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1 KERIANNE R. STEELE, Bar No. 250897
XOCHITL A. LOPEZ, Bar No. 284909
2 WEINBERG, ROGER & ROSENFELD
A Professional Corporation ELECTRONICALLY
3 1001 Marina Village Parkway, Suite 200 F I L E D
Alameda, California 94501 Superior Court of California,
County of San Francisco
4 Telephone (510) 337-1001
Fax (510) 337-1023 06/10/2019
5 E-Mail: ksteele@unioncounsel.net Clerk of the Court
BY: SANDRA SCHIRO
xlopez@unioncounsel.net Deputy Clerk
6
Attorneys for Petitioner
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN FRANCISCO
10 SERVICE EMPLOYEES INTERNATIONAL Case No. CPF-19-516692
UNION, LOCAL 1021,
11 DECLARATION OF JESSICA INOUYE
Petitioner, IN SUPPORT OF PETITION TO
12 COMPEL ARBITRATION
v.
13 Date: August 6, 2019
CITY & COUNTY OF SAN FRANCISCO - Time: 9:30 a.m.
14 DEPARTMENT OF PUBLIC HEALTH, Dept.: 302
Reservation No.: 06060806-01
15 Respondent.
16
17 I, JESSICA INOUYE, hereby declare that:
18 1. I am a Field Representative for Service Employees International Union, Local
19 1021 ("SEIU Local 1021" or "Union") in the San Francisco area. As part of my duties,Ihandled
20 the grievance filed by SEIU Local 1021 over the discharge of Marc Rappaport. Ihave personal
21 knowledge of the factsI state below, and ifI were to be called as a witness, I could competently
22 testify about whatIhave written in this declaration.
23 2. SEIU Local 1021 and the City and County of San Francisco ("City") are parties to
24 a written, Memorandum of Understanding ("MOU"), which sets forth rights and protections of
25 employees in the Union's bargaining unit. A true and correct copy of the relevant portions of the
26 MOU are attached herein as Exhibit A.
27 3. According to recordsIhave reviewed in handling the grievance of Marc
28 Rappaport, the City hired Marc Rappaport ("grievant") into the Senior Behavioral Health
WEINBERG, ROGER &
ROSENFELD
A ProliNsional Corporation
1
DECLARATION OF JESSICA INOUYE IN SUPPORT OF PETITION TO COMPEL ARBITRATION
1001 Marina Village radmAy..ile 200
Alameda, Calilimnia 94501
( 510)2,1001
Case No. CPF-19-516692
1 Clinician classification, on or about October 26, 2017. According to his Notice of Probationary
2 Status, Mr. Rappaport's probationary period was set to begin on November 7, 2017 and end on
3 May 6, 2018. A true and correct copy of the Notice of Probationary Status is attached herein as
4 Exhibit B.
5 4. The grievant's position is covered by the parties' MOU.
6 5. Prior to his discharge, the grievant ordinarily worked 10-hour shifts.
7 6. According to the City's records whichIreviewed during the grievance process, the
8 grievant requested and received one full 10-hour sick day using paid sick time he had accrued
9 during his probationary period. The City also paid the grievant an additional 2 hours for each of
10 six 8-hour holidays, so that he would receive a 10-hour payment on those days, and not
11 experience a pay cut during the paid holidays. According to the City, the payments were docked
12 from his floating holiday bank. Floating holidays are paid time off accrued by employees. Under
13 the MOU, floating holidays are used on a date selected by the employee. Documents showing the
14 grievant's pay records are attached to a July 16, 2018 letter from the City addressed to me. A true
15 and correct copy of the July 16, 2018 letter and attachments are attached herein as Exhibit C.
16 7. Based on my investigation of this matter, and on information and belief,I
17 concluded that the grievant did not select to use his floating holidays on the dates that the City
18 made those payments, and that the grievant was not aware that the City had docked his floating
19 holiday bank to pay him the additional 2-hour increments on those holidays.
20 8. The City fired the grievant on May 8, 2018, without just cause, claiming that he
21 was still on probation. A true and correct copy of the Notice of Release from Entrance Probation
22 is attached herein as Exhibit D.
23 9. I filed a grievance over Mr. Rappaport's discharge, pursuant to the grievance
24 procedure in the Union's MOU with the City, alleging that the City terminated the grievant after
25 the close of his six month probationary period, and alleging that the discharge violated the "just
26 cause" provision in the MOU. A true and correct copy of the grievance is attached herein as
27 Exhibit E.
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
2
DECLARATION OF JESSICA INOUYE IN SUPPORT OF PETITION TO COMPEL ARBITRATION
1001 N1nrina vnmgo Yerkway. Suitc 200
Alameda. C01111,rnia 94501
1510)337-100,
Case No. CPF-19-516692
10. The parties proceeded through stepsI through III of the contractual grievance procedure,
but were unable to resolve the dispute in these preliminary steps. The City issued written
responses pursuant to the grievance steps on July 16, August 1, and August 22, 2018. True and
correct copies of the July 16, August 1, and August 22 2018 letters are attached herein as Exhibits
C, F, and G respectively. The City did not argue that the grievance procedure did not apply
during this process. During the grievance process, the City argued that the discharge was proper,
because the grievant remained in his probation at the time of the discharge, and because of this,
the City was not obligated to comply with the just cause provision of the collective bargaining
agreement prior to terminating his employment.
