Mark your Calendar:
All meetings at BOSS office at 1918 University Avenue, Berkeley at 6:00 P.M.
o July 14, 2025
o October 13, 2025
https://oaklandside.org/2025/06/04/wood-street-boss-shelters-closing-oakland-confusion/
Oaklandside
Confusion and false alarm as West Oakland homeless shelters close
BOSS, which operates the Wood Street cabins and RV park, pulled out a month early.
by Natalie Orenstein June 4, 2025, 11:37 a.m.
The Wood Street RV parking program and the Community Cabins shelter are closing June 30. Credit: Natalie Orenstein
The shelters were scheduled to close in December. Sorry, March. Nevermind, June. Well, make that May. Whoops — June was correct.
The city-funded RV park and “community cabins” on Wood Street, where dozens of unhoused people lived, are shutting down, that much is certain. But a conflict between the shelter operator and the city has repeatedly caused confusion around the timeline and the fate of the people living and working at the site.
Now, it’s clear that the shelters, which collectively had space for over 100 residents, will close for good at the end of the month. The city is preparing to return the West Oakland property back to the private owner it’s leased from. However, there are about 37 people still living there, according to the city.
Many of the residents have been connected to other shelters or housing, but some don’t know where they’ll go in a few weeks.
The uncertainty over the end date is linked to the city’s contract with Building Opportunities for Self-Sufficiency, or BOSS, the nonprofit that runs the neighboring RV and cabin shelters.
BOSS CEO Donald Frazier has repeatedly raised the alarm about money the city owes his organization. In March, he warned Oakland that the programs would have to shut down imminently if the nonprofit wasn’t made whole. At the time, he said the city owed BOSS around $1 million, including from the previous year.
When nothing changed, Frazier announced the closure to staff and residents at the shelter, causing widespread concern. But after meeting with the city, an agreement was reached to keep the programs running until June 30. BOSS and Oakland negotiated a significant increase in the monthly payment amount for the remainder of the contract, which the City Council approved in early May.
But that plan only lasted so long. In mid-May, Frazier told the city that BOSS would pull out a month early.
“We just could no longer provide services there without being paid for our services,” Frazier told The Oaklandside this week, after BOSS vacated the site. Waiting until the end of June would have meant “another month of carrying the cost of those programs” — around $400,000.
In a statement shared last week, city spokesperson Sean Maher said BOSS’ departure a month before the contract ended was unexpected.BOSS CEO Donald Frazier in 2024, speaking outside a trauma recovery center run by the organization. Credit: Estefany Gonzalez
“The City and its partners moved swiftly to identify and offer options for the affected residents to meet this urgent need,” Maher said. Oakland will provide “short-term emergency support” now that BOSS’ workforce is abruptly gone.
He said BOSS’ invoices for January and February “have been processed for payment,” while the organization hasn’t submitted complete invoices for the following months yet.
Frazier called that reasoning “gobbledygook,” saying whether or not his invoices have been “processed,” he hasn’t seen the money. The city did not respond to a follow-up question clarifying the exact status of the January and February funds.
The evolving timeline feels like whiplash to shelter residents and staff
On May 29, some were startled to find signs posted on the property that said “Attention: 24 Notice. Trespassing. Please vacate the premises.” The printed signs have a BOSS logo in the corner.
Maher called the signs “erroneous” and said city workers were removing them.
Asked about the notices, Frazier said they weren’t on his radar and that he believed the city had posted them. He did not respond to a follow-up question. There are reports of unauthorized people living on the property, so it is possible the trespassing notices were intended for them, not the residents.
One remaining cabin resident said he’ll stay until he’s made to leave. Some people helped him acquire a trailer, but he doesn’t have anywhere to park it.
“All I want is someplace to go and where I can stay. I don’t expect the Taj Mahal,” he said. He asked not to be named out of fear of retaliation from the organizations working to secure housing for residents.
