hours, benefits or other terms and conditions of employment specified in this Agreement.
19. Local 200 may select one steward and/or alternate steward in each department or bureau or facility in which employees covered by this CBA are working. A steward shall only deal with grievances within or related to the steward's department, bureau or facility.
20. Local 200 shall furnish the SFMTA with an accurate list of shop stewards. Local 200 may submit amendments to this list at any time because of the permanent absence of a designated shop steward. If a shop steward is not officially designated in writing, by Local 200, none will be recognized. When employees are selected, substituted, or replaced as stewards, the organization’s duly authorized representative shall inform in writing the department head or officer under whom each selected employee member is employed.
21. Local 200 and the SFMTA recognize that it is the responsibility of the shop steward to assist in the resolution of grievance or disputes at the lowest possible level.
22. While handling grievances, discipline, or meeting with the SFMTA representatives concerning matters affecting the working conditions and status of employees covered by this CBA, one shop steward shall be allowed time off during normal working hours to perform such duties without loss of pay; provided, however, that time off for investigation shall be reasonably related to the difficulty of the grievance. No steward shall leave the duty or work station or assignment without specific approval of the employee's department head or other authorized manager. Such release time for the shop steward shall not be unreasonably denied.
23. If, in the judgment of the supervisor, permission cannot be granted immediately to the shop steward to investigate or present a grievance during on-duty time, such permission shall be granted by the supervisor no later than the next working day from the date the shop steward was denied permission, unless the parties agree to an alternative time.
24. In handling grievances or disciplinary matters, the shop steward shall have the right to:
25. Consult with the affected employee regarding the presentation of a grievance after the employee has requested the assistance or presence of the shop steward.
26. Present to a supervisor a grievance, which has been requested by an employee or group of employees, for resolution or adjustment.
27. Investigate any such grievance so that such grievance can be properly discussed with the supervisor or the designated representative.
28. Attend meetings with supervisors or other SFMTA representatives when such meetings are necessary to adjust grievances or represent employees in disciplinary matters. In scheduling meetings, due consideration shall be given to the operating needs and work schedules of the department, division, or section in which the employees are employed. Release time for the shop steward shall not be unreasonably denied.
29. In emergency situations, where immediate disciplinary action may be taken because of violation of law or a SFMTA or departmental rule (theft, etc.), the shop steward shall, if possible, be granted immediate permission to leave his/her post of duty to assist the employee.
30. Shop stewards shall not interfere with the work of any employee.
31. Stewards shall receive timely notice of departmental orientation sessions, and shall be permitted to make appearances at departmental orientation sessions, in order to distribute Local 200 materials and to discuss employee rights and obligations under this CBA. Local 200 and the Department may agree to other arrangements for contact between stewards and new employees.
32. Employee Representatives. Pursuant to the Meyers-Milias-Brown Act and Employee Relations Operating Resolution (EROR):
33. A. A reasonable number of officers, stewards and representatives of Local 200 may attend during working hours with no loss of pay, meetings scheduled with representatives of the SFMTA Appointing Officer for the purpose of meeting and conferring required by law.
[begin deletion] 34. [end deletion] B. Release time for meetings with SFMTA on other
matters of employer/employee relations shall be limited to matters within the
scope of negotiations or matters on which SFMTA has agreed to meet and consult.
35. [begin addition] Official Representatives shall be allowed time off from
their [begin deletion] s [end deletion] duties without loss of pay for the purpose of meeting and
conferring in good faith or consulting with representatives of the SFMTA, SFMTA
Boards on matters within the scope of representation. [end addition]
36. [begin addition] Release time shall be provided for the TWU Local 200 Executive Board representatives to participate in disciplinary meetings, grievances meetings, meet and confer sessions, and other labor relations matters within the scope of representation with SFMTA, Civil Service, City and County of San Francisco. [end addition]
37. [begin addition] Release time shall not unreasonably be denied. Approval of release time will be from the Labor relations staff assigned to TWU Local 200, final approval will be from the Director, Transit Operations. [end addition]
38. [begin addition] In scheduling meetings, TWU Local 200 shall give reasonable consideration to the operating needs of SFMTA and the public we serve and the respective responsibilities of service. [end addition]
39. [begin addition] TWU Local 200 shall notify the direct supervisor of the scheduled meetings in advance of the meetings. Except for emergencies, notification shall be no less than two (2) working days. [end addition]
40. [begin addition] Representatives shall respond to all emergency incidents withint their Drivisions or sections as needed. [end addition]
41. [begin addition] Joint grievance meetings shall be scheduled once monthly during working hours. [end addition]
[begin deletion] 35. [end deletion] [begin addition] 42. [end addition] In
computing the time within which any action must be taken under the grievance
and discipline process, Saturdays, Sundays and holidays shall not be counted.
[begin deletion] 36. [end deletion] [begin addition] 43. [end addition] The
following procedures are adopted by the Parties to provide for the orderly and
efficient disposition of grievances and are the sole and exclusive procedures
for resolving grievances as defined herein. [begin addition] TWU Local 200 and the Agency
agree that no discipline shall be imposed until the Step 2 hearing has been
completed. Discipline may only be imposed prior to the conclusion of the Step 2
hearing if no grievance is filed, or the grievance is withdrawn, or the
disciplined employee submits in writing that he or she wishes to abandon the
grievance process. [end addition]
[begin deletion] 37. [end deletion] [begin addition] 44. [end addition] A
Grievance shall be defined as any dispute which involves the interpretation or
application of, or compliance with this agreement, including discipline and
discharge of employees.
[begin deletion] 38. [end deletion] [begin addition] 45. [end addition] Grievances
must be filed in writing on a Union Grievance Form. The grievance will set
forth the facts of the grievance, the terms and conditions of the Agreement
claimed to have been violated, misapplied or misinterpreted, and the remedy or solution
being sought by the grievant. Grievances shall not be effective nor deemed
filed unless they are filed with the SFMTA designated officials. Grievances
involving multi-class or multi-mode/division disputes shall be first filed at
Step 2.
[begin deletion] 39. [end deletion] [begin addition] 46. [end addition] In
the event that the Union or the SFMTA intends to be represented by legal
counsel at any meeting in the grievance process, the Union or the SFMTA shall
notify all parties, including the employee and/or his or her counsel, in
writing at least two (2) days in advance of the meeting. Notice by either the
Union or the SFMTA of their intent to use legal counsel shall automatically
entitle the other to use legal counsel, should they wish to do so. In the
event the dispute reaches arbitration, the advance notice requirement will be
ten (10) days for purposes of the arbitration.
[begin deletion] 40. [end deletion] [begin addition] 47. [end addition] CSC
Rule “Carve-outs” are not subject to the grievance procedure nor may be
submitted to arbitration.
[begin deletion] 41. [end deletion] [begin addition] 48. [end addition] Time
limit extensions shall only be granted in exceptional cases, and must be agreed
to in writing between the Union President and the SFMTA Labor Relations
Manager. If SFMTA fails to meet the time limits at any point in Steps 1, [begin deletion] and [end deletion] 2 [begin addition] and 3, [end addition] the grievance shall be granted. If the Union fails to
meet the time limits at Steps 1, [begin deletion] and [end deletion] 2 [begin addition] and 3, [end addition] the
grievance will be withdrawn.
[begin deletion] 42. [end deletion] [begin addition] 49. [end addition] In
grievances involving discipline, the time limits in the grievance procedure
shall not be extended due to the absence of the grievant unless the grievant is
unable to appear due to a serious, verifiable illness which precludes the
grievant from attending a meeting, or is on authorized leave which was approved
prior to the proposed discipline.
[begin deletion] 43. [end deletion] [begin addition] 50. [end addition] Any
claim for monetary relief shall not extend more than thirty (30) days prior to
the filing of a grievance. Though the resolution of disputes outside the
Grievance Procedure is desired, it is understood by Local 200 that, in order to
preserve its claims for monetary relief, it will file a grievance upon having
knowledge of the aggrieved event, and should resolution outside the Grievance
Procedure appear probable, request an abeyance of the Grievance Procedure time
limits, as set forth above. The SFMTA will not unreasonably refuse a request
for abeyance where settlement of an economic claim appears probable.
Grievance Initiation.
[begin deletion] 44. [end deletion] [begin addition] 51. [end addition] A
grievance affecting more than one employee shall be filed with the management
official having authority over all employees
affected by the grievance.
[begin deletion] 45. [end deletion] [begin addition] 52. [end addition] Only
Local 200 shall have the right on behalf of a disciplined or discharged
employee to appeal the discipline or discharge action.
[begin deletion] 46. [end deletion] [begin addition] 53. [end addition] An
employee shall discuss the issue subject to grievance informally with his/her
immediate supervisor, provided the issue is not a discrimination or retaliation
claim against that supervisor, and try to work out a satisfactory solution in
an informal manner as soon as possible, but in no case later than five (5) days
from the date of the occurrence of the act or the date the employee might
reasonably have been expected to have learned of the alleged violation being
grieved or in the event of a Skelly process, no later than five (5) days after
the date of the written Skelly decision. The employee may have a Local 200 representative present.
[begin deletion] 47. [end deletion] [begin addition] 54. [end addition] If
the issue is not resolved within seven (7) days after contact with the immediate
supervisor, the employee will submit the grievance in writing to the Senior
Operations Manager at the Division/Mode where the alleged violation and/or
discipline occurred, or a Senior Operations Manager designated by the General
Manager / Chief Operating Officer should one not be in place, no later than
twenty (20) days after the facts or event giving rise to the grievance. Claims
alleging sexual harassment may be filed within four (4) months. The grievance
will be submitted on a mutually agreeable grievance form. The grievance will
set forth the facts of the grievance, specific provision(s) and/or the terms
and conditions of this Agreement claimed to have been violated, misapplied or
misinterpreted, and the remedy or solution being sought by the grievant.
[begin deletion] 48. [end deletion] [begin addition] 55. [end addition] The
Senior Operations Manager shall respond in writing within seven (7) days
following receipt of the written grievance.
[begin deletion] 49. [end deletion] [begin addition] 56. [end addition] A
grievant dissatisfied with the Senior Operations Manager’s response at Step 1
may appeal to the General Manager / Chief Operating Officer, or designee, in
writing, within seven (7) days of receipt of the Step 1 answer. The grievance
shall contain copies of all earlier correspondence and materials, if any,
reviewed at Step 1.
[begin deletion] 50. [end deletion] [begin addition] 57. [end addition] The
General Manager / Chief Operating Officer, or designee, [begin addition] may [end addition] [begin deletion] shall
may [end deletion] convene a meeting, [begin deletion] which shall constitute an evidentiary hearing [end deletion] , within fifteen (15) days with the grievant and the Local 200
representative. [begin addition] For disciplinary grievances, this meeting shall be
mandatory and shall constitute an evidentiary hearing. Neither party shall be [begin deletion] T [end deletion] [end addition] [begin deletion] his
applies to disciplinary grievances only and neither party is [end deletion] [begin addition] limited
at arbitration by the evidence presented at the Step 2 hearing. [end addition] The
General Manager / Chief Operating Officer, or designee, shall respond [begin addition] to the
grievance [end addition] in writing within fifteen (15) days of the [begin addition] evidentiary
hearing. [end addition] [begin deletion] meeting or receipt of the grievance, whichever is later. This
applies to disciplinary grievances only. [end deletion]
[begin deletion] 51. [end deletion] [begin addition] 58. [end addition] A
grievant dissatisfied with the General Manager / Chief Operating Officer’s
response at Step 2 may appeal to the SFMTA Human Resources Director, or designee
in writing, specifying the reason(s) why Local 200 is dissatisfied with the
Step 2 response, within fifteen (15) days of receipt of the Step 2 answer. The
grievance shall contain copies of all earlier correspondence and materials
reviewed at the earlier steps. The SFMTA Human Resources Director or his or
her designee, who has not been involved with the Grievance at Step 1 or 2, [begin addition] shall [end addition] [begin deletion] may [end deletion] convene a grievance meeting within fifteen (15) days with the
grievant, and/or Local 200.
[begin deletion] 52. [end deletion] [begin addition] 59. [end addition] 1). Disciplinary
Grievances. SFMTA Human Resources Director or designee, who has not been
involved with the Grievance at Step 1 or 2, shall have fifteen (15) days after
the receipt of the written grievance or if a meeting is held, fifteen (15) days
after the meeting, whichever is later, to review and seek resolution of the
grievance and respond in writing.
[begin deletion] 53. [end deletion] [begin addition] 60. [end addition] 2). Contract
Grievances. SFMTA Human Resources Director or designee, who has not been
involved with the Grievance at Step 1 or 2, shall have thirty (30) days after
the receipt of the written grievance, or if a meeting is held, thirty (30) days
after the meeting, whichever is later, to review and seek resolution of the
grievance and respond in writing.
[begin deletion] 54. [end deletion] [begin addition] 61. [end addition] If
Local 200 is dissatisfied with the Step 3 response it may appeal by
notifying SFMTA Human Resources Director, or designee, in writing, within
thirty (30) days of its receipt of the Step 3 response that arbitration is
being invoked.
[begin deletion] 55. [end deletion] [begin addition] 62. [end addition] a. When
a matter is appealed to arbitration the parties shall first attempt to mutually
agree on an arbitrator. In the event no agreement is reached within five (5)
days, the arbitrator shall be selected from a panel obtained through the State
Mediation and Conciliation Service by alternately striking names from the list
supplied by the SMCS. All members of the panel shall be members of the
National Academy of Arbitrators.
[begin deletion] 56. [end deletion] [begin addition] 63. [end addition] b. The
parties shall make every effort to schedule a hearing date within twenty (20) days.
[begin deletion] 57. [end deletion] [begin addition] 64. [end addition] The
parties agree to establish a panel of five (5) acceptable arbitrators who will
handle expedited arbitrations sequentially. The Union shall request in writing
that the expedited arbitration process be utilized. Within seven (7) days of
receipt of a written request from the Union, the SFMTA shall canvass the panel
for arbitrator availability sequentially and schedule the arbitration. In no
event shall the arbitration be scheduled to take place in less than ten (10)
days from the day of selecting the available arbitrator. [begin addition] Each party shall
present its case to the arbitrator without the assistance of an attorney. The
arbitrator shall issue a decision within 30 days of the end of the arbitration
hearing. [end addition]
[begin addition] [begin deletion] 58. [end deletion] 65. Authority of
the Arbitrator (both regular and expedited). The decision of the arbitrator
shall be final and binding, unless challenged under applicable law. The
arbitrator shall have no authority to
add to, ignore, modify or amend the terms of this Agreement.
[begin deletion] 59. [end deletion] [begin addition] 66. [end addition] Costs
of Arbitration. The direct expenses of the arbitration including the fees and
expenses of the arbitrator shall be borne and shared equally by the parties.
The costs of a court reporter and the transcription of the proceeding, if any,
shall be paid by the party requesting such, unless requested by the arbitrator,
which will then be borne and equally shared by the parties. In the event that
an arbitration is canceled resulting in a cancellation fee, the party
initiating the request or causing the cancellation shall bear the full cost of
the cancellation fee, unless the parties agree otherwise, which shall not be
unreasonably withheld.
[begin deletion] 60. [end deletion] [begin addition] 67. [end addition] Date
of Award. Awards shall be due, in writing, within forty-five (45) days
following the receipt of closing arguments. As a condition of appointment to
the permanent panel, arbitrators shall be advised of this requirement and shall
certify their willingness to abide by these time limits.
[begin addition] [begin deletion] 61. [end deletion] 68. The SFMTA
shall have the right to discipline any non-probationary permanent employee,
temporary civil service employee, or provisional employee upon completion of
twelve (12)-months service, for just cause.
[begin addition] [begin deletion] 62. [end deletion] 69. As used
herein "discipline" shall be defined as written reprimands, written
warnings, discharge, suspensions and disciplinary demotion. A change of work
assignment, either to or from a particular assignment, may not be made solely
for disciplinary purposes.
[begin deletion] 63. [end deletion] [begin addition] 70. [end addition] Any
Local 200 employee assigning a classification
9163 Transit Operator to perform the work of a 9139 Transit Supervisor shall be subject to disciplinary action, except as provided under Article II.C.
(paragraph 107)., herein.
[begin deletion] 64. [end deletion] [begin addition] 71. [end addition] Employees who are released or disciplined
during their initial probationary period or during any probationary period
established by this CBA, may appeal the release or discipline provided that the
grounds for the grievance or appeal shall be limited to a claimed violation of
Article II.A. In such an appeal the employee
shall bear the burden of proof with respect to the claimed violation.
[begin deletion] 65. [end deletion] [begin addition] 72. [end addition] No
interview of an employee that may
result in disciplinary action or at which discipline is to be imposed will be
undertaken unless the employee is first
advised of his/her right to representation. If requested by the employee, such representation must be
secured within the succeeding twenty-four (24) hour period, excluding holidays
and weekends. If the employee does
not secure representation within such period, the right is waived.
[begin deletion] 66. [end deletion] [begin addition] 73. [end addition] Written
reprimands, written warnings, suspensions, disciplinary demotions and
discharges of non-probationary permanent employees, temporary civil service
employees, or provisional employees with twelve (12)-months service, shall be
subject to the following procedure:
a. The basis of any proposed discipline shall be communicated in writing to the employee and to Local 200 no later than eighteen (18) days after management has attained findings on the event or occurrence which is the basis of the discipline, or the offense will be deemed waived. A charge against an employee shall contain the precise offense with which the employee is being charged.
b. Except in emergency situations, where immediate disciplinary action must be taken because of a violation of law or a CITY or department rule (theft, etc.), no disciplinary action can be taken without first providing the employee and Local 200 with the written charges and the materials upon which the charges are based.
c. The employee and her/his representative shall be afforded a reasonable amount of time to respond, either orally at a meeting (“Skelly meeting”), or in writing, to the management official designated by the SFMTA to consider the reply. Should the employee and her/his representative elect to respond orally at a Skelly meeting, the Department will notify the parties, in writing, at least five (5 )days in advance of the meeting, unless mutually agreed otherwise by the parties. Local 200 shall have the right to be present at the Skelly meeting. The employee and her/his representative may present any relevant oral/written testimony and other supporting documentation as part of her/his response.
[begin addition] d. [end addition] Individuals who may have direct knowledge of the circumstances relating to the discipline may be present at the request of either party at the meeting if the parties agree that the individuals’ participation will facilitate an appropriate outcome. In the case of SFMTA employees giving relevant oral testimony, they shall be compensated at an appropriate rate of pay for time spent.
[begin addition] e [end addition] [begin deletion] d [end deletion] . The employee shall be notified in writing
of the decision based upon the information contained in the written
notification, the employee's statements, and any further investigation
occasioned by the employee's statements. The employee's representative shall
receive a copy of this decision.
[begin deletion] e [end deletion] [begin addition] f [end addition] . Progressive
Discipline: For most offenses, management is expected to use a system or
progressive discipline under which the employee
is given increasingly more severe discipline each time an offense is
committed. Management is not bound by progressive discipline in cases of
serious offenses where no specific warning or prior disciplinary action need
precede separation for cause. A common pattern may include oral warning,
written warning, suspension, and finally, separation for cause.
[begin addition] [begin deletion] 67. [end deletion] 74. Payroll
deductions from the pay of employee(s) covered by this CBA for dues to be paid
to Local 200 shall be made by the Controller in accordance with the
Controller's regulations and the provisions of San Francisco Administrative
Code Section 16.90 et seq. (Article V). The SFMTA agrees to transmit said
funds to Local 200 once monthly to Local 200 headquarters. The SFMTA
further agrees that it will check off and transmit to Local 200 Special Fund
the amount specified monthly from the wages of those employee(s) who
voluntarily authorize such contributions on the forms provided for that purpose
by said fund. These transmittals shall occur monthly and shall be accompanied
by a list of the employee(s) from whom such deductions have been made and the
amounts deducted.
