MEMORANDUM OF UNDERSTANDING between THE CORPORATION OF THE FINE ARTS MUSEUMS and COFAM CHAPTER of SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021 May 1, 2008-October 31, 2011 81004.01\\COFAM_2008-2011 MOU (clean version) (393912).DOCv2
INDEX Page No. Page No. Additional Benefits 24 Mental Health Program 21-22 Adjustment of Grievances 18 Military Service 14 Amendment 25 Night Shift Premium 28 Arbitration 19 No Strike, No Lockout 24 Bereavement Leave 14 Outside Employment 29 Break in Service (Temp. Techs.) 2 Overtime & Comp. Time Off 10,20 Bulletin Boards 6 Parental School Activities 15 Chiropractic Coverage 22 Part-time Work 9-10 Clothing Reimbursement 28 Pay In Lieu of Notice 7 Communications 26 Pension Plan 21, 23 Commuter Checks 23 Performance Evaluations 28 Comparability 20 Permanent Vacancies 7 Defined Contribution Plan 23-24 Personal Leave Without Pay 16 Definition (Seniority) 6 Personnel Files 20 Dental Coverage 21-22 Position Descriptions 25-26 Dependent Coverage 21-22 Post-Investigatory/Pre-Discipline Hearing 18 Disability/Reasonable Accommodation 4-5 Pregnancy/Child Leave 16 Discipline & Discharge 17-18 Probationary Period 6 Discrimination 4-5 Recognition 1-2 Domestic Partners 14-16,21-23 Retirement Plan 22 Employee Grievances 18 Return to Duty 17 Employee Lounge Facilities 29 Right to Union Representation 5 Extended Medical Leave 15-16 Seniority 6-9 Family & Medical Leave 16 Separability of Provisions 26 Family Temp. Disability Insurance 17 Severance Pay 7 Filling of Vacancies 7-8 Sexual and Other Unlawful Harassment 4 Fixed-term Employees 1,2,23 Sick Leave 13-14 Flexible Spending Account 21 Special Leave 15 Flex-time 9,28 Stewards & Representatives 5-6 General, Union & Museum Grievances 19 Store Discounts 24 Grievance & Arbitration 18-20 Sub-Contracting/Use of Volunteers 7 Group Life Insurance 21-22 Temporary Agency Staffing 29 Health & Safety 27 Temporary Employees 1 Health & Welfare Benefits 21-24 Temp/Fixed-Term Employee Reports 2 Holidays 11-12 Temporary Technicians 1-2 Hours of Work 9 Term of Contract 29-30 In-Lieu Pay (Temp. Techs.) 2 Union Business Leave 15 Job Postings 2,7-8 Union Security 3-4 Jury Duty 17 Union Stewards & Representatives 5-6 Layoff & Rehire 6-7 Unscheduled Call Back Pay 27 Leaves for Union Business 15 Use of Employee Vehicles 28 Leaves of Absences 14-17 Use of Meeting Facilities 26 Jury Duty 17 Use of Seniority in Scheduling 8 Light Duty 27 Use of Seniority Seeking Volunteers for 8-9 Special Events Longevity Pay Premium 29 Use of Volunteers/Interns 29 Management Rights 24-25 Vacations 12-13 Medical/Dental Appointments 14 VDT/Word Processor Equipment 27
Vision Insurance 22 Memo No. 1: Requests/Future Employers 32 Volunteers/Special Events 8-9 Memo No. 2: Staff Education Fund 33 Wages & Positions 20-21 Memo No. 3: Relief / Haz. Work 34 Work/Higher or Lower Position 8 Memo No. 4: Performance Evaluations 35 Work-Related Courses 26 Memo No. 5: Time Bank 36 Workers Comp. Temporary Disability 13 Appendix A 37-38 LOU No. 1: Workloads/ Staff Reductions 31
MEMORANDUM OF UNDERSTANDING between THE CORPORATION OF THE FINE ARTS MUSEUMS and COFAM CHAPTER of SEIU LOCAL 1021 May 1, 2008- October 31, 2011 THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is entered into as of the 1st day of May, 2008 by and between the Corporation of The Fine Arts Museums (the "Museum") and the COFAM Chapter of SEIU Local 1021 (the "Union"). The Museum and the Union are parties to a Memorandum of Understanding dated as of November 1, 2002, the term of which extended to and including October 31, 2006 and was continued by mutual agreement until the date of this MOU. The Museum and the Union have now concluded meeting and conferring for a successor memorandum of understanding for the period through October 31, 2011 with the results set forth in this MOU. ARTICLE 1. RECOGNITION Section 1. The Museum acknowledges that the Union is the recognized employee organization of the employees in the unit described in this Article with respect to employment conditions and employee relations, including wages, hours, and other terms and conditions of employment, which are within the scope of representation as defined in the California law applicable to local public employee organizations, Section 3504 of the Government Code. The unit covered by this MOU is defined as all full-time, regular part-time and fixed-term employees of the Museum paid with non-city funds and employed at least twenty (20) hours per week; excluding managerial, confidential, professional and casual employees, guards and supervisors as those terms are used under the National Labor Relations Act, and excluding temporary employees, except as provided in Section 2 of this Article. Section 2. a. For the purposes of this MOU, temporary employees are those employees whose term of employment when hired or recalled is not expected to exceed six (6) months. If the need exists for those employees to be retained beyond the six (6) month period, they shall be reclassified as regular full-time or part-time employees and shall be credited for all service since their most recent date of hire or recall for purposes of seniority, fringe benefit accrual, tenure steps, and probationary period. b. Temporary employees employed as Technicians who worked at least 1,040 hours as Technicians during the preceding twelve (12) full calendar months will, notwithstanding any other provision of this MOU: 1