The man said he believes he was verbally offered a spot at a program where he’d have to share a tiny house or room with a stranger. As a veteran with PTSD, he said those circumstances would be untenable.
Like many of the other residents at the BOSS programs, he had previously been homeless on Wood Street until the city removed the large encampment in 2023. The RV program had been running for a couple of years at that point, but the cabin site was launched with state money that had been contingent on the closure of the encampment.
While many of his neighbors resisted transitioning to the shelter at the time, he didn’t.
“A lot of people were really anti-cabins,” the resident said. “I wasn’t. I liked the cabins. I didn’t have a problem with anything until the end.” He said he began to feel that “I can’t trust anything I’m told by these people,” referring to BOSS. There was frequent turnover in staff tasked with finding residents housing, and each one would come in making promises that never panned out, he said.
But the man said this cycle isn’t unique to BOSS’s shelters, but rather the norm at many programs he’s been part of in the East Bay and San Francisco.
The city, BOSS, and Alameda County have been meeting regularly for weeks, working to place residents in other shelters. At least 50 have been successfully moved, according to Maher.
“The City recognizes this is especially challenging for the residents in these programs, and is taking all available steps to make this transition as caring and supportive as possible,” he said.
In leaving the West Oakland programs, BOSS laid off about 15 workers, Frazier said. He found other placements within the organization for another 15 or so, he said.
The May pull-out was disruptive to the staff, who expected to have work until the contract ended June 30, said Christopher Graeber, a field rep with IUPAT Local 1991, the union that represents the shelter workers. The union believes BOSS hasn’t demonstrated compliance with contract requirements around seniority and layoffs, he told The Oaklandside.
BOSS and other nonprofit service providers are the “beneficiaries” of millions of dollars in homelessness contracts from local governments, Graeber said. “Then they come to us and say, ‘We’re broke.’”
Frazier emphasized that BOSS hasn’t seen multiple large payments it’s owed. Another month, or $400,000, of work possibly uncompensated, would “literally bring us down,” he said.
In 2023, BOSS reported $18.4 million in revenue and $17.9 million in expenses. As CEO, Frazier made $242,566 that year.
BOSS is one of the most active homeless service providers in the East Bay, where the organization also does violence prevention work and more. Frazier said he’d hold off on pursuing any new homelessness contracts with Oakland until current city leadership changes or the department handling those contracts staffs up.
Dear Dina,
The Union is very concerned about the new date BOSS is using to lay off the workers.
Three different dates. The first memo stated it could happen in March, then second, March 21, 2025 memo stated the City of Oakland agreed to extend the programs through 6/30/25. Then, an official email states May 31, 2025.
What happened, and where did the money go? Do we need to speak with the new Mayor Barbara Lee to determine if they are still funding the WSCC and RVSP?
The facts are all public.
Therefore, the Union demands a copy of the seniority list and demands to be present at any and all meetings with our members regarding layoffs.
In addition, the Union demands a full and complete list of all vacancies at the agency.
In addition to the workers at Wood Street, the very serious matter at Dignity Village has never been resolved. The Union has learned from officials' emails from the City of Alameda that BOSS informed BOSS months in advance that BOSS was not selected to remain at Dignity Village, Therefore, your email was completely false. Therefore, these workers are due at least two weeks of back pay.
Thanks
Chris
SECTION 21. SENIORITY: LAYOFFS AND RECALLS
21.1 Bargaining Unit Seniority
Seniority shall be defined as the total length of continuous service beginning with the employees first date of hire, into the bargaining unit. Seniority shall be considered in the case of promotions, layoffs, recall, and granting leave requests.
21.2 Seniority List
The Union has the right to be supplied with a complete “hire date” seniority roster of all bargaining unit employees as soon as feasible after the effective date, but not more than ninety (90) days, of ratification of this Agreement and upon request and within five (5) days of BOSS issuing layoff notices. The list shall indicate the employee’s present classification and job site.