11. The Union timely appealed the grievance to arbitration. In its September 28, 2018 letter
regarding the arbitrability of this grievance, the City referenced a provision in Appendix A to the
City's Charter. A true and correct copy of Section A8.409-3 of the Charter is attached herein as
Exhibit H.
Ideclare under penalty of perjury under the laws of the State of Cali ornia that the
foregoing is true and correct. Executed thisIday of June, 2019 at San Francisco, California.
JESSICA INOUYE
147694\1028435
Rocril s:
tcl iNBE1G,
ROSFVFIA.D
,:.-N-pora;50,3
3
4,104:s .?..13.,1 DECLARATION OF JESSICA INOUYE IN SUPPORT OF PETITION TO COMPEL ARBITRATION
Case No, CaseNumber
SELL LOCAL 1021 v. CITY & COUNTY OF SAN FRANCISCO
SAN FRANCISCO COUNTY SUPERIOR COURT
Case No. CPF-19-516692
EXHIBIT
To Declaration of Jessica Inouye in
Eupport of Petition to Compel Arbitration
COLLECTWE IIt ARGAENING AGREEMENT
BETWEEN AND FOR
SERVRCE EMPLOYEES 1NTIERNATIIONAL UMON
LOCAL 1021
AND
THE CETY AND COUNTY OF SAN FRANCOSCO
JULY 1, 2014 - JUNE 30, 2019
Revilmcll pea- Amendment #2 t FY. 20114-201l7
RevtEed pea- Amendment #I1 'FY 20114-2E9 MOU
TABLE OF CONTENTS
ARTICLE I— REPRESENTATION 1
A. RECOGNITION 1
Classifications Currently Represented 1
Placement of New Classifications 1
Applicability of the Agreement to All Newly Recognized Classifications 1
Employee Relations Ordinance 2
B. INTENT 2
C. MANAGEMENT RIGHTS 2
D. NO WORK STOPPAGE 3
E. OBJECTIVE OF THE PARTIES 3
F. UNION SECURITY 3
Application 3
Agency Shop 4
Religious Exemption 4
Payroll Deductions 4
Employees Exempt from Agency Shop 5
Financial Reporting 5
Indemnification 6
G. OFFICIAL REPRESENTATIVES AND STEWARDS 6
Official Representatives 6
Stewards 6
Official Representatives to Retirement and Health Service Board and Civil Service Commission
Meetings 7
H. BULLETIN BOARDS, INTEROFFICE MAIL, UNION ACCESS AND LEGAL MATERIALS
8
Bulletin Boards 8
Inter-Office Mail and Email 8
Union Access 8
Legal Materials 8
DPH Website and Telephone Hotline 9
I. VENDING MACHINES 9
J. DATA 9
Equal Employment Opportunity (Glass Ceilings) 10
K. CITY WIDE LABOR MANAGEMENT COMMITTEE 10
ARTICLE II — EMPLOYMENT CONDITIONS 12
A. NO DISCRIMINATION 12
Discrimination Prohibited 12
Reasonable Accommodation 12
Complaints of Discrimination 13
No Discrimination on Account of Union Activity 13
B. PROBATION 13
C. CONTRACTING OUT OF WORK 14
Required Notice to the Union on Prop J Contracts 15
Non-Prop J (Personal Services Contracts) 16
Joint Labor Management Committee on Personal Service Contracts 17
JULY 1, 2014 - JUNE 30, 2019 CBA BETWEEN
CITY AND COUNTY OF SAN FRANCISCO AND SEIU LOCAL 1021
Grants 17
Volunteers, SWAP, CAL WORKS, CAAP Workfare, or others not covered by this agreement18
Sworn Police Officers 18
Severance/Retraining 18
D. LAYOFF 18
Department of Public Health 18
60-Day Minimum Notice 19
Minimum Notice for Displacements 19
Request to Meet & Confer 19
Citywide Seniority in Classification 19
Retraining & Alternative Employment Opportunities 19
Severance 20
Internal Job Placement Committee 20
E. STAFFING LEVELS 21
F. REIMBURSEMENT OF WORK-RELATED EXPENSES 21
Mileage 21
Parking Expense 21
Damaged or Stolen Property 21
Meals 22
G. FINGERPRINTING 22
H. PHYSICAL FITNESS JOINT LABOR-MANAGEMENT COMMITTEE 22
I. COMMUTER BENEFITS 22
J. WELFARE REFORM 22
K. PARKING FACILITIES 23
L. EMPLOYEE SUGGESTION PROGRAM 23
Worker Initiated Cost Abatement Program 23
M. INDEMNIFICATION AND DEFENSE OF CITY EMPLOYEES 24
N. THE RIGHT TO PRIVACY IN THE WORKPLACE 24
0. PEACE OFFICER STATUS 24
P. AUTOMATIC RESIGNATION 24
Q. UNSATISFACTORY RESIGNATION 24
R. ADDITIONAL PART-TIME EMPLOYMENT 24
S. UNIFORMS AND EQUIPMENT 24
Uniform Specifications 25
Termination or Change of Employment; Return of Uniforms 26
Replacement of Uniforms 26
Uniforms for Laundry Workers and Porters 26
Uniforms and Equipment for 8204 Institutional Police, 8202 Security Guard, 1705
Communications Dispatcher II and 8300 Sheriff's Cadets Assigned to the
Institutional Patrol Unit 26
Sheriff's Employee Safety Equipment Committee 26
Ammunition Allowance for 8204 Institutional Police Officers Assigned to the Sheriffs
Department 27
Protective Clothing 27
Protective Clothing for 9220 Airport Operations Supervisor 27