1. receive holiday pay in accordance with the appropriate formula for full-time or part-time employees set out in Article 11, Section 2 if they would otherwise be eligible for holiday pay under the standards set forth in Sections 3 and 4 of that Article; 2. accrue seniority as between themselves on the basis of total hours worked as Technicians, such seniority to be applied in the assignment of temporary work to Technicians, and (where no employee with recall rights fills the vacancy) in bidding on permanent Technician vacancies, in accordance with the standards applicable to regular employees; and 3. receive $2.00 per hour effective July 1, 1996 in addition to their salary in lieu of fringe benefits. Temporary Technicians covered by this paragraph who are reclassified as regular full-time or part-time employees shall be credited for all service since their most recent date of hire or recall, or six-months service, whichever is less, for purposes of seniority, fringe benefit accrual, tenure steps, and probationary period, and shall become eligible for health and other insurance coverage on the first day of the month following their reclassification. In computing the six-month period referenced in paragraph (a) of this Section, unpaid absences upon return to work, totaling five days or less during the six-month period shall not be construed as a break in service. Absences due to an on-the-job injury shall, upon return to work, not be construed as a break in service for the purpose of establishing six-months of continuous service, provided that, upon return to work following such on-the-job injury, a Temporary Technician who has been absent from work and whose continued services are needed shall be required to serve the balance of the full six (6) months of service in order to be eligible to be reclassified as a regular full-time or part-time employee pursuant to paragraph (a) of this Section. c. The Museum shall provide pay period reports to the Union, listing the names of fixed-term and temporary employees, payroll and non-payroll, who have been used for the pay period, their start date, their hourly rate, the department they are working for, an explanation of duties, and either their end date or expected end date, and the number of hours worked per pay period. This pay period data shall be delivered quarterly to the Chief Steward and mailed to the Union Worksite Organizer. Section 3. A fixed-term employee is an employee who is hired for a specified term, the duration of which (i) exceeds six months of continuous employment and (ii) is generally tied to restricted funding. The specific dates of the fixed-term appointment will be announced on the appropriate job posting, if applicable, or included in the employee's appointment letter. A fixed-term position can be either full time or part time. Termination of employment will occur at the conclusion of the fixed-term, unless the initial term is extended by the Museum by written notice to the employee and the Union Chief Steward and Worksite Organizer before its expiration, in which case termination of employment shall occur at the conclusion of the extended term. If the Museum decides to convert the fixed-term position to a regular position, the incumbent in the fixed-term position will have the right of first refusal to appointment in the regular position. If the incumbent accepts the regular position, he/she will become a regular employee. 2
ARTICLE 2. UNION SECURITY Section 1. It shall be a condition of employment that all employees of the Museum covered by this MOU, within thirty-one (31) days of the execution date of this MOU or date of hire, whichever occurs later, shall either become and remain members of the Union in good standing, or commence and continue payment to the Union of a monthly service fee equal to regular monthly union dues. Section 2. The Museum shall supply the Union with names, addresses, positions, corresponding City classifications, and departments of work of employees hired or terminated within ten (10) days. The Director of Human Resources and Administration shall distribute the Union's membership/service payer form and a list of current Union stewards provided by the Union to new employees. Section 3. a. The Museum shall deduct from each employee's wages the amount of Union dues and initiation fee as specified by the Union, for all employees covered by this MOU who have voluntarily provided the Museum with a written assignment authorizing such deductions. b. The Museum shall deduct from an employee's wages the amount of any designated per pay period contributions to COPE for political activity for those employees covered by this MOU who have voluntarily provided the Museum with a written assignment authorizing such deductions. Employees who have authorized voluntary deductions shall, for administrative convenience of the parties, be permitted to revoke an authorization for the deduction of the political contributions only during the month of October of any year. They shall be so advised in writing by the Union at the time they execute their authorizations. Section 4. The Union shall indemnify the Museum and hold it harmless against any and all suits, claims, demands and liabilities that shall arise out of or by reason of any action that shall be taken by the Museum for the purpose of complying with the foregoing provisions of this Article, or in reliance on any list or certificate which shall have been furnished to the Museum under any of such provisions. Section 5. Notwithstanding any provision of this Article, any employee who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall be exempt from the requirements of Section 1 of this Article; provided, however, that such an employee shall be required, in lieu of compliance with Section 1 of this Article, to pay sums equal to regular monthly union dues to a non-religious, non-labor charitable fund exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code, chosen by the employee from a list of three (3) such funds agreed to by the Museum and the Union or, absent that list, to any such fund chosen by the employee. 3
Proof of such payments shall be made on a monthly basis to the Museum and the Union as a condition of continued exemption from the requirements of Section 1 of this Article. ARTICLE 3. DISCRIMINATION Section 1. The Museum and the Union agree that in order to provide equal employment and advancement opportunities to all employees and applicants for employment, the Museum will make all employment decisions, including without limitation decisions regarding hiring, assignment, compensation, promotion, overtime, access to benefits, discipline and termination, without regard to the employee's or applicant's race, color, religion, national origin, citizenship, sex, sexual orientation, political affiliation, marital status, physical or mental disability, medical condition, veteran status, or age, except to the extent allowed by applicable state and federal law. Section 2. No employee or applicant for employment covered by this MOU shall be discriminated against because of membership or non-membership in the Union or participation or nonparticipation in activities on behalf of the Union; and the Union agrees that employees