21.3 Retention of Bargaining Unit Seniority
In the case of a bargaining unit employee that is promoted into a management position and remains in continuous employment, the employee will be able to return to the bargaining unit for up to eighteen (18) months and retain his/her bargaining unit seniority; however the time worked in the management position will not be counted towards the employee’s bargaining unit seniority.
In the event that the employee is layed off from a management position, the employee must first return to bargaining unit status before the employee is able to exercise their bumping rights. The employee shall only be able to bump into a vacant position.
21.4 Layoff Notice and Procedures
When, in the sole discretion of the Executive Director, it is necessary to reduce the hours of work or lay off employees due to lack of work or funds, the principle of seniority shall prevail, providing the remaining employees are able to perform the available work by virtue of prior experience or training and hold the minimum qualifications required for the job.
Employees shall have recall rights for eighteen (18) months and shall be recalled according to job classification. Every effort shall be made to find any alternatives to laying off employees. Such plan may contain options such as job sharing as a layoff alternative. BOSS shall notify both the Union and the affected employees, in writing, no less than thirty (30) days prior to the effective date of the layoff, unless there is an emergency which requires less than thirty (30) days’ notice. BOSS and the Union shall meet within fifteen (15) days following the receipt of any notices to review the proposed layoffs and review the order of layoff and the effects within the provisions of this Agreement. Any notice of layoffs shall specify the reason for layoff and identify by name and classification the employees designated for layoff. An employee with the least seniority within the class plus other classes shall be layed off first.
An employee layed off from his/her present class may bump into the next lowest class in which the employee has seniority. The employee may continue to bump into lower classes in which he/she has seniority to avoid layoff.
BOSS shall notify an employee whose position has been eliminated that he/she must elect one of the following options within ten (10) business days of receipt of notice:
a) the employee shall exercise bumping rights; or
b) the employee shall not exercise bumping rights.
Bumping rights shall include the following:
a) select a vacant position in the same classification;
b) displace a less senior employee from a remaining position in the same classification;
c) select, in another classification, a vacant position,
d) displace a less senior employee in lower classification.
If two (2) or more employees subject to layoff have equal class seniority, the determination as to who shall be layed off will be made on the basis of the skill and performance of the employee as determined by past performance evaluations.
An employee who elects a layoff in lieu of bumping maintains his/her recall rights under this Agreement.
All seasonal bargaining unit employees, who request temporary or on-call duty during their off months, shall be placed on the top of the temporary list and be given preference over regular temporary or on call workers for temporary assignments.
21.5 Recall from Layoff
An employee that has been layed off and recalled by BOSS within eighteen (18) months of the layoff, shall be entitled to, upon recall:
§ Restoration of one hundred percent (100%) of all sick leave credited to the employee's account at the time of layoff, and;
§ Credit for prior service for the purpose of determining vacation accrual rate, and;
§ Step-in-grade at the time of layoff.
Layed off employees are eligible for recall in the classification from which layed off, or in a lower classification, for an eighteen (18) month period and shall be recalled in the reverse order of layoff. Their recall shall take precedence over other employment in the classifications affected by said layoffs. An employee on a recall list shall be notified of promotional opportunities and other vacancies.
Any employee who is layed off and is subsequently eligible for recall shall be notified in writing by BOSS of any opening. Such notice shall be sent by mail to the last address given BOSS by the employee, and a copy of the letter or a list of affected employees shall be sent to the Union.
Employees shall be recalled in the highest rated job classification available in accordance with their classification seniority. Employees who accept a position lower than their highest former classification shall retain their original eighteen (18) month rights to the higher paid position.
Christopher Graeber, Field Representative, MSW
Local Union # 1991 -- District Council # 36
IUPAT - AFL-CIO
219 West Manchester Blvd #5
Inglewood, California 90301
Chris.Graeber@DC36.org
(626) 216-2791 Cell
(626) 584-1949 Fax
(626) 584-9925 DC 36 Office
Dear Brothers or Sisters,
The Union attempted to attend the BOSS Board of Directors meeting and without any notification to the public they canceled it.
