Southeast Area Animal Control Authority

SEIU Local 721
Southeast Area
Animal Control Authority
Memorandum of Understanding
July 1, 2012
through
June 30, 2013
MEMORANDUM OF UNDERSTANDING
BETWEEN
SOUTHEAST AREA ANIMAL CONTROL AUTHORITY
AND
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
Article 1:
PARTIES TO MEMORANDUM
This Memorandum of Understanding (MOU) is made and entered into by and between the
Southeast Area Animal Control Authority (hereinafter referred to as "SEAACA") and the Service
Employees International Union Local 721 (hereinafter referred to as "Union"). Both parties
agree that what was known as Southeast Employees Association will now be recognized as
Service Employees International Union Local 721.
Article 2:
RECOGNITION
Pursuant to Government Code Section 3500 et. seq., SEAACA recognizes the Union as the
exclusive bargaining agent for all employees occupying the job classifications as set forth in
"Exhibit A" which is attached.
Article 3:
COMMISSION APPROVAL
It is hereby acknowledged and agreed that this Memorandum of Understanding shall have no
force and effect and shall not become binding upon the parties until ratified and approved by the
SEAACA Board of Commissioners.
Article 4:
SCOPE OF REPRESENTATION
The scope of representation shall include all matters relating to employment conditions and the
employer/employee relations including, wages, hours and other terms and conditions of
employment. The scope of representation shall not include consideration of merits, necessity,
or organization of any service or activity provided by law or executive order. Further, the scope
of representation shall not include any subjects reserved to the agency in Article 5, SEAACA
RIGHTS.
Nothing in this Memorandum of Understanding shall be construed as constituting an
acknowledgment by SEAACA that any work is or may become the exclusive right of any
employee or classification of employees represented by the Union.
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Article 5:
SEAACA RIGHTS
Section 1 Prior to the time when the Union (Association) become the representative of the
employees covered by this Agreement, SEAACA had the right to conduct its operations and
deal with the employees with complete freedom, except as its rights were bound and limited by
law. By agreement, SEAACA has agreed to certain express limitations to those rights. However,
it is the intention of the parties hereto that SEAACA retain, and SEAACA does retain, each and
every right and privilege that it ever had and enjoyed excepting as it has by this Agreement
agreed to limit.
Section 2 Without limiting the generality of the foregoing, SEAACA reserves and retains, solely
and exclusively, all of its rights to manage the Authority. The sole and exclusive rights of
management which are not abridged by this Agreement shall include (but are not limited to) the
following rights:
a. To manage SEAACA generally and to determine issues of policy; to determine the
existence or non-existence of facts which are the basis of a management decision; to
determine the necessity and organization of any service or activity conducted by
SEAACA and expand or diminish services; to determine the nature, manner and extent
of services to be provided to the public; methods of financing; types of equipment to be
used; to establish, to continue, discontinue or modify policies, practices or procedures; to
determine and change the facilities, methods, means and personnel by which SEAACA
functions.
b. To determine the size and composition of the work force; to assign work to employees in
accordance with requirements as determined by SEAACA and to establish and change
work schedules and assignments, and to establish the days and hours when employees
shall work; to relieve employees from duty due to lack of work or similar non-disciplinary
reasons; to, in lieu of layoffs establish schedules which share work among employees in
a given division or divisions.
c. To establish and/or modify productivity and performance programs and standards.
d. To discharge, suspend or otherwise discipline employees for proper cause, to determine
job classifications and to reclassify employees.
e. To hire, transfer, promote and demote employees for non-disciplinary reasons.
f.
To determine policies, procedures, and standards for selection, training and promotion
of employees; to establish employee performance standards including (but not limited
to), quality and quantity standards; and to require compliance therewith; to maintain
order and efficiency in its facilities and operations; and to establish and promulgate
and/or modify rules and regulations to maintain order and efficiency; to introduce newer
improved methods, equipment or facilities; to discontinue processes of operations or to
discontinue their performance by employees of SEAACA; to determine the number of
hours per day or per week operations shall be carried on, the schedules thereof, and to
determine and schedule the number and types of employees required to carry out the
operations of SEAACA; and to assign work to such employees in accordance with
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requirements determined by Management; to take any and all necessary action to carry
out its missions in emergency and other situations of unusual or temporary
circumstances.
g. To exercise complete control and discretion over its organization and technology
performing its work and services; and to establish reasonable work and safety rules and
regulations in order to maintain the efficiency and economy desirable in the performance
of SEAACA services.
All management rights, powers, authority and functions, whether heretofore or hereinafter
exercised shall remain vested exclusively in SEAACA.
This article is not subject to the grievance procedure.
Article 6:
IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING
This MOU constitutes a joint recommendation of Management and the Union. It shall not be
binding in whole or in part on the parties hereto unless and until:
a. The Union has notified the SEAACA in writing that it has approved this MOU in its entirety.
b. The determining bodies represented herein have approved this MOU in its entirety in the
matter required by law, and they have taken such other actions as might be required to
implement the provisions of this MOU.
Article 7:
TERM
The term of this MOU shall commence on the date when the terms and conditions for its
effectiveness as set forth and have been met, but in no event shall this MOU become effective
prior to 12:01 a.m. on July 1, 2012. This MOU shall expire and otherwise be fully terminated at
11:59 p.m. on June 30, 2013.