covered hereby shall be admitted to membership without discrimination. Section 3. Employees have the right to a workplace free from sexual and other unlawful harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of employment or an employment decision; (2) submission to or rejection of the conduct is used as a basis for making an employment decision; or, (3) the conduct has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment may include conduct that is visual, verbal, physical, or some combination of such conduct, and may include gender-based harassment of a person of the same sex as the harasser. An employee or applicant who experiences, witnesses, or becomes aware of an incident of possible sexual or other unlawful harassment by any person on Museum premises should report it immediately to anyone of the following: the employee's supervisor, the Director of Human Resources and Administration, the Chief Financial and Operations Officer, or the Director of Museums. While the Museum will endeavor to keep all such reports as confidential as possible, it cannot guarantee confidentiality at the expense of a prompt and thorough investigation of the report. An employee or applicant may, in good faith, raise concerns and make reports of sexual harassment or other unlawful harassment without fear of reprisal or retaliation. Section 4. The Museum will meet with individual employees or applicants for employment who allege a need for reasonable accommodation to perform the essential functions of their jobs due to a bona fide physical or mental disability. The Museum may require certification from an 4
appropriate health care professional of the existence of a physical or mental disability, the extent of the employee's impairment or work limitation, and of the necessity of any accommodation proposed by the employee. If the Museum is required to make a reasonable accommodation for an individual employee or applicant in order to comply with state or federal law, which reasonable accommodation conflicts with a provision of this MOU, the Museum will advise the Union of the required accommodation. ARTICLE 4. UNION STEWARDS AND REPRESENTATIVES Section 1. There shall be a maximum of four (4) Stewards and two (2) alternates, who shall be selected from among the employees in the unit in a manner determined by the Union. To the extent possible, there will be at least one (1) Steward at each museum location where ten (10) or more unit members are regularly employed. The Union shall notify the Museum of the names of the Stewards and alternates who have been selected. No employee shall be recognized by the Museum as a Steward or alternate unless the Museum has received official notice from the Union of his/her selection. The Union may designate one (1) of the Stewards as Chief Steward. Section 2. The Steward at the applicable museum or the Chief Steward or, in the Steward's or Chief Steward's absence, the designated alternate, shall, upon notification and approval of his/her supervisor, which shall not be unreasonably withheld, be allowed such reasonable time as is necessary during working hours, without deduction in pay, to perform the following duties: a. To investigate and process grievances and appeals. Stewards shall advise their supervisors of the area or work location where they will be investigating or processing grievances and of the grievances involved. b. The employee shall have the right to have the Steward present during any grievance meetings. Should the employee elect to have a Steward present, the Museum shall make arrangements with the Steward to be relieved of his or her duties, to be present at the meeting. c. An employee shall have the right to have a Union representative present at any meeting with supervisors or Museum representatives which is disciplinary in nature. ("Weingarten Rights") Section 3. A duly authorized Union Business Representative shall be admitted, upon reasonable prior notice to and approval of the Museum, which shall not be unreasonably withheld, to the worksites during normal working hours for the purposes of assisting the Steward in adjusting grievances and administering the terms and conditions of this MOU. If the Museum withholds such approval, it will, to the extent reasonably possible, make alternate arrangements for the Union to perform its duties under this Article. 5
Section 4. Union representatives and Stewards shall not interfere with the work of the Museum while in the performance of duties pursuant to this Article. Section 5. Both the Union and the Museum will perform their duties under this Article as expeditiously as possible. ARTICLE 5. BULLETIN BOARDS The Museum will maintain a glass enclosed, locked bulletin board, to which the Union has a key, at a mutually agreed location in each Museum facility where ten or more unit members are regularly employed. The Union may use these bulletin boards provided that the use is reasonably related to the administration of this MOU, including the posting of notices of Local Union meetings and elections. ARTICLE 6. PROBATIONARY PERIOD There will be an initial probationary period of six (6) months continuous employment for all employees, except as provided in Article 1, Section 2. Upon the successful completion of the probationary period, the employee's seniority for all purposes shall be counted from the first (1st) day of that employment. During the probationary period, the Museum may discharge a probationary employee for any reason, without cause. ARTICLE 7. SENIORITY Section 1. Definition a. Seniority shall be defined as length of service from the most recent date of hire, except as provided in Section 2 of this Article. Seniority shall be broken by resignation, discharge for just cause, eighteen (18) months of continuous unemployment from the Museum, or failure to report to work within seven (7) days of a recall from layoff (provided notice by certified mail is given) other than a recall under the terms of Article 1, Section 2 of this MOU, unless the Museum and Union mutually agree otherwise. If the Museum finds there are extenuating circumstances, it will make every reasonable effort to honor an extension request of not more than seven (7) additional days. b. In applying seniority, full-time employees will be given preference over part-time employees. Employees who on July 1, 1981 had a normal workday of seven (7) hours and a normal workweek of thirty-five (35) hours and who continue to work that schedule under the provisions of Article 8, Section 1, shall be considered full-time employees for all purposes of this Article. Section 2. Layoff and Rehire a. For the sole purpose of this Layoff and Rehire Section, seniority shall be defined as the length of service from the most recent date of hire or promotion in the position. Employees who move to a different position shall retain their position seniority in the first position for the purposes of bumping under paragraph (c) of this Section. 6