[begin addition] Application [end addition]
[begin addition] [begin deletion] 68. [end deletion] 75. For the term of this
Agreement, all current and future employees of the SFMTA subject to the terms
and conditions of this Agreement, except set forth below, shall, as a condition
of continued employment, become and remain a member of the Union or in lieu
thereof, shall pay an agency fee to the Union. Such agency fee shall not
exceed the standard initiation fee, periodic dues and general assessments
(hereinafter collectively termed membership fees) of the Union representing the
employee's classification. The agency fee payment shall be established
annually by the Union, provided that such agency shop fee will be used by the
Union only for the purposes of collective bargaining, contract administration
and pursuing matters affecting wages, hours and other terms and conditions of
employment, to the extent allowed by law.
[begin addition] Religious Exemptions [end addition]
[begin deletion] 69. [end deletion] [begin addition] 76. [end addition] If
an employee in a classification covered by this Agreement sincerely holds
religious beliefs that include conscientious objections to joining or
financially supporting a labor organization, the employee shall not be required
to pay the service fee. In lieu of paying the service fee, the employee shall
pay a charitable contribution equal to the service fee to one of the three
following charitable organizations: (1) United Way of the Bay Area, (2)
Community Health Charities of California (San Francisco/East Bay Branch), or
(3) Local Independent Charities. The charitable contribution shall be paid in
the amounts and at the times the service fee would otherwise be paid if the
employee were not exempt under this paragraph. The employee shall provide the
SFMTA and Union with an acknowledgement of receipt from the charitable
organization or other satisfactory evidence that the charitable contribution
has been paid.
[begin addition] Payroll Deductions [end addition]
[begin addition] [begin deletion] 70. [end deletion] 77. a. The Union shall
provide the SFMTA Human Resources Director and the City Controller with a
complete list of the classifications subject to this Section represented by the
Union and a current statement of membership fees. Such list of represented
classifications and statement of membership fees shall be amended as
necessary. The Controller may take up to 30 days to implement such changes.
The Controller shall make required membership fee or service fee payroll
deductions for the Union. Each pay period, the Controller shall make
membership fee or service fee deductions, as appropriate, from the regular
periodic payroll warrant of each affected employee.
[begin deletion] 71. [end deletion] [begin addition] 78. [end addition] b. Effective
with the first complete pay period worked by an employee newly employed and
subject to this Agreement and each pay period thereafter, the Controller shall
make membership fee or service fee and initiation deductions, as appropriate,
from the regular payroll warrant of each such employee. Nine (9) working days
following payday the Controller will promptly pay over the Union all sums
withheld for membership or service fees.
[begin addition] [begin deletion] 72. [end deletion] 79. c. The Union
shall be entitled to collect, through the payroll deduction method, membership
dues, and any special membership assessments, and through that system, may make
changes as may be required from time-to-time. The Union shall give the
Controller appropriate written notice of any changes in existing deductions, or
the establishment of new bases for deduction.
[begin addition] Service Fees [end addition]
[begin addition] [begin deletion] 73. [end deletion] 80. Service fees
from nonmembers shall be collected by payroll deduction pursuant to
Administrative Code Section 16.90. Failure to comply with this Section shall
be grounds for termination. The Union, at its option, may elect to waive its
right to demand termination and instead utilize judicial process to compel
payment.
[begin addition] Employee Lists [end addition]
[begin addition] [begin deletion] 74. [end deletion] 81. The Controller shall
also provide with each payment a list of employees paying service fees. All
such lists shall contain the employee's name, employee number, classification,
department number and the amount deducted.
[begin addition] [begin deletion] 75. [end deletion] 82. If during the course
of this agreement the Controller becomes capable of doing so, upon request by
the Union, the SFMTA shall provide such list on computer diskette or other
electronic medium. All reasonable costs associated with such request shall be
paid to the SFMTA by the Union.
[begin addition] [begin deletion] 76. [end deletion] 83. A list of all
employees in represented classes shall be provided to the Union monthly.
Nothing in this Section shall be deemed to have altered the SFMTA’s current
obligation to make insurance program or political action deductions when
requested by the employee.
[begin addition] Financial Reporting [end addition]
[begin addition] [begin deletion] 77. [end deletion] 84. 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.
[begin addition] Indemnification [end addition]
[begin addition] [begin deletion] 78. [end deletion] 85. The Union agrees to
indemnify and hold the SFMTA and the City harmless for any loss or damage
arising from the operation of this section.
[begin addition] New Hires [end addition]
[begin addition] [begin deletion] 79. [end deletion] 86. The SFMTA agrees to
provide the Union with the names and classifications of newly hired employees
on a quarterly basis. The SFMTA will provide such new employees with
information regarding the Union and agency shop.
[begin addition] Data [end addition]
[begin addition] [begin deletion] 80. [end deletion] 87. The SFMTA
will provide the Union the following data, for each employee in the covered
classifications, on a quarterly basis within legal and reasonable
administrative constraints.
1. Name;
2. Employee Number;
3. Current Classification.
[begin addition] [begin deletion] 81. [end deletion] 88. Upon written request,
the SFMTA agrees to provide to the Union, on an annual basis, gender
information by job classification.
[begin addition] [begin deletion] 82. [end deletion] 89. The Union shall comply
with the requirements set forth in Chicago Teachers Union v. Hudson, 475 U.S.
292 (1986) for the deduction of agency shop fees. Annually, the Union shall
certify in writing to the City that the content of the written notice meets the
requirements set forth in this section and in Hudson.
[begin deletion] 83. [end deletion] [begin addition] 90. [end addition] As
provided under Article III.D., the Department shall maintain all
records of overtime worked by employee(s)
in their respective divisions/departments. Copies of said records shall be
made available to the representative of Local 200 upon request.
[begin deletion] 84. [end deletion] [begin addition] 91. [end addition] Notice
of Occurrence of Industrial Accidents. Timely notice of the occurrence of an
injury to any employee sustained in
the course of his or her employment shall be given to Local 200.
Information supplied may include the date of the accident or injury, corrective
action taken, current status of employee,
and the work location of the accident or injury. When an employee is hospitalized,
Local 200 will be notified by telephone.
[begin deletion] 85. [end deletion] [begin addition] 92. [end addition] The
SFMTA and Local 200 agree that this Agreement shall be administered in a
nondiscriminatory manner. Specifically, no person covered by this Agreement
shall be discriminated against because of race, color, creed, religion, sex,
sexual orientation, gender identity, national origin, physical or mental
disability, age, political affiliation or opinion or Local 200 membership or activity. Discrimination as used herein
shall mean discrimination as defined by Title VII of the 1964 Civil Rights Act,
as amended, the Civil Rights Act of 1991, the California Fair Employment and
Housing Act, the Americans with Disabilities Act, the California and United
States Constitutions, the Equal Pay Act of 1963, the Age Discrimination in
Employment Act of 1967, the Civil Rights Act of 1866, Meyers-Milias-Brown Act
and any other laws and regulation relating to employment discrimination.
[begin deletion] 86. [end deletion] [begin addition] 93. [end addition] A
complaint of discrimination may, at the employee’s option, be processed through
the SFMTA’s Equal Employment Opportunity complaint process, or federal or state
administrative or judicial processes. If the employee elects to pursue a
non-contractual remedy for discrimination, it shall constitute a waiver of the
right to pursue that complaint through the grievance and arbitration procedure.
[begin deletion] 87. [end deletion] [begin addition] 94. [end addition] The
parties agree that they are required to provide reasonable accommodations for
persons with disabilities in order to comply with the provisions of the
Americans with Disabilities Act, the Fair Employment and Housing Act, and all
other applicable federal, state and local disability anti-discrimination
statutes and further agree that this agreement will not be interpreted,
administered or applied in any manner which is inconsistent with said Act. The
SFMTA reserves the right to take any action necessary to comply therewith.
[begin deletion] 88. [end deletion] [begin addition] 95. [end addition] 1. The
purpose of the Sign-Ups here provided is to allow for a fair and equitable
procedure for lateral movement for employees in the 9139 classification.
[begin deletion] 89. [end deletion] [begin addition] 96. [end addition] Polling
occurs when an open vacancy exists and there is no list available. The Union
and SFMTA Management shall agree on one person to coordinate all polling.
· Vacancies in Streets and Metro Rail Operations (MRO) will be filled through current procedures.
· Vacancies in Scheduling, Safety & Training, Central Control, Station Operations and Dispatch will be filled through polling the following four (4) divisions: Streets, MRO, Station Operations and Dispatch.
· An employee who moves as a result of polling may not move again until the General Sign-Up.
97. General Sign-Up (Classification 8121): There shall be a quarterly shift sign up each
calendar year at dates mutually agreed upon by the Union and SFMTA [begin addition] . [end addition]
· General Sign-Up (Classification 9139): There shall be a general sign-up within the 9139 classification once every three (3) years with the exception of persons assigned to the Schedule Department, Safety and Training, and Central Control. Movement among divisions as a result of the general sign-up will be phased in over a one year period.
· The above listed divisions/groups (Schedule Department, Safety and Training, and Central Control) shall be limited to a turnover of fifty percent (50%) turnover rule. Movement as a result of polling in the period between General Sign-Ups will be considered as part of the 50% limitation at the time of the GSU.
[begin deletion] 91. [end deletion] [begin addition] 98. [end addition] Sign-up
Procedures and Shift Determination. The parties will meet & confer on an
expedited basis, regarding each General Sign-Up, including job descriptions,
designation and description of shifts, and the rules and procedures for the
General Sign-Up. At least twenty-five (25) calendar days prior to the
scheduled date for the sign-up, MUNI shall provide Local 200 with a written summary of any changes planned by
management. The parties shall begin the formal meet & confer process not
less than twenty (20) days prior to the scheduled date for the General
Sign-Up. Sign-ups will not be posted until after the meet & confer process
is completed.
[begin deletion] 92. [end deletion] [begin addition] 99. [end addition] Posted
Shifts. All shifts will be posted at least ten (10) days prior to the
sign-up. At the same time, duties and responsibilities related to the Shifts
will be posted along with the Shifts to which they refer.
[begin deletion] 93. [end deletion] [begin addition] 100. [end addition] Shift
Premiums. Those Shifts which have pay premiums shall be so marked.
[begin deletion] 94. [end deletion] [begin addition] 101. [end addition] Sign-up
for Shifts. Sign-up for a Shift shall be in direct seniority order as defined
in Article II.H, except as to agreed upon exceptions that have previously been
met and conferred on.
[begin deletion] 95. [end deletion] [begin addition] 102. [end addition] General
Sign-up Procedures. Each employee
shall have five (5) minutes to sign up. If an employee will not be present, she or he can leave five (5)
choices of assignment on the prescribed form or designate in writing a Local 200 representative to bid for her/him.
If no choices have been made known, the following procedures will govern
assignments:
a. The employee will be assigned to the same position as occupied before the sign-
up if that Shift is still open.
b. The employee will be assigned the most similar available position in the same
group or division with similar hours and days off.
c. The employee will be assigned to another group or division with similar hours
and days off.
d. The employee will be assigned to the group or division where now working but
to a shift with different hours and/or days off.
e. The employee will be assigned by Management to any open position, preferably
with similar type of equipment (surface, rail, etc.).
[begin deletion] 96. [end deletion] [begin addition] 103. [end addition] On
Leave and Scheduled to Sign Up. Employees on personal leave, sick leave
(including industrial), or special duty, who are scheduled to return to work on
or before thirty (30) days following the date of the sign-up will be allowed to
take part. Employees who are currently on leave must present a doctor's note
of the projected date of return to work in person to the Appointing Officer or
its designee within five (5) working days of the posting of the sign-up.
Management will notify by mail all employees entitled to take part who are off
on extended leaves of absence. Employees on leave who are not scheduled to
return to duty within the prescribed time may not participate in the sign-up.
When such individuals return to work, they will be assigned to an open position
in any group or division, with preference given to seniority and to the same or
like position from which they came.
[begin deletion] 97. [end deletion] [begin addition] 104. [end addition] Changing
Assignments. Employees changing work assignments to another group or division
and who require it will be trained in required aspects of the work of the new
group or division.
[begin deletion] 98. [end deletion] [begin addition] 105. [end addition] Accepted
Performance Levels. An employee who
has signed up for a changed work assignment in another group or division and does
not meet accepted performance levels within three (3) months, but has worked
satisfactorily in another previously assigned worksite, may be allowed to
return to the previously assigned work group or division.
[begin deletion] 99. [end deletion] [begin addition] 106. [end addition] Group
Sign-up (9139). There shall be a group sign-up once each year unless
legitimate operational concerns require postponement of up to three (3)
months. The group sign-up shall include the total number of 9139 positions for
each group and will allow changes in shift hours, locations, and five day work
assignments. Ten (10) days prior to posting, Local 200 will be given
notice of any changes proposed and given an opportunity to discuss the
changes. Proposed changes in duties and responsibilities and substantial
changes in the proportion of shifts with weekend and night working shall be
subject to the formal meet & confer process.
[begin deletion] 100. [end deletion] [begin addition] 107. [end addition] Medical transfers. The employee will provide the necessary
documentation to the Department verifying the extent of the medical problem, the
work limitations, and the expected duration of the disability. The employee may take a medical transfer to the
new group or division going to the bottom of the Board until the next group
sign-up.
[begin deletion] 101. [end deletion] [begin addition] 108. [end addition] Waiting List between Sign-Ups. At the time of a
general Sign-Up, a waiting list shall be established in seniority order for the
Training and Schedules Departments. The list shall be used to fill
vacancies in these departments occurring between Sign-Ups.
[begin deletion] 102. [end deletion] [begin addition] 109. [end addition] Relief Assignments. Relief
assignments shall be filled as they become available by the most senior employee in the classification within the
group on the departmental Vacation Relief list requesting the reassignment,
consistent with the terms of Article II.H. Employees in relief assignments
shall be offered, by seniority order, the reassignment to any permanent opening
as it becomes available, providing the Department elects to fill the opening.
a. On Wednesday of each week, the shifts requiring relief assignments lasting at
least one week starting the following week will be posted for sign-up from
among those who have bid for relief positions. Such individual signing up for a
shift shall maintain his/her bid for days off.
b. When, in the opinion of the Appointing Officer or its designee, exceptional
circumstances require that the most senior person who bid for a particular shift
is not allowed to cover that shift, the Appointing Officer or its designee shall
inform Local 200, and at the request of Local 200, an immediate meeting will
be held to review the reasons why the most senior person is not allowed to work
the shift.
c. Reassignment to a permanent opening occurring between sign-ups will be
offered, should the Department choose to fill the position, to those employees
within the classification in the group on the relief assignment list in seniority
order.
[begin deletion] 103. [end deletion] [begin addition] 110. [end addition] Minimum Break between Relief Shifts
and Block Shifts. The Department and Local
200 agree that changing work hours from day to night work during the course of
a work week can affect the health and safety of employees and should be
minimized to the extent possible. Except in emergencies, the Department shall
make a best effort to arrange breaks of not less than nine (9) hours between
the end of an assigned shift and the beginning of the next assigned shift
within each week of five (5) consecutive work days.
[begin deletion] 104. [end deletion] [begin addition] 111. [end addition] Short Term Reassignments for classifications
9139 and 9140. Short term temporary or emergency reassignments within a
classification or to another classification necessary to maximize public
service may not exceed 100 calendar days. The selection of employees for such
reassignments shall be by seniority, provided the employee has the capacity to
perform in that assignment, or can be trained for such assignment in fifteen
(15) working days or less. In the event the employee is not fully trained
within fifteen (15) working days after training has been provided, the
Department may reassign the next senior employee.
[begin deletion] 105. [end deletion] [begin addition] 112. [end addition] No employee covered by this
Agreement may assign classification 9163 Transit Operators to perform the work
of classification 9139 Transit Supervisor, except in emergencies and then only
for the duration of such emergency.
[begin deletion] 106. [end deletion] [begin addition] 113. [end addition] Assignment of 9140 Transit Manager
I. Assignment of employees in classification 9140 to particular work duties
and/or shifts shall be made by the Appointing Officer or its designee based on
the skills, experience, good interpersonal relations and work record of each
individual. Seniority shall control the assignment, however seniority shall
not control the assignment, or be the single determining factor, if the skills,
types of experience, good interpersonal relations and work record of the less
senior candidate are considerably better suited, based upon these criteria, to
achieve important operational objectives. The Appointing Officer or its
designee may reassign persons at any time based on these criteria.
[begin deletion] 107. [end deletion] [begin addition] 114. [end addition] Reassignments may also occur as a result of
vacancies in the 9140 class. Any 9140 employee interested in an open position
shall request in writing that he or she be considered. Such reassignments
shall be made within the criteria stated above.
[begin deletion] 108. [end deletion] [begin addition] 115. [end addition] Central Control Staffing. Adequate staffing at
Central Control on weekends requires a person to work the 10 am to 6 p.m.
shift. In the absence of such a person, the Transit Manger I will work the
consoles during break schedules.
[begin deletion] 109. [end deletion] [begin addition] 116. [end addition] Assignment of 7412 Automotive
Service Worker Assistant Supervisor. Automotive Service Worker Assistant
Supervisors may bid for shifts or locations by seniority, including newly
created or vacant positions. When a 7412 fills a position as a result of a
bid, he or she may not bid for another position until one year has elapsed,
except when the Department, at its discretion, decides to change a position to
another location or shift. A 7412 whose position is changed would have an
opportunity to bid into any other 7412 position based upon seniority.
[begin deletion] 110. [end deletion] [begin addition] 117. [end addition] As appropriate, and, in the sole
discretion of the Appointing Officer or its designee, a 7412 shall be assigned
to each shift and shop where five (5) or more 7410's are working.
[begin deletion] 111. [end deletion] [begin addition] 118. [end addition] The parties have agreed, in
principle, that the Transit Manager II classification is an appropriate
classification to manage the divisions. This provision shall not supersede nor
is intended to alter the authority of the Civil Service Commission in
determining classification issues.
[begin deletion] 112. [end deletion] [begin addition] 119. [end addition] There shall be maintained only one official
personnel file for an employee, and the employee shall have access to the file
to review the file during normal working hours, upon reasonable request. The
personnel files for employees covered by this CBA shall be maintained at the
Personnel Office.
[begin deletion] 113. [end deletion] [begin addition] 120. [end addition] No material may be entered into the official
personnel file without knowledge of the employee and a copy being given to
him/her. An employee will have the option to sign, date and attach a response
to material entered in his/her personnel file within thirty (30) days of
his/her having knowledge of the entry. Discipline involving less than a
suspension may not be considered for subsequent disciplinary actions after
twelve (12) months. Discipline involving a suspension of five (5)-days or less
may not be considered for subsequent disciplinary actions after eighteen (18)
months. Discipline involving a suspension of greater than five (5)-days may not
be considered for subsequent disciplinary actions after thirty-six (36) months.
Discipline resulting from a chemical dependency violation may not be considered
for subsequent disciplinary actions after sixty (60) months. Subject to the
approval of the Civil Service Commission, the employee may request, in writing,
that any disciplinary documents that may no longer be considered, as described
above, be removed from his/her personnel file. In addition, this provision
shall not apply to employees disciplined for: misappropriating public funds or
property, misusing or destroying public property, using illicit drugs at work
or being under the influence of illicit drugs or alcohol at work, mistreating
other persons, engaging in acts that would constitute a felony or misdemeanor
involving moral turpitude, engaging in acts that present an immediate danger to
the public health and safety, or engaging in immoral acts.
[begin deletion] 114. [end deletion] [begin addition] 121. [end addition] Standards of Performance. Local 200 recognizes the SFMTA’s right
to establish and/or revise performance levels, norms, or standards. Such
standards, developed by usual work measurement procedures, may be used to
determine acceptable performance levels, prepare work schedules, and to measure
the performance of each employee or group of employees.
[begin deletion] 115. [end deletion] [begin addition] 122. [end addition] Employee(s) who work at less than acceptable
levels of performance may be subject to disciplinary measures.
[begin deletion] 116. [end deletion] [begin addition] 123. [end addition] Consistent with the Meyers-Milias-Brown Act and
Article I.B., herein, the SFMTA agrees to meet & confer with Local 200
to discuss the effect of an implementation of revised performance levels, norms
or standards. However, employee performance evaluations may not be grieved or
submitted to arbitration.
