2014 CITY OF SAN JOSE - MEF, AFSCME, LOCAL 101

TENTATIVE AGREEMENT*
TERM
July 1, 2014-June 30, 2015
WAGES
3% General Wage Increase
Effective June 22, 2014, all salary ranges for employees holding positions in classifications
assigned to MEF shall be increased by approximately 3%.
SIDE LETTER AGREEMENTS
Extend the following side letters to June 30, 2015:
Sustainable Transportation Incentive - See Attached
Shifts for Sr. Airport Operations Specialists in the Airport Department PILOT PROGRAM -
See Attached
Shifts for Animal Services Officers and Sr. Animal Services Officers in the Public Works
Department PILOT PROGRAM- See Attached
Calculation of Overtime for Employees in the Public Safety Dispatcher Class Series PILOT
PROGRAM - See Attached
The following side letter will continue:
Retiree Healthcare Stakeholder Solutions Working Group and Negotiations - See Attached
OTHER
The Union agrees to meet and confer on Retirement Board Governance changes that are within
the scope of bargaining.
All other terms and conditions of the current MOA will continue through the term of this
agreement.
* This agreement is considered tentative and shall not be considered final or binding until
ratified by the membership and approved by the City Council. This document sets forth the full
agreements of the parties reached during these negotiations. Anything not included in the
document is not part of the Tentative Agreement.
City of San Jose
May 6, 2014
Page 1 of 2
2014 CITY OF SAN JOSE - MEF, AFSCME, LOCAL 101
TENTATIVE AGREEMENT*
FOR THE CITY:
If/L/
Alex Gurza
Deputy City Manager
Date
(i^hnifer Schembri
Deputy Director of
Employee Relations
Date
Rob Perrin
Executive Analyst
Date
FOR THE UNION:
tol^r nda Cruz
President
MEF, AFSCME, Local 101
Charles AiteFu_
Business Agent
AFSCME, Local 101
Robyn Zar
Vice President
MEF, AFSCME, Local 101
-
Andrew Paul
Chief Steward
MEF, AFSCME, Local 101
5 / O 11 H
Date
Date
p/t/ij
Date
Paul Prange
Treasurer
MEF, AFSCME, Local 101
)aniel Earl
Secretary
MEF, AFSCME, Local 101
Date
^arlos Murillo
Steward - Animal Services
MEF, AFSCME, Local 101
Date
City of San Jose
May 6, 2014
Page 2 of 2
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES' FEDERATION, AFSCME LOCAL 101
Sustainable Transportation Incentive
The City and the Municipal Employees' Federation, (MEF), AFSCME Local 101, ("the
Union") agree to continue discussing programs that provide subsidies for public transit
which could be available to employees. Discussions shall include, but not be limited to,
EcoPass, regional commuter assistance and pre-tax transit programs.
Either the City or the Union may provide notice to the other of its request to discuss
programs that provide subsidies for public transit that could be available to employees.
Upon such notice, the parties shall continue these discussions within ten (10) calendar
days after the City or the Union receives notice from the other.
Agreeing to continue discussing programs that provide subsidies for public transit does
not guarantee that any of the programs discussed will be adopted and/or implemented
by the City. There are currently no funds designated for these programs.
This Agreement is tentative and shall become effective only as part of the overall
agreement on, and only during the term of, any agreement reached between the City
and the Union.
MEF, AFSCME Local 101
Date
Business Agent
AFSCME, Local 101
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE .
AND
THE MUNICIPAL EMPLOYEES' FEDERATION/AFSCME, LOCAL 101 (MEF)
Shifts for Sr. Airport Operations Specialists in the Airport Department
PILOT PROGRAM
The City and the Union acknowledge that the MEF Memorandum of Agreement has the
following language regarding unpaid lunches:
7.3 The normal work schedule shall be forty (40)-hours consisting of five (5)
consecutive days of eight (8) hours each, exclusive of a lunch period of at
least thirty (30) minutes, Monday through Friday. Insofar as is possible,
lunch periods shall be scheduled in the middle of the shift. The length of
any lunch period Is subject to supervisory approval.
Full-time employees in the Senior Airport Operations Specialist classification (3514) in
the Airport Department currently work either an eight and a half (8.5) hour shift with a
half (0.5) hour unpaid lunch period five (5) days a week, or a ten and a half (10.5) hour
shift with a half (0.5) hour unpaid lunch period four (4) days a week.