b. In the event of layoffs, the least senior employee in the position where the layoff occurs will be the first laid off. Recall from layoff shall be in reverse order of layoff; that is, the last employee laid off in the position shall be the first recalled. c. In the event of layoffs employees may exercise bumping rights as against less senior employees in other positions provided that the employee is qualified in skill and ability and has prior experience in the position with the Museum. d. An employee who has completed the probationary period in a position who is laid off and is returned to or bumps down to a position formerly held on a permanent basis, shall receive a salary at a step based upon the original hire date in the position to which the employee is returned. An employee who is returned to a position not formerly held on a permanent basis shall receive a salary at a step based upon actual permanent service in the position from which laid off. e. Employees with less than five years of continuous service shall receive one (1) month's notice of permanent layoff or one (1) month's pay in lieu of that notice. Employees with five or more years of continuous service shall receive two (2) months' notice of permanent layoff or two (2) months' pay in lieu of that notice. The Union shall be given a copy of the notice when the employee is notified. f. As soon as practicable, but at least thirty (30) days, prior to the layoff of employees caused by subcontracting or the use of volunteers, the Museum shall notify the Union in writing of such intent and will, upon written request of the Union, meet and confer with the Union of the effects of subcontracting or use of volunteers on the bargaining unit. The Museum, in its discretion, shall seriously consider alternatives to subcontracting or the use of volunteers as may be suggested by the Union. In addition to the layoff and recall rights stated in this Article, the Museum shall provide severance pay for the affected employees as follows: Two (2) weeks' straight time pay after one (1) year of service and one (1) additional week of straight time pay for each additional year of service to a maximum of ten (10) weeks' straight time pay or the pay in lieu of notice set forth in paragraph (e) above, whichever is greater. Severance pay shall be paid if the employee is permanently laid off. g. Employees shall not accrue seniority (either as defined in Section 1 or Section 2) or benefits while on layoff, but shall not forfeit previously accrued seniority and benefits as a result of layoff, unless layoff extends for eighteen months or more without a break. Section 3. Filling of Vacancies a. All vacancies in the unit that would mean a possible promotion or transfer for employees in the unit will be posted by the Museum on a bulletin board at each Museum designated by mutual agreement for that purpose. Postings shall be dated at the time of posting. Copies of postings, with appropriate Civil Service classification numbers added, shall be provided to the Union Chief Steward by the first (1st) day of posting. Employees shall have at least five (5) working days from the date of that posting to make application in writing for the vacancy. In comparing applicants for the vacancy (whether unit employees or outside applicants) where two (2) or more applicants are qualified in skill and ability, and one is not substantially more qualified than the other, the senior applicant shall be given preference. 7
b. Employees successfully bidding on a job shall undergo a one hundred eighty (180) day evaluation period in the new position. Should the employee fail to meet the Museum's reasonable standards for the new position, she/he shall be returned to his/her former position without loss of seniority or wage rate. c. If a promoted employee is receiving a salary in his/her present position equal to or above the entrance step in the promotive class, the employee's salary in the promotive class shall be adjusted to two (2) steps in the compensation schedule over the salary received in the lower class, but not above the maximum of the salary range of the promotive position. If the employee is receiving a salary in his/her present position which is less than the entrance step of the salary range of the promotive position, the employee shall receive a salary step in the promotive class which is closest to an adjustment of seven and one-half (7-1/2) percent above the salary received in the position from which promoted, but not above the maximum of the salary range of the promotive position. Section 4. Use of Seniority in Scheduling In scheduling vacations, leaves, assignment of days off and overtime, the Museum will give preference to the senior employee in the position to the extent reasonably practicable to Museum operations under the circumstances. Section 5. Work in a Higher or Lower Position a. Employees regularly assigned to perform work in more than one position (except for rest period and meal relief) shall be paid based on the number of hours worked in each position. Other employees who are temporarily assigned to work in a higher-position shall receive the rate of pay for their normal position for the first ten (10) days. If their temporary assignment lasts longer than ten (10) days, they shall receive the rate of the higher position, retroactive to the beginning of the temporary assignment, for the duration of that assignment. Employees temporarily assigned to work in a lower position shall maintain their existing rate of pay. b. Employees who are temporarily reassigned to work in another position will continue to accrue hours in their regularly assigned position for purposes of calculating seniority and