Article 8:
NO STRIKE — NO LOCKOUT
In consideration of the mutual desire of the parties to promote and ensure and a harmonious
relationship and in consideration of this mutual pledge of accord, the Union and its members
agree that there shall be no strike walkout, work stoppage, slowdown, sick-out, 'blue flu',
withholding of services or other interference with SEAACA operations, or any other job action by
withholding or refusing to perform services by the members during the term of this
Memorandum of Understanding. SEAACA agrees that there shall be no lockout or the
equivalent of the members of the Union.
Section 1 Any employee who participates in any conduct prohibited in this MOU shall be subject
to discipline by SEAACA.
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Section 2 In addition to any other lawful remedies or disciplinary actions available to SEAACA,
and in the event of an anticipated work action by its members, the Union shall make concerted
and reasonable efforts to ensure the anticipated work action does not occur.
Section 3 In the event that the Union, its officers, agents, representatives, or members engage
in any of the conduct prohibited in this Article, the Union shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this Memorandum of
Understanding and unlawful and that they must immediately cease engaging in prohibited
conduct and return to work.
Section 4 The curtailing of operations by SEAACA in whole or part for operational or economic
reasons shall not be construed as a lockout.
Section 5 The provisions of this article shall not detract in any way from any restrictions imposed
by law on strikes and other types of work stoppages by public employees.
Article 9:
NON-DISCRIMINATION PROVISION
The parties mutually reaffirm their respective policies of nondiscrimination in the treatment of
any employee because of race, religious creed, color, sex, sexual orientation, age, disability,
Union activity, national origin, or ancestry. The parties further reaffirm that SEAACA, the Union
or any Bargaining Unit member shall not interfere with, intimidate, restrain, coerce or
discriminate against any employee who chooses to participate or not to participate in union
activities.
Whenever the masculine gender is used in this Memorandum of Understanding it shall be
understood to include the feminine gender in this memorandum of Understanding.
Article 10:
WAIVER OF BARGAINING DURING TERM OF AGREEMENT
Section 1 During the term of this Memorandum of Understanding the parties hereto mutually
agree not to be required to negotiate or bargain with respect to any matters pertaining to rates,
wages, hours and terms and conditions of employment, whether or not covered by this
Memorandum of Understanding or in the negotiations leading thereto and irrespective of
whether or not such matters were discussed or were even within the contemplation of the
parties hereto during negotiations leading to this Memorandum. Regardless of the waiver
contained in this Article, the parties, by mutual agreement in writing, agree to meet and confer
about any matter during the term of this Agreement.
Section 2 It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and memoranda of understanding, oral or
written, express or implied, between the parties, and shall govern their entire relationship and
shall be made the sole source of any and all rights which may be asserted hereunder or
otherwise. This Memorandum of Understanding is not intended to cover any matters preempted
by federal or state law.
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Article 11:
EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of SEAACA, such as acts of God, fire, flood,
declared national or local emergency or similar circumstances, provisions of this Memorandum
of Understanding which restrict SEAACA's ability to respond to these emergencies shall be
suspended for the duration of such emergency and only to the extent necessary to address the
emergency (i.e.: the entire MOU shall not be suspended). After the declared emergency is
over, the Union shall have the right to meet and confer with SEAACA regarding the impact of
the suspended provisions in the Memorandum of Understanding.
Article 12:
SEVERABILITY PROVISION
Should any provision of this Memorandum of Understanding be found to be inoperative, void, or
invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
Article 13:
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
Section 1 Dues Deduction. SEAACA shall deduct dues on a regular basis from the pay of all
classifications and positions recognized to be represented by the Union who voluntarily
authorize such deduction in writing on a form to be provided for this purpose, which is mutually
agreed by SEAACA and the Union. SEAACA shall remit such funds to the Union within thirty
(30) days following the deductions. Nothing contained herein shall be construed to obligate
SEAACA to collect said dues on a regular basis on behalf of the Union if said collection is in
contravention to any law and provided further that said collection procedure may be terminated
by mutual agreement of both parties upon thirty (30) days written notice to either party.
Section 2 The Union agrees to hold SEAACA harmless and indemnify SEAACA against any
claims, causes of action, attorneys' fees, or lawsuits arising out of the deductions or transmittal
of such funds to the Union.
Section 3 List of employees deleted from dues deductions-SEAACA agrees to provide on a
monthly basis, the names and addresses of employees who are dues paying members of the
Union and the names and addresses of individuals who were dues paying members of the
Union who have recently retired or otherwise separated from SEAACA. Employees who have
declined membership in the Union shall not have their personal information provided to the
Union.
Section 4 List of Union Staff Representatives
The Union shall provide Management with a list of its Union Staff Representatives.
Management will provide the Union with a list of persons designated to grant access to
SEAACA facility or work locations. Both lists shall be provided in January, April, July, and
October.
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Section 5: Bulletin Boards
SEAACA agrees to provide a bulletin board or reasonable space at work
Locations which may be used by the Union for the following purposes:
a.
b.
c.
d.
