MEMORANDUM OF UNDERSTANDINGBetweenLOCAL 521SERVICE EMPLOYEES INTERNATIONAL UNION, CTW, CLCAndCOMMUNITY BRIDGESNovember 30, 2015 – November 30, 20171.0 INTRODUCTIONThis Collective Bargaining Agreement is entered into between Community Bridges (hereinafter referred toas "Community Bridges") and SEIU Local 521, CTW-CLC (hereinafter referred to as "SEIU"). CommunityBridges is a California Nonprofit Public Benefit Corporation which is exempt under Internal Revenue Code §501 c3 as a charitable organization. Community Bridges and SEIU agree that harmoniousLabor-Management relations are to be promoted and furthered to fulfill Community Bridges' mission toprovide the highest quality, essential services to the community and clients.Unless otherwise specified herein, all provisions of this agreement shall become effective November 30,2015 and shall terminate. November 30, 20172.0 RECOGNITION2.1ExclusivityCommunity Bridges recognizes SEIU as the exclusive bargaining agent for all employees ofCommunity Bridges, excluding management, supervisory and confidential positions as defined byNational Labor Relations Board (NLRB) regulations, and those employees currently represented bythe United Transportation Union.The Union shall be given ten (10) working days advance notice of any significant personnel matter,ordinance, rule, resolution, regulation, or action affecting wages, benefits, and/or workingconditions related to matters within the scope of representation, unless the nature of the matterrequires more immediate remedy.The Union shall be given the opportunity to meet and confer with Community Bridgesrepresentatives prior to adoption by management or the Agency's Board of Directors.2.2Payroll DeductionsUpon receipt of a signed authorization from and employee, the regular monthly dues shall bededucted from an employee's pay. SEIU shall notify Community Bridges of the amount of dues tobe deducted. Half of the monthly dues shall be deducted each pay period from SEIU members andCommunity Bridges shall remit said dues to SEIU by the 15th of the following month. SEIU will payCommunity Bridges an administrative fee of thirty-five dollars ( 35) per pay period for overtime,when it is actually required to perform dues deduction in
addition to those in CDD, until the Union has a single dues rate, e.g. a single set percentage ofbase wages.SEIU shall provide to Community Bridges a dues schedule. SEIU shall notify Community Bridgesthirty (30) days in advance of any changes to the dues fee schedule.2.3Status ReportsCommunity Bridges shall provide quarterly dues deductions status reports, and monthlytermination/new hire member reports to SEIU.2.4COPEWorkers may voluntarily elect to have contributions deducted from their pay checks for the Local521 COPE fund. Such deduction shall be made upon signed authorization from the worker andshall be continued until such authorization is revoked in writing. Community Bridges shall transmitto SEIU such deductions on a check separate from regular dues deductions.UNION ACTIVITIES3.1StewardsCommunity Bridges agrees that SEIU shall be permitted to maintain one steward (and onealternate steward) per worksite, including administration, with one steward at MOW administrationand one steward for MOW drivers. Stewards receive and investigate complaints, assist in theresolution of grievances or potential grievances, and see that the terms and conditions of thecontract are observed.Each steward (or their alternate) shall be allowed an average of two (2) hours per month of paidrelease time, to conduct the above described SEIU business with at least five (5) working days'notice if possible so the supervisor can provide for adequate coverage. The work of the stewardshall not result in overtime pay. Should time for processing of grievances or disciplinary appealsexceed and average of two hours per month, additional time may be approved upon mutualagreement.In the event that a steward assigned to represent a certain work location is not available, anemployee may contact any other steward to assist him/her. If an employee has a reasonable beliefthat s/he may be called into a meeting with her/his supervisor for disciplinary reasons, theemployee has the right to contact a steward to attend the meeting with him/her.3.2Negotiating TeamCommunity Bridges recognizes up to one (1) employee and one (1) alternate per program to serveon the SEIU negotiating team for purposes of collective bargaining. Community Bridges'negotiating team shall also consist of three members of Administration and up to one (1) from eachprogram and optional alternate member.At the start of the negotiations, both the Agency Human Resources Department and SEIU Local521 shall inform the negotiating team members' direct supervisors of the need for release time andthe negotiations schedule. During the course of the negotiations session, however, eachnegotiating team member