step increases. c. All reclassification requests must normally be submitted to the employee's department head by January 15th of each year to be included in the following fiscal year's budget, provided that nothing herein shall prevent the Union from submitting a request for reclassification after January 15th when the facts establishing a reclassification arise or first become known to the Union after January 15th. Section 6. Use of Seniority in Seeking Volunteers for Special Events Where the Museum desires to seek volunteers to work a special event from among the employees in the unit who will not otherwise be assigned to work that special event, it shall post a notice at least five (5) working days in advance of the event, or such shorter time as is reasonably practical under the circumstances, with a copy of such notice given to the Union Chief Steward at the time of posting. The notice shall specify the date and time of the event, the positions and numbers of employees the Museum is seeking and the applicable rates of pay. In selecting from among Museum employees responding to the notice, where two (2) or 8
more qualified applicants are reasonably equal in skill and ability, the Museum shall give preference to the senior applicant. ARTICLE 8. HOURS OF WORK Section 1. A normal workday is a tour of duty of eight (8) hours completed within not more than nine (9) hours, provided that the normal workday for employees whose normal workday on July 1, 1981 was a tour of duty of seven (7) hours within not more than eight (8) hours shall continue as such unless they and the Museum mutually agree in writing otherwise. A normal workweek is a tour of duty on each of five (5) consecutive days. Nothing in this Article shall be understood as a guarantee of employment or of any particular number of hours of employment. Employees shall be granted a one (1) hour lunch period and shall each morning and afternoon receive a fifteen (15) minute rest period. Only the two (2) rest periods will count as hours worked. Section 2. The Museum and the Union, in conjunction with the employee(s) involved, may agree in writing to alternate or flex-time work schedules, which may include but are not limited to, corehours, flex-time, full-time workweeks of less than five (5) days, job sharing, reduced workweeks and/or part-time work. Pay and other benefits shall be prorated in accordance with the provisions of Article 9, provided the employee works at least twenty hours per week. Such arrangements shall remain in effect as long as they are mutually agreeable. When either party requests a change in such arrangements, that is intended to be of thirty days' duration or more, a ten (10) working day advance written notice shall be required. Section 3. Employees shall receive no compensation when properly notified (two (2) hour notice) that work applicable to the position is not available because of inclement weather conditions, shortage of supplies, traffic conditions, or other unusual circumstances. Employees who are not properly notified and report to work and are informed no work applicable to the position is available shall be paid for a minimum of two (2) hours. Employees who begin their shifts and are subsequently relieved of duty due to the above reasons shall be paid a minimum of four (4) hours and for hours actually worked beyond four (4) hours, computed to the nearest onequarter (1/4) hour. Section 4. Where reasonably practical, the Museum shall give ten (10) working days' advance notice, in writing, to the affected employee and the Union of any permanent change in shift or regular working hours. ARTICLE 9. PART-TIME WORK Section 1. All regular part-time employees (i.e., those assigned to work a schedule of at least twenty (20) but less than forty (40) hours a week) will be paid on an hourly basis, at the 9
applicable hourly rate for their position, and will receive step increases when they have worked the hour equivalent of the time required for a full-time employee to qualify for that step increase. Section 2. Regular part-time employees shall receive prorated vacation pay, sick leave pay, holiday pay and bereavement leave based on the proportion of their normally scheduled hours of work to a forty (40) hour week. In addition, such employees shall be covered by the jury duty provisions of Article 15, all insurance benefits provided for in Article 20, and the discounts provided for in Article 21. ARTICLE 10. OVERTIME AND COMPENSATORY TIME OFF Section 1. Except as provided in Section 2 and exclusive of part-time employees, any time worked under proper authorization of the employee's supervisor, in excess of the regular or normal workday or workweek shall be designated as overtime and shall be compensated at one and one-half (1-1/2) times the base hourly rate; provided that employees having a normal workday of less than eight (8) hours or a normal workweek of less than forty (40) hours shall not be entitled to overtime compensation for work performed in excess of the specified normal hours until they exceed eight (8) hours per day or forty (40) hours per week. When calculating overtime, sick leave, vacation, and floating holidays do not qualify as time worked for compensation of overtime. Legal holidays qualify as time worked for compensation of overtime. Section 2. Employees who have earned overtime compensation under Section 1 may in lieu of that compensation elect to take compensatory time off at the rate of one and one-half (1-1/2) times for time worked in excess of the normal work schedules of eight (8) hours per day and forty (40) hours per week. Compensatory time off will be scheduled by mutual agreement between the Museum and the employee; provided that if it is not possible to schedule such time off within three (3) months of the date the overtime hours are worked or if the employee is laid off or terminated without having received that time off, the employee will be paid the overtime compensation for those hours rather than receiving compensatory time off. Section 3. Overtime or compensatory time, to be valid, must be approved in advance by the employee's supervisor. Section 4. Full-time employees required to work overtime subsequent to 8:00 P.M. shall be granted an allowance of up to Fifteen (15) Dollars cab fare upon presentation of an appropriate receipt. Any employee required to work overtime beyond 8:00 P.M. shall be granted an unpaid half-hour (1/2) lunch period, or a meal allowance of Ten (10) Dollars in lieu thereof. 10