[begin deletion] 117. [end deletion] [begin addition] 124. [end addition] Personal Services Contracts. No personal
service contracts shall be approved by the SFMTA for work which normally is, or
which can be, performed by employees or eligibles for Civil Service
classifications covered by this CBA without first meeting and conferring with Local 200, consistent with Article
I.B. herein, and subject to approval of the Civil Service Commission.
[begin deletion] 118. [end deletion] [begin addition] 125. [end addition] [begin addition] At the time the SFMTA issues a Request for
Proposals (“RFP”)/Request for Qualifications (“RFQ”), or thirty (30) days prior
to the submission of a PSC request to the Department of Human Resources and/or
the Civil Service Commission, whichever occurs first, the SFMTA shall notify
the Union of any personal services contract(s), including a copy of the draft
PSC summary form, where such services could potentially be performed by
represented classifications. [end addition]
[begin deletion] 119. [end deletion] [begin addition] 126. [end addition] [begin addition] If the Union [end addition] [begin deletion] and member of the
PEC [end deletion] [begin addition] wishes to meet with SFMTA [end addition] [begin deletion] a department [end deletion] [begin addition] over
a proposed personal services contract, the Union must make its request to SFMTA
Labor Relations [end addition] [begin deletion] the appropriate department [end deletion] [begin addition] within two weeks
after the Union’s receipt of SFMTA’s [end addition] [begin deletion] the department’s [end deletion] [begin addition] notice.
The parties may discuss possible alternatives to contracting or subcontracting
and whether [end addition] [begin deletion] the department [end deletion] [begin addition] SFMTA’s staff has the
expertise and/or facilities to perform the work. Upon request by the [end addition] [begin deletion] affected [end deletion] [begin addition] Union, the [end addition] [begin addition] SFMTA shall make available for inspection
any and all pertinent background and/or documentation relating to the service
contemplated to be contracted out. [end addition]
[begin deletion] 120. [end deletion] [begin addition] 127. [end addition] [begin addition] In order to ensure that the parties are
fully able to discuss their concerns regarding particular proposed contracts,
the SFMTA agrees that it will take all appropriate steps to ensure that parties
(excluding the Board of Supervisors and other boards or commissions) who are
responsible for the contracting-out decision(s) are present at the meeting(s)
referenced in paragraph 2. [end addition]
[begin deletion] 121. [end deletion] [begin addition] 128. [end addition] [begin addition] The SFMTA agrees to provide the Union with
notice(s) of [end addition] [begin deletion] departmental commissions [end deletion] [begin addition] SFMTA Board and Civil
Service Commission meetings during which proposed personal services contracts are
calendared for consideration, where such services could potentially be
performed by represented classifications. [end addition]
[begin deletion] 122. [end deletion] [begin addition] 129. [end addition] [begin addition] Existing language in MOUs which provide
additional notice and/or otherwise enhanced provisions shall not be superseded
by the language in this section. [end addition]
[begin addition] Advance Notice to Employee Organizations of the Construction/Maintenance or Job Order Contracts. [end addition]
129. [begin addition] At the time the SFMTA issues an invitation for a Construction Bid and Specifications, the SFMTA shall notify the union with copy to the San Francisco Building Trades Council of any construction/maintenance or job order contract(s), where such services could potentially be performed by represented classifications. [end addition]
130. [begin addition] If an employee organization wishes to meet with the
SFMTA over a proposed construction/maintenance contract, the employee
organization must make its request to SFMTA Labor Relations [end addition] [begin deletion] the
appropriate department w [end deletion] [begin addition] within two weeks after the receipt of the
SFMTA’s notice. The parties may discuss possible alternatives to contracting or
subcontracting and whether SFMTA staff has the expertise and/or facilities to
perform the work. Upon request by the employee organization, the SFMTA shall
make available for inspection any and all pertinent background and/or
documentation relating to the service contemplated to be contracted out. [end addition]
131. [begin addition] In order to ensure that the parties are fully able to discuss their concerns regarding particular proposed contracts, the SFMTA agrees that it will take all appropriate steps to ensure that parties (excluding the Board of Supervisors and other boards and commissions) who are responsible for the contracting-out decision(s) are present at the meeting(s) referenced above. [end addition]
132. [begin addition] The SFMTA agrees to provide the San Francisco Building Trades Council with notice(s) of SFMTA Board and Civil Service Commission meetings during which proposed construction/maintenance contracts are calendared for consideration, where such services could potentially be performed by represented classifications. [end addition]
130. [begin addition] SFMTA will participate in the City-wide joint labor management committee on personal service and construction/maintenance contracts. [end addition]
[begin deletion] a. [end deletion] [begin deletion] Review areas of General Fund and Enterprise PSCs and other city
contracts, including construction/maintenance contracts, affecting members with
the goal of ensuring appropriate use of Civil Service classifications. [end deletion]
[begin deletion] b. [end deletion] [begin deletion] Explore establishing workload forecasting by city departments. [end deletion]
[begin deletion] c. [end deletion] [begin deletion] Review PSC processes, form(s) and tracking of PSCs, and RFP
notice requirements and recommended improvements. [end deletion]
[begin deletion] d. [end deletion] [begin deletion] Existing committees set out in individual union MOUs shall
continue as sub-committees under this provision but shall take on specific
areas of concern so as to avoid redundant efforts. Parties agree to set meeting
agendas in advance to increase efficiency. [end deletion]
[begin deletion] The
Committee will be comprised of eight (8) members of the PEC and eight (8) City
representatives. Release time is to be provided for work of the Committee. The
Committee will complete its work by June 30, 2012.The CitySFMTA and the PEC
shall form a joint labor management committee on personal service and
construction/maintenance contracts to do the following: [end deletion]
[begin deletion] Review areas of General Fund and Enterprise PSCs and
other city contracts, including construction/maintenance contracts, affecting
members with the goal of ensuring appropriate use of Civil Service
classifications. [end deletion]
[begin deletion] Explore establishing workload forecasting by city
departments. [end deletion]
[begin deletion] Review PSC processes, form(s) and tracking of PSCs, and
RFP notice requirements and recommended improvements. [end deletion]
[begin deletion] Existing committees set out in individual union MOUs
shall continue as sub-committees under this provision but shall take on
specific areas of concern so as to avoid redundant efforts. Parties agree to
set meeting agendas in advance to increase efficiency. [end deletion]
[begin deletion] The Committee will be comprised of eight (8) members of
the PEC and eight (8) City representatives. Release time is to be provided for
work of the Committee. The Committee will complete its work by June 30, 2012. [end deletion]
[begin deletion] 124. [end deletion] [begin addition] 131. [end addition] Equal Access to Training Opportunities. Other
than training required by management, access to training opportunities shall be
provided equitably to all employees who indicate their willingness to
participate in such training. As provided under Article I.B., the Appointing
Officer, or its designee, and Local 200's
representatives will meet & confer to develop the process for the fair and
equitable selection of training candidates.
[begin deletion] 125. [end deletion] [begin addition] 132. [end addition] Notice of Training Opportunities. The
Appointing Officer, or its designee, shall post announcements of all training
opportunities affecting positions within Local 200's
jurisdiction in a mutually agreeable, accessible location.
[begin deletion] 126. [end deletion] [begin addition] 133. [end addition] Review of Training and Promotional
Opportunities. Any employee(s), with the assistance of Local 200, may discuss the issue of training opportunities
and future potential promotion with the appropriate representative of the
Department.
[begin deletion] 127. [end deletion] [begin addition] 134. [end addition] EEO Training. The Department will offer
training to managers and supervisors in the area of equal employment
opportunity and discrimination.
[begin deletion] 128. [end deletion] [begin addition] 135. [end addition] SFMTA Employees shall be offered a minimum of
twenty (20) hours of job related training each year. Training will be at the
discretion of the Appointing Officer. In recognition of the importance of
Homeland Security and contingent upon availability of Federal Funding, security
training will be given top priority.
[begin deletion] 129. [end deletion] [begin addition] 136. [end addition] Both Union and management agree that problems
should be resolved expeditiously at the lowest possible administrative level
and that effective communications and collaborative problem-solving is
conducive to creating and maintaining a positive work environment. This in
turn enhances employee morale, increases productivity and improves customer
service. The parties agree to establish an Operations Division Joint Labor
Management Board (“JLMB”). The JLMB shall consist of an equal number of Union
and management representatives to be determined by the parties. The purpose of
the JLMB shall be to provide the parties with a forum for discussion of
important non-contractual matters of mutual concern including: formulation of
major management policies that affect the Local 200 membership, the
effects of budgetary reductions on the Division, major restructurings of the
Division, employee training and education, establishment of new civil service
classifications, health and safety issues. The JLMB will be charged with
acknowledging the topics of concern as enumerated in Article IV.A. (Health
& Safety), herein. The JLMB shall jointly plan and recommend programs
and/or solutions to problems in these areas. The JLMB shall meet at least
monthly, or on the call of either party, and shall make a good faith effort to
resolve issues brought before the JLMB. Matters presented to the JLMB may not
be grieved or submitted to arbitration, except as provided by law.
Disciplinary grievances and matters involving the claims of individual
employees shall not be presented to the JLMB. However, the consideration of an
issue by the JLMB shall not preclude an employee from pursuing a grievance
relating to such issue regarding any action by management that otherwise
constitutes a violation of this CBA. Matters that appear on the agenda and are
not resolved after two (2) consecutive meetings shall be dropped or forwarded
to the UMM for consideration, unless continued by mutual agreement.
Operations Division Union/Management Meetings (UMM):
[begin addition] [begin deletion] 130. [end deletion] 137. Both Union
and management agree that problems should be resolved expeditiously and at the
lowest possible administrative level. The parties agree to establish an
Operations Division Union/Management Meeting to address unresolved,
non-contractual issues affecting employees represented by the Union that have
not been resolved through the JLMB process. This UMM forum shall consist of an
equal number of Union and management representatives to be determined by the
parties. Representatives from other departments may be requested to attend the
UMM regarding matters on the agenda which are relevant to their functions. The
UMM shall meet at least quarterly, or on the call of either party, and shall
make a good faith effort to resolve issues brought before the UMM. Matters
presented to the UMM may not be grieved or submitted to arbitration, except as
provided by law. Disciplinary grievances and matters involving the claims of
individual employees shall not be presented to the UMM. However, the
consideration of an issue by the UMM shall not preclude an employee from
pursuing a grievance relating to such issue regarding any action by management
that otherwise constitutes a violation of this CBA. Matters which appear on
the agenda and are not resolved after two (2) consecutive meetings shall be
dropped, unless continued by mutual agreement.
[begin deletion] 131. [end deletion] [begin addition] 138. [end addition] Seniority, for the purpose of this Article, is
defined as the length of continuous service determined from the day of
certification to a permanent position in a classification as described in
Article I.A.
[begin deletion] 132. [end deletion] [begin addition] 139. [end addition] For classification 7412, seniority shall control
in the filling of vacancies within a classification by reassignment and the
assignment of shifts, days off and overtime. Seniority for classification 9139
in respect to assignment and reassignment is addressed in Article II.C.
[begin deletion] 133. [end deletion] [begin addition] 140. [end addition] Employees covered by this CBA permanently
promoted to another classification or receiving any non-permanent appointment
may retain their seniority in their original classification in case of return
to that position within one (1) year. After one year, promoted employees
returning to their original classification shall return to the level of
seniority reached at the time of their promotion.
[begin deletion] 134. [end deletion] [begin addition] 141. [end addition] Seniority for the purposes of vacation sign-ups
shall be computed on the basis of the date of hire with the CITY and County of
San Francisco. Where there are more than one employee with the same date of
hire, the date of hire in the classification and the position on the Civil
Service list shall determine the order for sign-up.
[begin deletion] 135. [end deletion] [begin addition] 142. [end addition] The probationary period shall be one year, as
defined and administered by the Civil Service Commission.
[begin addition] II J. [end addition] [begin deletion] Layoff Limitations [end deletion] [begin addition] LAYOFF
LIMITATIONS [end addition]
143. [begin addition] Spring 2010: Between the date of this Agreement and
December 31, 2010, inclusive, SFMTA will not initiate any layoffs of employees [end addition] [begin deletion] represented
by member unions of the PEC [end deletion] [begin addition] covered by this Agreement that result in
complete loss of SFMTA employment, However, any notices issued previously as a
result of the service modifications will proceed. [end addition] [begin deletion] The member unions
of the PEC are as follows: [end deletion]
144. [begin addition] Spring 2011: Between January 1, 2011 and June 30,
2011, the SFMTA may lay off employees covered by this Agreement [end addition] [begin deletion] represented
by member unions of the PEC [end deletion] [begin addition] only if the SFMTA Board projects an
operating deficit $20 million or more for the current fiscal year as verified
by the Controller’s Office. [end addition]
145. [begin addition] Fiscal Year 2011-12: The SFMTA may lay off employees represented by members of the PEC or the PEC only if the SFMTA Board projects an operating deficit $20 million or more as of [date] for that Fiscal Year. as verified by the Controller’s Office. [end addition]
[begin addition] The SFMTA will provide the
Public Employees Committee of the San Francisco Labor Council ("PEC")
with complete and current Budget Information (as defined in paragraph 14 [begin deletion] 3 [end deletion] 5
below) supporting the need, if any, for layoffs. Immediately after issuing any
such layoff notices, the SFMTA will schedule a meeting with the PEC. At least
one week prior to the scheduled meeting, the SFMTA will provide the required
Budget Information. This meeting will be in addition to meet and confer
sessions required by MMBA and/or MOU. The purpose of the PEC meeting will be
to identify alternatives to additional job loss (including, but not limited to,
reductions in SFMTA contracts and measures to increase SFMTA revenue) and to
minimize the number and impact of any necessary additional layoffs. [end addition]
146. [begin addition] “Budget Information”, for purposes of this Agreement,
shall mean complete copies of all budget reports provided to the SFMTA Board in
open session, and confirmed by an expert selected and paid by the PEC. The
expert shall be given access to [end addition] [begin deletion] SFMTA shall provide the expert with [end deletion] [begin addition] supporting
information for [end addition] [begin deletion] its [end deletion] [begin addition] SFMTA's budget reports, aggregate
payroll costs by bargaining unit, [end addition] [begin deletion] and [end deletion] [begin addition] the total number of
FTEs within the appropriate bargaining unit and information on any balancing
solution proposed to address deficits. [end addition]
147. [begin addition] Nothing in this Agreement shall waive or prejudice the
right or position of the SFMTA or [end addition] [begin deletion] any PEC member [end deletion] [begin addition] the union
with respect to layoffs and rights granted by Charter, the Civil Service
Commission, MOU, or state law. Nothing in this Agreement shall prevent an
employee laid off from another department or from the School or Community
College Districts from displacing a covered SFMTA employee pursuant to the
City's rules regarding seniority and bumping. [end addition]
[begin deletion] 148. [end deletion] [begin deletion] – Spring 2010: Between the date of this Agreement and
June 30, 2010, inclusive, layoffs of employees represented by member unions of
the PEC that result in complete loss of SFMTA employment will be limited to
zero for this period. However, any notices issued previously as a result of the
service modifications will proceed. [end deletion]
[begin deletion] 149. [end deletion] [begin deletion] Fall 2010: Between July 1, 2010 and December 31, 2010,
inclusive, there will be no layoff for employees represented by member unions
of the PEC. [end deletion]
[begin deletion] 150. [end deletion] [begin deletion] Spring 2011: Between January 1, 2011 and June 30,
2011, the SFMTA may layoff employees represented by member unions of the PEC
only if the SFMTA Board projects an operating deficit $20 million or more as
verified by the Controller’s Office. [end deletion]
[begin deletion] 151. [end deletion] [begin deletion] Fiscal Year 2011-12: The SFMTA may layoff employees
represented by members of the PEC or the PEC only if the SFMTA Board projects
operating deficit $20 million or more as verified by the Controller’s Office. [end deletion]
[begin deletion] 152. [end deletion] [begin deletion] In either such event, the SFMTA will provide the PEC
with complete and current Budget Information (as defined in Paragraph 154
below) supporting the need for additional layoffs. Immediately after issuing
any such layoff notices, the SFMTA will schedule a meeting with the PEC. At
least one week prior to the scheduled meeting, the SFMTA will provide the
required Budget information. This meeting will be in addition to meet and
confer sessions required by MMBA and/or MOU. The purpose of the PEC meeting
will be to identify alternatives to additional job loss (including, but not
limited to, reductions in SFMTA contracts and measures to increase SFMTA
revenue) and to minimize the number and impact of any necessary additional
layoffs. [end deletion]
[begin deletion] 153. [end deletion] [begin deletion] “Budget Information”, for purposes of this Agreement,
shall mean complete copies of all reports provided to the SFMTA Board, and
confirmed by an expert selected and paid by the PEC. The expert shall be given
access to SFMTA financial records, aggregate payroll costs by bargaining unit
and the total number of FTEs within the appropriate bargaining unit and
information on any balancing solution proposed to address deficits. [end deletion]
[begin deletion] 154. [end deletion] [begin deletion] Nothing in this Agreement shall waive or prejudice the
right or position of the SFMTA or any PEC member union with respect to layoffs
and rights granted by Charter, the Civil Service Commission, MOU, or state law. [end deletion]
[begin addition] II.K. [end addition] [begin deletion] Prop F and Temporary Exempt [end deletion] [begin addition] PROP F AND TEMPORARY EXEMPT [end addition]
[begin deletion] 143. [end deletion] [begin addition] 155. [end addition] [begin deletion] [begin addition] – [end addition] [end deletion] [begin deletion] The Deputy Director of
Human Resources [end deletion] [begin addition] SFMTA agrees to work with the City's Department of
Human Resources ("DHR") [end addition] [begin deletion] the divisions [end deletion] [begin addition] to ensure
proper utilization of Proposition F and temporary exempt (“as needed”)
employees when such positions would more appropriately or efficiently be filled
by permanent employees. In addition, the SFMTA will work with DHR [end addition] [begin deletion] the
Department of Human Resources [end deletion] [begin addition] to notify holdovers in represented
classifications of any recruitment for exempt positions in their
classifications. [end addition]
[begin deletion] 144. [end deletion] [begin addition] 156. [end addition] [begin addition] It is understood that to the degree
increased utilization of such employees my be required in certain represented
classifications to provide staffing coverage due to employees taking additional
time off as described herein, such work will be offered to holdovers in such
represented classifications. [end addition]
[begin addition] II.L. [end addition] [begin deletion] Reorganization [end deletion] [begin addition] REORGANIZATION [end addition]
144. [begin deletion] [begin addition] – [end addition] [end deletion] [begin addition] Upon ratification by [end addition] [begin deletion] each
PEC-member [end deletion] [begin addition] the union of this MOU, [end addition] [begin deletion] amendments implementing
this agreement, [end deletion] [begin addition] the SFMTA agrees to rescind all layoffs first noticed
for members of that union on or about March 5, 2010. The SFMTA further agrees
not to effectuate the plan of Reorganization described in the Mayor’s letter of
March 2, 2010 to [end addition] [begin deletion] SFMTA [end deletion] [begin addition] City employees (March 2010
Reorganization Plan), and not to implement a reorganization plan similar in
scope and impact-prior to July 1, 2012. Neither the SFMTA nor [end addition] [begin deletion] any
individual employee organization [end deletion] [begin addition] the union waives its rights or
arguments regarding the legality of the March 2010 Reorganization Plan. Upon
ratification, [end addition] [begin deletion] each PEC-member [end deletion] [begin addition] the union agrees to withdraw
any pending grievances, administrative (including PERB) charges or litigation
containing any claims relating to the March 2010 Reorganization Plan or actions
taken or not taken in connection with the plan. [end addition]
145. [begin addition] Prior to July, 2012, the SFMTA agrees not to effectuate any new reorganization plan that lays off employees in a classification while assigning the work formerly performed by those laid off employees to a similar number of new positions in a classification with a lower pay grade. [end addition]
146. [begin addition] Prior to July 1, 2012, as required by MMBA and/or MOU, the SFMTA and the union will meet and confer over the impact of any work reorganization that result in a layoff, and will at that time consider whether alternatives to layoffs exist. [end addition]
147. [begin addition] Nothing in this Agreement shall waive or prejudice the
right or position of the SFMTA or [end addition] [begin deletion] any PEC member [end deletion] [begin addition] the union
with respect to layoffs and rights granted by the Charter, Civil Service
Commission, MOU, or state law. [end addition]
148. No employee of the San Francisco Municipal Transportation Agency shall knowingly sign up or bid for an assignment that reports directly to or directly supervises the employee's spouse, domestic partner, parent or child. SFMTA management shall not knowingly assign an employee to such a position. If an employee is in such a position on July 1, 2001, or, if changes occur that cause an employee to be in such a position during the term of this Agreement (including but not limited to organizational restructuring, changes in familial relationships, or changes in reporting relationships caused by operation of the Civil Service rules), the following shall occur: the first represented employee of the two affected employees who has an opportunity to sign up, bid for, or be assigned to a different assignment for which he or she possesses the appropriate qualifications shall be required to do so. This provision is not intended to affect the rights of any employee under the Civil Service rules.