Notices of Union meetings
Notices of Union election and their results
Notices of Union recreational and social events
Notices of official Union business
Article 14:
WORK ACCESS
A. Work Access-Union Staff Representatives, with prior approval of Management, shall be
admitted to SEAACA facilities during regular business hours to represent an employee
during grievance meetings with management. With prior approval of management, a Union
Staff Representative may also be admitted to SEAACA facilities which are open to the public
at reasonable intervals, for the purpose of communicating with Union members who are off
duty. Such communications shall be limited to an exchange of information concerning the
lawful and legitimate activities of the Union and/or its membership.
B. If access cannot be permitted at the time requested, the Union Staff Representative will be
given the date and time when such access will be permitted. It is mutually understood that
only the minimum amount of time necessary to handle complaints or grievances will be
utilized by the Union Staff Representative.
C. The provisions of this Article shall not be deemed to be a limitation on the authority of
Management to deny access to facilities or work sites designated as "secure" or
"confidential."
Article 15:
SALARIES
3.5% Cost of Living Increase for all bargaining unit employees beginning July 1, 2012
Article 16:
LONGEVITY MERIT PAY
Section 1 SEAACA shall provide a one step (5.5%) longevity salary increase to all employees
upon their completion of five (5) years of continuous full time service if their performance is
satisfactory.
Section 2 SEAACA shall provide an additional one step (5.5%) longevity salary increase to all
employees upon their completion of fifteen (15) years of continuous full time service if their
performance is satisfactory.
Section 3 SEAACA shall provide an additional one step (5.5%) longevity salary increase to all
employees upon their completion of twenty (20) years of continuous full time service if their
performance is satisfactory.
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Article 17:
OUT-OF-CLASS PAY
Any office clerk assigned to perform the duties of a higher paying classification for a minimum of
four hours in one shift shall be compensated at the corresponding step of the higher
classification.
Article 18:
SHIFT DIFFERENTIAL
Any employee scheduled to work a swing shift or a graveyard shift shall receive a differential of
$0.75 per hour for all time worked between of 8:00 p.m. and 8:00 a.m.
Article 19:
MILEAGE REIMBURSEMENT
A mileage reimbursement of $0.55 per mile is provided for qualified employees operating their
personal vehicles in the service of SEAACA. Documentation and approval by a supervisor will
be required.
Article 20:
EDUCATION ALLOWANCE
An education allowance incentive program is in force, paying a maximum of $150 per fiscal year
per employee for college or vocational training including reimbursement of books and materials
up to 100% upon conditions as follows:
Section 1 Reimbursement will take place only upon satisfactory completion of the course(s).
Section 2 Course(s) of study must relate to the employee's job function or to prepare for
advancement into a higher position within SEAACA.
Section 3 Receipts for all expenses must be submitted to qualify for reimbursements.
Article 21:
JURY DUTY
An employee duly summoned to attend any court for the purpose of performing jury service
shall, for those days during which jury service is actually performed and those days necessary
to qualify for jury service, receive his/her regular salary. For those days SEAACA pays the
employee his or her regular salary, jury fees shall be surrendered to SEAACA. Fees may be
retained by the employee if the jury service is performed on the employee's day off.
Article 22:
FRINGE BENEFITS ADMINISTRATION PROVISION
Section 1 Administration-SEAACA reserves the right to select, administer, or fund any fringe
benefits program that now exists or may exist in the future during the term of this Memorandum
of Understanding.
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Section 2 Selection and Funding-In the administration of fringe benefit programs, SEAACA shall
have the right to select any insurance carrier or other method providing coverage to fund the
benefits mutually agreed upon by both parties, provided under the terms of this Memorandum of
Understanding.
Article 23:
HEALTH AND DENTAL INSURANCE
Section 1 Health Insurance:
a. For the term of this Memorandum of Understanding, group medical and hospitalization
insurance will be paid by SEAACA as follows: (a) SEAACA will pay the total premium cost
for single full-time permanent employee coverage only; (b) For employees hired prior to
July 1, 2003 as a full-time permanent employee, SEAACA will pay 97% of the total
premium cost for an employee and all dependents the employee elects to cover; (c) For
employees hired July 1, 2003 or after, SEAACA will pay up to a maximum of $650.00 for
spouse and/or dependent coverage. The remaining premium cost shall be paid by the
employee through automatic payroll deductions. If an employee can show proof of
equivalent full coverage secondary insurance acquired through another plan (e.g. other
family insurance, prior employer or retirement benefits), SEAACA will pay the employee
75% of what the agency would pay on the employee's behalf for health insurance. This
would include what is paid for the individual and family for those hired before June 2003
plus the individual and the family stipend of up to $650.00 for those hired after 2003.
b. SEAACA shall continue the existing providers of health care services for the life of this
Memorandum of Understanding or, at its choice, may select another carrier to provide
group medical insurance to the eligible employees of SEAACA. If there is a change in
providers, the Authority will meet with the Union to outline the program selected. SEAACA
agrees to cover any additional expense resulting from a change in providers through June
30, 2013.
Section 2 Dental Insurance: For the term of this memorandum, SEAACA will continue to pay
100% of the cost of dental insurance for the employee only. If the employee chooses coverage
for dependents under the dental insurance program, the cost of dependent coverage will be
paid for by the employee through automatic payroll deduction.
If an employee can show proof of equivalent full coverage secondary insurance acquired
through another plan (e.g. other family insurance, prior employer or retirement benefits),
SEAACA will pay the employee 75% of what the agency would pay on the employee's behalf for
dental insurance.