Protective Vests for 8208 and 8210 Park Patrol Officers 27
Uniforms for 7470 and 7270 Watershed Keeper/Supervisor 27
Uniforms for 8201 Adult Crossing Guards 27
JULY 1, 2014 -JUNE 30, 2019 CBA BETWEEN
CITY AND COUNTY OF SAN FRANCISCO AND SEIU LOCAL 1021
T. UNIFORM ALLOWANCE FOR DEPARTMENT OF PUBLIC HEALTH EMPLOYEES ..28
Lab Coats 28
U. COMFORT STANDARDS 28
V. DEPARTMENT OF HUMAN SERVICES / DEPARTMENT OF AGING AND ADULT
SERVICES CASELOADS 28
W. PUC HOUSING 29
X. DISASTER SERVICE WORKERS 30
Y. TEAM NURSING 30
Z. REORGANIZATION 30
AA. UTILIZATION OF PROP F AND TEMPORARY EXEMPT EMPLOYEES 30
ARTICLE III — PAY, HOURS AND BENEFITS 31
A. WAGES 31
B. WORK SCHEDULES 31
Normal Work Schedules 31
1. Normal Work Day 31
2. Normal Work Week 32
3. Exceptions 32
Part-time Work Schedules 33
Work Schedule Changes 34
Rotating Days Off 34
Shift Bidding 34
C. REASSIGNMENT 34
D. ADDITIONAL COMPENSATION & PREMIUM PAY 35
Night Duty 35
Shift Differential for Swing and Night Duty- Radiology and Pharmacy 35
Night Duty - Public Health 36
Charge Nurse Premium 37
Preceptor Pay for Licensed Vocational Nurses in Jail Health Services 37
Extended Tour of Duty 38
Bilingual Pay 38
Supervisory Differential Adjustment 38
Standby Pay 39
DPH-SFGH Standby Pay, Trauma Response Members 39
Callback/Holdover Pay 40
Referral Unit 40
Public Safety Communications Premium 40
Lead Person Premium 41
Underwater Diving Pay 41
Security Guard 41
Acting Assignment Pay 41
Volunteers, SWAP, CAL WORKS, CAAP Workfare, or others not covered by this agreement42
Medi-Cal Screen/Process Premium 42
Premium Pay for 2940/2944 Court Liaisons 42
Premium Pay for Emergency Response Protective Service Workers 42
Adult Protective Service Unit Premium 42
Airport Field Officer Training Premium 42
Airport Traffic Division Premium 43
JULY 1, 2014 -JUNE 30, 2019 CBA BETWEEN
CITY AND COUNTY OF SAN FRANCISCO AND SEIU LOCAL 1021
District Station Premium 43
2467, 2468, 2469 and 2470 (Diagnostic Imaging Technologist Series) 43
4215 Assessor-Recorder Senior Office Specialist 43
Longevity Premium 44
POST and/or Educational Premium Pay (Medical Examiner Investigator series) 44
8238 Public Safety Communications Dispatcher and 8239 Senior Police Communications
Dispatcher 44
2450 Pharmacist and 2454 Clinical Pharmacist 44
9202, 9203 and 9204 (Airport Communications Series) 44
Human Services Agency Classifications 2905 Senior Eligibility Worker, 2912 Senior Social
Worker, and 9703 Employment & Training Specialist 2 45
2940 and 2944 (Protective Service Workers) 46
2604 and 2606 (Food Service Workers) 46
8300 Sheriff's Cadet 46
7268 Window Cleaner Supervisor 46
Retirement Restoration Payment 46
Relief for Individual Employees 47
E. OVERTIME COMPENSATION 48
Assignment of Overtime 48
Overtime for Non-"Z" Employees 49
1. Overtime Pay or Compensatory Time 49
2. Maximum Accrual of Compensatory Time 49
3. Use of Compensatory Time 49
4. Pay out of compensatory timefor non-"Z" and "L" class employees at termination of
employment 50
Overtime for "Z" Employees 50
F. HOLIDAYS 50
Designation of Holidays 50
Floating Holidays 51
Saturday Holidays 51
Holiday Compensation for Time Worked 51
Holidays for Employees on Work Schedules Other Than Monday Thru Friday 52
Holiday Pay for Employees Laid Off 52
Employees Not Eligible for Holiday Compensation 52
Part-time Employees Eligible for Holidays 52
G. SALARY STEP PLAN AND SALARY ADJUSTMENTS 53
Salary Step Plan 53
Compensation Adjustments 55
1. Prior Fiscal Year Promotion 55
2. Salary Increase in Next Lower Rank Classification 55
3. Flat Rate Converted to Salary Range 55
4. Continuation of Salary Step Earned Under Temporary Appointment 55
5. Credit for Non Permanent Service 55
6. Salary Anniversary Date Adjustment 56
Compensation Upon Transfer or Reemployment 56
1. Transfer 56
2. Reemployment In an Intermediate Classification 56
3. Reemployment In a Formerly Held Classification 56
JULY 1,2014 - JUNE 30,2019 CBA BETWEEN
CITY AND COUNTY OF SAN FRANCISCO AND SEJU LOCAL 1021
iv
Salary Step Placement Resulting from Status Grant 56
H. NON-PERMANENT EMPLOYEES 56
Testing of Non-Permanent Employees 56
Save-Our-Services Labor/Management Committee 57
Flat Step Classifications 57
Part-Time Employees 58
Seniority 58
Benefits 58
Data 58
I. SENIORITY INCREMENTS 59