[begin deletion] 149. [end deletion] [begin deletion] Effective April 5, 2008, an across the board increase
of two percent (2.0%) shall be conferred. [end deletion]
[begin deletion] 150. [end deletion] [begin deletion] Effective April 4, 2009, an across the board increase
of three and three quarters percent (3.75%) shall be conferred. [end deletion]
151. All base wage increases shall be rounded to the nearest salary grade.
[begin deletion] Internal Adjustments [end deletion]
[begin deletion] 152. [end deletion] [begin deletion] Effective July 1, 2007, there shall be a one-time, two
percent (2%) internal adjustment for employees in Class 9140 Transit Manager I,
Class 9141 Transit Manager II and Class 8121 Fare Inspections Supervisor/Investigator. [end deletion]
[begin deletion] 153. [end deletion] [begin deletion] Unpaid Furlough – One (1) unpaid furlough day will be
taken by each bargaining unit member between June 30, 2009 and June 30, 2010. [end deletion]
[begin deletion] Unpaid Furlough Days in FY
2010-11 and 2011-12 [end deletion]
[begin deletion] 149. [end deletion] [begin deletion] Covered employees shall take [end deletion] [begin deletion] twelve (12) [end deletion] [begin deletion] unpaid
furlough days in fiscal year 2010 [end deletion] [begin deletion] -2011 [end deletion] [begin deletion] and up to twelve (12) unpaid furlough days in fiscal year 2011-2012 with the
total amount of unpaid furlough days in fiscal year 2011-2012 based on specific
economic triggers set forth in paragraph 157 below, using the following
procedure [end deletion] [begin deletion] s: [end deletion]
[begin deletion] 150. [end deletion] [begin deletion] a. [end deletion] [begin deletion] Employees [end deletion] [begin deletion] may take unpaid furlough days in hourly increments, subject to a four-hour
minimum. [end deletion]
[begin deletion] 151. [end deletion] [begin deletion] b. [end deletion] [begin deletion] All
unpaid furlough days must be scheduled no less than 5 working days in advance, [end deletion] [begin deletion] subject to prior
scheduling approval of the Appointing Officer or designee [end deletion] [begin deletion] . [end deletion]
[begin deletion] 152. [end deletion] [begin deletion] c. [end deletion] [begin deletion] Subject to the operational needs of
the department, covered [end deletion] [begin deletion] employees [end deletion] [begin deletion] shall take one (1) mandatory unpaid furlough day on the day before the
Thanksgiving Holiday and the four (4) mandatory unpaid furlough days during the
weekdays between the Christmas and New Year’s Day holidays. [end deletion]
[begin deletion] 153. [end deletion] [begin deletion] The SFMTA will evaluate divisions for which Minimum
Staffing Days are appropriate. Minimum Staffing Days may take the form of
complete closures or minimum staffing. On or before August 1, 2010
and August 1, 2011, the SFMTA will notify the PEC which divisions have been
slated for Minimum Staffing Days and/or reduced staffing. If the PEC has any
concerns regarding the list, it must make its concerns known to SFMTA within
fourteen (14) calendar days. SFMTA agrees to discuss any concerns raised by
the PEC via this process. If the PEC finds SFMTA’s response inadequate,
it may elevate its concerns to the Mayor, who will be the final arbiter of any
such dispute. The Minimum Staffing Days currently identified and agreed to
by the SFMTA and the PEC are the non-holiday work days between
Christmas and New Years and the Wednesday prior to the Thanksgiving
weekend – five (5) days. [end deletion]
[begin deletion] 154. [end deletion] [begin deletion] d. [end deletion] [begin deletion] If more than half of the remaining
unpaid furlough days in each fiscal year are not scheduled on or before January
15 in each respective fiscal year, the supervisor will schedule any remaining
days in consultation with the employee. All remaining furlough days not
scheduled [end deletion] [begin deletion] on [end deletion] [begin deletion] or before May 1 in each respective fiscal year will be scheduled by the
supervisor. [end deletion] [begin deletion] The Employee and Labor Relations Manager will be available
to assist in the resolution of disputes over scheduling of furlough days. If
an employee does not submit a request for furlough days (or if he/she does not
cooperate in the resolution of any dispute over scheduling of furlough days),
days off will be assigned to him/her by management. [end deletion]
[begin deletion] 155. [end deletion] [begin deletion] e. [end deletion] [begin deletion] Employees
may elect to use unpaid furlough days on any day(s) when SFMTA notifies
employees that there are inclement weather [end deletion] [begin deletion] conditions [end deletion] [begin deletion] , lack of work, [end deletion] [begin deletion] shortage [end deletion] [begin deletion] of supplies,
traffic conditions, or other unusual circumstances [end deletion] [begin deletion] . [end deletion]
[begin deletion] 156. [end deletion] [begin deletion] f. [end deletion] [begin deletion] For the purpose of determining
eligibility for overtime payment, the unpaid furlough days in paragraph 149
shall be considered time worked. [end deletion]
[begin deletion] 157. [end deletion] [begin deletion] If by September 1, 2011
SFMTA restores the service reduction in Muni service which was implemented on
May 8, 2010, the parties agree to reduce the number of unpaid furlough days to
six (6). [end deletion]
[begin deletion] 158. [end deletion] [begin deletion] The parties agree to reduce the number of unpaid
furlough days during Fiscal Year 2011-12 to zero (0) and discontinue other
concessions if all of the following conditions have been met by September 1,
2011: (a) the May 8, 2010 service reduction has been restored in full; (b) the
reserves have been restored to at least $16 million; and (c) the
Agency has received an additional $20 million in State Transit Assistance
(STA) Program funding., [end deletion]
[begin deletion] All base
wage calculations shall be rounded to the nearest salary gradeEmployees shall
contribute the value of twelve (12) unpaid furlough days during each fiscal
year of the Agreement. The SFMTA’s current payroll system requires wages to be
calculated and paid in increments of one-quarter percent (.25%). Implementation
of the annual four and sixty-two one hundredths percent (4.62%) wage concession
associated with the value of twelve furlough days through uniform smoothing of
base wages. shall occur as follows: [end deletion]
[begin deletion] 154. [end deletion]
[begin deletion] Effective
July 1, 2010 through close of business July 8, 2011, wages shall be reduced by
4.50%. [end deletion]
[begin deletion] Effective
July 9, 2011 through close of business June 8, 2012, wages shall be temporarily
reduced by up to 5%, which represents an adjustment equivalent to the value of
twelve (12) furlough days. [end deletion]
[begin deletion] However,
if by September 1, 2011 SFMTA restores the service reduction in Muni service
which was implemented on May 8, 2010, the parties agree to reduce the number of
unpaid furlough days to six (6) [end deletion]
[begin deletion] If the May
8, 2010 service reduction has been restored, the reservis have been restored to
at least $16 million and the Agency has received an additional $20 million in
State Transit Assistance (STA) Program funding by September1, 2011, the parties
agree to reduce the number of unpaid furlough days to zero (0) and discontinue
other concessions. [end deletion]
[begin deletion] 155. [end deletion] [begin deletion] All base wage calculations shall be rounded to the
nearest salary schedule. All wages shall be restored to their orginal levels,
(i.e., as if the concessions as provided herein had not been made), on June 9,
2012 [end deletion]
[begin deletion] For Fiscal
Years 2010=11 abd 2011-12 only, vacation and vested sick leave payments for
employees who elect involuntary layoff will not reflect reductions in an
employee’s hourly rate that were implemented in accordance with this Section. [end deletion] [begin addition] E [end addition] [begin addition] mployees shall contribute
the value of twelve (12) unpaid furlough days during each fiscal year of
the Agreement. The SFMTA’s current payroll system requires wages to be
calculated and paid in increments of one-quarter percent (.25%). Implementation
of the annual four and sixty-two one hundredths percent (4.62%) wage concession
associated with the value of twelve furlough days [end addition] [begin addition] through uniform smoothing of base
wages. [end addition]
[begin deletion] 156. [end deletion]
[begin addition] 150.Effective July 1, 2010 through close of business July 8, 2011, wages shall be temporarily reduced by 4.50%. [end addition]
[begin addition] 151.Effective July 9, 2011 through close of business June 8, 2012, wages shall be temporarily reduced by up to 5%, which represents an adjustment equivalent to the value of twelve (12) furlough days. [end addition]
[begin addition] 152.However, if by September 1, 2011 SFMTA restores the service reduction in Muni service which was implemented on May 8, 2010, the parties agree to reduce the number of unpaid furlough days to six (6) [end addition]
[begin addition] 153.If the May 8, 2010 service reduction has been restored, the reservis have been restored to at least $16 million and the Agency has received an additional $20 million in State Transit Assistance (STA) Program funding by September1, 2011, the parties agree to reduce the number of unpaid furlough days to zero (0) and discontinue other concessions. [end addition]
157. [begin addition] All base wage calculations shall be rounded to the nearest salary schedule. All wages shall be restored to their orginal levels, (i.e., as if the concessions as provided herein had not been made), on June 9, 2012 [end addition]
[begin deletion] 158. [end deletion] [begin addition] For
Fiscal Years 2010-11 and 2011-12 only, vacation and vested sick leave payments
for employees who elect involuntary layoff will not reflect reductions in an
employee’s hourly rate that were implemented in accordance with this Section. [end addition]
[begin deletion] 157. [end deletion] [begin addition] 159. [end addition] Normal Work Schedule. The normal work day is a
tour of eight (8) hours to be completed in nine (9) hours. The normal work
week is a tour of duty on each of five (5) consecutive days.
[begin deletion] 158. [end deletion] [begin addition] 160. [end addition] Any employee(s) may choose to work a daily
shift, where such a shift may be offered, consisting of not more than ten (10)
hours. Said employee(s) must then have a tour of duty consisting of four (4)
consecutive days of work and three (3) consecutive days off. Overtime shall be
paid for all work in excess of ten (10) hours daily and/or forty (40) hours
weekly.
[begin deletion] 159. [end deletion] [begin addition] 161. [end addition] Compensation fixed herein on a per diem basis is
for a normal eight hour work day; and on a bi-weekly basis for a bi-weekly
payroll period of service consisting of a normal work schedule.
[begin deletion] 160. [end deletion] [begin addition] 162. [end addition] For the purpose of computing hours of work, work
time will include: (1) all regularly scheduled work required by the job;
(2) in addition to (1), above, all work performed at the request of the
employee(s)’ supervisor or manager; (3) time spent by designated
representatives of Local 200 in
meetings pursuant to Employee Relations Ordinance Section 16.219; (4) time
spent by a designated representative of Local 200
representing employee(s) covered by this CBA in the grievance procedure; (5)
time spent in court appearances while conducting business related to the
Department; (6) time spent on jury duty.
[begin deletion] 161. [end deletion] [begin addition] 163. [end addition] An employee who is required to serve on a jury
or report to Court for jury duty on her/his regular day off shall be considered
to have the following Saturday as an assigned day off if the regular day off
lost was Monday or Tuesday, and shall be considered to have Sunday as an
assigned day off if the regular day off lost was Wednesday, Thursday or Friday.
[begin deletion] 162. [end deletion] [begin addition] 164. [end addition] Statutory holidays shall be counted as hours
actually worked.
[begin deletion] 163. [end deletion] [begin addition] 165. [end addition] All compensation shall be calculated upon the
hours actually worked proportionate to the compensation for a normal work
schedule.
[begin deletion] 164. [end deletion] [begin addition] 166. [end addition] Fulltime SFMTA employees on approved sick pay,
vacation or compensatory time off shall be given the option of receiving either
eight (8) hours pay or an amount equivalent to their regularly scheduled shift
hours, from their sick or vacation credits or compensatory time earned
balances.
[begin deletion] 165. [end deletion] [begin addition] 167. [end addition] The SFMTA and Local 200 agree that the
following rates of premium pay shall apply to those positions agreed by the
parties to be eligible for premium pay. All premium pay shall be for hours
actually worked. Premiums shall be calculated against the employee’s base rate
of pay and may not be pyramided.
[begin deletion] 166. [end deletion] [begin addition] 168. [end addition] NIGHT DUTY EMPLOYEES shall be paid eight and
one-half percent (8.5%) more than the base rate for each hour actually worked
between 5:00 p.m. and 12:00 a.m. (swing), except for those employees working a
normal shift in excess of eight (8) hours per day that requires work between
the hours of 5:00 p.m. and 12:00 a.m. Employees working at least five (5)
hours of their regular shift between 5:00 p.m. and 12:00 a.m. shall receive the
8.5% differential for the entire shift. Night shift premium shall be paid only
for days and hours actually worked, as set forth above, except for statutory
holidays and vacation days.
[begin deletion] 167. [end deletion] [begin addition] 169. [end addition] Employees shall be paid ten percent (10%) more
than the base rate for each hour actually worked between 12:00 a.m. and 7:00
a.m. (graveyard), except for those employees working a normal shift in excess
of eight (8) hours per day that requires work between the hours of 12:00 a.m.
and 7:00 a.m. Employees working at least five (5) hours of their regular shift
between 12:00 a.m. and 7:00 a.m. shall receive the 10% differential for the
entire shift. Night shift premium shall be paid only for days and hours
actually worked, as set forth above, except for statutory holidays and vacation
days.
[begin deletion] 168. [end deletion] [begin addition] 170. [end addition] Employees who, as part of the duties of their
positions are required by the Appointing Officer to stand by when normally off
duty to be instantly available on call for immediate emergency service for the
performance of their regular duties, shall be paid twenty-five (25%) percent of
their regular straight time rate of pay for the period of such standby service,
except that employees shall be paid ten (10%) percent of their regular straight
time rate of pay for the period of such standby service when outfitted by the
Department with an electronic paging device. When such employees are called on
to perform their regular duties in emergencies during the period of such
standby service, they shall be paid while engaged in such emergency service the
usual rate of pay for such service as provided herein. Notwithstanding the
general provisions of this section, standby pay shall not be allowed in classes
whose duties are primarily administrative in nature.
[begin deletion] 169. [end deletion] [begin addition] 171. [end addition] No employee shall be compensated for standby
service unless the Appointing Officer or its designee assigns said employee to
such standby service.
[begin deletion] 170. [end deletion] [begin addition] 172. [end addition] [begin deletion] a [end deletion] . Central Control Pay. After
certification, all employees working in Central Control shall receive an
increase of one-half step on the salary grade (2.5%).
[begin deletion] 171. [end deletion] [begin addition] 173. [end addition] [begin deletion] b. [end deletion] Safety and Training and
Scheduling Pay. Employees in classification 9139 assigned to the Safety and
Training Department and Scheduling Department shall receive a training premium
of One Dollar and Fifty cents ($1.50) per hour but such premium shall be
payable only for days and hours actually worked.
[begin deletion] 172. [end deletion] [begin addition] 174. [end addition] [begin deletion] c. [end deletion] Saturday and Sunday Premium
for Class 7412 Automotive Service Worker Assistant Supervisors. When Saturday
is worked as part of the scheduled forty (40) hour work week, it shall be paid
at the straight time rate, with an additional premium of six percent (6%) of
the base rate. When Sunday is worked as part of the scheduled forty (40) hour
work week, it shall be paid at the straight time rate, with an additional
premium of ninety-four percent (94%) of one-half (1/2) of the base rate.
[begin deletion] 173. [end deletion] [begin addition] 175. [end addition] Employees occupying positions designated by the
Appointing Officer, or its designee, as a lead person position shall receive a
Lead Person premium of One dollar and Fifty cents ($1.50) per hour, payable
only for days and/or hours actually worked.
[begin deletion] 174. [end deletion] [begin addition] 176. [end addition] For any shift immediately following a regular
day shift or commencing during any period of a day shift shall be considered a
night shift and employees working on such shift shall be paid ten percent (10%)
above the regular day shift as set forth herein. A subsequent shift shall be
known as a midnight shift and shall be paid fifteen percent (15%) above the
regular day rate. Night and midnight Shift Differential premiums shall be paid
only for days and hours actually worked except for statutory holidays and
vacation days.
[begin deletion] 175. [end deletion] [begin addition] 177. [end addition] Employees who are assigned by their Department
to a "designated bilingual position" for ten (10) or more hours
biweekly shall be granted additional compensation of $35.00 biweekly.
Any employee assigned to a "designated bilingual position" who translates
forty (40) or more hours biweekly shall be granted an additional $15.00
biweekly, making a total of $50.00 biweekly. A "designated bilingual
position" is a position designated by the Department which requires
translating to and from a foreign language including sign language used by the
hearing impaired and Braille for the visually impaired.
[begin deletion] 176. [end deletion] [begin addition] 178. [end addition] Employees at the San Francisco Municipal Transportation
Agency (SFMTA) who are required in writing to use their personal vehicle for
SFMTA business (including employees who have received written authorization to
utilize their personal vehicle as a street corner shelter) and who receive
parking tickets for overtime parking at parking meters when they are unable to
place money in the parking meters while on duty in the field shall be
reimbursed for no more than three (3) parking tickets per covered employee per
fiscal year of this agreement. Employees requesting reimbursement shall be
required to submit documentation in a form designated by Department management
demonstrating that: (1) the citation was issued for overtime parking at a
parking meter; (2) the citation was issued at a time and location when the
employee was acting in the course and scope of his/her employment in the field;
(3) the reason why the employee was precluded by his/her job duties from
putting change into the meter in a timely manner.
[begin deletion] 177. [end deletion] [begin addition] 179. [end addition] Employees required to use their own vehicles for
SFMTA Business shall be reimbursed for mileage at the rate allowed by the IRS
during the term of this CBA.
Driver’s License Reimbursement
[begin deletion] 178. [end deletion] [begin addition] 180. [end addition] SFMTA employees in service for one year or more
and whose job assignments include maintaining a valid Class B California
Driver’s License and/or a Verification of Transit Training (VTT) Certificate
shall be reimbursed for the renewal fees of such licenses.
[begin deletion] 179. [end deletion] [begin addition] 181. [end addition] Employees assigned by the Appointing Officer or
its designee to perform a substantial portion of the duties and
responsibilities of a higher classification shall receive compensation at a
higher salary if all of the following conditions are met:
a. the assignment shall be in writing;
b. the position to which the employee is assigned must be a budgeted position.
c. the employee is assigned to perform the duties of a higher classification for longer than
eleven (11) consecutive working days, retroactive to the first day of the assignment.
d. Upon written approval by the Appointing Officer or its designee, an employee shall be paid at a step of the established salary grade of the higher class which is at least five percent (5%) above the employee’s base salary but which does not exceed the maximum step of the salary grade of the class to which temporarily assigned. Premiums based on percent of salary shall be paid at a rate which includes out of class pay.
e. Requests for classification or reclassification review shall not be governed by this
provision.