Section 3 After twelve (12) months of medical leave (excluding compensatory time off, sick
leave and vacation time used), or upon entering a vocational rehabilitation program, whichever
comes first, the employee shall be required to pay monthly medical, dental and life insurance
premiums, in advance, for him/herself and his/her dependents. This provision does not apply to
pregnancy disability and will be effective for employees who leave active employment under
these circumstances after the effective date of this agreement.
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Article 24:
LIFE INSURANCE
For the life of this agreement, SEAACA shall provide for each eligible employee, life insurance
in the amount of $10,000 at no cost to the employee, or, for each eligible employee who has
completed five years of continuous permanent employment, life insurance in the amount of
$20,000 at no cost to the employee.
Article 25:
DISABILITY INSURANCE
During the term of this agreement, SEAACA shall continue a Long and Short Term Disability
program which provides for partial income replacement during any period of disability resulting
from an accident or illness, providing the injury or illness is totally disabling for at least 30 days.
Article 26:
VACATION
Section 1 All eligible employees of SEAACA shall be entitled to annual vacation leave with pay
after the completion of one (1) full year of full-time, permanent employment.
a. Vacation leave shall accrue at the rate of eighty (80) hours per year to a maximum
accumulation of one hundred sixty (160) vacation hours.
b. Those employees past five years of continuous permanent employment shall accrue
vacation leave at the rate of one hundred twenty (120) hours per year, to a maximum
accumulation of two hundred forty (240) vacation hours.
c. Those employees past ten years of continuous permanent employment shall accrue
vacation leave at the rate of one hundred sixty (160) hours per year, to a maximum
accumulation of three hundred twenty (320) vacation hours.
Section 2
a. Vacation shall be taken at the convenience of SEAACA with the approval of the
immediate supervisor and in not less than 8 hour increments. Where possible, such
vacation should be taken annually and not accumulated from year to year.
Employees shall be permitted to accumulate leave as noted in Section 1 of this
article.
b. If the employee is prohibited by the Supervisor from taking vacation because of
manpower shortages or operational needs, the employee shall be paid all requested
vacation (subject to conditions in Section 2, a through c inclusive), at his/her current
salary rate. Any employee requesting to use his/her accrued vacation time may
request that he/she be advised within 72 hours whether the request has been
approved or denied.
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c. If an employee has requested vacation in compliance with time constraints contained
in the vacation scheduling policy and is prohibited by the Supervisor from taking
vacation because of manpower shortages or operational needs, the employee may,
upon the employee's request, be paid all requested vacation at his/her current salary
rate provided he/she has exceeded his/her maximum accrual of time allowed as
outlined in Section 1 of this Article. Employees shall not be paid requested vacation if
the reason for denial is that another employee in the division is scheduled for
vacation during the same day or days.
Article 27:
SICK LEAVE
Section 1 Regular salaried employees receive 8.0 hours sick leave per month of service.
Subject to the other provisions in this Article, employees are eligible to use sick leave upon
accrual of sick leave.
Sick leave is a right which an employee may use at his/her discretion but shall be allowed only
in case of actual sickness or disability. If an employee has an illness or injury, the employee
may use any accrued non-sick leave once all accrued sick leave has been used.
Any approved sick time shall count towards hours worked. In the event a regular employee
works over forty (40) hours, inclusive of approved sick leave, the time over the forty (40) hours
shall be paid as set forth in this Memorandum of Understanding.
Section 2 SEAACA will make a lump sum payment to terminated employees equal to 50% of all
unused sick leave accrued following that date. The lump sum payment shall be based upon the
value of the sick leave on the date earned. Said benefit shall remain vested with employee
without expiration.
Section 3 SEAACA will allow employees use of sick leave, up to the amount of sick leave
accrued in a six-month period (48 hours maximum during any one Fiscal Year) to attend to the
illness of a child, parent or spouse. This includes transporting/accompanying those individuals
for appointments related to the illness.
Article 28:
PERSONAL BUSINESS LEAVE
Section 1 For the purpose of personal business, sixteen (16) hours shall be credited each Fiscal
Year to all eligible employees of SEAACA who have completed one continuous year of
employment.
Section 2 For the purpose of simplifying administration of personal business leave, a quarterly
pro-ration schedule shall apply for the initial credit for persons hired at other than the beginning
of a Fiscal Year. Examples: a) A person hired during the first quarter of the Fiscal Year shall be
given three-quarters of the benefit (i.e. 12 hours) for the remainder of the Fiscal Year following
the date of their first anniversary; b) A person hired during the third quarter of the Fiscal Year
shall be given one quarter of the benefit (i.e. 4 hours) for the remainder of the Fiscal Year
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following the date of their first anniversary. Thereafter, at each July 1 they shall receive the
credit specified in Section I of this Article.
Section 3 Any employee desirous of using said personal business leave must give a seventytwo (72) hour notice to the immediate supervisor prior to using this time, but need not give a
reason therefore.
Article 29:
FAMILY MEDICAL LEAVE
SEAACA will include in the General Employee Policy and Procedures Manual a policy that is
consistent with the current family medical leave laws.
(SEAACA will provide copy of policy to be incorporated in Policy Manual.)