Entry at the First Step 59
1. Advancement Through Salary Steps 59
Entry at Other Than the First Step 59
Conversion from Salary Set by Charter Section 8.400 59
Date Increment Due 59
Lay-Off 60
J. HEALTH PLAN 60
Health and Dental Benefits 60
Health Coverage Effective January 1, 2015 60
Joint Commitment to Raise Quality and Lower Costs 61
Dental: Fiscal Year 2011-2012 and Thereafter 61
K. LONG TERM DISABILITY INSURANCE 62
L. BENEFITS WHILE ON UNPAID LEAVE OF ABSENCE 62
M. RETIREMENT 62
1. Proposition C 62
2. Employee payment of employee contribution to Ca1PERS 64
Retirement Restoration 65
Temporary Employees 65
Retirement Buy Back 65
Retirement Board 65
Review of Retirement Portfolio 66
Retirement Reopener 66
Release Time for Pre-Retirement Planning Seminars 66
Safety Retirement for Certain Classifications 66
N. CHILD CARE & VOLUNTEER/PARENTAL RELEASE TIME 67
Volunteer/Parental Release Time 67
0. DCAP PROGRAM 67
P. MUNICIPAL RAILWAY PASSES 67
Q. PAYROLL PROCEDURES 67
Overtime & Holiday Pay 67
Recovery of Overpayment 67
Additional Payroll Procedures 68
Maintenance and Charges 68
R. JURY DUTY 68
Swing and Night Shift Employees 69
S. VACATION 69
Vacation and Days Off Scheduling 69
Holiday during Vacation 69
JULY 1, 2014 - JUNE 30, 2019 CBA BETWEEN
CITY AND COUNTY OF SAN FRANCISCO AND SEW LOCAL 1021
Vacation when Employment Ceases 69
Annual Vacations of Employees 69
Authorization of Transfer of Vacation Credits 70
T. STATE UNEMPLOYMENT AND DISABILITY INSURANCE 70
U. FAIR LABOR STANDARDS ACT 70
V. EMPLOYEE ASSISTANCE PROGRAM 71
W. DIRECT DEPOSIT OF PAYMENTS 71
X. LEGAL SERVICES PROGRAM 72
Y. APPOINTMENT PROCESSING 72
Z. PAID SICK LEAVE ORDINANCE 72
AA.LIFE INSURANCE 72
ARTICLE IV — GRIEVANCE PROCEDURE & PERSONNEL FILES 73
A. GRIEVANCE PROCEDURE 73
Definition 73
Grievance Description 73
Procedure 73
Time Limits 74
Steps of the Grievance Procedure 74
Step IImmediate Supervisor 74
Step II Department Head/Designee 74
Step III Director, Employee Relations/Designee 75
Step IV Final and Binding Arbitration (except termination grievances) 75
Step IV Final and Binding Arbitration (termination grievances only) 77
Expedited Arbitration 78
Rights of Individuals 79
Skelly Rights 79
B. PERSONNEL FILES 79
Performance Information 81
ARTICLE V - TRAINING 82
A. CAREER OPPORTUNITIES 82
B TUITION REIMBURSEMENT 82
C. INSERVICE TRAINING 83
D. EDUCATIONAL LEAVE 83
E. 20/20 WORK TRAINING PROGRAM 83
F. SPECIAL EDUCATIONAL LEAVE FOR HEALTH RELATED PERSONNEL 84
LVN/LPT Educational Leave 85
G. TRAINING, RETRAINING AND CAREER DEVELOPMENT COMMITTEE 85
H. TRAINING FOR CLASS 2580 CORONER'S INVESTIGATORS 86
I. TRAINING FOR CERTAIN CLASSIFICATIONS 86
J. TEMPORARY EXCHANGES FOR TRAINING PURPOSES 88
K. PROTECTIVE SERVICE WORKER LICENSING SUPERVISION PROGRAM 88
L. SMART TRAINING 89
M. CITYWIDE SAFETY TRAINING PROGRAM 89
ARTICLE VI — HEALTH & SAFETY 90
A. HEALTH AND SAFETY 90
JULY 1, 2014 -JUNE 30, 2019 CBA BETWEEN
CITY AND COUNTY OF SAN FRANCISCO AND SE1U LOCAL 1021
vi
Policy 90
In formation 91
Assault Study 91
Joint SERI Labor-Management Occupational Health and Safety and Workers' Compensation
Committee 91
Asbestos Abatement Requirements 92
Video Display Equipment Working Conditions 92
Right to Know93
Macc Training93
Infectious Waste 93
Traumatic Event 94
Costs of Additional Laboratory Analysis Regarding Substance Abuse Policy at San Francisco
International Airport 94
ARTICLE VII — LEAVES OF ABSENCE & RETURN TO DUTY 95
A. LEAVES OF ABSENCE 95
Sick Leave — General Requirements 95
1. Eligibility for Sick Leave 95
2. Types of Sick Leave 95
3. Retirement Automatically Terminates Sick Leave 96
4. Abridgment of Sick Leave 96
Sick Leave with Pay 96
Preview