[begin deletion] 180. [end deletion] [begin addition] 182. [end addition] Where the above requirements are satisfied but an employee does not receive a
premium, the employee must file a grievance within thirty days of written
notice of the assignment.
[begin addition] [begin deletion] 181. [end deletion] 183. Emergency
Transit Manager I Assignments. In case of an emergency (a situation occurring
unexpectedly and which cannot be planned for), a 9139 supervisor may be
assigned to fill the shift of a 9140 Manager. She or he shall receive the pay
of a 9140 retroactive to the first day if in the position for five (5)
consecutive days or more.
[begin deletion] 182. [end deletion] [begin addition] 184. [end addition] The SFMTA Department of Human Resources may
adjust the compensation of a supervisory employee whose compensation grade is
set herein subject to the following conditions:
[begin deletion] 183. [end deletion] [begin addition] 185. [end addition] The supervisor, as part of the regular
responsibilities of his/her class, supervises, directs, is accountable for and
is in responsible charge of the work of a subordinate or subordinates.
[begin deletion] 184. [end deletion] [begin addition] 186. [end addition] The supervisor must actually supervise the
technical content of subordinate work and possess education and/or experience
appropriate to the technical assignment.
[begin deletion] 185. [end deletion] [begin addition] 187. [end addition] The organization is a permanent one approved by
the Department, Board or Commission, where applicable, and is a matter of
record based upon review and investigation by the SFMTA Department of Human
Resources.
[begin deletion] 186. [end deletion] [begin addition] 188. [end addition] The classifications of both the supervisor and
the subordinate are appropriate to the organization and have a normal, logical
relationship to each other in terms of their respective duties and levels of
responsibility and accountability in the organization.
[begin deletion] 187. [end deletion] [begin addition] 189. [end addition] The compensation grade of the supervisor is less
than one full step (approximately 5%) over the compensation grade, exclusive of
extra pay, of the employee supervised.
[begin deletion] 188. [end deletion] [begin addition] 190. [end addition] The adjustment of the compensation grade of the
supervisor shall not exceed five (5%) percent over the compensation exclusive
of extra pay, of the employee supervised.
[begin deletion] 189. [end deletion] [begin addition] 191. [end addition] If the application of this section adjusts the
compensation grade of an employee in excess of his/her immediate supervisor,
the pay of such immediate supervisor shall be adjusted to an amount one dollar
($1) bi-weekly in excess of the base rate of his/her highest paid subordinate,
provided that the applicable conditions of this section are also met.
[begin deletion] 190. [end deletion] [begin addition] 192. [end addition] In no event will the SFMTA Department of Human
Resources approve a supervisory salary adjustment in excess of two (2) full
steps (approximately 10%) over the supervisor's current basic compensation. If
in the following fiscal year a salary inequity continues to exist, the SFMTA
Department of Human Resources may again review the circumstances and may grant
an additional salary adjustment not to exceed two (2) full steps (approximately
10%).
[begin deletion] 191. [end deletion] [begin addition] 193. [end addition] The SFMTA Human Resources Department shall
review any changes in the conditions or circumstances that were and are
relevant to the request for salary adjustment under this section either acted
upon by or pending before the SFMTA Human Resources Director.
[begin deletion] 192. [end deletion] [begin addition] 194. [end addition] On-the-job and Ride-Along Training. Employees
assigned to perform on-the-job training for other employees in their
classification shall receive a training premium of $3.00 per hour but such
premium shall be payable only for days and hours actually worked. Employees
who have volunteered to perform ride-along training for 9163 Transit Operators
shall receive the $3.00 per hour premium for the days and hours actually worked
on such assignment.
[begin deletion] 193. [end deletion] [begin addition] 195. [end addition] Corner Books. If corner books are required of
supervisors working at street locations and are not provided by Department,
Department and Local 200 shall
meet & confer upon request of Local
200 within thirty (30) days of the ratification of this CBA by the Board of
Supervisors as to the reasonable compensation to be paid to supervisors for the
time necessary to prepare such corner books.
[begin deletion] 194. [end deletion] [begin addition] 196. [end addition] Employee(s) covered by this CBA, their
spouses/registered domestic partners and legally dependent children under
nineteen (19) years of age who are living with said employee(s), shall be
furnished with system passes pursuant to rules presently in effect at
Department covering Department operators. Retired employee(s) shall be
provided with system passes for the remainder of their lives.
[begin deletion] 195. [end deletion] [begin addition] 197. [end addition] Safety Division Instructors shall receive a
premium of $5.00 per day when required to perform accident determinations.
[begin deletion] 196. [end deletion] [begin addition] 198. [end addition] Consistent with Proposition E (Charter Section
8.A.100), the SFMTA and the Union agree to reward employees for the attaining
of various service, performance and attendance goals as set forth herein in
Appendix A. The compensation provisions of Appendix A are hereby incorporated
by reference into this CBA.
[begin deletion] [begin addition] 13. COMMENDABLE
ATTENDANCE PAYMENT – PILOT PROGRAM [end addition] [end deletion]
[begin deletion] [begin deletion] [end deletion] [begin deletion] 197. [end deletion] [begin addition] 199. [end addition] Effective July 1, 2007, employee(s)
covered by this CBA who meet all of the requirements of the Commendable Attendance
Pilot Program will be entitled to an annual payment of $350 if they meet the
eligibility requirements as follows: [end deletion]
[begin deletion] [begin deletion] [end deletion] [begin deletion] 198. [end deletion] [begin addition] 200. [end addition] a. Employees must actually have
worked 1880 hours, exclusive of overtime hours, in the previous fiscal year
(2006 – 2007). [end deletion]
[begin deletion] [begin deletion] [end deletion] [begin deletion] 199. [end deletion] [begin addition] 201. [end addition] b. Employees must have no
discipline of a suspension or higher during the previous fiscal year. [end deletion]
[begin deletion] [begin deletion] [end deletion] [begin deletion] 200. [end deletion] [begin addition] 202. [end addition] c. Employees must be currently
employed in the bargaining unit at time of payout, or, employees who separate
from city service after July 1 but before the October payout and who separate
with services satisfactory, shall receive their payment by mail. Employees
must provide a valid mailing address at time of separation. [end deletion]
[begin deletion] [begin deletion] [end deletion] [begin deletion] 201. [end deletion] [begin addition] 203. [end addition] d. Payment to take place the
second full pay period in October 2007. [end deletion]
[begin deletion] [begin deletion] [end deletion] [begin deletion] 202. [end deletion] [begin addition] 204. [end addition] This is a pilot program. Continuation
into 2008 is contingent upon a five percent (5%) annual increase in the number
of qualifying employees. [end deletion]
[begin deletion] [begin deletion] [end deletion] [begin deletion] 203. [end deletion] [begin addition] 205. [end addition] Note: The 1880 hours will include the
following: Regular scheduled work hours, legal holidays, jury duty, and
military leave. [end deletion]
[begin deletion] [begin deletion] [end deletion] [begin deletion] 204. [end deletion] [begin addition] 206. [end addition] The Commendable Attendance Payment
Program will be suspended for the period from June 30, 2009 to June 30, 2010. [end deletion]
196. [begin deletion] 1. [end deletion] Overtime and Comp Time Calculation. Except
as set forth in Article III.B., time worked in excess of eight (8) hours per
day or forty (40) hours per week shall be designated as overtime and shall be
compensated at one-and-one-half times the base hourly rate which may include a
night differential if applicable. Employees shall not be entitled to overtime
compensation for work performed in excess of specified regular hours until they
exceed eight (8) hours per day or forty (40) hours per week; provided that
employees, if any, working in an alternative work schedule shall be entitled to
overtime as provided by III. B. 2. Overtime shall be calculated and paid on
the basis of the total number of straight-time hours actually worked in a day
and week except that statutory holidays, including floating holidays and
furlough days, shall be considered time worked.
197. One (1) day of vacation taken within a scheduled workweek shall be considered as time worked for the purposes of calculating overtime earnings. Multiple days vacation taken within a scheduled workweek shall not be considered as time worked for the purposes of calculating overtime earnings.
198. [begin deletion] a. [end deletion] Employees occupying Fair Labor Standards
Act (“FLSA”) exempt positions, including positions designated by the CITY as
“Z” classifications in the Annual Salary Ordinance, shall not be paid for
overtime worked but shall be granted compensatory time off at the rate of one
and a half times the hours worked, only if the overtime worked has been
approved in advance.
199. [begin deletion] b. [end deletion] Employees covered by the FLSA (non-Z) who
are required to work overtime shall be paid at a rate of one and one-half times
the regular base rate, unless the employee and the Appointing Officer mutually
agree that in lieu of paid overtime, the employee shall be compensated with
compensatory time off.
200. [begin deletion] c. [end deletion] No Appointing Officer shall require an
employee not designated by a "Z" symbol in the Annual Salary
Ordinance to work overtime when it is known by said Appointing Officer that
funds are legally unavailable to pay said employee, provided that an employee
may voluntarily work overtime under such conditions in order to earn
compensatory time off at the rate of time and one-half, pursuant to the
provisions herein.
201. [begin deletion] d. [end deletion] Compensatory time shall be earned at the
rate of time and one half. Employees occupying non "Z" designated
positions shall not accumulate a balance of compensatory time earned in excess
of 240 hours calculated at the rate of time and one half.
202. [begin deletion] e. [end deletion] Employees working overtime during premium
pay time shall receive overtime pay based on the premium rate.
203. [begin deletion] f. [end deletion] Non-emergency overtime shall be
distributed equitably among employee(s) who have current experience in and
capacity for the work required, and who indicate their willingness to
participate in such work.
204. [begin deletion] g. [end deletion] Recordation Of Overtime. All overtime
worked which is authorized by the Appointing Officer shall be recorded on
separate timerolls. Compensation for overtime worked as provided in this
Section shall be paid on an hourly basis. When improved methods of payroll
processing are implemented and with the approval of the MUNI Human Resources
Director and the Controller, such overtime may be recorded on the regular
timerolls. The Department shall maintain all records of overtime worked by
employee(s) in their respective divisions/Departments. Copies of said records
shall be made available to the representative of Local 200 upon request.
205. [begin deletion] h. [end deletion] Overtime Earned (“O.E.”). When an employee
covered by this CBA is transferred from one group to another within Department,
the accumulated "overtime earned" time shall be transferable by the
employee to be used in his or her new position.
206. 1). Employees wishing to use OE time must submit the request for the time off in writing not later than 12 noon of the fifth working day preceding the employee's regular start of shift of the day for which time off is requested.
207. 2). A roster of those employees requesting days off will be maintained by the Department or group manager and will be available to Local 200 for review.
208. 3). The request shall be granted unless an emergency situation exists or the time off would cause severe personnel shortages as determined by the Appointing Officer or its designee.
209. 4). Up to ten percent (10%), but not more than two (2) non "Z" employees per group or Department may be granted time off at the same time, and no more than one "Z" employee per group or Department may be granted time off at any one time. However, "Z" employees may not take time off under this section without the agreement of the Appointing Officer or its designee, if the time off would cause more than fifty percent (50%) of the normal complement of employees in the group or Department to be absent.
210. 5). The first employee to submit a request in a group or Department will take precedence if more than one employee has requested time off at the same time.
211. 6). Requests for time off lasting more than three (3) days must be approved by the group or Department manager.
212. [begin deletion] 2. [end deletion] Working on Regular Day Off (“RDO”):
Employees desiring to work on their regular day off must indicate their
availability by signing up on the RDO list. Employees shall first be called
from the RDO list, based upon a rotational selection process giving all signees
equal opportunity.
213. An employee called in to work on a regular day off from the RDO list shall be paid for each hour actually worked, but in no instance will (s)he be provided with less than eight (8) hours of work on that day.
214. If an employee is passed over incorrectly in the RDO rotation pursuant to procedures established by the Department, (s)he will be moved to the top of the list established for their next RDO.
215. An employee called in to work on a regular day off who did not elect to sign the RDO list shall be paid for each hour actually worked, but in no instance will (s)he be provided with less than eight (8) hours of work on that day
RDO Procedures:
a. Supervisors shall be offered RDO overtime by equal rotation.
b. Supervisors requesting work shall submit request for work form no later than 48 hours prior to day desiring to work.
c. The RDO overtime log shall be kept up to date detailing requests and shifts worked. The overtime log will be posted and a copy sent to Local 200.
d. Rotations shall be computed on a sign-up to sign-up basis and include all 9139's in that section. All work in sections will be rotated.
e. All personnel in a section who indicate their willingness to work RDO overtime shall be trained in each different aspect of the group policies, type of work and shifts, including special events. Training will take place commencing with the 9139 General Sign-up or within ninety (90) days.
f. Supervisors requesting to work a type of RDO work and later refusing to work the shift offered within that time frame shall go to the bottom of the list for that type of work, i.e. night work, special events, etc.
g. No overtime work shall be assigned to a person in another section if there are people in that section willing to work.
h. These procedures are intended to cover the equal opportunity for RDO overtime work. The appropriate logs shall be kept for each type of work. No supervisor shall be moved to the bottom of the list for refusing to work any shift other than that in the time frame requested.
i. The Department can fill any shift of five (5) or more hours but less than eight hours in its sole discretion. In the event that the shift is to be filled from the RDO, such opportunities shall be distributed equally and fairly.
216. The following paid holidays shall be observed:
New Year's Day
Martin Luther King, Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Columbus Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Veterans Day
Christmas Day
217. Provided further, if January 1, July 4, November 11 or December 25 falls on a Sunday, the Monday following is a holiday, and if it falls on a Saturday, the Friday before is a holiday as defined herein. In addition, any day declared to be a holiday by proclamation of the Mayor after such day has heretofore been declared a holiday by the Governor of the State of California or the President of the United States shall be deemed a holiday for this purpose.
218. . The SFMTA shall accommodate religious belief or observance of employees as required by law.
219. . Eligibility for Payment. Employee(s) not scheduled to work on a paid legal holiday as listed above will be paid for that holiday provided that he/she is on paid status the work day immediately preceding and the work day immediately following the holiday. Payment shall consist of eight (8) hours straight time.
220. Holiday Worked. Employee(s) (in non-Z classifications) scheduled to work on a paid legal holiday as listed above shall receive time and one-half for the hours worked, plus the rate of pay as stated in Article III.E.3. herein. Employee(s) may elect to receive compensatory time off, computed at the rate of time and one-half in lieu of monetary payment for time worked on paid holidays.
221. Employees in “Z” classifications shall receive eight hours holiday pay and in addition shall receive compensatory time off at the rate of one-and-a-half (1-1/2) times for work on the holiday
222. Assignment of Class 9139. On holidays, if the 9139 shift is scheduled to work that day (dependent on the holiday tables used: Saturday, Sunday or Weekday), the 9139 assigned to work that shift shall work on that holiday. If that shift is not scheduled to work, the 9139 assigned to that shift will be off for the holiday. Vacation relief and block personnel who are detailed on holidays shall be considered to be off on holidays.
223. MUNI may excuse any 9139 scheduled to work under the following conditions:
224. a. Unit managers will poll their units to determine who wants to work and who does not. Unit managers will attempt to accommodate 9139’s desiring to be excused from work and to fill their shifts with relief or block supervisors who are scheduled to work and want to work the shift. Seniority shall control if there are more 9139’s wanting to be excused, or wanting to work, than slots available.
225. b. Block personnel who are detailed on holidays shall be scheduled for holiday work ahead of the relief board.
226. c. Block and relief supervisors will be assigned holiday shifts that become open in seniority order, giving preference to those who want to work.
227. d. When departments or groups normally scheduled to be closed on holidays have work that needs to be performed on a holiday, that work will be offered in seniority order to the 9139 supervisors wanting to work that holiday.
228. Holidays That Fall On A Saturday. For those employees assigned to a work week of Monday through Friday, and in the event a legal holiday falls on Saturday, the preceding Friday shall be observed as a holiday; provided, however, that except where the Governor declares that such preceding Friday shall be a legal holiday, each Department head shall make provision for the staffing of public offices under his/her jurisdiction on such preceding Friday so that said public offices may serve the public. Those employees who work on a Friday which is observed as a holiday in lieu of a holiday falling on Saturday shall be compensated as provided in Article III.E.3., herein.
229. Holiday Pay For Employees Laid Off. An employee who is laid off at the close of business the day before a holiday who has worked not less than five (5) previous consecutive work days shall be paid for the holiday.
230. Employees who regularly work a minimum of twenty (20) hours in a bi-weekly pay period shall be entitled to holidays as provided herein on a proportionate basis.
231. Floating Holidays. In addition to the holidays listed herein, the employees covered by this CBA will receive five (5) floating holidays. Only employees working a Normal Work Schedule, as described in Article III.B., will receive five (5) floating holidays. The five (5) floating holidays and may be taken on days selected by the employee subject to prior scheduling approval of management. Employees must complete six (6) months continuous SFMTA service to establish initial eligibility for the five (5) floating holidays. The five (5) floating holidays may not be carried forward from one fiscal year to the next. No compensation of any kind shall be earned or granted for the five (5) floating holidays if not taken off except as set forth below. The five (5) floating holidays shall not be considered holidays for purposes of calculating holiday compensation for time worked.
232. [begin addition] Effective July 1, 2010 for Fiscal Year 2010-11, in recognition of the value of wage concessions during the year, employees shall receive one-time addition of twelve (12) floating holidays for one year, which shall be administered in the same manner as the floating holidays in paragraph 229 above. However, these floating holidays will be awarded on a quarterly basis (i.e. three floating holidays will be allotted in first full pay period beginning on July 1st, October 2nd, January 8th, and April 16th of the fiscal year). The parties agree that employees may be required to take no more than five of the floating holidays for the four working days between December 25, 2010 and January 1, 2011, and one day for the day prior to Thanksgiving 2010, when the SFMTA has implemented Minimum Staffing Days. These floating holidays are not subject to buy back language contain in paragraph 233 below. [end addition]
233. [begin addition] Effective July 1, 2011 for Fiscal Year 2011-12, in
recognition of the value of wage concessions during the year, employees shall
receive a one-time addition of twelve (12) floating holidays for one year,
which shall be administered in the same manner as the floating holidays in
paragraph 229 above. These floating holidays will be on a quarterly basis (i.e.
three floating holidays will accrue in first full pay period on July 1st,
October 1st, January 7th, and April 14th of
the fiscal year). If the number of unpaid furlough days (or equivalent) for the
year is reduced by operation of the provisions within, the number of additional
floating holidays will be reduced in corresponding manner. The parties agree
that employees may be required to take no more than five of the floating
holidays for the four days working days between December 25, 2011 and January
1, 2012, and one day for the day prior to Thanksgiving 2011, when the SFMTA has
implemented Minimum Staffing Days. These floating holidays are not subject to
the buy b [begin deletion] a [end deletion] ack language contained in paragraph 233 below. [end addition]
234. [begin addition] Notwithstanding the paragraphs above, any unused floating holidays accrued from July 1, 2010 through June 30, 2012 may be carried over to be used in Fiscal Years 2012-13, 2013-14 and 2014-15. [end addition]
235. [begin addition] During Fiscal Years 2010-11, 2011-12, 2012-2013, 2013-2014, and 2014-2015, floating holidays must be used before vacation days or hours are taken; provided however that this limitation (i.e., use of floating holidays before vacation) will not apply in cases in which use of the floating holiday will cause a loss of vacation due to the accrual maximums. Except for days taken during Minimum Staffing Days, floating holidays are to be scheduled per mutual agreement, based on operational needs of the department. [end addition]
236. [begin addition] The
SFMTA will evaluate SFMTA [end addition] [begin deletion] departments or [end deletion] [begin addition] divisions for which Minimum staffing
Days are appropriate. Minimum Staffing Days may take the form of complete
closures or minimum staffing. On or before August 1, 2010 and August 1, 2011,
the MTA will notify the PEC which [end addition] [begin deletion] departments/ [end deletion] [begin addition] divisions have been slated for
Minimum Staffing Days and/or reduced staffing. If the PEC has any concerns
regarding the list, it must make its concerns known to SFMTA DHR within
fourteen (14) calendar days. [end addition] [begin deletion] DHR [end deletion] [begin addition] SFMTA agrees
to discuss any concerns raised by the PEC via th [begin deletion] e [end deletion] is process. If the PEC
finds [end addition] [begin deletion] DHR’ [end deletion] [begin addition] SFMTA's response inadequate, it may
elevate its concerns to the Executive Director, who will be the final arbiter
of any such dispute. The Minimum Staffing Days currently identified and agreed
to by the City and the PEC are the non-holiday work days between Christmas and
New Years and the Wednesday prior to the Thanksgiving weekend-five (5) days. [end addition]
237. Effective July 1, 2007, employees will be eligible to participate in a buy back of their Floating Holidays if they meet the following conditions:
238. If at the end of the “Qualifying Period” defined as the previous fiscal year, a full-time employee who has not used more than forty (40) hours of sick leave, with or without pay, and or Disability Leave, and in addition has not been absent from work due to a disciplinary suspension may convert floating holiday hours to “cash”. The payout will be considered earnings for the purposes of retirement calculations to the extent allowable by the Charter. Floating holiday compensation is eight hours straight. [begin addition] Any floating holidays accrued as a result of furlough days are not eligible for buy back as contained in this paragraph. [end addition]
239. Appointments to positions in the SFMTA shall be at the entrance rate established for the position except as otherwise provided herein.