(or their alternate) shall be responsible to request his/her release time off from their directsupervisor.3.3FacilitiesSEIU shall have access to Community Bridges facilities for membership meetings forrepresentation purposes with prior approval. Access is subject to Community Bridges leases, rentalagreements, and general use protocols.3.4Joint LaborLabor-Management Committee(a)The employer and the Union recognize that there may be employee issues that ariseoutside the scope of this agreement. The parties also recognize that those issues whichmight arise should be processed in a fair and timely manner and with a mutuallyagreeable resolution. To that end, Community Bridges and its represented Unionmembers shall form a Joint Labor-Management Committee. The parties agree to conductthese meetings with respectful communication in an effort to identify and problem solvearound area for improvement.(b)This Committee will consist of not more than three (3) management and SEIUrepresentatives each.(c)Meetings will be held on a quarterly basis. However if there is an urgent need for an extraLMC meeting, a meeting can be convened on an as needed basis. Meetings will be heldat mutually convenient times and locations. The Union representatives shall not suffer lossof pay to participate in the Joint Labor-Management Committee. One purpose of theCommittee is to assure that Union worker's input is available to the Board of Directors.Another purpose of LMC is to address issues that have already been brought up to directsupervisor, Program Director and/or Shop Steward in an effort to find a solution/resolution.(d)Release TimeThe three Joint Labor-Management Committee representatives shall be released with payfor a maximum of two hours per month to prepare for Labor-Management Committeemeetings.Joint Labor-Management Committee representatives shall additionally have theopportunity to meet with Union members in conjunction with staff meetings, as possible, toprovide information and gather input.The Agency shall make every effort to convene all members of the LMC-Union Team,consisting of three SEIU members and one SEIU Field Representative, for the scheduledmeeting, regardless of whether some committee members' programs may not have animmediate issue to resolve at that meeting.
Each Joint-Labor Management Committee member (or their alternate) is responsible torequest their own release time off from their direct supervisor. The Agency and the Unionshall, however, work with the
program directors and/or supervisor if any issues arise due to the release time off.(e)3.5Hiring CommitteesSubject to availability of on-call substitutes, an interview committee for any representedposition and the Site Supervisor position shall consist of at least one (1) Union memberfrom the classroom worksite where the position exists. Unit members who are part of theinterview committee shall be accorded all respect and consideration as fully participatingmembers of the interview committee. Two (2) unit program members shall similarlyparticipate in any interview committee(s) for a Program Director position. An interviewcommittee for the CEO position shall contain at least one (1) Union member; selected bythe Union negotiating committee.Bulletin BoardsSEIU shall be provided adequate, visible and accessible space on bulletin boards forcommunication and posting of notices approved by the Union. It shall be the Union's responsibilityto maintain the information posted on the bulletin board/display space and these shall be clearlymarked as Union Bulletin Board/Display Space.3.6DistributionSEIU may use all normal channels of communication with its members. SEIU may distribute officialSEIU material to represented workers such as interoffice mail, email and fax of CommunityBridges. Use of interoffice mail does not bind Community Bridges to continue providing interofficemail. SEIU acknowledges use of Community Bridges' interoffice mail carries with it no expectationsof privacy except for sealed envelopes marked "confidential." SEIU and its members shall not useagency copiers and materials without notifying Community Bridges, accounting for, and paying forsuch costs.3.7Collective Bargaining Agreement ManualsCollective bargaining agreements reached between the Agency and the Union shall be reproducedupon ratification of said agreement. Collective Bargaining Agreements reached between theAgency and the Union shall be borne equally between both parties. Community Bridges will beresponsible for the cost of reproducing manuals for all non-represented members who require acopy. SEIU Local 521 will be responsible for the cost of reproducing manuals for all representedSEIU Local 521 members.3.8SEIU RepresentativesRepresentativesSEIU representatives, who are identifies by SEIU to Community Bridges as authorized to representthe members, shall be permitted to enter the facilities of Community Bridges with concurrent noticeto the Program Director, or their