1 KERIANNE R. STEELE, Bar No. 250897 XOCHITL A. LOPEZ, Bar No. 284909 2 WEINBERG, ROGER & ROSENFELD A Professional Corporation ELECTRONICALLY 3 1001 Marina Village Parkway, Suite 200 F I L E D Alameda, California 94501 Superior Court of California, County of San Francisco 4 Telephone (510) 337-1001 Fax (510) 337-1023 06/10/2019 5 E-Mail: ksteele@unioncounsel.net Clerk of the Court BY: SANDRA SCHIRO xlopez@unioncounsel.net Deputy Clerk 6 Attorneys for Petitioner 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 SERVICE EMPLOYEES INTERNATIONAL Case No. CPF-19-516692 UNION, LOCAL 1021, 11 DECLARATION OF JESSICA INOUYE Petitioner, IN SUPPORT OF PETITION TO 12 COMPEL ARBITRATION v. 13 Date: August 6, 2019 CITY & COUNTY OF SAN FRANCISCO - Time: 9:30 a.m. 14 DEPARTMENT OF PUBLIC HEALTH, Dept.: 302 Reservation No.: 06060806-01 15 Respondent. 16 17 I, JESSICA INOUYE, hereby declare that: 18 1. I am a Field Representative for Service Employees International Union, Local 19 1021 ("SEIU Local 1021" or "Union") in the San Francisco area. As part of my duties,Ihandled 20 the grievance filed by SEIU Local 1021 over the discharge of Marc Rappaport. Ihave personal 21 knowledge of the factsI state below, and ifI were to be called as a witness, I could competently 22 testify about whatIhave written in this declaration. 23 2. SEIU Local 1021 and the City and County of San Francisco ("City") are parties to 24 a written, Memorandum of Understanding ("MOU"), which sets forth rights and protections of 25 employees in the Union's bargaining unit. A true and correct copy of the relevant portions of the 26 MOU are attached herein as Exhibit A. 27 3. According to recordsIhave reviewed in handling the grievance of Marc 28 Rappaport, the City hired Marc Rappaport ("grievant") into the Senior Behavioral Health WEINBERG, ROGER & ROSENFELD A ProliNsional Corporation 1 DECLARATION OF JESSICA INOUYE IN SUPPORT OF PETITION TO COMPEL ARBITRATION 1001 Marina Village radmAy..ile 200 Alameda, Calilimnia 94501 ( 510)2,1001 Case No. CPF-19-516692 1 Clinician classification, on or about October 26, 2017. According to his Notice of Probationary 2 Status, Mr. Rappaport's probationary period was set to begin on November 7, 2017 and end on 3 May 6, 2018. A true and correct copy of the Notice of Probationary Status is attached herein as 4 Exhibit B. 5 4. The grievant's position is covered by the parties' MOU. 6 5. Prior to his discharge, the grievant ordinarily worked 10-hour shifts. 7 6. According to the City's records whichIreviewed during the grievance process, the 8 grievant requested and received one full 10-hour sick day using paid sick time he had accrued 9 during his probationary period. The City also paid the grievant an additional 2 hours for each of 10 six 8-hour holidays, so that he would receive a 10-hour payment on those days, and not 11 experience a pay cut during the paid holidays. According to the City, the payments were docked 12 from his floating holiday bank. Floating holidays are paid time off accrued by employees. Under 13 the MOU, floating holidays are used on a date selected by the employee. Documents showing the 14 grievant's pay records are attached to a July 16, 2018 letter from the City addressed to me. A true 15 and correct copy of the July 16, 2018 letter and attachments are attached herein as Exhibit C. 16 7. Based on my investigation of this matter, and on information and belief,I 17 concluded that the grievant did not select to use his floating holidays on the dates that the City 18 made those payments, and that the grievant was not aware that the City had docked his floating 19 holiday bank to pay him the additional 2-hour increments on those holidays. 20 8. The City fired the grievant on May 8, 2018, without just cause, claiming that he 21 was still on probation. A true and correct copy of the Notice of Release from Entrance Probation 22 is attached herein as Exhibit D. 23 9. I filed a grievance over Mr. Rappaport's discharge, pursuant to the grievance 24 procedure in the Union's MOU with the City, alleging that the City terminated the grievant after 25 the close of his six month probationary period, and alleging that the discharge violated the "just 26 cause" provision in the MOU. A true and correct copy of the grievance is attached herein as 27 Exhibit E. 