240. An employee or officer who is a permanent appointee following completion of the probationary period or 2,080 hours of permanent service, and who is appointed to a position in a higher classification, either permanent or temporary, deemed to be promotive by the SFMTA’s Department of Human Resources shall have his/her salary adjusted to that step in the promotive class as follows:
a. If the employee is receiving a salary in his/her present classification equal to or above the entrance step of the promotive class, the employee's salary in the promotive class shall be adjusted to two steps in the compensation grade over the salary received in the lower class but not above the maximum of the salary range of the promotive classification.
b. If the employee is receiving a salary in his/her present classification which is less than the entrance step of the salary range of the promotive classification, the employee shall receive a salary step in the promotive class which is closest to an adjustment of 7.5% above the salary received in the class from which promoted. The proper step shall be determined by the bi-weekly compensation grade and shall not be above the maximum of the salary range of the promotive class.
c. If the appointment deemed promotive described above is a temporary appointment, and the employee, following a period of continuous service at least equal to the prescribed probationary period is subsequently given another appointment either permanent or temporary, deemed promotive from the prior temporary appointment class, the salary step in the subsequent promotive appointment shall be deemed promotive in accordance with sections herein.
241. For purpose of this Section, appointment of an employee as defined herein to a position in any class the salary grade for which is higher than the salary grade of the employee's class shall be deemed promotive.
242. An employee or officer who is a permanent appointee following completion of the probationary period or 2,080 hours of permanent service, and who accepts a non-promotive appointment in a classification having the same salary grade, or a lower salary grade, the appointee shall enter the new position at that salary step which is the same as that received in the prior appointment, or if the salary steps do not match, then the salary step which is immediately in excess of that received in the prior appointment, provided that such salary shall not exceed the maximum of the salary grade. Further increments shall be based upon the seniority increment anniversary date in the prior appointment.
243. Upon the request of the Appointing Officer, appointments may be made at any step in the compensation grade upon recommendation of SFMTA Human Resources Director under the following conditions:
a. A former permanent SFMTA employee, following resignation with service satisfactory, is being reappointed to a permanent position in his/her former classification; or
b. Loss of compensation would result if appointee accepts position at the normal step; or
c. A severe, easily demonstrated and documented recruiting and retention problem exists, such that all city appointments in the particular class should be above the normal step; and
d. The Controller certifies that funds are available. To be considered, request for adjustment under the provisions of this Section must be received in the offices of the SFMTA Department of Human Resources not later than the end of the fiscal year in which the appointment is made.
e. When the SFMTA Human Resources Director approves appointments of all new hires in a classification at a step above the entrance rate, the SFMTA Human Resources Director may advance to that step incumbents in the same classification who are below that step.
244. A permanent employee who resigns and is subsequently reappointed to a position in the same classification within six (6) months of the effective date of resignation shall be reappointed to the same salary step that the employee received at the time of resignation.
245. a. Prior Fiscal Year. When an employee promoted to a higher class during a prior fiscal year receives a lesser salary than if promoted in the same class and from the same grade step during the current fiscal year his/her salary shall be adjusted on July 1, to the rate he/she would have received had he/she been promoted in the current fiscal year.
246. The SFMTA Department of Human Resources is hereby authorized to adjust the salary and anniversary increment date of any employee promoted from one class to a higher classification who would receive a lesser salary than an employee promoted at a later date to the same classification from the same salary step in the same base class from which the promotional examination was held.
247. b. Salary Increase in Next Lower Rank. When a classification that was formerly a next lower rank in a regular civil service promotional examination receives a salary grade higher than the salary grade of the classification to which it was formerly promotive, the SFMTA Department of Human Resources shall authorize a rate of pay to an employee who was promoted from such lower class equivalent to the salary he/she would have received had he/she remained in such lower class, provided that such employee must file with the SFMTA Department of Human Resources an approved request for reinstatement in accordance with the provisions of the Civil Service Commission rule governing reinstatements to the first vacancy in his/her former classification, and provided further that the increased payment shall be discontinued if the employee waives an offer to promotion from his/her current classification or refuses an exempt appointment to a higher classification. This provision shall not apply to offers of appointment which would involve a change of residence.
248. The special rate of pay herein provided shall be discontinued if the employee fails to file and compete in any promotional examination for which he/she is otherwise qualified, and which has a compensation grade higher than the protected salary of the employee.
249. c. Continuation of Salary Step Plan Earned Under Temporary Appointment. When an employee is promoted under temporary appointment to a higher classification during a prior fiscal year and is continued in the same classification without a break in service in the current fiscal year, or is appointed to a permanent position in the same classification, such appointment shall be in accordance with the provisions of this agreement, provided that the salary shall not be less than the same step in the salary grade the employee received in the immediately prior temporary appointment.
250. d. Credit for Temporary Service. A temporary employee, one with no permanent status in any class, certified from a regular civil service list who has completed six months or more of temporary employment within the immediately preceding one year period before appointment to a permanent position in the same class shall be appointed at the next higher step in the salary grade and to successive steps upon completion of the six months or one year required service from the date of permanent appointment. These provisions shall not apply to temporary employees who are terminated for unsatisfactory services or resign their temporary position.
251. e. Salary Anniversary Date Adjustment. Permanent employees working under provisional, exempt or temporary appointments in other classifications shall have their salary adjusted in such other classifications when such employees reach their salary anniversary date in their permanent class.
252. a. Transfer. An employee transferred in accordance with Civil Service Commission rules from one Department to another, but in the same classification, shall transfer at his/her current salary, and if he/she is not at the maximum salary for the class, further increments shall be allowed following the completion of the required service based upon the seniority increment anniversary date in the former Department.
253. b. Reemployment in Same Class Following Layoff. An employee who has acquired permanent status in a position and who is laid off because of lack of work or funds and is re‑employed in the same class after such layoff shall be paid the salary step attained prior to layoff.
254. c. Reemployment in an Intermediate Class. An employee who has completed the probationary period in a promotive appointment that is two or more steps higher in an occupational series than the permanent position from which promoted and who is subsequently laid off and returned to a position in an intermediate ranking classification shall receive a salary based upon actual permanent service in the higher classification, unless such salary is less than the employee would have been entitled to if promoted directly to the intermediate classification. Further increments shall be based upon the increment anniversary date that would have applied in the higher classification.
255. d. Reemployment in a Formerly Held Class. An employee who has completed the probationary period in an entrance appointment who is laid off and is returned to a classification formerly held on a permanent basis shall receive a salary based upon the original appointment date in the classification to which the employee is returned. An employee who is returned to a classification not formerly held on a permanent basis shall receive a salary in accordance with this agreement.
256. An employee whose compensation is fixed on a monthly basis shall be paid monthly or bi-weekly in accordance with State Law or other applicable provision. There shall be no compensation for time not worked unless such time off is authorized time off with pay.
257. Conversion to Bi-Weekly Rates. Rates of compensation established on other than a bi-weekly basis may be converted to bi-weekly rates by the Controller for payroll purposes.
258. Entry At The First Step. Full time employees shall advance to the second step upon completion of six months service and to each successive step upon completion of the one year required service.
259. Entry At Other Than The First Step. Employees who enter a classification at a rate of pay at other than the first step shall advance one step upon completion of the one year required service. Further increments shall accrue following completion of the required service at this step and at each successive step.
260. Date Increment Due. Increments shall accrue and become due and payable on the next day following completion of required service as an employee in the class, unless otherwise provided herein.
261. Exceptions. An employee shall not receive a salary adjustment based upon service as herein provided if he/she has been absent by reason of suspension or on any type of leave without pay (excluding a military, educational, or industrial accident leave) for more than one-sixth of the required service in the anniversary year, provided that such employee shall receive a salary increment when the aggregate time worked since his/her previous increment equals or exceeds the service required for the increment, and such increment date shall be his/her new anniversary date; provided that time spent on approved military leave or in an appointive or promotive position shall be counted as actual service when calculating salary increment due dates.
262. When records of service required for advancement in the step increments within a compensation grade are established and maintained by electronic data processing, then the following shall apply: An employee shall be compensated at the beginning step of the compensation grade plan, unless otherwise specifically provided for in this CBA. employees shall receive salary adjustments through the steps of the compensation grade plan by completion of actual paid service in total scheduled hours equivalent to one year or six months, whichever is applicable.
263. Paid service for this purpose is herein defined as exclusive of any type of overtime but shall include military or educational leave without pay.
264. An employee who (1) has completed probation in a permanent position, (2) is “Laid Off” from said position, (3) is immediately and continuously employed in another classification with the SFMTA either permanent or temporary, and (4) is thereafter employed in his/her permanent position without a break in service, shall, for the purposes of determining salary increments, receive credit for the time served while laid off from his/her permanent position.
265. An employee who is absent because of an occupational disability and who is receiving Temporary Disability, Vocational Rehabilitation Maintenance Allowance, State Disability Insurance, may request that the amount of disability indemnity payment be supplemented with salary to be charged against the employee’s accumulated unused sick leave with pay credit balance at the time of disability, compensatory time off, or vacation, so as to equal the normal salary the employee would have earned for the regular work schedule. Use of compensatory time requires the employee’s Appointing Officer’s approval.
266. An employee who wishes not to supplement, or who wishes to supplement with compensatory time or vacation, must submit a written request to the Appointing Officer or designee within seven (7) calendar days following the first date of absence. Disability indemnity payments will be automatically supplemented with sick pay credits (if the employee has sick pay credits and is eligible to use them) to provide up to the employee’s normal salary unless the employee makes an alternative election as provided in this section.
267. Employee supplementation of workers compensation payment to equal the full salary the employee would have earned for the regular work schedule in effect at the commencement of the workers compensation leave shall be drawn only from an employee’s paid leave credits including vacation, sick leave balance, or other paid leave as available. An employee returning from disability leave will accrue sick leave at the regular rate and not an accelerated rate.
268. Salary may be paid on regular time-rolls and charged against the employee’s sick leave with pay, vacation, or compensatory time credit balance during any period prior to the determination of eligibility for disability indemnity payment without requiring a signed option by the employee.
269. Sick leave with pay, vacation, or compensatory time credits shall be used to supplement disability indemnity pay at the minimum rate of one (1) hour units.
270. The parties agree, therefore, that this provision clarifies and supercedes any conflicting provision of the Civil Service Commission Rules bargainable and arbitrable under Charter section A8.409, et seq.
Return To Work
271. The SFMTA will make a good faith effort to return employees covered by this CBA who have sustained an occupational injury or illness to temporary modified duty within the employee’s medical restriction. Duties of the modified assignment may differ from the employee’s regular job duties and/or from job duties regularly assigned to employees in the injured employee’s class. Where appropriate modified duty is not available within the employee’s classification, on the employee’s regular shift, and in the employee’s Department, the employee may be temporarily assigned pursuant to this section to work in another classification, on a different shift, and/or in another Department, subject to the approval of the Appointing Officer or designee. The decision to provide modified duty and/or the impact of such decisions shall not be subject to grievance or arbitration. Modified duty assignments may not exceed three (3) months. An employee assigned to a modified duty assignment shall receive their regular base rate of pay and shall not be eligible for any other additional compensation (premiums) and or out of class assignment pay as may be provided under this agreement.
272. The SFMTA reserves the right to take any action necessary to comply with its obligations under the Americans with Disabilities Act, the Fair Employment and Housing Act and all other applicable federal, state and local disability anti-discrimination statutes. Requests for accommodation under the ADA or FEHA shall be governed under separate SFMTA procedures established under those laws.
273. All employees in the bargaining unit(s) covered by this Agreement shall be enrolled in the State Disability Insurance (SDI) Program. The cost of SDI will be paid by the employee through payroll deduction at a rate established by the State of California Employment Development Department.
274. Health Service System Contributions. SFMTA shall contribute to the City Health Service System for each employee covered by this CBA who is a member of the Health Service System such sums as are required by the CITY Charter. The SFMTA agrees to maintain its contribution for health benefits at the current levels for the life of the agreement.
275. Medically Single. For “medically single” [begin addition] Employee Only [end addition] employees, i.e., benefited employees not receiving the contribution paid by the SFMTA for dependent health care benefits, the city shall contribute all of the premium for the employee’s own health care benefit coverage.
276. [begin addition] Fiscal Year 2011-12 and Thereafter [end addition]
[begin addition] The SFMTA will participate
in the [end addition] [begin deletion] and the PEC will establish a [end deletion] [begin addition] City-wide
labor-management committee formed to [end addition] [begin deletion] to begin meeting no later than
October 1, 2010, concluding before December 31, 2010 to [end deletion] [begin addition] identify
changes to MOU- negotiated premium payments that would be anticipated to yield
approximately $3 million in savings annually in the City’s employee health care
cost, beginning Fiscal Year 2011-12. [end addition]
[begin addition] Should the committee not reach mutual agreement on another option, the following goes into effect: for Fiscal Year 2011-12 and thereafter, for all employees enrolled in the City Plan in the medically-single/Employee-Only category, the SFMTA's contribution will be capped at an amount equivalent to the cost of the second-highest cost plan for medically-single/Employee-Only enrollees. Employees who elect to enroll in the City plan in this category must pay the difference between the capped amount of the City plan described above and the cost of City plan coverage in the medically-single/Employee-Only category. [end addition]
[begin addition] If no mutual agreement on
another option is reached as described in paragraph 282 and if an employee’s
work location reasonably requires him or her to reside in a county in which
there is no City HMO available, then the [end addition] [begin deletion] City [end deletion] [begin addition] SFMTA shall
pay for medically single/Employee-Only coverage under the City plan. [end addition]
277. A life insurance policy of $50,000 with a permanent total disability benefit provision, subject to the conditions and provisions of said policy, shall be provided for all employees covered by this CBA the full premium cost of which shall be paid for by MUNI. Coverage shall be suspended for an employee who has been off the payroll and been absent from service for a continuous period of twelve months.
278. Eye Examinations. For all covered employees required to use VDTs on average at least two (2) hours per day, MUNI will provide a base line eye examination at the Occupational Safety and Health facility ("OSH"), followed by an eye examination at OSH every two years.
279. Amount of Employee Contribution to be Paid by the SFMTA: The SFMTA shall contribute $225 per month per employee to provide for dependent coverage for employees with one or more dependents. However, in the event that the cost of dependent care exceeds $225 per month, the SFMTA will adjust its pick-up level up to 75% of the cost of Kaiser’s dependent health care medical premium coverage for the employee plus two or more dependents category.
280. Each employee covered by this agreement shall be eligible to participate in the City’s dental program.
281. As set forth in Administrative Code section 16.701(b), covered employees who are not in active service for more than twelve (12) weeks shall be required to pay the Health Service System for the full premium cost of membership in the Health Service System, unless the employee shall be on sick leave, workers’ compensation, mandatory administrative leave, approved personal leave following family care leave, disciplinary suspensions, or on a layoff holdover list where the employee verifies they have no alternative coverage.
282. Effective July 1, 2006, represented employees who are members of SFERS agree to pay their own employee retirement contribution in an amount equal to seven and one-half percent (7.5%) of covered gross salary. For employees who became members of SFERS prior to November 2, 1976 (Charter Section A8.509 Miscellaneous Plan), the SFMTA shall pick up the remaining one-half percent (0.5%) of the total eight percent (8%) employee retirement contribution to SFERS.
283. If it is determined through the voter process or through CITY action as a result of negotiations with any other Miscellaneous bargaining unit (as described by Charter section A8.409) to improve retirement benefits for other Miscellaneous employees, such improvements shall be extended to employees covered by this Agreement. The effective date for such improvements to Local 200’s retirement benefits shall be the date such improvement are ratified in the other Miscellaneous employees’ collective bargaining agreement.
284. The SFMTA Agrees to participate, on behalf of service critical employees at the Municipal Railway, in any City meet and confer process with TWU, Local 200 over a possible Charter amendment to enhance miscellaneous retirement benefits. As set forth in Charter Section A8.409-5, the parties acknowledge that this paragraph is not subject to Charter Section A8.409’s impasse resolution procedures.
[begin addition] Retirement Restoration [end addition]
285. [begin deletion] [begin addition] – [end addition] [end deletion] [begin addition] For employees who retire prior to July
1, 2013 and whose final compensation for retirement purposes is impacted by the
wage reduction described in Section III.A., the SFMTA will make available
restoration pay in a lump sum equivalent to the pensionable value of the wage
reduction described in Section III.A. of this Agreement for the period used by
the applicable retirement system to determine the employee’s final compensation
for retirement purposed (Final Compensation Period). For employees who retire
prior to July 1, 2012, post-retirement payouts of vacation and vested sick
leave will be made at the employee’s normal (pre-reduction) hourly rate,
although nothing herein requires the San Francisco Employees Retirement System,
or any applicable retirement system, to include payouts of vacation or vested
sick leave in retirement calculations. [end addition]
286. [begin addition] Should employees who retire prior to July 1, 2013 wish to receive retirement restoration, they must, at least thirty (30)days prior to the last date of employment, agree to re-designate any floating holidays they have taken during the Final Compensation Period in excess of four (4) floating holidays to vacation days upon retirement. This re-designation shall not apply to floating holidays carried over from a prior fiscal year. Once they have taken four (4) floating holidays during the Final Compensation Period, such employees will not be eligible to take any floating holidays during the last thirty (30) days of their employment except for floating holidays accrued before July 1st of the fiscal year in question. [end addition]
Retirement Seminar
287. Subject to development, availability and scheduling by SFERS, employees shall be allowed not more than one day during the life of this CBA to attend a pre-retirement planning seminar sponsored by SFERS.
288. Employees must provide at least two-week advance notice of their desire to attend a retirement planning seminar to the appropriate supervisor. An employee shall be released from work to attend the seminar unless staffing requirements or other Department exigencies require the employee’s attendance at work on the day or days such seminar is scheduled. Release time shall not be unreasonably withheld.