Could the City of Berkeley do this? NO!!!
The Union will be informing the Government agencies of this action
The next will be July 14th
Please join us!!
The meeting will be
1918 8 University Ave Berkeley 94704
Let 's see if they cancel this meeting!!!
The Justice Department announced last week that it would terminate $811M in grants. Groups in Oakland stand to lose millions.
April 30, 2025, 9:46 a.m.Updated April 30, 2025, 10:19 p.m.
BOSS’ new trauma recovery center in deep East Oakland is one of the many services nationwide impacted by the Justice Department’s grant terminations. Credit: Estefany Gonzalez
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Violence prevention and intervention programs, resources for crime victims, opioid addiction treatment, and other public safety initiatives are being slashed in Oakland and Alameda County following an announcement last Tuesday by the U.S. Department of Justice that it is reducing $811 million in grants across the nation for community groups.
Locally, the funding cuts impact groups including Building Opportunities for Self-Sufficiency or BOSS, the National Institute for Criminal Justice Reform, Impact Justice, Phillips Black, Youth Alive, and The Working Group.
Reuters reported last week that 365 grants managed by the Justice Department’s Office of Justice Programs are on the chopping block, though a few grants for victims’ services were restored shortly after the initial notice.
The Office of Justice Programs told grant recipients that the money is being rescinded because they “no longer effectuate Department priorities,” according to emails reviewed by The Oaklandside.
The Justice Department, the notice read, instead plans to prioritize funding for “more directly supporting certain law enforcement operations, combatting violent crime, protecting American children, and supporting American victims of trafficking and sexual assault, and better coordinating law enforcement efforts at all levels of government.”
Grantees have 30 days from receiving the notice to appeal the decision, according to the notice.
The Oakland-based National Institute for Criminal Justice Reform — which works with law enforcement, correctional facilities, government agencies, and nonprofits across the country to create gun violence reduction strategies and improve outcomes for people involved in the criminal justice system — has four active federal grants totaling more than $5 million. Since some funds had already been distributed over the past three years, NICJR stands to lose about $3 million it would have received over the next one to three years, according to NICJR Executive Director David Muhammad.
“The irony is that the administration genuinely got this wrong,” Muhammad said. “These are grants that specifically improve public safety, and they do it in a way that’s not in conflict with this administration’s priorities.”
One of NICJR’s grants stemmed from the Bipartisan Safer Communities Act, a 2022 law that sought to protect communities nationwide from gun violence and was “cosponsored by not only Republicans, but also some serious Trump supporters,” said Muhammad.
The group’s other three grants support and expand NICJR’s youth development programs that, through intensive life coaching and other services, aim to reduce youth incarceration and recidivism.
While the termination notice came as a surprise to Muhammad and his team, he said NICJR has been planning for the possibility of federal funding cuts over the past few months and is now “implementing contingency plans,” including freezing new hires, seeking alternative funding sources, and drawing from their reserves.
“They’re using a chainsaw approach, not a scalpel approach,” Muhammad said, referring to the Trump administration. “If there was an honest review, none of these grants would have been eliminated.”
NICJR plans to appeal the terminations, but Muhammad said he thinks it is unlikely the government will change its mind.
BOSS — a Berkeley-based nonprofit that works to combat homelessness, mass incarceration, and community violence — was notified by the Justice Department that it will lose a $641,050 grant that was supposed to run through September. The funds, according to BOSS CEO Donald Frazier, were earmarked for mental health services and clinicians at the nonprofit’s new trauma recovery center in deep East Oakland.
“This is a devastating loss to the community,” Frazier said, calling the decision an act of “policy violence.”
Grants like these, he said, help BOSS serve community members who have lost a loved one to gun violence or are at risk of engaging in or falling victim to retaliatory violence.