Article 30:
HOLIDAYS
Section 1 The following nine (9) holidays shall be declared as legal designated holidays for
SEAACA. Eligible employees shall receive these days off with full pay, or equal compensation if
required to work.
New Year's Day
President's Day
Easter Sunday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Section 2 Any employee required to work on a designated holiday shall be compensated at the
rate of time and one-half the employee's base rate of pay for each hour worked, plus eight
hours holiday pay, or in lieu of holiday pay, shall be granted eight hours off with pay at a
mutually agreeable time.
Section 3 Any employee required to work on a designated holiday when such holiday falls on
the employee's regular day off shall be compensated at the rate of one additional hour of
straight time pay for each hour worked, plus eight hours holiday pay. In lieu of holiday pay an
employee may be granted eight hours off with pay at a mutually agreeable time.
Article 31:
EMERGENCY AND BEREAVEMENT LEAVE
SEAACA shall provide paid emergency leave or bereavement leave of up to three days (24
hours) per calendar year, to any employee for the death or serious illness of any member of the
employee's immediate family. Immediate family for this purpose shall be defined as the
employee's spouse, children (natural or adopted), step-children, mother, father, step-parents,
brother, sister, grand parents and mother/father-in-law. SEAACA may require satisfactory proof
of the illness or death of the family member in order to determine eligibility for said leave.
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Article 32:
RETIREMENT BENEFITS
During the term of this agreement, SEAACA shall continue to contribute 14% to the retirement
system calculated on the base earnings of all employees covered by this Agreement.
Article 33:
EMERGENCY STAND-BY AND CALL-OUTS
Section 1 Animal control officers who are placed on emergency stand-by duty shall be
compensated at the rate of one (1) hour of straight time pay for each day of stand-by duty, and
two (2) hours of straight time pay if it occurs on a designated holiday. These hours shall not be
taken into account for the purpose of computing overtime.
Section 2 Animal control officers shall receive a minimum of two (2) hours paid at time and onehalf if called out on an emergency regardless of the number of different calls received and
completed within the initial two hour period. Time worked in excess of two (2) hours shall be
paid at time and one-half in 15 minute increments.
On call officers shall receive 15 minutes pay at straight time for each telephone call answered
that does not require the officer to physically respond while on standby.
Section 3 Animal control officers may trade emergency stand-by duty with other animal control
officers with prior approval of their Supervisor.
Article 34:
OVERTIME
Section 1 The Fair Labor Standards Act shall apply when calculating overtime rates for hours
worked in excess of forty (40) during one pay week.
Section 2 SEAACA shall determine whether an employee may receive pay or Compensatory
Time Off (CTO) accrual for working overtime, however, should an employee request CTO
accrual and he/she be denied by his/her supervisor he/she may have the option of receiving pay
at the rate of time and one-half. Employees shall not earn more than sixty (60) hours CTO per
year after which employees shall receive overtime pay for any additional overtime worked.
Employees must schedule the use of comp time earned in the same manner as use of vacation
with prior approval and in consideration of other requested leave for other employees so as not
to disrupt the operations of SEAACA.
Section 3 Distribution of Overtime-Management will attempt to assign overtime work as
equitably as possible among all qualified employees in the same classification.
Article 35:
LUNCH BREAK
All regular, full time animal control officers shall be allowed a one-half hour "lunch" break to be
taken between the 4th and 7th hour of a ten-hour shift, or the 4th and 6th hour of an eight hour
shift. It is understood that officers shall remain "on duty" during their "lunch" break and shall be
required to respond to any emergency calls during such break. Officers shall not receive
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additional compensation for failure to take such break. This Article shall remain in effect during
the term of this Agreement and continuation thereafter shall be contingent upon agreement of
the Union and SEAACA.
Article 36:
UNIFORMS
Section 1 Each Fiscal Year animal control officers shall be provided with:
a. Five (5) sets of uniform pants and shirts. Animal control officers may elect to have
one (1) long sleeved shirt (and uniform tie) as one of the shirts provided.
b. One or more pair(s) of black shoes/boots as approved by SEAACA up to a maximum
one hundred and twenty five dollars ($125.00) payable upon presentation of receipts.
If at the end of the fiscal year, all of the allowance is not expended, the remainder
shall be remitted to the employee.
c. Newly hired animal control officers shall be provided with one (1) lightweight and one
(1) heavy-weight jacket per officer.
Section 2 Each Fiscal Year animal care technicians and veterinary technicians shall be provided
with:
a. Five (5) sets of uniform pants and shirts.
b. One or more pair(s) of shoes per year, with a maximum of allowance. Said shoes
shall be of a style approved by SEAACA and receipts or proof of purchase shall
be submitted.
c. Kennel boots as needed.
d. One or more pairs of shoes approved by SEAACA as to style and color up to a
maximum of one hundred and twenty five dollars ($125.00) payable upon
presentation of receipts. If at the end of the fiscal year, all of the allowance is not
expended, the remainder shall be remitted to the employee.
Section 3 Each Fiscal Year dispatchers and clerk/cashiers shall be provided with five (5)
uniform shirts.
Section 4 SEAACA agrees to include language in the Policy and Procedure Manual explaining
the circumstances for mid-year replacement of uniforms in the event they are damaged on the
job.