ARTICLE 11. HOLIDAYS Section 1. a. The following days are hereby declared to be holidays: January 1, the day designated by the City and County of San Francisco for observation of Martin Luther King's Birthday, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4, the first Monday in September (Labor Day), the second Monday in October (Columbus Day), November 11 (Veteran's Day), Thanksgiving Day, the day after Thanksgiving Day, December 25, and any day declared to be a holiday by proclamation of the Mayor of San Francisco after such day has heretofore been declared a holiday by the Governor of the State of California or the President of the United States, and four (4) additional holidays to be taken on days selected by the employee subject to approval of the Museum. Employees must complete six (6) months continuous service before receiving the additional days provided for herein. If January 1, July 4, November 11, or December 25 falls on a Sunday, the Monday following shall be considered the holiday. b. In the event a legal holiday falls on Saturday, the Saturday shall be observed as the holiday for those normally scheduled to work on the Saturday and the preceding Friday shall be observed as the holiday for those not normally scheduled to work on the Saturday. c. Upon termination of employment from the Museum, the employee's entitlement of floating holidays shall be prorated for that fiscal year as follows (based on the number of months the employee worked and was eligible to earn floating holidays during that year): four months or less - 1; more than four months but less than 10 months - 2; more than 10 months - 3. If the prorated entitlement exceeds the amount of floating holiday time taken during that year by the employee, the employee will be paid for the difference. If the employee has taken more floating holiday time than the prorated entitlement, the excess floating holiday pay shall be deducted from the employee's final paycheck. Section 2. Holiday pay in the amount of the employee's regular straight time rate will be paid for each holiday to each eligible employee; except that employees working a five (5) day week other than Monday through Friday shall, instead of holiday pay, be allowed another day off with pay for holidays that fall on one of their regularly scheduled days off. Holiday pay for regular part-time employees shall be determined by calculating one-tenth (1/10th) of the hours worked by the employee in the immediately preceding biweekly pay period, rounded to the nearest hour. Eligible employees required by their supervisors to work on a holiday shall, in addition to holiday pay, be paid at one and one-half (1-1/2) times their regular straight time rate or, at the option of the employee, be given compensatory time off at the rate of one and one-half (1-1/2) hours for each hour worked. Where reasonably practical, employees shall be given not less than five (5) working days' notice of any requirement to work on a holiday. For those positions where the Museum requires eligible employees to work on a holiday, the Museum will give preference to the senior employee in the position to the extent reasonably practicable to Museum operations under the circumstances. 11
Section 3. 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 workdays shall be paid for the holiday. Section 4. Persons employed for holiday work only, or persons employed on a part-time work schedule which is less than twenty (20) hours per week, or persons employed on an intermittent part-time work schedule (not regularly scheduled), or persons on leave without pay status both immediately preceding and immediately following the legal holiday shall not receive holiday pay. Section 5. Where time worked on a holiday qualifies both for the premium under Section 2 of this Article and as overtime, the employee shall be paid two (2) times his/her regular straight time rate (straight time plus one-half (1/2) time for the overtime premium and one-half (1/2) time for the holiday worked premium), in addition to holiday pay or an in lieu day off. This no pyramiding principle shall be similarly applied in other premium pay situations under this MOU. ARTICLE 12. VACATIONS Section 1. All full-time employees shall be entitled to the following schedule of paid vacation: ten (10) working days after one (1) year of continuous employment; fifteen (15) working days after five (5) years of continuous employment; twenty (20) working days after fifteen (15) years of continuous employment. In addition to that vacation entitlement, at the end of five (5) years of continuous service and again at the end of fifteen (15) years of continuous service, full-time employees shall receive a one (1) time vacation allowance award of five (5) additional working days of paid vacation. Section 2. All eligible employees are encouraged to take their vacation in the year it is earned. Employees shall be allowed to accumulate up to thirty (30) days of unused paid vacation by carrying over unused vacation days from one year to another. Section 3. Should a holiday set forth in Article 11 occur during an employee's vacation, the employee shall be granted an extra day of vacation. Section 4. Employees who have completed one (1) year of continuous employment may take their vacation as it accrues. Vacation may be taken on an intermittent daily basis. All vacations must be approved in writing in advance by the employee's supervising department or division head. Except for unforeseen circumstances, employees shall make their vacation requests on the form designated for that purpose at least thirty (30) days prior to the commencement of the 12