“There are a lot of folks walking around with this trauma in their lives and not having an opportunity to work through it,” said Frazier, adding that the trauma has lasting ripple effects on families and communities.
BOSS plans to submit an appeal to the Justice Department in the coming days, Frazier said.
The federal government also terminated more than $8 million in grants for Impact Justice, a national nonprofit and research center based in Oakland that works to reduce the number of people involved in the criminal legal system, improve conditions for incarcerated people, and expand job opportunities and housing for formerly incarcerated people.
About $4.5 million of the rescinded funds were allocated to the nonprofit’s Prison Rape Elimination Act Resource Center, which supports state and local agencies in preventing sexual assault in prisons, jails, and juvenile detention centers, according to Michela Bowman, vice president and senior project adviser for Impact Justice. The Prison Rape Elimination Act, which passed in 2003 with bipartisan support, established standards for eliminating sexual assault in local, state, and federal correctional facilities and provided resources and funding to protect incarcerated people from rape.
“The support that we’ve provided for so many years just got shut down overnight,” Bowman told The Oaklandside.
Bowman underscored that sexual abuse in prisons does not stay in those facilities. “That trauma impacts people’s ability to get their feet under them when they come out of correctional settings,” she said.
The organization also lost a $4 million grant for its National Housing Incubator program, which distributes funds to reentry housing projects that keep formerly incarcerated people from falling into homelessness.
Because of the cuts, Bowman said Impact Justice will have to lay off staff in the near future. When asked if the nonprofit will appeal the rescission, Bowman said it is “exploring its options.”
“The things that [the Trump administration] names as their priorities are not reflected in the decisions that they’re making,” she said.
The Justice Department also terminated a $2 million grant for Youth Alive, an Oakland-based nonprofit working to prevent and disrupt the cycle of gun violence and support homicide victims’ families.
In a statement emailed to The Oaklandside, Joseph Griffin, executive director of Youth Alive, wrote that without the funds, gun violence survivors “will be left alone to languish in hospital beds with no roadmap to recovery—just pain, fear, and retaliation.”
“Cuts like this say to our communities, ‘We don’t care about your healing, your progress, or your lives,’” Griffin added.
He said the decision to withdraw funding is particularly troubling with summer approaching. Research has shown that shootings and other types of violent crime tend to spike from May to September.
“We need our government to show up for our young people the way we do—every day, without fail,” Griffin wrote.
Phillips Black, an Oakland-based nonprofit law firm that serves people wrongfully convicted of crimes nationwide, declined an interview request. The Working Group did not respond in time for publication.
The Oaklandside reached out to the Justice Department for comment and has not heard back.
This story has been updated to include a statement from Youth Alive.
Local Union # 1991
District Council # 36, IUPAT - AFL-CIO
219 W. Manchester Blvd., Suite # 5
Inglewood, California 90301-4660
(626) 216-2791
April 18, 2025
Dina Mayfield, MBA, MSHR
Director of Shared Services
Building Opportunities for Self-Sufficiency
1918 University Avenue, Suite 2A
Berkeley, CA 94704
RE: Lay offs
Dear Dina,
It has come to the attention of the Union several workers may be laid off. I have enclosed below the provisions for layoff.
21.4 Layoff Notice and Procedures
Employees shall have recall rights for eighteen (18) months and shall be recalled according to job classification. Every effort shall be made to find any alternatives to laying off employees. Such plan may contain options such as job sharing as a layoff alternative. BOSS shall notify both the Union and the affected employees, in writing, no less than thirty (30) days prior to the effective date of the layoff, unless there is an emergency which requires less than thirty (30) days’ notice. BOSS and the Union shall meet within fifteen (15) days following the receipt of any notices to review the proposed layoffs and review the order of layoff and the effects within the provisions of this Agreement. Any notice of layoffs shall specify the reason for layoff and identify by name and classification the employees designated for layoff. An employee with the least seniority within the class plus other classes shall be layed off first.