designee, for representation purposes. This right will be exercised reasonably and will not interferewith clients or interrupt workers in the performance of their duties. SEIU representatives will followthe same visitor procedures as established at each worksite.3.9SEIU Leave and Time OffCommunity Bridges recognizes that employees who are volunteer leaders in SEIU play animportant role in the development and maintenance of harmonious labor relations. Further, theCommunity Bridges acknowledges that effective representation requires participation in trainingand SEIU activities and that reasonable time off without pay should be available for such purposes.Granting or denying the request shall be at the discretion of their immediate supervisor (or PD) toassure that program services are not disrupted. Denial shall not be arbitrary or capricious, and thereason for the denial shall be given in writing to the worker. Workers shall give at least ten (10)working days' notice to their immediate supervisor (or PD) before participating in any activitiesduring work hours.4.0UNION SECURITY4.1Agency ShopAs a condition of employment, all workers covered by this agreement and hired on or after itseffective date, shall within fifteen (15) calendar days following the beginning of such employment,become and remain members in good standing (or service fee payers) in SEIU.Workers who are required hereunder to maintain membership or fee payer status and fail to do soand workers who are required hereunder to join SEIU or become service fee payers and fail to,shall be suspended by Community Bridges. This shall begin the process of termination within five(5) working days from receipt of notice in writing from SEIU.4.2Relationship AffirmationAffirmationCommunity Bridges and SEIU recognize their obligation to cooperate with each other to maximizeservice of the highest quality to members of the community, consistent with their obligations to theiremployees and members. Community Bridges and SEIU affirm the principle that harmoniousLabor-Management relations are to be promoted and furthered.5.0 CONFIDENTIALITYThe purpose of this policy is to protect the privacy, dignity and rights of Community Bridges clients and staff.It is not intended to prohibit the communication to supervisors or the Union of information relevant toprogram operation, safety, or Union representation. Employees shall treat all information received in thecourse of their work in a responsible and judicious manner. Employees shall neither disclose nor use fortheir personal interest confidential information acquired by them in the course of their duties. Employeeswho disclose or use for their personal interest sensitive/confidential
information regarding clients, staff, program, or Agency issues except in the course of protected Unionactivity will be subject to adverse action.6.0MANAGEMENT RIGHTS6.1The exercise of the powers, rights, authority, duties, and responsibilities by the Agency, theadoption of policies, rules, regulations, and practices in furtherance thereof, and the use ofjudgment and discretion in connection therewith, shall be limited only by the specific and expressterms of this Agreement, and then only to the extent such specific and express terms are inconformance with law.6.2It is understood and agreed that the Agency retains all of its powers and authority to direct, manageand control to the full extent of the law. Included in, but not limited to, those duties and powers arethe exclusive right to: determine its organization; direct the work of its employees; determine thetimes and hours of operation; determine the kinds and level of services to be provided and themethods and means of providing them; establish its policies, goals and objectives, ensure therights of our clients; determine staffing patterns; determine the kinds of personnel required;maintain the efficiency of Agency operations; build, move, or modify facilities; establish budgetprocedures and determine budgetary allocation; determine the methods of raising revenue;contract out work, which is not normally performed by the bargaining unit and is for less than twenty(20) hours per week, or is for limited term projects with set end dates which do not exceed one (1)year, and take any action on any matter in the event of an emergency.In addition, the Agency retains the right to hire, classify, assign, promote, reprimand, and terminateemployees, consistent with the relevant terms and conditions of this Agreement6.3The exercise by management of the rights and discretion as described herein shall not be subjectto the grievance/arbitration procedure, except when the exercise of such rights conflicts with thespecific terms and conditions of this contract.7.0NO DISCRIMINATION/HARASSMENT7.1No DiscriminationIt is the policy of Community Bridges, that no person shall on the grounds of age, race, color,gender, national origin, marital status, religion, sex, sexual preference or orientation, ancestry,physical or mental disability, medical condition, political affiliation, status as a veteran, or any othernon-job related factor, be denied the full benefits of, be subjected to discrimination under, or bedenied employment with any Community Bridges programs or activities. This includes, but is notlimited to, recruitment, hiring, promotion, discipline, transfer, compensation, assignment, benefits,training, layoff and recall practices.