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 2 DECLARATION OF JESSICA INOUYE IN SUPPORT OF PETITION TO COMPEL ARBITRATION 1001 N1nrina vnmgo Yerkway. Suitc 200 Alameda. C01111,rnia 94501 1510)337-100, Case No. CPF-19-516692 10. The parties proceeded through stepsI through III of the contractual grievance procedure, but were unable to resolve the dispute in these preliminary steps. The City issued written responses pursuant to the grievance steps on July 16, August 1, and August 22, 2018. True and correct copies of the July 16, August 1, and August 22 2018 letters are attached herein as Exhibits C, F, and G respectively. The City did not argue that the grievance procedure did not apply during this process. During the grievance process, the City argued that the discharge was proper, because the grievant remained in his probation at the time of the discharge, and because of this, the City was not obligated to comply with the just cause provision of the collective bargaining agreement prior to terminating his employment. 11. The Union timely appealed the grievance to arbitration. In its September 28, 2018 letter regarding the arbitrability of this grievance, the City referenced a provision in Appendix A to the City's Charter. A true and correct copy of Section A8.409-3 of the Charter is attached herein as Exhibit H. Ideclare under penalty of perjury under the laws of the State of Cali ornia that the foregoing is true and correct. Executed thisIday of June, 2019 at San Francisco, California. JESSICA INOUYE 147694\1028435 Rocril s: tcl iNBE1G, ROSFVFIA.D ,:.-N-pora;50,3 3 4,104:s .?..13.,1 DECLARATION OF JESSICA INOUYE IN SUPPORT OF PETITION TO COMPEL ARBITRATION Case No, CaseNumber SELL LOCAL 1021 v. CITY & COUNTY OF SAN FRANCISCO SAN FRANCISCO COUNTY SUPERIOR COURT Case No. CPF-19-516692 EXHIBIT To Declaration of Jessica Inouye in Eupport of Petition to Compel Arbitration COLLECTWE IIt ARGAENING AGREEMENT BETWEEN AND FOR SERVRCE EMPLOYEES 1NTIERNATIIONAL UMON LOCAL 1021 AND THE CETY AND COUNTY OF SAN FRANCOSCO JULY 1, 2014 - JUNE 30, 2019 Revilmcll pea- Amendment #2 t FY. 20114-201l7 RevtEed pea- Amendment #I1 'FY 20114-2E9 MOU TABLE OF CONTENTS ARTICLE I— REPRESENTATION 1 A. RECOGNITION 1 Classifications Currently Represented 1 Placement of New Classifications 1 Applicability of the Agreement to All Newly Recognized Classifications 1 Employee Relations Ordinance 2 B. INTENT 2 C. MANAGEMENT RIGHTS 2 D. NO WORK STOPPAGE 3 E. OBJECTIVE OF THE PARTIES 3 F. UNION SECURITY 3 Application 3 Agency Shop 4 Religious Exemption 4 Payroll Deductions 4 Employees Exempt from Agency Shop 5 Financial Reporting 5 Indemnification 6 G. OFFICIAL REPRESENTATIVES AND STEWARDS 6 Official Representatives 6 Stewards 6 Official Representatives to Retirement and Health Service Board and Civil Service Commission Meetings 7 H. BULLETIN BOARDS, INTEROFFICE MAIL, UNION ACCESS AND LEGAL MATERIALS 8 Bulletin Boards 8 Inter-Office Mail and Email 8 Union Access 8 Legal Materials 8 DPH Website and Telephone Hotline 9 I. VENDING MACHINES 9 J. DATA 9 Equal Employment Opportunity (Glass Ceilings) 10 K. CITY WIDE LABOR MANAGEMENT COMMITTEE 10 ARTICLE II — EMPLOYMENT CONDITIONS 12 A. NO DISCRIMINATION 12 Discrimination Prohibited 12 Reasonable Accommodation 12 Complaints of Discrimination 13 No Discrimination on Account of Union Activity 13 B. PROBATION 13 C. CONTRACTING OUT OF WORK 14 Required Notice to the Union on Prop J Contracts 15 Non-Prop J (Personal Services Contracts) 16 Joint Labor Management Committee on Personal Service Contracts 17 JULY 1, 2014 - JUNE 30, 2019 CBA BETWEEN CITY AND COUNTY OF SAN FRANCISCO AND SEIU LOCAL 1021 Grants 17 Volunteers, SWAP, CAL WORKS, CAAP Workfare, or others not covered by this agreement18 Sworn Police Officers 18 Severance/Retraining 18 D. LAYOFF 18 Department of Public Health 18 60-Day Minimum Notice 19 Minimum Notice for Displacements 19 Request to Meet & Confer 19 Citywide Seniority in Classification 19 Retraining & Alternative Employment Opportunities 19 Severance 20 Internal Job Placement Committee 20 E. STAFFING LEVELS 21 F. REIMBURSEMENT OF WORK-RELATED EXPENSES 21 Mileage 21 Parking Expense 21 Damaged or Stolen Property 21 Meals 22 G. FINGERPRINTING 22 H. PHYSICAL FITNESS JOINT LABOR-MANAGEMENT COMMITTEE 22 I. COMMUTER BENEFITS 22 J. WELFARE REFORM 22 K. PARKING FACILITIES 23 L. EMPLOYEE SUGGESTION PROGRAM 23 Worker Initiated Cost Abatement Program 23 M. INDEMNIFICATION AND DEFENSE OF CITY EMPLOYEES 24 N. THE RIGHT TO PRIVACY IN THE WORKPLACE 24 0. PEACE OFFICER STATUS 24 P. AUTOMATIC RESIGNATION 24 Q. UNSATISFACTORY RESIGNATION 24 R. ADDITIONAL PART-TIME EMPLOYMENT 24 S. UNIFORMS AND EQUIPMENT 24 Uniform