Therefore, the Union requests a meeting as soon as possible. Please provide the Union with three dates and time for this meeting.
Sincerely,
Christopher Graeber
CC: Ana Hanson, Business Representative
Several RVs parked in a lot.
That was fast: a few days after a service provider announced the looming closure of two West Oakland shelters, the organization and the city reached an agreement to keep the programs open a little longer.
However, both shelters — the Wood Street “Community Cabins” and the RV “safe parking” site — will still see their final days soon. The programs, which house dozens of homeless people, will shut down June 30.Ad
Building Opportunities for Self-Sufficiency, or BOSS, had announced last week that it would be forced to close the shelters on March 31. BOSS has contracts with the city to run both programs and said it had been missing payments from Oakland for months.The announcement caught residents by surprise and raised questions about whether the city and nonprofit would be able to find new spots for them in other shelters or transitional housing on such a short timeline.
“The city of Oakland is making us homeless again,” said a group of former Wood Street cabin residents in a press release. They argued for the property to become a “self-governed sanctuary community” run by unhoused people.
Donald Frazier, the executive director of BOSS, told The Oaklandside last week that he’d long pressed the city to issue the back pay. And the money he was told was available for continued operations — $900,000 — would only cover through March, he said.t on Watch
Oakland officials are currently scouring their budget for savings and anticipating having to make more painful budget cuts because of a looming $265 million deficit.
But Frazier and the city ended up meeting Friday and hashed out a plan to keep the programs running through June 30. The summer closure date is necessary because Oakland’s lease with the private land owner is ending, according to the city.
“Solutions are in swift development to bring the City’s outstanding payments to BOSS up to current, as well as identifying solutions to support the programs’ operations to the end of June,” city spokesperson Sean Maher said in a statement sent to The Oaklandside Friday.
“This will allow critical time for identifying options for the residents currently being served by both programs,” he wrote. He said those options are still being worked out.
Frazier said the city was “very gracious” in the meeting Friday, and indicated that other funds had been identified to complete the contract.
“The issue for us is always, let’s get to work and solve the problem. I don’t need a lot of ‘I’m sorry’s,” he said. “We got it straightened out and we’re extremely satisfied.”
Frazier said BOSS is revoking layoff notices it issued to shelter staff last week, but is telling them they’ll have to find new work after June.
According to the city, Oakland’s lease with the private property owner for the Wood Street lots ends at the end of 2025, and staff estimate it will take several months to repair and clean the sites.
The elimination of the dozens of shelter beds and RV parking spots will be a blow for vulnerable people in Oakland, where there are thousands more homeless residents than places to house them. Frazier said BOSS has a contract with Alameda County to open a new, smaller shelter in an old hotel downtown.
Dear Brother or Sister,
The Union is planning to attend this meeting. We want the BOSS Board of Directors to understand the workers' concerns directly. Please join us!!