Article 37:
UNPAID LEAVES OF ABSENCE
Section I An employee may request an unpaid leave of absence of up to ninety (90) days per
request.
Section 2 Requests shall be made to the Executive Director, along with the reason(s) for the
leave.
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Section 3 The Executive Director has the sole discretion to approve or disapprove requests for
unpaid leaves of absence and for the quantity in any calendar year granted to any one
employee.
Section 4 During the unpaid leave the employee ceases to earn or accrue vacation, sick leave,
personal leave, holiday leave or seniority.
Section 5 If the employee wishes to continue medical and life insurance coverage during the
leave period, he/she must pay the premiums due for each month in advance.
Section 6 Employees on unpaid leaves of absence of ninety (90) days or less will be entitled to
return to their same position. If the leave of absence is extended beyond the ninety (90) days,
the employee shall have the right to return to the same job if available. If the job is not available,
he/she shall be placed on the re-employment list for the first available vacancy.
Article 38:
PROBATIONARY PERIOD
Each person hired for or promoted to a job classification represented in this Memorandum of
Understanding is subject to serving a probationary period. The probationary period shall be
automatically extended by the number of days the probationary employee is absent on any type
of leave if the absence is in excess of ten (10) days. Example: Probationary period is due to
expire June 30, the probationary employee is absent twenty (20) days; the probationary period
will be extended by twenty (20) working days or until July 20. The probationary period may also
be extended for a period of up to 180 days for additional training and evaluation with notice to
employee of areas needing improvement. If a supervisor intends that an employee will pass
probation, benefits will be made effective on the calendar date of six months after hire. An
affirmative evaluation is required to pass probation and any increase in salary. The
recommended salary increase will be retroactive to the date the employee became a permanent
employee in the classification.
Article 39:
LABOR COMMITTEE
A committee, known as the Labor Committee, shall be established for the purpose of expediting
Union-SEAACA communication, meetings shall be held on a regular basis, normally every six
weeks, at a mutually convenient time. The purpose of these meetings shall be to discuss UnionSEAACA relations which shall include safety-training but not for the purpose of discussing
pending or future grievances or disciplinary appeals. The Committee shall not have the authority
to modify or amend this Memorandum of Understanding. The Committee shall consist of
Management representatives including the Executive Director, Director of Operations, ManagerAnimal Care Center or Manager-Administrative Services and an equal number of Labor
Representatives selected by the Union.
Article 40:
UNION STEWARDS
The Union may select five (5) employees to act as stewards for the Union and shall give the
name of the employee so selected to the Executive Director in writing. SEAACA shall be notified
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in writing immediately of any change in the person selected as steward, and only the employee
designated as the authorized steward will be recognized by SEAACA.
Whenever investigation or processing of a formal grievance is to be transacted during the
steward's scheduled working hours, only that amount of time necessary to bring about a prompt
disposition of the matter will be utilized. In the event the steward desires to leave his/her work
location to transact such an investigation or processing, the steward shall first obtain permission
from his/her immediate supervisor and inform him/her of the nature of the business. Permission
to leave will be granted promptly unless such absence would cause an undue interruption of
work. The steward shall not be entitled to compensatory time or overtime pay by reason of the
time spent performing any function of a steward.
A total of twenty (20) hours per year will be allowed during the life of this Agreement for the
purpose of Union business for the President of the Union. Additionally, the Vice President and
Secretary of the Union will be allowed one (1) hour per month each for the purpose of Union
meetings. Prior approval is required for scheduling, but will be approved under normal
conditions.
Article 41:
GRIEVANCE PROCEDURE
Section 1 Purpose and Definition:
The purpose of this section is to enhance communications between SEAACA and employees by
providing a fair and impartial review and consideration of grievances at the level closest to their
point of origin within a reasonable time period without jeopardizing the employee's position or
employment.
Definitions:
a. A grievance is defined as a complaint arising from an alleged violation, misinterpretation or
misapplication of the provisions of this Memorandum of Understanding.
b. A "grievant" is any employee covered by the MOU adversely affected by an alleged
violation any of its provisions. The grievance procedure shall not be used to establish new
policies or change any existing rules. It shall not be used in matters resulting from any
form of disciplinary action or performance evaluation content.
c. The grievance process/meeting is the process by which SEAACA and an employee work
together to resolve any potential issues or complaints.
d. "Business Days" are defined as Monday through Friday, exclusive of Holidays as defined in
Article 30 of this MOU.
Employees may be represented at the grievance meetings by a representative of their choice
which will not be provided by SEAACA. Employees are assured freedom from reprisal for using
this grievance procedure. An employee who has initiated a grievance, or assisted another
employee in initiating and/or processing a grievance, shall not be coerced, intimidated, or
discriminated against for participation in the grievance process.
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The Union may elect to file a grievance on behalf of two or more employees. The facts and
issues of the grievance must be the same. For all grievances, the following are the steps for
resolution:
Step 1 - Informal Discussion
Whenever possible, a grievant who has a complaint shall try to solve the problem through
informal discussion. The grievant shall discuss his/her grievance with the grievant's immediate
supervisor on an informal basis in an effort to resolve the grievance. The grievance shall be
considered waived if not presented to the supervisor within fourteen (14) business days
following the day when the event upon which the grievance is based. The fourteen (14)
calendar days may be waived by mutual consent of the parties involved.