In recognition of the following circumstances, effective the beginning of the pay period
closest in time after this agreement has been signed and executed, full-time employees
in the Senior Airport Operations Specialist classification (3514) will work either a straight
eight (8) hour shift without an unpaid lunch five (5) days a week or a straight ten (10)
hour shift without an unpaid lunch four (4) days a week as a Pilot Program that shall
expire on June 21, 2014. The Pilot Program is in recognition of the following:
9 For eight (8) / ten (10) straight hours a day, full-time employees in the Senior
Airport Operations Specialist classification (3514) will be required to perform
activities that are work related and during this period of time, they may not be
relieved of active work time. If an employee needs to be relieved of active work
time for any period of time during their work shift, they must request to use their
own leave and such requests are subject to supervisory approval prior to the use
of such leave.
o An employee is not required to use their leave to take their two (2) fifteen
(15) minute breaks (or rest period), which cannot be combined. Insofar
as is possible, breaks (or rest periods) shall be scheduled in the middle of
each half of the shift. It is understood and agreed that the inability to
permit an employee to take a rest period shall not be a basis for any claim
for overtime compensation.
a For eight (8) / ten (10) straight hours a day, full-time employees in the Senior
Airport Operations Specialist classification (3514) may not leave Airport property,
unless performing work off-site as directed by their supervisor, and must be
available to perform activities that are work related during their entire work shift.
If an employee needs to leave Airport property and/or is unavailable to perform
activities that are work related for any reason during their work shift, they must
request to use their own leave and such requests are subject to supervisory
approval prior to the use of such leave.
This Pilot Program shall become effective when signed by all parties below and shall
expire June 21. 2014. Either party may at any time terminate the Pilot Program prior to
June 21, 2014, upon written notice being provided to the other party.
FOR THE CITY: FOR THE UNIONS:
MEF, AFSCME Local 101
Charles Allen
Business Agent
AFSCME, Local 101
Date
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES' FEDERATION/AFSCME, LOCAL 101 (MEF)
Shifts for Animal Services Officers and Sr. Animal Services Officers in the
Public Works Department
PILOT PROGRAM
The City and the Union acknowledge that the MEF Memorandum of Agreement has the
following language regarding unpaid lunches;
7.3 The normal work schedule shall be forty (40)-hours consisting of five (5)
consecutive days of eight (8) hours each, exclusive of a lunch period of at
least thirty (30) minutes, Monday through Friday. Insofar as is possible,
lunch periods shall be scheduled In the middle of the shift. The length of
any lunch period is subject to supervisory approval.
Full-time employees in the Animal Sen/ices Officer classification (3252) and/or in the
Senior Animal Services Officer classification (3251) in the Public Works Department
currently work either an eight and a half (8.5) hour shift with a half (0.5) hour unpaid
lunch period five (5) days a week, or a ten and a half (10.5) hour shift with a half (0.5)
hour unpaid lunch period four (4) days a week.
In recognition of the following circumstances, effective the beginning of the pay period
closest in time after this agreement has been signed and executed, full-time employees
in the Animal Services Officer classification (3252) and full-time employees in the Senior
Animal Services Officer classification (3251) will work either a straight eight (8) hour shift
without an unpaid lunch five (5) days a week, or a straight ten (10) hour shift without an
unpaid lunch four (4) days a week, as a Pilot Program that shall expire on June 21,
2014. The Pilot Program is in recognition of the following:
For eight (8) / ten (10) straight hours a day, full-time employees in the Animal
Services Officer classification (3252) or in the Senior Animal Services Officer
classification (3251) will be required to perform activities that are work related
and during this period of time, they may not be relieved of active work time. If an
employee needs to be relieved of active work time for any period of time during
their work shift, they must request to use their own leave and such requests are
subject to supervisory approval prior to the use of such leave.
Re: Side Letter-
Page 2 of 2
Shifts for Animal Services Officers and Senior Animal Services Officers
o An employee is not required to use their leave to take their two (2) fifteen
(15) minute breaks (or rest period), which cannot be combined. Insofar
as is possible, breaks (or rest periods) shall be scheduled in the middle of
each half of the shift. It is understood and agreed that the inability to
permit an employee to take a rest period shall not be a basis for any claim
for overtime compensation.
o For eight (8) / ten (10) straight hours a day, full-time employees in the Animal
Services Officer classification (3252) or in the Senior Animal Services Officer
classification (3251) may be required to respond to emergency calls and must be
available to perform activities that are work related during their entire work shift.
If an employee is unavailable to perform activities that are work related for any
reason during their work shift, they must request to use their own leave and such
requests are subject to supervisory approval prior to the use of such leave.