1918 University Ave, Berkeley 94704
BOSS Properties
Service Locations FY2024/2025
BERKELEY PROPERTIES/SERVICE LOCATIONS
1. Administration Offices, 1918 University Avenue, Berkeley, CA 94704 o Executive Offices, Finance, Human Resources, Operations, Quality Assurance, Compliance, Development o Representative Payee Community Programs
2. Ursula Sherman Village, 711 Harrison Street, Berkeley, CA - o Shelter (Singles and Families) o 50 Single Beds o 48 Families Beds
3. McKinley House, 2111 McKinley Ave., Berkeley, CA 94704 - o Permanent Supportive Housing o 6 Units
OAKLAND PROPERTIES/SERVICE LOCATIONS
4. Rosa Parks, 521 West Grand Avenue, Oakland, CA o Permanent Supportive Housing o 9 Units
5. Casa Maria Safe Haven, 2280 San Pablo Avenue, Oakland, CA o Interim Housing o 17 Units
6. BHBH Interim Housing @ Washington Inn, 495 10th Street, Oakland, CA o 44 Units
7. 7894 Ney Avenue, Oakland, CA o Women and Children’s Reentry Campus o 18 beds
8. Eastmont Town Center, 7200 Bancroft Ave., Oakland, CA (Suite 275) o Career Training, Employment, Education & Housing Center ○ Community Violence Intervention ○ Behavioral Health
9. Trauma Recovery Center, 7501 East 14th, Oakland, CA o Psychiatric, psychological and clinical case management services to survivors of violence
HAYWARD PROPERTIES/SERVICE LOCATIONS
10. Meekland, 21757 Meekland Ave., Hayward, CA 94541 – Cherryland Unincorporated Community o Permanent Supportive Housing o 15 Units
11. Pacheco Court, 720-732 Bartlett Ave., Hayward, CA – Hayward Acres Unincorporated Community o Permanent Supportive Housing o 10 Units
12. South County Homeless Project, 258 A Street, Hayward, CA o Shelter
o 24 Beds
SAN LEANDRO PROPERTIES/SERVICE LOCATIONS
13. Caesar Chavez House, 1311 San Leandro Blvd., San Leandro o CalAIM Housing Community Supports/PATH/S+C
Donald Frazier CEO Salary
Salary Other Total Comp
2023 $242,566 $11,814 $254,380
2022 $211,761 $10,861 $222,622
2021 $210,713 $11,097 $221,810
2020 $200,135 $7,298 $207,433
2019 $178,127 $7,087 $185,214
2018 $167,048 $12,000 $179,048
2017 $173,411 $16,519 $189,930
2016 $143,589 $12,217 $155,806
2015 $139,624 $8,990 $148,614
2014 $106,845 $6,408 $113,253
2013 $96,770 $0 $96,770
Negotiations:
The Union submits the following Information requests to BOSS.
1. The Union requests the latest BOSS annual budget, including details of all categories.
2. The Union requests the presentation regarding the agency budget presented and provided at the BOSS Board of Directors at the September 16, 2024, Board meeting.
3. The Union requests the current salary of all employees with their job titles.
4. What is a one (1%) percent raise for bargaining unit workers equal?
5. The Union requests a complete list of all workers employed by BOSS.
6. The Union requests to bargain on the salary of the new MSW Clinical Case Manager position.
7. The Union requests the complete list of all the funders with a copy of each specific grant.
8. The union also requests a complete printout, including the budget of every grant received.
9. The Union requests all public sector funding, with the funding amount provided and detailed amounts.
10. With every funding source, the complete amount is allotted to the agency.
11. A list of all “on call” workers, with their position and how long they have been in the position, and why they are in the position.
Dignity Village
Stay toned to this site
Berkeley, CA
Tax-exempt since Nov. 1975 EIN: 51-0173390
Organization summary
Designated as a 501(c)(3) Organizations for any of the following purposes: religious, educational, charitable, scientific, literary, testing for public safety, fostering national or international amateur sports competition (as long as it doesn't provide athletic facilities or equipment), or the prevention of cruelty to children or animals.
Category: Housing, Shelter / Homeless, Temporary Shelter For (NTEE)
Donations to this organization are tax deductible.
Revenue $18.4M (2023) 20112023 $0$5M$10M$15M$20M
Expenses $17.9M (2023) 20112023 $0$5M$10M$15M$20M
Total Assets $11.3M (2023) 20112023 $0$2M$4M$6M$8M$10M$12M
Total Liabilities $10.2M (2023) 20112023 $0$2M$4M$6M$8M$10M$12M
Source: Form 990 tax filings from 2011 to 2023
Tax Filings and Audits by Year
Form 990 is an information return that most organizations claiming federal tax-exempt status must file yearly with the IRS.
Audits are required to be submitted by nonprofit organizations that spend $750,000 or more in federal grant money in a fiscal year.