Affirmative action shall be taken to achieve diversity and maintain this policy of Equal Opportunity.7.2No person in the service of Community Bridges or person seeking admission to the service shall beappointed, demoted, removed, or in any way favored or discriminated against because of her/hisage, race, creed, marital status, religion, physical or mental disability, medical condition, color, sex,sexual preference or orientation, marital status, national origin, gender, status as a veteran, orpolitical or religious opinions or affiliations.7.3Neither Community Bridges nor SEIU shall interfere with, intimidate, coerce or discriminate againstCommunity Bridges employees because of their exercising their rights to form, join, and participatein the activities of SEIU, or exercising their rights to refuse to participate in the activities of SEIU.7.4No HarassmentIt is the policy of Community Bridges to maintain an employment environment free fromharassment which has the effect, either directly or indirectly, of discriminating against individuals onthe basis of age, race, creed, marital status, religion, physical or mental disability, medicalcondition, color, sex, sexual preference or orientation, national origin, gender, status as a veteran,political or religious opinions or affiliations or Union activity.Harassment is defined as any persistent disturbance of an employee on any of these bases withoutlimitation in any of the following forms:(a)Verbal abuse e.g., epithets, derogatory comments or slurs;(b)Physical abuse e.g., assault, impeding or blocking movements, or any physicalinterference with normal work or movement, when directed at an individual in the contextof discriminatory harassment;(c)Visual forms of abuse, as determined by workplace standards that do not have seriousliterary, artistic, political, or scientific value, e.g., derogatory posters, cartoons or drawings,leering, staring or obscene gestures; or(d)Unwelcome sexual advances, request for sexual favors, and other verbal or physicalconduct of a sexual nature when:(1)Submission to such conduct is made either explicitly or implicitly as a term orcondition of an individual's employment,(2)Submission to or rejection of such conduct by an individual is used as the basisfor employment decisions affecting such individual,(3)Such conduct tends to have the purpose or effect of unreasonably interferingwith an individual's work performance or to create an intimidating, hostile, oroffensive working environment, or
(e)Any other conduct which has been identified by law as constituting harassment.It is the policy of Community Bridges that such harassment shall not be tolerated,condoned or trivialized, and that any Community Bridges employee who violates thispolicy shall be subject to appropriate disciplinary and/or adverse action, as described inthese policies.Reports of harassment shall be taken seriously and promptly investigated bymanagement who will take whatever action is necessary to stop the harassment. Resultsof the investigation and corrective measures taken will be communicated to the employeereporting the harassment with concurrent copy to the Union to the extent allowed by law,including the Health Insurance Portability and Accountability Act (HIPAA). No employeeshall be disciplined for reporting harassment or facts that may constitute harassment. Anyretaliation on the part of the harasser shall be grounds for immediate termination.7.5Conflict of Interest and Nepotism(a)No persons shall hold a job over which a member of her/his immediate family mayexercise supervisory authority. A member of the immediate family is defined as any of thefollowing: husband, wife, father, mother, sister, brother, son, daughter, father-in-law,mother-in-law, daughter-in-law, son-in-law, and those engaged in conjugal-typerelationships.(b)No person shall hold a job while a member of her/his immediate family serves on a board,council, committee, of the major policy-making body of a granting agency, which either byrule or by practice, regularly nominates, recommends, screens, or selects candidates foremployment at Community Bridges.(c)No person shall be allowed to participate in a Community Bridges hiring committee if theyhave a personal/intimate relationship with an applicant.WAGES8.1WagesWages for all bargaining unit members for the life of the contract are contained in Appendix A andAppendix B.These wages assume all job titles and qualifications that are currently in use by CommunityBridges.Cost of Living IncreasesEffective January 1, 2016 all bargaining unit employees shall receive a .75 cent Cost of LivingAdjustmentEffective January 1, 2017 all bargaining unit employees shall receive a .30 cent Cost of LivingAdjustmentAgency agrees to review job description and salaries for WIC bargaining unit members and willinform SEIU of proposed changes.