proposed vacation. The Museum shall respond to requests for vacation within fifteen (15) days of the request. Once granted, a request for vacation shall not be revoked except in unforeseen circumstances, in which case the employee shall be permitted to take that vacation at a mutually agreed time within the next 180 days. Section 5. No vacation shall be earned during the probationary period. After the completion of the probationary period, an employee whose employment is terminated for any reason shall receive a prorated vacation payment for all vacation accrued but not taken. For purposes of this section, vacation shall be accrued on the basis of one-twelfth (1/12th) of the applicable amount(s) set forth in Section 1 for each full month of continuous employment, and increments of less than a full month shall not be counted. ARTICLE 13. SICK LEAVE Section 1. An employee shall accumulate paid sick leave on the basis of one-half (1/2) day per two (2) week period (thirteen (13) days per year) beginning with the first full calendar month of employment. There will be an accumulation of earned sick leave to a maximum of one hundred thirty (130) days. Regular part-time employees shall accrue paid sick leave on a prorated basis based on the ratio of the number of hours they are normally scheduled to work per week to forty (40) hours. Section 2. Paid sick leave shall be granted to employees unable to work because of illness or disability who have an accumulated paid sick leave entitlement and have served a total of six (6) continuous months of regularly scheduled employment. Paid sick leave shall commence with the first day of illness and/or disability. Paid sick leave shall be integrated with State Disability or Workers' Compensation, and only the amount of salary paid by the Museum shall be charged against the employee's accumulated sick leave. In no case shall an employee receive a greater amount than his/her applicable wage rate. If an employee who is unable to work due to an on-the-job injury is required to use his or her accumulated sick leave to continue to receive pay prior to the commencement of Workers' Compensation Temporary Disability payments to which the employee is entitled, then following the employee's return to work from such Workers' Compensation temporary disability, the employee shall accrue on a going forward basis two times the normal rate of accrual for his or her sick leave until the number of hours of sick leave the employee was required to use while awaiting commencement of Workers' Compensation Temporary Disability payments are recovered, provided that such recovered sick leave hours may be used solely for the purpose of continuing to receive pay for the period prior to the commencement of Workers' Compensation Temporary Disability payments following a subsequent on-the-job injury, if any. In the event of an on-the-job injury, employees who have served less than six continuous months of regularly scheduled employment may use accumulated sick leave to augment Worker's Compensation Temporary Disability payments but shall not be entitled to the two-times-normal accrual of sick leave referred to in the preceding sentence. 13
Section 3. Daily notification (to the employee's supervisor if reasonably possible), prior to the start of the normal workday, is required during absences on sick leave of one (1) to five (5) days. A doctor's certificate verifying the illness or disability may be required, provided that no certificate will be required for absences under five (5) working days unless the employee has been previously notified in writing that such a certificate would be required. Section 4. Prearranged dental or medical appointments shall be made during the first three (3) hours or the last three (3) hours of the day's shift and shall be deducted from accumulated sick leave, if available, or treated as leave without pay, at the option of the employee. A doctor's certificate verifying that the employee has kept the appointment may be required by the Museum. The employee shall give his/her immediate supervisor at least one (1) working day's prior notice of the appointment, except in cases of emergency. Section 5. Accrued sick leave may be used to cover absences from work under the following circumstances: (a) personal injury, illness or disability; (b) medical appointments that cannot be scheduled outside of working hours; or (c) to care for sick family members (parents, spouse, dependent children, domestic partner) or others who are permanent members of the employee's household. ARTICLE 14. LEAVES OF ABSENCE Section 1. Bereavement Leave Employees shall be permitted to use up to three (3) days of bereavement leave with pay in the event of the death of a member of the immediate family in order for the employee to attend the funeral or memorial service, or to attend to related activities or responsibilities. An additional two (2) days of paid bereavement leave may be added if travel outside the State of California is required as a result of the death. An additional two (2) days of leave may be granted to employees to attend the funeral or memorial service, or to attend to related activities or responsibilities, within the State of California in the event such additional time is necessary, which additional leave will be unpaid unless the employee elects to use accrued vacation leave for his or her absence. For purposes of bereavement leave, "immediate" family shall include the following: parent, stepparent, grandparent, parents-in-law or parent of a domestic partner, spouse or domestic partner, siblings, child, stepchild, adopted child, legal guardian or any permanent member of the employee's household. Section 2. Military Service Employees who are in the military reserve shall be granted such time as necessary to fulfill their summer training commitment and shall receive the difference between their normal base rate of pay and the amount of military pay and allowances received, for up to one (1) month. 14