The immediate supervisor shall respond within fourteen (14) business days following his/her
meeting with the grievant. The supervisor shall keep a record of the dates of discussion and
resulting actions.
Step 2 - Written Grievance
If the supervisor fails to give the grievant an answer within fourteen (14) business days, or if the
grievance is not settled in Step 1, the grievant or his/her representative will reduce the
grievance to writing if not already done in Step 1. Such written grievance shall fully explain the
facts surrounding the grievance and identify the specific provisions of this MOU alleged to have
been violated. The grievance shall be signed by the grievant and presented to the Director of
Operations within 14 business days after the Step 1 meeting. Failure of the grievant to timely
submit the written grievance to the Director of Operations shall waive the grievant's right to
continue with the grievance process and the supervisor's Step 1 decision will be final and
binding. The grievant cannot thereafter grieve the same alleged violation again.
A meeting with the grievant and the Director of Operations will be arranged at a mutually
agreeable time. The grievant may be accompanied by a representative of his/her choice. The
grievant's supervisor or manager may also be present. Such meeting will take place within
fourteen (14) business days from the date the grievance is received by the Director of
Operations. The fourteen (14) business days may be waived by mutual consent of the parties
involved.
The Director of Operations shall respond within fourteen (14) business days following his/her
meeting with the grievant.
Step 3 - Final Step
If the Director of Operations fails to give the grievant a written response within fourteen (14)
business days of the Step 2 meeting, or if the grievance is not settled in Step 2, the grievant
may within 20 business days of the Step 2 meeting appeal the decision in writing to the
Executive Director. The written appeal statement shall include a copy of original grievance and
appeal, and a clear, concise statement of the reasons for the additional appeal. Within fourteen
(14) business days, a meeting will be scheduled with the Executive Director, the grievant, and
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the grievant's representative. The fourteen (14) days may be waived by mutual consent of the
parties involved.
The Executive Director may invite other members of management to be present. The Executive
Director shall respond within fourteen (14) business days following his/her meeting with the
grievant. The decision of the Executive Director is final for all grievances.
Section 2 Grievance Process Rights
No grievant shall lose his/her right to process his/her grievance because of Management
imposed limitation in scheduling meetings.
Article 42:
DISCIPLINARY ACTION APPEALS PROCEDURE
The purpose of this section is to provide SEAACA and its employees a fair review of disciplinary
actions.
Section 1 Definition of Disciplinary Action
"Disciplinary actions" or "discipline" which are subject to this appeal process are suspensions
without pay, reductions in salary, demotions, and dismissals of permanent, non-probationary
employees taken for disciplinary reasons.
Section 2 Notice of Intent to Discipline
Prior to the suspension, reduction in salary, demotion, or discharge of a permanent employee
for disciplinary purposes, the employee shall receive a written notice of the proposed
disciplinary action, the date it will be effective, the charge(s) on which the proposed discipline is
based, and relevant written materials, written reports and documents, and notification that the
employee is entitled to respond to the charges as provided below.
Section 3 Employee Response
Within fourteen (14) business days after the employee has received written notice of the
proposed disciplinary action, the employee shall have the right to respond to the charges in
person or in writing at the employee's option, to the person proposing the discipline. The
employee shall be entitled to have a representative of the employee's choice, which will not be
provided by SEAACA, attend the pre-disciplinary meeting. Failure of the employee to submit a
written response shall constitute waiver of this pre-disciplinary opportunity.
Section 4 Notice of Disciplinary Action
If discipline is imposed, the employee shall receive written notice of the final discipline and the
effective date of the discipline.
Section 5 Appeal of Disciplinary Action
a. Within fourteen (14) business days after having been furnished with a copy of the final
notice of disciplinary action, an employee who has been subject to disciplinary action
may appeal the decision by filing with the Executive Director a written answer to the
charges and requesting a hearing.
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b. Appeal shall not suspend the effective date of the discipline. Failure to timely appeal by
the employee or his/her representative will make the disciplinary action final and
conclusive.
c. Hearing Officer for the Appeal Hearing - In the case of suspensions of five (5) working
days or less or reductions in pay with a loss in compensation equivalent to five (5)
working days or less, the Executive Director or designee shall serve as the hearing
officer to conduct a hearing on appeal of the disciplinary action.
d. In the case of a suspension longer than five (5) working days, reductions in pay with a
loss of compensation equivalent to longer than five (5) working days, demotions, or
terminations, the SEAACA Board of Commissioners' Administrative Committee or its
designee shall serve as the hearing officer to conduct a hearing on appeal of the
disciplinary action.
Section 6 Hearing
The hearing shall be conducted in the manner most conducive to determination of the truth, and
the hearing officer shall not be bound by technical rules of evidence.
a. The hearing officer shall determine the relevancy, weight, and credibility of testimony
and evidence. The hearing officer shall base his/her findings on the preponderance of
evidence.
b. Each side will be permitted an opening statement and closing argument. SEAACA
management shall first present its witnesses and evidence to sustain the charges and
the employee will then present his/her witnesses and evidence in defense.
c. Each side will be allowed to examine and cross-examine witnesses.
d. Both SEAACA management and the employee may be represented by legal counsel.