289. All such seminars must be located within the Bay Area.
290. This section shall not be subject to the grievance procedure
[begin deletion] 291. [end deletion] [begin deletion] Effective July 1, 2002, any fulltime employee leaving
the employment of the city upon service or disability retirement may receive
payment for a portion of sick leave earned but unused at the time of
separation. [end deletion]
[begin deletion] 292. [end deletion] [begin deletion] The amount of this payment shall be equal to two and
one-half percent (2.5%) of sick leave balances earned but unused at the time of
separation times the number of whole years of continuous employment times an
employees salary rate, exclusive of premiums or supplements, at the time of
separation. Vested sick leave hours, as described by CSC rules, shall not be
included in this computation. [end deletion]
[begin deletion] 293. [end deletion] [begin deletion] For example: [end deletion]
[begin deletion] Employee A retires with 20
years of service. [end deletion]
[begin deletion] Employee A has a sick leave
balance of 500 hours [end deletion]
[begin deletion] Employee A has a base salary
rate of $50.00 per hour at the time of separation. [end deletion]
[begin deletion] Wellness Incentive = 2.5% for
each year of service *20 years of service = 50% [end deletion]
[begin deletion] 50% *500 hours = 250 hours [end deletion]
[begin deletion] 250 hours *$50.00 (base salary
rate at time of separation) = $12,500.00 [end deletion]
[begin deletion] 294. [end deletion] [begin deletion] The number of hours for which an employee may receive
cash payment shall not exceed one thousand forty (1040) including any vested
sick leave hours. [end deletion]
[begin deletion] 295. [end deletion] [begin deletion] The wellness incentive bonus shall not be considered
as part of an employee’s compensation for the purpose of computing retirement
benefits. [end deletion]
[begin deletion] 296. [end deletion] [begin deletion] Effective COB June 30, 2010 the Pilot Wellness
Incentive Program will sunset. [end deletion]
297. Those portions of the Civil Service Commission Rules applicable to Leaves, which are negotiable and arbitrable pursuant to Charter Sections A8.409 et seq., may not be changed during the term of this Agreement except by mutual consent. Those matters within the jurisdiction of the Civil Service Commission are not subject to grievance or arbitration.
298. Three (3) days' leave with pay shall be allowed to each employee for a death as defined in the Civil Service Commission Rule regarding Bereavement Leave which includes but is not limited to mother, father, registered domestic partner, sister, brother, husband, wife, son and daughter, mother-in-law, father-in-law, aunt, uncle and dependent relatives living in the employee's home.
299. The SFMTA and Local 200 agree that employees covered by this CBA will be eligible to participate in any childcare programs made available to all SFMTA employees.
300. The SFMTA shall continue to offer a flexible spending account for Dependent Care Reimbursement (DCAP) which allows employees to establish a “pre-tax” account of up to $5,000 per year to reimburse dependent care costs.
301. Represented employees shall be granted paid release time to attend parent teacher conferences of four (4) hours per fiscal year (for children in kindergarten or grades 1 to 12).
302. In addition, an employee who is a parent or who has child rearing responsibilities (including domestic partners but excluding paid child care workers) of one or more children in kindergarten or grades 1 to 12 shall be granted unpaid release time of up to forty (40) hours each fiscal year, not exceeding eight (8) hours in any calendar month of the fiscal year, to participate in the activities of the school of any child of the employee, providing the employee, prior to taking the time off, gives reasonable notice of the planned absence. The employee may use vacation, floating holiday hours, or compensatory time off during the planned absence.
303. The SFMTA, at its own cost, shall provide to employees a Long Term Disability (LTD) benefit that provides, after a one hundred and eighty (180) day elimination period, sixty percent salary (60%) (subject to integration) up to age sixty-five (65). Employees who are receiving or who are eligible to receive LTD shall be eligible to participate in the City's Catastrophic Illness Program as set forth in the ordinance governing such program.
304. The SFMTA agrees to allocate six thousand dollars ($6,000) per each year of this agreement to the Tuition Reimbursement Program for the exclusive use of classifications represented hereunder. Employees in said classifications may not receive more than ($500) per fiscal year from this special allocation. If any portion of said allocation remains unexpended on June 30th of any fiscal year, it shall be carried over to the next fiscal year. The Union shall be sent a quarterly report of the persons who have applied for tuition reimbursements, purpose of reimbursement, and monies allocated.
305. Eligibility: Any regularly scheduled Employee within the SFMTA service who has served a minimum of one (1) year of continuous service in any class immediately prior to receipt of application may apply for tuition reimbursement. Such reimbursement shall be for training courses pertaining to the duties of a higher classification or for the purpose of improving performance in the present classification when such courses are offered by an accredited educational institution.
306. Expenses: The SFMTA will reimburse each eligible Employee up to $500 annually for tuition, books, supplies, and other fees for such course if attendance has been approved in advance. The SFMTA will attempt to make such payment promptly upon the Employee’s submission of proof of satisfactory completion of the course with a passing grade. If the course is not graded, or is not a credited course, an official transcript or other official document shall be deemed evidence of satisfactory completion.
307. Pre-Approval: Application for reimbursement shall be prepared on a form provided by the SFMTA Department of Human Resources. Courses require pre-approval by the SFMTA Department of Human Resources and the Appointing Officer (or designee), neither of which shall be unreasonably denied. Such application for tuition reimbursement shall be made prior to the date of enrollment in the course and, if approved by SFMTA Department of Human Resources and the Appointing Officer (or designee), reimbursement shall be subject to successful completion of the course. No reimbursement shall be made if the Employee is eligible to receive reimbursement for said tuition under a federal or State Veterans benefit program from other public funds.
308. Repayment: If an employee resigns from the City within two (2) years following completion of the training course, the amount of tuition reimbursement shall be repaid by the Employee to the SFMTA by cash payment or out of the Employee’s last pay warrant or, if applicable retirement earnings.
309. The SFMTA acknowledges that State law requires every employer to provide a safe, healthy work environment for its employees. The SFMTA agrees to take all steps within its power to meet this responsibility for the employees covered by this CBA.
310. Joint Safety Committee. Health and Safety issues shall be presented to and addressed at the Joint Labor Management Board (JLMB”), as described in Article II.G. (Joint Committees).
311. For health and safety matters of immediate concern, the JLMB, at the call of either party, shall designate a Joint Safety Committee (hereafter termed "JSC") composed of one person appointed by Local 200 and one person appointed by the Appointing Officer, or its designee. The JSC shall meet within five (5) days of the call of the JLMB. If one party refuses or fails to meet when a meeting is called, the other party may proceed with the selection of an independent, neutral committee member, who shall be knowledgeable in the field of health and safety and who shall serve as chairperson, and the JSC shall commence its activities. The cost of the independent chairperson shall be split between Department and Local 200. The JSC shall consider and propose action on any aspect of Department operations affecting the health and safety of employees covered by this CBA. If any action proposed by a majority of the members of the JSC is not implemented, subject to the budgetary and fiscal provisions of the Charter, the JSC is authorized to take reasonable steps to publish, at Department's expense, its findings and proposed action.
312. Health and safety issues to be considered by the JLMB shall include, but not be limited to, ergonomics, use of SFMTA owned vehicles, shelters for street corner locations, use and inspection of video display terminals, chemical compounds, and use of personal vehicles for shelters during inclement weather.
313. SFMTA Owned Vehicle Check Procedure. The representatives from Local 200 and MUNI will review all street management vehicles to assess their operable conditions. A list will be established and maintained of all these vehicles and their maintenance status. The Defect Reporting form, as mutually developed by the parties, shall be used by the street supervisor for the chronicling of vehicle defects. Each street supervisor who uses any SFMTA vehicles will be responsible for filling out a daily defect form regardless of whether a defect is noted or not. Group Managers or their designees will be responsible for reporting defects to Equipment Maintenance for corrective action. Group Managers will also be responsible for keeping records on defects and when the problem is corrected. Supervisors will not be required to operate vehicles with critical defects and should be assigned another vehicle. Both parties agree that priority for new Operations Division vehicles shall be given to the groups for street management. No vehicles shall be sent out on the street after 6:00 p.m. without working heaters and defrosters. Local 200 will receive a copy of the maintenance status report of the defect cards.
314. Shelters for Street Supervisors. The parties agree that there is a continuing need for shelters for Street Supervisors.
315. Parking Problems. Local 200 and MUNI agree to meet with the Department of Parking and Traffic in order to address the ongoing Street Supervisor and Central Control parking problems.
316. Use of Personal Vehicles as Shelters. If no shelter or MUNI automobile is available for use by a Street Supervisor, those supervisors may use their personal vehicles for shelter subject to the following conditions: (a) all lines under the supervisor’s direction are visible from the vehicle; (b) the vehicle is legally parked (whenever possible); (c) during inclement weather; and (d) while writing required written reports. At no time may the supervisor sit in a vehicle when the lines being supervised are in difficulty. It is understood that sitting in a personal vehicle under the above described conditions is an option available to the supervisor. It is not a requirement and therefore the use of one’s personal vehicle is done so at the risk of the supervisor. Supervisors needing to use their personal vehicles as shelters shall be issued the official MUNI Supervisor on Duty placards.
317. SFMTA will develop and establish a certification process for all dispatchers who are currently working in dispatching. All certification will be completed by the SFMTA training department for all Trapeze functions that currently exist. SFMTA will establish an annual continuing education course available by the SFMTA training department. Dispatchers are required to become certified by the SFMTA training department in the correct computer software as required by SFMTA management. To ensure the quality of the implementation of the Trapeze program, a meet and confer with Local 200 and the Agency will be scheduled regarding the establishment of performance guidelines for dispatchers using the Trapeze program
318. Full and appropriate uniforms shall be supplied to all employee(s) who are required by MUNI to wear uniforms on duty. In addition to full uniforms, all employee(s) who are required by their duties to work outdoors shall not be required to perform their normal work duties in the rain, wind or cold without being provided adequate foul-weather gear. The SFMTA agrees to provide all required safety equipment (i.e., protective eyewear, protective footwear) in compliance with Cal-OSHA regulations.
319. Female employee(s) shall be provided with an appropriate female uniform equivalent to that furnished to male employee(s).
320. Uniform items will be replaced by MUNI when they become unserviceable. A complete uniform set will consist of: two (2) jackets; one (1) long sleeved sweater; one (1)sleeveless sweater; two (2) ties or scarves; four (4) pairs of trousers or skirts; five (5) shirts or blouses; and one (1) hat.
321. Foul-weather gear, appropriate for both male and female sizes, shall consist of the following items in a pool set aside for those requiring said items: one (1) foul-weather jacket; one (1) pair foul-weather trousers; one (1) warm outer jacket; and one (1) cold weather hat.
322. The Appointing Officer or its designee shall continue to meet and confer with Local 200 regarding the concept of safety with regard to TS uniforms.
323. For 7412 Automotive Service Worker Assistant Supervisor, the SFMTA agrees to provide one (1) clean pair of protective coveralls each working day to each employee. The cost of coveralls and laundering of the same shall be paid by the SFMTA. The employee is responsible for safeguarding coveralls issued to him/her and will be held responsible for the value of any coveralls lost, stolen or damaged beyond fair wear and tear. Evidence of forced entry to an employee locker will be grounds for relieving an employee of responsibility for stolen coveralls. Responsibility for losses of individual sets of coveralls will be determined by the worker’s supervisor on a case-by-case basis.
324. Radios. MUNI will make every effort to see that each inspector will have a working radio.
325. Savings clause. Should any part hereof or any provision herein be declared invalid by reason of conflict with a charter provision or existing ordinances or resolutions which the Board of Supervisors and/or the SFMTA Board of Directors had not agreed to alter, change or modify, or by any decree of a court, such invalidation of such part of portion of this CBA shall not invalidate the remaining portions hereof and the remaining portions hereof shall remain in full force and effect for the duration of the CBA.
326. This CBA sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties
327. Civil Service Rules & Administrative Code. Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet & confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract.
328. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process of the Agreement.
329. This Agreement shall be effective July 1, [begin addition] 2010 [end addition] [begin deletion] 2007, [end deletion] and shall remain in full force and effect through June 30, [begin addition] 2012 [end addition] [begin deletion] 2009 [end deletion] .
IN WITNESS HEREOF, the
parties hereto have executed this MOU this _____________ day of
______________________, [begin addition] 2010 [end addition] [begin deletion] 2009 [end deletion] .
FOR THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY |
FOR THE UNION |
|
Nathaniel P. Ford, Sr. Executive Director/CEO |
Hubert Snead International Vice President Transport Workers Union of America AFL-CIO |
|
Debra. A. Johnson Chief of Staff/Director, Administration |
Reginald McCray President Transport Workers Union, Local 200 |
|
Mike Helms Labor Relations Manager |
[begin deletion] [begin deletion] [begin deletion] |
|
[begin deletion] [begin deletion] [begin deletion] |
||
APPROVED AS TO FORM: DENNIS HERRERA, CITY ATTORNEY |
Paul Lee Secretary-Treasurer Transport Workers Union, Local 200 |
|
Elizabeth Salveson Chief Labor Attorney |
Executive Board Member |
The SFMTA Performance and Attendance Incentive Programs of this Appendix A apply only to employees in “service-critical” classes at SFMTA.
The benefits of these programs are only available to “service-critical” employees while employed at SFMTA. Employees who leave or transfer out of “service-critical” employment at SFMTA lose the benefits of these programs.
*Note: Goal percentage requirements and effective dates in Appendix A are updated in July of each year. Such goals and effective dates will be published and also posted on the MUNI website.
A Performance Incentive Program is established for “service-critical” employees at the San Francisco Municipal Transportation Agency (SFMTA) in each of the following Occupational Groups:
Service Standards are developed for each Occupational Group, and Performance Goals are established for each Service Standard. Service-critical employees responsible for achievement of Performance Goals are identified for each goal.
The following Service Standards are established for each Occupational Group:
MAINTENANCE GROUP:
OPERATIONS GROUP:
ADMINISTRATION GROUP:
HOW PROGRESS IS MEASURED
Performance Goals will be developed each fiscal year for the above listed Service Standards. For each Performance Goal, a Mode and/or Division Goal may be established. Progress toward achievement of these Performance Goals will be tracked and measured each fiscal year. A “Qualifying Fiscal Year” is defined as follows:
July 1 through June 30
When Performance Goals are achieved, Incentive Bonuses will be paid to eligible employees in each Occupational Group at the end of a fiscal quarter during which goal(s) were achieved. A “Qualifying Fiscal Quarter” is defined as follows:
1. July 1, - September 30
2. October 1, - December 31
3. January 1, - March 31
4. April 1, - June 30
INCENTIVE BONUSES
Incentive Bonuses will be paid quarterly based on Occupational Group achievement of one or more of the Performance Goals established for each Service Standard. Separate bonuses will be paid based on achievement of overall Occupational Group Goals and/or Mode or Division Goals.
Incentive Bonuses will be paid to each eligible “service-critical” employee of an Occupational Group following a Qualifying Calendar Quarter during which a group goal(s) were achieved. Bonuses will be paid no later than sixty (60) calendar days following the end of a Qualifying Calendar Quarter during which group goals were achieved. Incentive Bonuses will be itemized and paid by check to each eligible group member, after deducting applicable federal and state taxes.
Incentive Bonuses shall not be considered as part of an employee’s compensation for the purpose of computing retirement benefits.
Incentive Bonuses will be paid to eligible “service-critical” employees based on the achievement of Occupational Group and/or Mode/Division Goals as follows:
OVERALL GROUP GOALS
Number of Goals Achieved |
Quarterly Bonus |
Four (4) Group Goals achieved |
$150.00 |
Three (3) Group Goals achieved |
90.00 |
Two (2) Group Goals achieved |
60.00 |
One (1) Group Goals achieved |
30.00 |
MODE/DIVISION GOALS
Number of Goals Achieved |
Quarterly Bonus |
Four (4) Mode/Division Goals achieved |
$225.00 |
Three (3) Mode/Division Goals achieved |
150.00 |
Two (2) Mode/Division Goals achieved |
90.00 |
One (1) Mode/Division Goals achieved |
60.00 |
ELIGIBLE EMPLOYEE CRITERIA
To be eligible to receive payment of an Incentive Bonus, an employee must have actually worked a minimum of 400 hours in each Qualifying Fiscal Quarter, and not have sustained discipline of a suspension or higher. Authorized absences including vacation, legal holidays, and floating holidays shall be considered as “time worked” when computing actual hours worked.
GOAL MONITORING AND MEASUREMENT
Performance Goals will be monitored, measured, and reported in the San Francisco Municipal Railway “Services Standards” Quarterly Report.
When more than one goal is achieved, the amount of Incentive Bonuses for “service-critical” senior level management and senior administrative classifications with multi-divisional or multi-mode responsibility will be determined by the General Manager in his/her sole discretion. Classifications so affected are identified for each goal.
[begin addition] MAINTENANCE GROUP PERFORMANCE GOALS [end addition]
GOAL #1:
To assure that vehicles run on time according to published schedules (no more than 4 minutes late or 1 minute early) measured at terminals and established intermediate points.
OVERALL GROUP GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
OVERALL GOAL |
QUARTER GOALS |
July 1 - September 30 |
% TBD |
|
October 1 - December 31 |
% TBD |
|
January 1 - March 31 |
% TBD |
|
April 1 - June 30 |
% TBD |
MODE/DIVISION GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
LRV |
CABLE CAR |
TROLLEY |
DIESEL |
July 1 - September 30 |
% TBD |
% TBD |
% TBD |
% TBD |
October 1 - December 31 |
% TBD |
% TBD |
% TBD |
% TBD |
January 1 - March 31 |
% TBD |
% TBD |
% TBD |
% TBD |
April 1 - June 30 |
% TBD |
% TBD |
% TBD |
% TBD |
GOAL #2:
To increase vehicle miles between road calls by mode.
MODE GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
QUARTER GOALS
DIVISION |
OVERALL GOAL |
QUARTER GOAL |
|||
MOTOR COACH: |
|||||
Flynn-Artic |
2000 |
TBD |
|||
Woods |
2750 |
TBD |
|||
Kirkland |
3000 |
TBD |
|||
TROLLEY COACH: |
|||||
Potrero Arctic |
675 |
TBD |
|||
Potrero Standard |
1000 |
TBD |
|||
Presidio |
1250 |
TBD |
|||
RAIL: |
|||||
Breda Light Rail Vehicle |
3500 |
TBD |
|||
PCC |
1250 |
TBD |
|||
CABLE CAR: |
5500 |
TBD |
|||
GOAL #3:
To reduce the total number days of unscheduled absences.*
*[Unscheduled Absences includes the following categories: Sick pay (with pay), Sick
Leave (without pay), AWOL, Workers Comp, SDI, and Assault Pay.]
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
OVERALL GOAL |
QUARTER GOALS |
July 1 - September 30 |
% TBD |
|
October 1 - December 31 |
% TBD |
|
January 1 - March 31 |
% TBD |
|
April 1 - June 30 |
% TBD |
GOAL #4:
To reduce the total number of lost days due to industrial injury/illness.
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
OVERALL GOAL |
QUARTER GOALS |
July 1 - September 30 |
% TBD |
|
October 1 - December 31 |
% TBD |
|
January 1 - March 31 |
% TBD |
|
April 1 - June 30 |
% TBD |
OPERATIONS GROUP PERFORMANCE GOALS
GOAL #1:
To assure that vehicles run on time according to published schedules (no more than 4 minutes late or 1 minute early) measured at terminals and established intermediate points.
OVERALLGROUP GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
OVERALL GOAL |
QUARTER GOALS |
July 1 - September 30 |
% TBD |
|
October 1 - December 31 |
% TBD |
|
January 1 - March 31 |
% TBD |
|
April 1 - June 30 |
% TBD |
MODE/DIVISION GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
LRV |
CABLE CAR |
TROLLEY |
DIESEL |
July 1 - September 30 |
% TBD |
% TBD |
% TBD |
% TBD |
October 1 - December 31 |
% TBD |
% TBD |
% TBD |
% TBD |
January 1 - March 31 |
% TBD |
% TBD |
% TBD |
% TBD |
April 1 - June 30 |
% TBD |
% TBD |
% TBD |
% TBD |
GOAL #2:
To assure that scheduled service hours are delivered and scheduled vehicles begin service at the scheduled time.
MODE GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
QUARTER GOALS
DIVISION |
OVERALL GOAL |
QUARTER GOAL |
||
MOTOR COACH: |
||||
Flynn |
%TBD |
%TBD |
||
Woods |
%TBD |
%TBD |
||
Kirkland |
%TBD |
%TBD |
||
TROLLEY COACH: |
||||
Potrero |
%TBD |
%TBD |
||
Presidio |
%TBD |
%TBD |
||
RAIL: |
||||
Green |
%TBD |
%TBD |
||
Cable Car |
%TBD |
%TBD |
||
GOAL #3:
To reduce the total number days of unscheduled absences.*
*[Unscheduled Absences includes the following categories: Sick pay (with pay), Sick
Leave (without pay), AWOL, Workers Comp, SDI, and Assault Pay.]