8.2Step IncreasesA step increase of 3.5% shall take effect twelve (12) months after an employee's hire date.Subsequent step increases of 3.5% shall take affect after every twelve (12) months of employmentsince their last step increase subject to a ten (10) step maximum as shown on Appendix A andAppendix B. On-call employees must work either one (1) year or five hundred (500) hours,whichever comes
latest, to be eligible for a step of three and a half (3.5%) percent up to the ten (10) step maximumas shown on Appendix A.The Agency and the Union shall meet and confer no later than January 2015 to discuss theimplementation of the step increase for all Elderday employees based on the budgetary status ofthe program.(a)Y-Rated PositionsAll employee's currently Y-Rated at eleven dollars and twenty-two cents ( 11.22) per hourwill move to the next step above eleven dollars and twenty-two cents ( 11.22) on thesalary schedule (Appendix A) at their next annual step increase date. Those currently ateleven dollars and twenty-two cents ( 11.22) will move to the next step on the CommunityBridges Pay Schedule, if eligible. This will not necessarily be 3.5%.(b)Hiring at Greater than Entry LevelThe HR Director may authorize that a candidate be hired into a job classification at asalary level higher than the entry level, based on meeting one or more of the followingcriteria:(1)There must be a demonstrated hardship in the recruitment efforts for that jobclassification;(2)The qualified candidate's last salary and benefits combined must have beengreater than the entry level salary and benefits combined for the job; and(3)The candidate's experience, education and expertise must clearly exceed theminimum qualifications required for the job.The HR Director may authorize that a position salary be advertised during recruitment asbeing negotiable over the range of salary Steps I through IV. After successful recruitment,the HR Director and hiring authority may then recommend to the CEO on the basis of thecriteria above that a candidate be hired at other than the entry level salary.The Union shall receive notice of all such hires. In any eighteen (18) month period when amajority of initial hires in a job class are placed above entry level on the salary schedule,the parties will meet to review the assigned salary and recommend adjustments asneeded.Differentials(a)Bilingual/Biliterate DifferentialThe Employer will provide an hourly bilingual differential of forty cents ( .40) to anyworker in a bilingual or preferred position who has qualified for bilingual assignments bypassing the bilingual exam. The employer will provide an hourly bilingual/biliteratedifferential of fifty cents ( .50) to
any worker who has qualified by passing the bilingual and biliterate exams and is in aposition requiring biliterate skills.(b)Meal Delivery DifferentialA twenty-cent ( .20) per hour differential shall be paid to meals drivers when they usetheir own car for deliveries.(c)OnOn-Call DifferentialA twenty-cent ( .20) per hour differential shall be paid to all on-call workers.(d)OnOn-Site Differential for CDD WorkersA twenty-cent ( .20) per hour differential shall be paid to Child Development Divisionworkers for each shift that they are required to stay on site for all breaks during that shift.(e)LongevityA fifteen (15) year longevity differential of seventy-five cents ( .75) per hour shall beeffective on the anniversary of completing fifteen (15) years of service An employeeworking for the Agency for fifteen years, even if in a different classification in thebargaining unit, will be considered eligible upon review of their service hours.(f)Cost of Living IncreasesThe salary schedule for all bargaining unit members shall increase by the followingcost-of-living adjustments:Effective upon ratification of this agreement, but no later than the first pay period inAugust 2014, bargaining unit employees shall receive a half percent (.5%) cost of livingadjustment.(g)The HR Director may authorize that current employees who meet the requirements into ajob classification be placed at a greater rate than entry level. The employee can be placedat a rate up to the 6th step as defined in the salary schedule, based on meeting one ormore of the following criteria:1) There must be a demonstrated hardship in the recruitment efforts for thatclassification;2) The qualified employee's last salary and benefits combined must have been greaterthan the entry level salary and benefits combined for the job; and3) The employee's experience, education and expertise must clearly exceed theminimum qualifications required for the job.Work out of ClassExcept in rare and extreme cases, assigned tasks shall be related to the positions normal function.Workers who agree to perform work in a classification with a higher salary range or workers whoagree to perform duties for more than two (2) total cumulative hours, which do not reasonablyrelate to the worker's