This Pilot Program shall become effective when signed by all parties below and shall
expire June 21. 2014. Either party may at any time terminate the Pilot Program prior to
June 21, 2014, upon written notice being provided to the other party.
FOR THE CITY: FOR THE UNIONS:
MEF, AFSCME Local 101
S-x\'\2>
Date Charles Allen
Business Agent
AFSCME, Local 101
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE MUNICIPAL EMPLOYEES' FEDERATION/AFSCME, LOCAL 101 (MEF)
Calculation of Overtime for Employees in the Public Safety Dispatcher Class
Series
PILOT PROGRAM
The City and the Union acknowledge that the MEF Memorandum of Agreement has the
following language regarding the calculation of overtime compensation:
7.12.1 Hours assigned and worked in excess of forty (40) hours per week
shall be compensated by overtime pay or compensatory time at 1.5
times the hourly rate for the number of overtime hours worked. Paid
time off shall not be considered time worked for the purpose of
calculating eligibility for overtime.
Employees in the Public Safety Dispatcher class series listed below in the Police
Department and Fire Department are often required to work mandatory overtime shifts
due to the twenty-four hour operations of the Police Department and Fire Department.
Public Safety Communications Specialist
Public Safety Communications Specialist (PT)
Public Safety Radio Dispatcher
Public Safety Radio Dispatcher (PT)
Public Safety Radio Dispatcher Trainee
Public Safety Radio Dispatcher Trainee (PT)
Senior Public Safety Dispatcher
Senior Public Safety Dispatcher (PT)
Supervising Public Safety Dispatcher
In recognition of the circumstances listed above, effective the first pay period after this
agreement has been signed by all parties below and has been approved by the City
Council, paid time off (excluding sick leave) shall be considered time worked for the
purpose of calculating eligibility for overtime compensation for employees in the
classifications in the Public Safety Dispatcher class series listed above, and only during
the term of this Pilot Program.
MEF Side Letter - Calculation of Overtime for Employees in the Public Safety Dispatcher Class Series
Pilot Program
March 5, 2014
Page 2 of 2
This Pilot Program shall become effective on the first pay period after this agreement is
signed by all parties below and has been approved by the City Council, and shall expire
on June 21. 2014. Either party may, at any time, terminate the Pilot Program prior to
June 21, 2014, upon fifteen day advance written notice being provided to the other party.
For Employer:
City of San Jose
Alex Gurza
Deputy City Manager
/ennifer Schembri
Deputy Director, OER
V1-/V
Date
Date
For Union:
MEF
Yqlajida Cruz
President, MEF
jS/s/W
'ate
Charles Allen Date
AFSCME Local 101 Business Agent
Side Letter Agreement
RETIREE HEALTHCARE STAKEHOLDER SOLUTIONS WORKING GROUP
AND NEGOTIATIONS
PURPOSE
The parties recognize the importance of funding the current retiree healthcare benefit,
and since 2009, have been increasing contributions into the plan in order to begin
paying the full Annua! Required Contribution to ensure funding of the retiree healthcare
benefit.
Neither the City nor the bargaining units have committed to close the plan. However,
new employees will not enter the existing retiree healthcare plan. Since current
employees share in paying the unfunded liabilities of the current retiree healthcare
benefit, new employees who are not in the current plan would not be making those
payments. The City has agreed to make the contributions towards the unfunded
liabilities that those new employees would have paid had they been in the current plan.
The City has agreed to do so in order to allow time for long-term solutions to be
developed by a Retiree Healthcare Solutions Working Group ("Working Group") and
negotiations.
The goal of the Working Group shall be to develop options that lead to long-term
solutions to the retiree healthcare issue.
The City and the Coalition1 have agreed to immediately continue working on solutions to
retiree healthcare both through the Working Group and subsequent negotiations. The
parties are committed to working collaboratively towards long-term solutions and have
agreed to remain open to considering various options. The options considered will
include, but are not limited to, the following:
Using high-deductible healthcare plans in combination with individual health
savings accounts;
Limitations on the current retiree healthcare benefit in combination with individual
health savings accounts;
Tiered healthcare benefit structures based on length of employment;
Modification of eligibility requirements;
Health plan design aiid rate structure changes;
Incentives for employees to work beyond normal retirement eligibility; and
The inclusion or exclusion of new employees in any modifications, or the
formation of a completely different plan for new employees.