MODE GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
QUARTER GOALS
DIVISION |
OVERALL GOAL |
QUARTER GOAL |
||
MOTOR COACH: |
||||
Flynn |
%TBD |
%TBD |
||
Woods |
%TBD |
%TBD |
||
Kirkland |
%TBD |
%TBD |
||
TROLLEY COACH: |
||||
Potrero |
%TBD |
%TBD |
||
Presidio |
%TBD |
%TBD |
||
RAIL: |
||||
Green |
%TBD |
%TBD |
||
Cable Car |
%TBD |
%TBD |
||
GOAL #4:
To reduce the total number of lost days due to industrial injury/illness.
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
OVERALL GOAL |
QUARTER GOALS |
July 1 - September 30 |
% TBD |
|
October 1 - December 31 |
% TBD |
|
January 1 - March 31 |
% TBD |
|
April 1 - June 30 |
% TBD |
ADMINISTRATION GROUP PERFORMANCE GOALS
GOAL #1:
To assure that vehicles run on time according to published schedules (no more than 4 minutes late or 1 minute early) measured at terminals and established intermediate points.
ADMINISTRATION GROUP GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
OVERALL GOAL |
QUARTER GOALS |
July 1 - September 30 |
% TBD |
|
October 1 - December 31 |
% TBD |
|
January 1 - March 31 |
% TBD |
|
April 1 - June 30 |
% TBD |
MODE/DIVISION GOALS
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
LRV, CABLE CAR, TROLLEY, DIESEL
FISCAL YEARS |
OVERALL GOAL |
QUARTER GOALS |
July 1 - September 30 |
%TBD |
|
October 1 - December 31 |
%TBD |
|
January 1 - March 31 |
%TBD |
|
April 1 - June 30 |
%TBD |
GOAL #2:
To reduce the total number days of unscheduled absences.*
*[Unscheduled Absences includes the following categories: Sick pay (with pay), Sick
Leave (without pay), AWOL, Workers Comp, SDI, and Assault Pay.
[begin addition] July 1 through June 30 of each Fiscal Year [end addition]
FISCAL YEARS |
OVERALL GOAL |
QUARTER GOALS |
July 1 - September 30 |
% TBD |
|
October 1 - December 31 |
% TBD |
|
January 1 - March 31 |
% TBD |
|
April 1 - June 30 |
% TBD |
EXHIBITS
EXHIBIT A
The following “service-critical” Job Classifications are covered under Maintenance Group Goals #1, #2, #3 and #4.
CLASS |
TITLE |
7412 |
Automotive Service Worker Asst. Sup |
EXHIBIT B
The following “service-critical” Job Classifications are covered under Operations Group Goals #1, #2, #3 and #4.
CLASS |
TITLE |
9139 |
Transit Sup. |
9140 |
Transit Manager I |
9141 |
Transit Manager II |
9150 |
Train Control Operator |
9160 |
Transit Operations Specialist |
9520 |
Transportation Safety Specialist |
EXHIBIT C
The following “service-critical” Job Classifications are covered under Administration Group Goals #1 and #2.
CLASS |
TITLE |
1773 |
Media Training Specialist |
8121 |
Fare Inspections Supervisor/Investigator |
(Non Transit Operator personnel)
The following Attendance Incentive Program is established for non Transit Operator, “service-critical” employees at the San Francisco Municipal Transportation Agency (SFMTA).
This SFMTA Attendance Incentive Program is available to “service-critical” personnel in Groups A and B as indicated on Exhibits A and B, and is offered separate and apart from any Wellness or Sick Leave “cash out” program the City may offer. The benefits of this program are not vested, and are only available to employees while in active employment status at the SFMTA. SFMTA employees who take employment in other City departments lose the benefits of this program upon the effective date of such non SFMTA employment.
ANNUAL SICK LEAVE “CASH OUT”/TIME OFF OPTIONS
If at the end of a “Qualifying Calendar Period” a full-time “service-critical” employee has not used more than a total of forty (40) hours (part-time “service-critical” employees twenty (20) hours) of sick leave, with or without pay, and or Disability Leave, and in addition has not been absent from work due to either Absence Without Leave (AWOL), leave without pay, or disciplinary suspension, may convert sick leave hours to “cash” or “time off” based on their accrued sick leave balance as shown below.
FULL-TIME QUALIFYING BALANCE |
GROUP A “CASH OUT” |
GROUP B TIME OFF |
240 hours or more sick leave balance |
40 hours |
3 days |
PART-TIME QUALIFYING BALANCE |
GROUP A “CASH OUT” |
GROUP B TIME OFF |
120 hours or more sick leave balance |
20 hours |
2 days |
Attendance Incentive Bonuses shall be paid to each qualifying employee no later than one (1) calendar month following the end of the Qualifying Calendar Period.
Employees in the groups eligible for the “time off” option shall be allowed to take their days off within ten (10) calendar months following the end of the Qualifying Calendar Period. The days off may be taken in single day increments or all at one time, subject to department/section scheduling.
NOTE: All sick leave hours “cashed out” or “taken off” shall be deducted from an employee’s total sick leave balance, however sick leave hours “cashed out” or “taken off” shall not count towards the forty (40) hours of sick leave used during the “Qualifying Calendar Period” above.
QUALIFYING CALENDAR PERIOD
For purposes of this Attendance Incentive Program a “Qualifying Calendar Period” is defined as follows:
July 1 through June 30 of each Fiscal Year
Sick leave hours “cashed out” shall be paid based on the employee’s “base hourly rate,” exclusive of any other premiums. The aforementioned incentive “cash out” premium shall not be considered as part of an employee’s compensation for the purpose of computing retirement benefits.
The following “service-critical” Job Classifications are covered under the “Cash Out” option of the Attendance Incentive Program.
GROUP A
CLASS |
TITLE |
7412 |
Automotive Service Worker Asst. Sup |
9139 |
Transit Sup. |
9140 |
Transit Manager I |
9141 |
Transit Manager II |
9150 |
Train Control Operator |
9160 |
Transit Operations Specialist |
The following “service-critical” Job Classifications are covered under the “Time Off” option of the Attendance Incentive Program.
CLASS |
TITLE |
1773 |
Media Training Specialist |
8121 |
Fare Inspections Supervisor/Investigator |
9520 |
Transportation Safety Specialist |
1. Vacation sign-ups shall be conducted by the end of January of each year for that calendar year unless important operational concerns require a delay. Seniority shall be based on date of hire with the City and County of San Francisco. When more than one employee has the same hire date with the City and County of San Francisco, the date of hire in the classification and the position on the civil service list shall determine the order for sign up.
2. Employees requesting 6th day of work on RDO will be given priority in the same group over employees requesting 7th day of work.
3. Coveralls will be provided to street inspectors upon request when required to work on or under vehicles.
4. Central Control Dispatchers will be entitled to one (1) forty five (45) minute break during an eight (8) hour shift. Breaks will be scheduled on the needs of service and staggered throughout the day.
5. Central Control Dispatchers will be entitled to one (1) twenty (20) minute break after each four (4) hours of overtime worked.
6. Central Control Dispatchers rotate their consoles on a weekly basis.
7. Employees returning to class 9139 from a promotive class will go in place on the relief board in their previous unit. The returning employee will maintain his/her sign up seniority if he/she returns within a one-year time limit.
8. Any time off work will be counted as a refusal to work overtime, for the purpose of computing overtime rotation.
9. Street Inspectors may have their mail delivered to their corners upon request.
10. Street Inspectors assigned SFMTA vehicles that are shared by more than one shift are allowed to leave their assigned districts fifteen (15) minutes early for travel time to return to the vehicle pool location.
11. Street Inspectors will be allowed to take break between calls, except during rush hours and delays, upon notification and approval of Central Control.
12. The duration of short term reassignments will be defined during the meet and confer process for sign-ups and be included in the sign-up bulletin.
13. In the Safety and Training Department the lead instructor for new operator classes will be rotated.
14. Regularly occurring special assignments will be included as part of the shift details prepared for the sign-up bulletin.
15. [begin addition] MTA agrees that it will provide TWU Local 200 with a written report annually, detailing the amount of training funds applied for and received by MTA from entities outside the City and County of San Francisco. [end addition]
16. [begin addition] MTA agrees to provide TWU Local 200 with a written report every four months (beginning December 15, 2009) identifying (1) the number of people employed by MTA within the classifications represented by TWU Local 200 and (2) the number of open and funded requisitions for positions within the classifications represented by TWU Local 200. [end addition]
Transport Workers Union Locals 250A and 200, Automotive Mechanics Local 1414, Teamsters Local 853, International Brotherhood of Electrical Workers Local 6, Laborers Union Local 261, Service Employees International Union Local 790, Stationary Engineers Local 39, and Glazier and Glass Workers, Local 718, and the San Francisco Municipal Transportation Agency (“SFMTA”) hereby agree to create an Employee Assistance Program as follows:
This Employee Assistance Program (“EAP”) shall cover employees only, and is designed to assist employees, in consultation with their families where clinically appropriate, with problems that may affect their ability to perform their jobs. The EAP shall offer counseling services, including assessment, referral, and follow-up services.
EAP’s offer assistance by helping employees assess and identify problems arising from a variety of personal areas.
EAP’s assist employees by referring them to services which lead to solutions.
EAP’s provide training and consultation services to management and union leadership regarding assisting troubled employees.
The primary goal of the EAP will be to maintain employee’s ability to be fully productive on the job. EAP’s help employees, management, and supervisors maintain a high level of service by:
Motivating employees to help;
Helping supervisors identify troubled employees with job performance problems that may be related to personal problems;
Assessing employees with alcohol abuse, drug abuse, family problems, depression, stress and other problems that can result in performance problems;
Providing easily accessible quality helping services which include short-term problem-solving and referrals to more intensive care;
Providing crisis intervention services;
Providing follow-up assistance to support and guide employees through the resolution of their problems; and by
Acting as an education and training resource.
Employees shall be able to access the EAP through calling directly (self-referral), through the Peer Assistants, or through a supervisory referral based on job performance. Participation in the EAP is voluntary.
Establishing a voluntary EAP to compliment the mandatory testing program is intended to encourage employees to seek treatment early and on their own. The EAP will assist employees in obtaining information, guidance, and counseling to help them handle their problems before they become a drug testing or disciplinary issue.
An outside vendor has been selected and will perform the following duties:
· Maintain a toll-free telephone access for referrals and respond to calls in no more than sixty (60) seconds.
· Provide union/management consultation relative to the development and integration of organizational policies and procedures necessary for effective Employee Assistance Program implementation.
· Orient employees regarding the purpose, scope, nature and use of the Employee Assistance Program.
· Train Union (including Division Chairpersons and any other Union officials), supervisory and management staff to develop the knowledge and skills necessary to effectively utilize the program in the performance of their responsibilities.
· Provide direct one-to-one counseling utilizing licensed professional staff for crisis management and to identify and evaluate personal concerns among Employer’s employees and/or their immediate dependents. Such direct counseling shall provide for three (3) sessions per family per year. Fees for any counseling sessions exceeding three (3) will become the financial responsibility of the employee and/or dependent, unless otherwise arranged for by the employer. For non-urgent situations, an appointment will be offered within seventy-two (72) hours of request. For urgent situations, an appointment will be offered on the same day as the request for service.
· Provide legal consultation, medical advice, financial consultation; one (1) consultation per incident is provided for each service, up to three (3) incidents per service, per year.
· Provide referral services to professional community resources for treatment and/or assistance, as may be appropriate.
· Provide continuing liaison and contact, when appropriate, between the employee, treatment agent or agency, and Employer to determine case status.
· Provide monthly statistical evaluation of program activity, and other reports, as needed.
· Send its principal or his designated representative to monthly meetings of the Municipal Railway Improvement Fund Board of Trustees, and any other meetings as reasonably required.
· Assess all employees involved in Critical Incidents (e.g., on the job assaults, threats and/or accidents) that occur while on duty.
· Provide up to three (3) counseling visits per employee involved in a Critical Incident.
· Develop Critical Incident Program Policies and Procedures.
· Provide Critical Incident Case management, including:
(a) Determination regarding an employee’s ability to perform duties, including coordination with management and union personnel for employees who require time off work as a result of a Critical Incident;
(b) Assisting employees in securing additional counseling visits beyond the three (3) Critical Incident/trauma response visits described above, when necessary.
(1) [begin addition] The Joint Labor-Management Committee [end addition] :
(a) [begin addition] Membership and Meetings [end addition] : Five (5) Committee members and two (2) alternate members to be appointed by the Unions. Five (5) Committee members to be appointed by the SFMTA.
If the SFMTA chooses to appoint less than five persons, it shall still have voting strength equal to that of the Unions. On the matters that come before the Committee, the SFMTA shall have one vote and the Unions shall have one vote. The vote of each side shall be controlled by the votes of the Committee members present for each respective side.
The Committee shall elect from its ranks a Chairperson and a Co-Chair, one of whom shall be a SFMTA appointee and the other the Unions’ appointee. The Chair shall be held by one side for a year, then relinquished to the other side for the next year. Either the SFMTA or the Unions may replace their named Chair or Co-Chair at any time. The Chair shall preside over meetings of the Committee. In the absence of the Chair, the Co-Chair shall so preside. The SFMTA General Manager shall provide staff support to the Committee as appropriate.
A quorum for the transaction of business by the Committee shall consist of three (3) Union Committee members and a majority of the SFMTA-appointed Committee members.
(b) [begin addition] Functions [end addition] : To receive and review information regarding the Substance Abuse and Peer Assistance Programs.
(c) [begin addition] Consolidation of Committees [end addition] : The parties to this Agreement and to the Agreement concerning drug and alcohol testing and EAP between TWU Local 250A and the SFMTA may elect to combine the joint labor-management committee established here and in the Local 250A Agreement.
(2) [begin addition] Substance Abuse Program [end addition] :
The SFMTA General Manager or designee will manage all aspects of the FTA-mandated Substance Abuse Program. He/she shall have appointing and removal authority over all personnel working for the Substance Abuse Program personnel, and shall be responsible for the supervision of the SAP.
(3) [begin addition] EAP Services [end addition] :
The SFMTA and the Unions have concluded that it is in the best interests of all concerned to establish a uniform EAP Program for all employees. On this basis, the parties agree that the SFMTA shall engage an outside contractor to provide these services.
(4) [begin addition] The Peer Assistance System [end addition] :
(a) [begin addition] Structure [end addition] :
The outside contractor selected to provide EAP services shall also be directly responsible for the clinical and administrative management of the Peer Assistance Program. This Program shall be established on a 24-hour, seven-day a week basis. The peer assistants shall provide coverage during regular business hours (Monday - Friday, 8:30 a.m. - 5:00 p.m.) for all Muni worksites or sections. A system-wide EAP crisis hotline shall be established. Night, weekend and holiday crisis coverage shall be provided by one of the peer assistants and shall be rotated among the peer assistants, who shall be available on a pager. The full compensation of the Peer Assistant providing such night, weekend and holiday coverage shall be pager pay. Pager pay will not be provided for regular daily coverage.
(b) [begin addition] Peer Assistance Oversight Committee: [end addition]
This Committee, composed of one representative from Locals 250A, 200, 6, 790 and 1414, shall be responsible for trouble-shooting and making decisions on program operations.
(c) SFMTA [begin addition] Liaison [end addition] :
The SFMTA Liaison shall be an individual designated by the SFMTA General Manager to serve as the SFMTA’s emissary in matters such as labor relations and administrative issues.
(d) [begin addition] Qualifications [end addition] :
· A MUNI employee who has previous counseling experience or is interested in peer counseling and is willing to make a two year commitment to pursue training and education toward certification as a drug and alcohol counselor
OR
· A MUNI employee who was a former substance abuser who has been clean and sober for a least two years and who continues to participate in a twelve step program
OR
· A MUNI employee who has had experience with family members’ substance abuse and who had participated in a self-help group for co-dependency
AND
· A MUNI employee who is respected by their peers, the union, and the management
AND
· A MUNI employee who is committed to the goals of the Peer Assistance Program
(e) [begin addition] Duties [end addition] :
· Assist employees in accessing the Voluntary Substance Abuse Program and EAP.
· Provide on-going support and case management for clients in the Voluntary Substance Abuse Program.
· Abide by state and federal confidentiality laws.
· Publicize the EAP verbally and through distribution of literature.
· Provide employees with information regarding the EAP and Voluntary Substance Abuse programs and create a forum for employees to discuss their concerns.
· Assist in publication of Voluntary Substance Abuse Program newsletter.
· Seek out opportunities to participate in training programs to further develop knowledge and skills.
· Develop and implement new ideas to increase utilization and maximize the effectiveness of the EAP and Voluntary Substance Abuse Programs.
· Develop and maintain a professional environment in which to interact with clients.
· Develop a group of volunteers in the divisions to support the goals of the EAP and Voluntary Substance Abuse Programs.
· Assist in education and training sessions for new and existing employees.
· Keep accurate records of client contacts and promotional activities.
(f) [begin addition] Staffing [end addition] :
There shall be a clinician employed by the outside contractor for EAP Services who will be on-site a minimum of 20 hours a week. The clinician shall report directly to the outside contractor, Peer Assistance Oversight Committee and the MIF liaison. There shall be three full-time Peer Assistants reporting to the outside contractor.
(g) [begin addition] Volunteer Peer Assistants [end addition] :
1. Up to eight (8) Volunteer Peer Assistants.
2. Assist peer assistants upon request during their off-duty time.
3. They shall participate in designated training.
4. Their activities shall be within the limits of their training.
5. Volunteer peer assistants will receive no compensation for their services.
(h) [begin addition] Functions [end addition] :
The outside contractor, in consultation with the Peer Assistance Oversight Committee, shall develop procedures for the Peer Assistance Program.
(i) [begin addition] Civil Service Commission Approval [end addition] :
The use of peer assistants shall be subject to the approval of the Civil Service Commission.
(1) An employee who has a drug and/or alcohol abuse problem and has not been selected for drug and/or alcohol testing can voluntarily refer him/herself to the EAP for treatment. The EAP will evaluate the employee and make a specific determination of appropriate treatment. An employee who has completed two rehabilitation programs may not elect further rehabilitation under this program.
(2) In the case of the up to two voluntary, employee-initiated referrals, the SFMTA will pay the employee the difference between his/her SDI benefits, use of accrued paid leaves, and any catastrophic illness benefits, and the employee’s regular hourly base pay, for up to the eight hours per day for full-time employees and up to three hours per day for part-time employees, up to a maximum of 21 work days during a five-year period. This provision shall not apply in the event the employee does not receive SDI benefit payments or during the follow-up period established by the SAP after a positive test.
The employee will be in a non-pay status during any absence for evaluation or treatment, while participating in a rehabilitation program.
The foundation of this Program is education and voluntary compliance. It is recognized that alcohol and chemical dependency may make voluntary cessation of use difficult, and one of the Program’s principal aims is to make voluntary steps toward ending substance abuse easily available.
The outside contractor shall review and develop on-going educational and training information on the adverse consequences of substance abuse and the responsibility to avoid being under the influence of alcohol or chemicals at work. Certain training required by the DOT Regulations shall be the responsibility of the Substance Abuse Program.
Participation in the EAP shall be confidential and shall be conducted in accordance with DOT and DHHS standards.
The Employee Assistance Program and the Peer Assistance Oversight Committee shall be funded by the SFMTA.
Any proposed discipline resulting from the FTA Drug and alcohol testing program shall be in accordance with the MOU’s, as amended June 12, 1995. The SFMTA recognizes the rights of employees and/or the Unions, who may consider themselves aggrieved by any discipline proposed, to raise such grievance through the authorized grievance procedure. The SFMTA General Manager will act in a fair and equitable manner, and shall prescribe that no personnel hired, contracted, selected or directly involved in the drug and alcohol testing program shall propose or render discipline.