Specifications 25 Termination or Change of Employment; Return of Uniforms 26 Replacement of Uniforms 26 Uniforms for Laundry Workers and Porters 26 Uniforms and Equipment for 8204 Institutional Police, 8202 Security Guard, 1705 Communications Dispatcher II and 8300 Sheriff's Cadets Assigned to the Institutional Patrol Unit 26 Sheriff's Employee Safety Equipment Committee 26 Ammunition Allowance for 8204 Institutional Police Officers Assigned to the Sheriffs Department 27 Protective Clothing 27 Protective Clothing for 9220 Airport Operations Supervisor 27 Protective Vests for 8208 and 8210 Park Patrol Officers 27 Uniforms for 7470 and 7270 Watershed Keeper/Supervisor 27 Uniforms for 8201 Adult Crossing Guards 27 JULY 1, 2014 -JUNE 30, 2019 CBA BETWEEN CITY AND COUNTY OF SAN FRANCISCO AND SEIU LOCAL 1021 T. UNIFORM ALLOWANCE FOR DEPARTMENT OF PUBLIC HEALTH EMPLOYEES ..28 Lab Coats 28 U. COMFORT STANDARDS 28 V. DEPARTMENT OF HUMAN SERVICES / DEPARTMENT OF AGING AND ADULT SERVICES CASELOADS 28 W. PUC HOUSING 29 X. DISASTER SERVICE WORKERS 30 Y. TEAM NURSING 30 Z. REORGANIZATION 30 AA. UTILIZATION OF PROP F AND TEMPORARY EXEMPT EMPLOYEES 30 ARTICLE III — PAY, HOURS AND BENEFITS 31 A. WAGES 31 B. WORK SCHEDULES 31 Normal Work Schedules 31 1. Normal Work Day 31 2. Normal Work Week 32 3. Exceptions 32 Part-time Work Schedules 33 Work Schedule Changes 34 Rotating Days Off 34 Shift Bidding 34 C. REASSIGNMENT 34 D. ADDITIONAL COMPENSATION & PREMIUM PAY 35 Night Duty 35 Shift Differential for Swing and Night Duty- Radiology and Pharmacy 35 Night Duty - Public Health 36 Charge Nurse Premium 37 Preceptor Pay for Licensed Vocational Nurses in Jail Health Services 37 Extended Tour of Duty 38 Bilingual Pay 38 Supervisory Differential Adjustment 38 Standby Pay 39 DPH-SFGH Standby Pay, Trauma Response Members 39 Callback/Holdover Pay 40 Referral Unit 40 Public Safety Communications Premium 40 Lead Person Premium 41 Underwater Diving Pay 41 Security Guard 41 Acting Assignment Pay 41 Volunteers, SWAP, CAL WORKS, CAAP Workfare, or others not covered by this agreement42 Medi-Cal Screen/Process Premium 42 Premium Pay for 2940/2944 Court Liaisons 42 Premium Pay for Emergency Response Protective Service Workers 42 Adult Protective Service Unit Premium 42 Airport Field Officer Training Premium 42 Airport Traffic Division Premium 43 JULY 1, 2014 -JUNE 30, 2019 CBA BETWEEN CITY AND COUNTY OF SAN FRANCISCO AND SEIU LOCAL 1021 District Station Premium 43 2467, 2468, 2469 and 2470 (Diagnostic Imaging Technologist Series) 43 4215 Assessor-Recorder Senior Office Specialist 43 Longevity Premium 44 POST and/or Educational Premium Pay (Medical Examiner Investigator series) 44 8238 Public Safety Communications Dispatcher and 8239 Senior Police Communications Dispatcher 44 2450 Pharmacist and 2454 Clinical Pharmacist 44 9202, 9203 and 9204 (Airport Communications Series) 44 Human Services Agency Classifications 2905 Senior Eligibility Worker, 2912 Senior Social Worker, and 9703 Employment & Training Specialist 2 45 2940 and 2944 (Protective Service Workers) 46 2604 and 2606 (Food Service Workers) 46 8300 Sheriff's Cadet 46 7268 Window Cleaner Supervisor 46 Retirement Restoration Payment 46 Relief for Individual Employees 47 E. OVERTIME COMPENSATION 48 Assignment of Overtime 48 Overtime for Non-"Z" Employees 49 1. Overtime Pay or Compensatory Time 49 2. Maximum Accrual of Compensatory Time 49 3. Use of Compensatory Time 49 4. Pay out of compensatory timefor non-"Z" and "L" class employees at termination of employment 50 Overtime for "Z" Employees 50 F. HOLIDAYS 50 Designation of Holidays 50 Floating Holidays 51 Saturday Holidays 51 Holiday Compensation for Time Worked 51 Holidays for Employees on Work Schedules Other Than Monday Thru Friday 52 Holiday Pay for Employees Laid Off 52 Employees Not Eligible for Holiday Compensation 52 Part-time Employees Eligible for Holidays 52 G. SALARY STEP PLAN AND SALARY ADJUSTMENTS 53 Salary Step Plan 53 Compensation Adjustments 55 1. Prior Fiscal Year Promotion 55 2. Salary Increase in Next Lower Rank Classification 55 3. Flat Rate Converted to Salary Range 55 4. Continuation of Salary Step Earned Under Temporary Appointment 55 5. Credit for Non Permanent Service 55 6. Salary