1 The San Jose Federated Labor Coalition consists of the following nine (9) bargaining units:
Association of Building, Mechanical, and Electrical Inspectors (ABMEI), Association of Engineers and
Architects (AEA), Association of Legal Professionals (ALP), Association of Maintenance Supervisory
Personnel (AMSP), City Association of Management Personnel (CAMP), Confidential-Employees'
Organization (CEO), International Brotherhood of Electrical Workers (IBEW), Municipal Employees'
Federation (MEF) and International Union of Operating Engineers, Local #3 (OE#3).
Q

0
Page 1 of 4
Side Letter Agreement
Retiree Healthcare Stakeholder Solutions Working Group and Negotiations
RETIREE HEALTHCARE STAKEHOLDER SOLUTIONS WORKING GROUP
Facilitator:
By August 1, 2013, the City and the Coalition members will mutually agree on an
independent person or entity that is knowledgeable in the area of retiree healthcare
benefits to facilitate the Working Group.
The facilitator will facilitate the discussions, provide information to the parties, and
generally assist in the development of options for long-term solutions. Upon the mutual
agreement of the City and Coalition members, other subject matter experts may be
engaged to assist in analyzing possible solutions.
The costs of the facilitator and any subject matter experts will be shared equally
between the City and the Coalition members.
Participation:
In addition to the City and a representative from each bargaining unit in the Coalition,
members of the Working Committee will include a representative of the retirees, and
any unrepresented employee group(s).
Meetings:
The City and the Coalition will jointly schedule Working Group sessions in coordination
with the facilitator. More frequent and longer Working Group sessions will be scheduled
in the early stages of the process. The Working Group sessions will be open to
employees and the public.
TIMELINE FOR RETIREE HEALTHCARE SOLUTIONS WORKING GROUP AND
NEGOTIATIONS:
The Working Group shall agree upon a facilitator no later than August 1, 2013. The time
period to schedule Working Group sessions will be from August 1, 2013, and conclude
no later than December 31, 2013, unless the parties mutually agree to extend the
timeframe. The City and the Coalition agree that this process will not supplant the meet
and confer process regarding retiree healthcare.
Negotiations between the City and the bargaining units shall commence within 14 days
upon notice of either party, but no earlier than January 1, 2014, The City and the
bargaining units shall negotiate in good faith in an effort to reach a mutual agreement.
Applicable impasse dispute resolution procedures shall apply. The parties intend to
meet and confer through coalition bargaining. However, all parties reserve their
respective rights to withdraw from coalition bargaining. In such an event, the City and
any bargaining unit that withdraws from the Coalition will bargain separately.
Page 2 of 4
Side Letter Agreement
Retiree Healthcare Stakeholder Solutions Working Group and Negotiations
This Side Letter Agreement is considered part of the tentative agreement on retiree
healthcare with the bargaining units and shall become effective only as part of the
overall retiree healthcare agreement. Each bargaining unit conducts separate
ratification processes, and this Side Letter Agreement shall be effective for those
bargaining units who ratify the overall tentative agreement on retiree healthcare, and
only during the term of those agreements with each respective bargaining unit.
FOR THE CITY
(sll'll
Alex Gurza
Deputy City Manager
iJennlfer Schembri
Date
Depu'ty Director of Employee Relations
Date
Cheryl Parkrpan
Executive Analyst
Office of Employee Relations
/ 1 ' 'Date
FOR THE UNION;
Yklanda Cruz
G
President
MEF, AFSCME Local 101
ol lo/i 3
Date
Charles Allen
Business Agent
AFSCME, Local 101
FOR THE UNION:
Date
President
CEO, AFSCME Local 101
Charles Allen
Business Agent
AFSCME, Local 101
<s/lo/l3
Date
FOR THE UNION:
Bill Pope
Business Represfentafive
Operating Engineers, Local s
Vera Todorov
President
ALP
FOR-tH^NIONT)
LaaI L ,a/L
Peter Fenerin
President
ABMEI
Page 3 of 4
Side Letter Agreement
Retiree Healthcare Stakeholder Solutions Working Group and Negotiations
John Mukhar / ^
President
AEA, IFPTE Local 21
Michael Seville
Acting Senior Representative
IFPTE, Local 101
Date
Dal&t?efpp
President
AMSP, IFPTE Local 21
Michael Seville
Acting Senior Representative
IFPTE, Local 101
Date
FOR THE UNION:
Matt Farrell
President
CAMP, IFPTE Local 21
Michael Seville
Acting Senior Representative
IFPTE, Local 101
Date
FOR THE UNION:
Frank CruscdT \
Chief Steward
IBEW, Local 332
U- /O - 13
)an Rodriquez Dan Rodriguez
Business Representative
IBEW, Local 332
Date
vy/5
Date
Page 4 of 4