Section 3. Special Leave a. Any employee who is an active candidate for any political office shall, upon one (1) month's prior written application, be granted a leave of absence, without pay but without loss of seniority, for a period of up to ninety (90) days for the purpose of actively participating in his/her campaign. b. Employees will be granted time away from work without pay as required by law to appear, pursuant to a subpoena or other court order, as a witness in a judicial proceeding other than on behalf of the Museum, to appear at school as a parent or guardian when requested by the school for purposes of a pupil suspension, or to perform emergency duty as a volunteer firefighter. Employees are required to provide reasonable advance notice of any need for such time away from work, and are expected to return to work if at least two hours of their normal workday remains. c. Employees shall be granted paid release time of two (2) hours per child per semester/quarter, up to a maximum of 4 hours per child per year, to attend parent-teacher conferences. In addition, an employee who is a parent, guardian, grandparent having custody, or the domestic partner of a parent, guardian, or grandparent having custody, of one or more children in kindergarten or grades 1 to 12, or attending a licensed day care facility, will be granted time away from work without pay of up to forty (40) hours each fiscal year, but not to exceed eight (8) hours in any calendar month of the fiscal year, to participate in the activities of the school or licensed day care facility of any child of the employee, provided the employee, prior to taking the time off, gives reasonable notice of the planned absence. The employee may use accrued vacation time, one of the three additional holidays, or compensatory time off during the planned absence. Section 4. Leaves for Union Business Up to two (2) employees in the unit in any calendar year shall upon prior written application to the Museum at least one (1) week in advance of the proposed leave, be entitled to a leave of absence without pay for a period of up to ten (10) days apiece each calendar year to attend functions of the Union. Section 5. Extended Medical Leave Upon completion of the probationary period, an employee who has exhausted his/her paid sick leave due to illness, injury or disability, including mental illness, may with the approval of the Museum upon written application of the employee be granted a leave of absence without pay for a period of up to six (6) months from the date of occurrence without loss of seniority. In administering this provision, the Museum shall not unreasonably withhold its approval of an application for extended medical leave. Prior to the end of an approved extended medical leave, the employee may apply in writing to have such leave extended for up to an additional six months, and the Museum may, in its discretion, approve such extension. Should such request for extension be denied, the Museum shall provide a written reason for such rejection. To be considered for extended medical leave, an employee must indicate in writing an intention to return to his/her former position, or a comparable position, upon termination of the leave. At the request of the Museum the applying employee shall also submit a doctor's certificate stating the estimated time of recovery and return to work, which shall be updated periodically, at the request of the Museum. Prior to returning to work, the employee must obtain a doctor's 15
certificate satisfactory to the Museum, which certifies that the employee is ready and able to return to work. Section 6. Personal Leave Without Pay Employees having completed one (1) year of continuous employment shall, upon making written application at least one (1) month in advance (excluding emergencies) indicating his/her commitment to return to work at the end of the proposed leave, and upon obtaining the approval of the Museum, be granted a personal leave without pay for a period of up to six (6) months without loss of seniority. In administering this provision, the Museum shall not unreasonably withhold its approval of timely applications for personal leave without pay. The Museum may, in its discretion, grant an application for personal leave submitted after completion of the probationary period. Prior to the end of an approved personal leave, the employee may apply in writing to have such leave extended for up to an additional six (6) months, and the Museum may, in its discretion, approve such extension. Should such request for extension be denied, the Museum shall provide a written reason for such rejection. Section 7. Pregnancy/Child Leave a. If an employee is medically unable to work due to pregnancy, childbirth or a related medical condition, the employee shall be granted sick leave (or extended medical leave) for such period of disability, in accordance with the terms of Article 13 and Article 14, Section 5 of this MOU. During a pregnancy-related disability leave, the Museum agrees to maintain or make available insurance coverage in accordance with applicable pregnancy-related disability law. Section 8. Family and Medical Leave Policy a. Employees who have at least 12 months of service with the Museum and who have been employed for at least 1,250 hours within the 12-month period immediately prior to commencing the leave, may, as permitted by the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), take up to 12 weeks of family and medical leave within a 12-month period, which the Museum calculates on a calendar year basis. Family and medical leave may be taken because of the birth or adoption of a child or the serious illness of a child, parent, spouse or domestic partner or the employee. Family and medical leave is unpaid, except to the extent such leave qualifies for payments under California s Family Temporary Disability Insurance program, as described in Section 10, below, and the employee applies for such Family Temporary Disability Insurance program benefits, unless the employee elects to use accrued and unused vacation or sick leave for family care purposes or to supplement Family Temporary Disability Insurance payments in order to receive full regular pay while receiving such payments as part of that leave. The Museum may require the employee to use accrued sick leave for the employee's own serious illness. The Museum will continue to make its health insurance contribution as of the time the leave commences on behalf of the employee and to make the other insured benefits available to the employee at his or her expense during the period of family and medical leave. Where possible, the employee shall give reasonable advance notice to his/her supervisor of the need for the leave (at least 30 days in advance, if known; if not, within five working days of the employee's knowing of the need) and schedule the leave to avoid disruption of the Museum's operations. The Museum may require a health care professional's certification of the need for and duration of the leave. Family and medical leave under this section is separate and distinct from the pregnancy-related disability leave provided for in Article 14, Section 7. 16