classification, shall receive a minimum five percent (5%) for performance of said duties.Work out of class assignments are temporary and shall not be made to fill vacantpositions except for periods of leave or during a period required to accomplishrecruitment and selection.(a)Child Development DivisionThe Employer will make every attempt to fill Child Development Division teachingpositions with those workers who have the proper legal credentials. In an emergency, aworker may, in order of seniority, be asked to work in an area for which she is notcredentialed. In these rare and extreme cases a lower level worker may agree to fill in on atemporary basis, within state licensing requirements. The worker will be compensated forworking out of class as provided in Section 184.108.40.206Supervision of CDD SubstitutesSubstitute coverage will be provided for the Site Supervisor to provide training to each newsubstitute during substitute orientation. During the first six (6) months of employment all SubstituteTeachers who are working to provide release coverage shall be assigned to work directly with theSite Supervisor when practicable. Otherwise the Site Supervisor will frequently check in during theday with the Teacher/Associate Teacher in case assistance is needed with training of thesubstitute. A Site Supervisor may appoint a Lead Teacher to supervise the Substitute. LeadTeacher will be compensated for working out of class as provided in SEIU Contract 8.4.A set of "Substitute Guidelines" will be provided to all substitutes. Guidelines will be posted andcontain site-specific rules as well as general child supervision and safety practices and protocols.8.6Substitute Associate Teacher Pay RateSubstitute Associate Teacher/Teachers base pay shall be increased to eleven dollars and fifty-fivecents ( 11.55) effective October 1, 2007, plus they will also be eligible for the on-call differential oftwenty-cents ( .20) per hour.BENEFITS9.1Medical Benefits(a)The Employer will provide, comprehensive medical plan, including dental and vision,available to full-time, regular status employees working 30 hours a week or more. Commencing onthe extension of this agreement, a share of cost will be implemented with the employee paying 100.00/month (effective on January 1, 2016) towards the health care package. The Agencyagrees to keep SEIU informed of any health insurance cost in 2017. These medical benefits beginthe first full month of employment and continue to the end of the month in which employment ends.All regular status employees working a minimum of 20 hours per week hired prior to the executionof this agreement will be considered "grandfathered" and not subject to this requirement. TheHealth Insurance Waiver 200.00 per month per employee.(b)Continuation during Unpaid LeaveEmployees will have the option to continue their health insurance benefits while on anunpaid leave. Cost of said benefits will be borne by the employee until she/he returns towork.(c)IRS Section 125 Flexible Benefits
Both parties agree in concept. The Employer needs to assess administrative cost to administer such a plan. IF theadministrative costs are acceptable to the Agency, the Agency will implement the IRS Section 125 Flexible Benefitseffective January 1, 2009.9.2LongLong-Term DisabilityUpon execution of this agreement, the employer will meet with the negotiations team to determinethe financial feasibility of and to create, if funds allow, a long-term disability plan.9.3Life InsuranceThe Employer will continue to provide a minimum of fifteen thousand dollars ( 15,000) lifeinsurance coverage.9.4401K PlanThe Employer shall provide a 401K plan for members who choose to participate through payrolldeductions. When a worker contributes to the 401K Plan, the Employer will concurrently contributean equal amount up to a maximum of one percent (1%) of the worker's gross wages. Employeeselecting to make contributions to the 401K Plan are eligible to participate after completion of theirprobationary period and the next Open Enrollment Period thereafter.10.0MEAL AND REST PERIODS10.1Meal and Rest PeriodsMeals and rest breaks will be scheduled in conformance to State labor law. Following areguidelines for scheduling rest breaks and lunches:(a)A paid fifteen (15) minute rest break for each four (4) hours worked will be made available.(b)If an employee works more than five (5) hours and up to eight (8) hours, he/she is requiredto take a thirty minute (30) lunch break. It is Community Bridges policy that lunch breaksbe paid.Hours ScheduledRest PeriodsRequired10.21 to 3.500Over 3.5 to 510Over 5 to 611Over 6 to 921Lunch BreaksRequiredWorkers shall be able to take their breaks in an area away from the Agency'sclients. Being required to serve meals to and eat with c
SEIU shall provide to Community Bridges a dues schedule. SEIU shall notify Community Bridges thirty (30) days in advance of any changes to the dues fee schedule. 22.332.3 Status ReportsStatus Reports Community Bridges shall provide quarterly dues deductions status reports, and monthly termination/new hire member reports to SEIU.