The employee may retain counsel or other representative at the employee's expense.
e. The hearing officer shall, if requested by either party, request the attendance of other
employees or subpoena witnesses and/or require production of other relevant records or
relevant evidence.
f.
The employee or his/she representative may obtain a copy of the transcript of the
hearing upon request and agreement to pay for necessary costs.
g. The hearing officer may, prior to or during a hearing, grant a continuance for any reason
he/she believes to be important to his/her reaching a fair and proper decision.
h. The hearing officer shall prepare a written decision which includes a summary of the
facts supporting the decision that the discipline be sustained, modified, or rejected and
the reasons therefore.
The hearing officer's decision is final.
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Section 8 Administrative Leave Duty-Notwithstanding the provisions of this Article, the Executive
Director may temporarily assign an employee to a status of leave with pay pending the conduct
of, and/or completion of such investigations or opportunity to respond as may be required to
determine if disciplinary action is to be taken.
Article 43:
SENIORITY
Section 1 Employee seniority is the length of continuous service of the employee with SEAACA
from his/her most recent date of hire or re-hire.
Section 2
a. No Authority employee shall acquire any seniority until he/she has completed his/her
probationary period.
b. When an employee has completed his/her probationary period, his/her seniority shall
commence from date of hire.
Section 3 Any separation from service other than an approved leave of absence shall cause the
employee to lose his/her seniority rights.
Article 44:
EMPLOYEE RECOGNITION
SEAACA will provide a recognition pin for employees who exceed three continuous years of
employment. The design shall be of the choosing of SEAACA.
Article 45:
LAYOFF AND RECALL
Section 1 It is the intent to apply seniority as the initial basis for layoff and recall.
Section 2
a. Seniority shall apply between employees in the classification, for purposes of layoff
and recall if, in the objective determination of the Director, the employee's
performance has been substantially equal.
b. An employee who is subject to layoff may exercise his/her seniority in another
classification within the bargaining unit provided that the employee has satisfactorily
held the same classification in which the employee seeks to exercise seniority. An
employee subject to layoff because of such exercise of seniority, may, in turn,
similarly exercise his/her seniority to the same limitations.
Section 3 When seniority is not followed as outlined in Section 2.a, the affected employee(s)
shall have the right of appeal through the grievance procedure.
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Section 4 An eligible employee who is laid off shall retain his/her seniority rights to recall for a
period of one (1) year.
Article 46:
RIGHT OF INTEREST AND SUCCESSORSHIP
This Agreement shall be binding upon the parties hereto, their successors-in-interest, and any
employee organization or group which may be certified by SEAACA to represent members of
the Service Employees International Union Local 721 and entered into on this 20th day of
September, 2012.
SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 721
Date Signed:
SOUTHEAST AREA ANIMAL
CONTROL AUTHORITY
, cl .=) 0 13
Date
Y:
Renee Anderson,
Representative, SEIU 721
Peg
m ns, Chairperson,
SEAACA Board of Commissioners
VV—V\Ac-cs'N7----BY:
obby Gochicoa,
Senior Animal Control Officer
Dan Morrison,
Executive Director
BY: Justin Guzman,
Animal Control Officer
20
EXHIBIT "A" TO
MEMORANDUM OF UNDERSTANDING
Service Employees International Union (SEIU) Local 721 is the exclusive representative of the
Union Members in classifications listed below:
a.
Corporal
b.
Sr. Animal Control Officers
c.
Animal Control Officers
d.
Senior Dispatcher/Clerk
e.
Dispatcher/Clerks
f.
Clerk/Cashiers
g.
Lead Animal Care Technician
h.
Senior Animal Care Technician
Animal Care Technicians
j.
Registered Veterinary Technician
k.
Senior Veterinary Assistant
I.
Veterinary Assistant
Excluded from the bargaining unit and from representation are all part-time, temporary and
seasonal personnel in any classification, including the above, and all volunteers.
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TABLE OF CONTENTS
ARTICLE
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TITLE
Parties to Memorandum
Recognition
Commission Approval
Scope of Representation
SEAACA Rights
Implementation of Memorandum of Understanding
Term
No Strike - No Lockout
Non-Discrimination Provision
Waiver of Bargaining During Term of Agreement
Emergency Waiver Provision
Severability Provision
Employee Organizational Rights and Responsibilities
Work Access
Salaries
Longevity Merit Pay
Out-Of-Class Pay
Shift Differential
Mileage Reimbursement
Education Allowance
Jury Duty
Fringe Benefits Administration Provision
Health and Dental Insurance
Life Insurance
Disability Insurance
Vacation
Sick Leave
Personal Business Leave
Family Medical Leave
Holidays
Emergency and Bereavement Leave
Retirement Benefits
Emergency Stand-By and Call-Outs
Overtime
Lunch Break
Uniforms
Unpaid Leave of Absence
Probationary Period
Labor Committee
Union Stewards
Grievance Procedure
Disciplinary Action Appeals Procedure
Seniority
Employee Recognition
Layoff and Recall
Right of Interest and Successorship
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Southeast Area
Animal Control Authority
July 1, 2012 through June 30, 2013
SEIU Local 721
1545 Wilshire Blvd.
Los Angeles, CA 90017
Questions? Call the Member Connection (877) 721-4YOU
www.seiu721.org
dso opeiu 537, afl-cio 1/13