Anniversary Date Adjustment 56 Compensation Upon Transfer or Reemployment 56 1. Transfer 56 2. Reemployment In an Intermediate Classification 56 3. Reemployment In a Formerly Held Classification 56 JULY 1,2014 - JUNE 30,2019 CBA BETWEEN CITY AND COUNTY OF SAN FRANCISCO AND SEJU LOCAL 1021 iv Salary Step Placement Resulting from Status Grant 56 H. NON-PERMANENT EMPLOYEES 56 Testing of Non-Permanent Employees 56 Save-Our-Services Labor/Management Committee 57 Flat Step Classifications 57 Part-Time Employees 58 Seniority 58 Benefits 58 Data 58 I. SENIORITY INCREMENTS 59 Entry at the First Step 59 1. Advancement Through Salary Steps 59 Entry at Other Than the First Step 59 Conversion from Salary Set by Charter Section 8.400 59 Date Increment Due 59 Lay-Off 60 J. HEALTH PLAN 60 Health and Dental Benefits 60 Health Coverage Effective January 1, 2015 60 Joint Commitment to Raise Quality and Lower Costs 61 Dental: Fiscal Year 2011-2012 and Thereafter 61 K. LONG TERM DISABILITY INSURANCE 62 L. BENEFITS WHILE ON UNPAID LEAVE OF ABSENCE 62 M. RETIREMENT 62 1. Proposition C 62 2. Employee payment of employee contribution to Ca1PERS 64 Retirement Restoration 65 Temporary Employees 65 Retirement Buy Back 65 Retirement Board 65 Review of Retirement Portfolio 66 Retirement Reopener 66 Release Time for Pre-Retirement Planning Seminars 66 Safety Retirement for Certain Classifications 66 N. CHILD CARE & VOLUNTEER/PARENTAL RELEASE TIME 67 Volunteer/Parental Release Time 67 0. DCAP PROGRAM 67 P. MUNICIPAL RAILWAY PASSES 67 Q. PAYROLL PROCEDURES 67 Overtime & Holiday Pay 67 Recovery of Overpayment 67 Additional Payroll Procedures 68 Maintenance and Charges 68 R. JURY DUTY 68 Swing and Night Shift Employees 69 S. VACATION 69 Vacation and Days Off Scheduling 69 Holiday during Vacation 69 JULY 1, 2014 - JUNE 30, 2019 CBA BETWEEN CITY AND COUNTY OF SAN FRANCISCO AND SEW LOCAL 1021 Vacation when Employment Ceases 69 Annual Vacations of Employees 69 Authorization of Transfer of Vacation Credits 70 T. STATE UNEMPLOYMENT AND DISABILITY INSURANCE 70 U. FAIR LABOR STANDARDS ACT 70 V. EMPLOYEE ASSISTANCE PROGRAM 71 W. DIRECT DEPOSIT OF PAYMENTS 71 X. LEGAL SERVICES PROGRAM 72 Y. APPOINTMENT PROCESSING 72 Z. PAID SICK LEAVE ORDINANCE 72 AA.LIFE INSURANCE 72 ARTICLE IV — GRIEVANCE PROCEDURE & PERSONNEL FILES 73 A. GRIEVANCE PROCEDURE 73 Definition 73 Grievance Description 73 Procedure 73 Time Limits 74 Steps of the Grievance Procedure 74 Step IImmediate Supervisor 74 Step II Department Head/Designee 74 Step III Director, Employee Relations/Designee 75 Step IV Final and Binding Arbitration (except termination grievances) 75 Step IV Final and Binding Arbitration (termination grievances only) 77 Expedited Arbitration 78 Rights of Individuals 79 Skelly Rights 79 B. PERSONNEL FILES 79 Performance Information 81 ARTICLE V - TRAINING 82 A. CAREER OPPORTUNITIES 82 B TUITION REIMBURSEMENT 82 C. INSERVICE TRAINING 83 D. EDUCATIONAL LEAVE 83 E. 20/20 WORK TRAINING PROGRAM 83 F. SPECIAL EDUCATIONAL LEAVE FOR HEALTH RELATED PERSONNEL 84 LVN/LPT Educational Leave 85 G. TRAINING, RETRAINING AND CAREER DEVELOPMENT COMMITTEE 85 H. TRAINING FOR CLASS 2580 CORONER'S INVESTIGATORS 86 I. TRAINING FOR CERTAIN CLASSIFICATIONS 86 J. TEMPORARY EXCHANGES FOR TRAINING PURPOSES 88 K. PROTECTIVE SERVICE WORKER LICENSING SUPERVISION PROGRAM 88 L. SMART TRAINING 89 M. CITYWIDE SAFETY TRAINING PROGRAM 89 ARTICLE VI — HEALTH & SAFETY 90 A. HEALTH AND SAFETY 90 JULY 1, 2014 -JUNE 30, 2019 CBA BETWEEN CITY AND COUNTY OF SAN FRANCISCO AND SE1U LOCAL 1021 vi Policy 90 In formation 91 Assault Study 91 Joint SERI Labor-Management Occupational Health and Safety and Workers' Compensation Committee 91 Asbestos Abatement Requirements 92 Video Display Equipment Working Conditions 92 Right to Know93 Macc Training93 Infectious Waste 93 Traumatic Event 94 Costs of Additional Laboratory Analysis Regarding Substance Abuse Policy at San Francisco International Airport 94 ARTICLE VII — LEAVES OF ABSENCE & RETURN TO DUTY 95 A. LEAVES OF ABSENCE 95 Sick Leave — General Requirements 95 1. Eligibility for Sick Leave 95 2. Types of Sick Leave 95 3. Retirement Automatically Terminates Sick Leave 96 4. Abridgment of Sick Leave 96 Sick Leave with Pay 96