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $18,387,072 Expenses $17,942,513 Net Income $444,559 Net Assets $1,038,246
Notable Sources of Revenue
Contributions $18,304,675 99.6% Program Services $82,397 0.4%
Notable Expenses
Executive Compensation $398,643 2.2%
Professional Fundraising Fees $0
Other Salaries and Wages $7,771,725 43.3%
Assets/Debt
Total Assets $11,263,305 Total Liabilities $10,225,059 Net Assets $1,038,246
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Ceo) $242,566
$11,814 Melvin Cowan (Coo) $134,167
$10,096ocument Links
Filed on May 14, 2024
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Audits Audit for a nonprofit that spends $750,000+ in federal grant money in a fiscal year
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $15,313,227 Expenses $14,802,512 Net Income $510,715
Net Assets $593,687 Notable Sources of Revenue Percent of Total Revenue
Contributions
$15,203,871 99.3%
Program Services $109,356 0.7%
Notable Expenses Percent of Total Expenses
Executive Compensation
$365,536. 5%
Professional Fundraising Fees $0
Other Salaries and Wages $5,954,371 40.2%
Assets/Debt
Total Assets $10,351,613
Total Liabilities $9,757,926
Net Assets $593,687
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Ceo)
$211,761
Melvin Cowan (Coo)
$133,635 $0 $9,279
Document Links
990
Filed on May 15, 2023
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Audits
Audit for a nonprofit that spends $750,000+ in federal grant money in a fiscal year
Extracted Financial Data from Form 990
Revenue $11,844,747 Expenses $11,057,687 Net Income $787,060 Net Assets $82,972
Notable Sources of Revenue Percent of Total Revenue
Contributions $11,265,343 95.1% Program Services $80,849 0.7% Other Revenue $498,555 4.2%
Notable Expenses Percent of Total Expenses
Executive Compensation $545,786 4.9%
Other Salaries and Wages 3,284,277 29.7%
Assets/Debt
Total Assets $8,821,046 Total Liabilities $8,738,074 Net Assets $82,972
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Executive Director)
$210,713
990
Filed on May 11, 2022
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Audits Audit for a nonprofit that spends $750,000+ in federal grant money in a fiscal year
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $7,982,933 Expenses $8,215,242 Net Income -$232,309 Net Assets $55,118
Notable Sources of Revenue Percent of Total Revenue
Contributions $7,769,711 97.3%
Program Services $118,226 1.5%
Other Revenue $94,996 1.2%
Notable Expenses Percent of Total Expenses
Executive Compensation $348,327 4.2%
Other Salaries and Wages $3,478,911 42.3%
Assets/Debt
Total Assets $7,272,160 Total Liabilities $7,217,042 Net Assets $55,118
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Executive Director) $200,135
Document Links
990
Filed on May 10, 2021
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Extracted Financial Data Extracted Financial Data from Form 990
Revenue $8,053,701 Expenses $8,018,908 Net Income $34,793 Net Assets $276,067
Notable Sources of Revenue Percent of Total Revenue
Contributions $7,822,059 97.1%
Program Services $205,827 2.6%
Investment Income $38 0.0%
Other Revenue $25,777 0.3%
Notable Expenses Percent of Total Expenses
Executive Compensation $196,827 2.5%
Professional Fundraising Fees $0
Other Salaries and Wages $3,217,091 40.1%
Assets/Debt
Total Assets $6,049,703
Total Liabilities $5,773,636
Net Assets $276,067
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Executive Director)
$178,127
$7,087Document Links
990
Filed on March 24, 2020
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $7,760,021
Expenses $7,542,592
Net Income $217,429
Net Assets $241,274
Notable Sources of Revenue Percent of Total Revenue
Contributions $7,118,661 91.7%
Program Services $205,827 2.7%
Investment Income $111
Other Revenue $435,422 5.6%
Notable Expenses Percent of Total Expenses
Executive Compensation $0
Professional Fundraising Fees $0
Other Salaries and Wages $3,435,005 45.5%
Assets/Debt
Total Assets $6,354,019
Total Liabilities $6,112,745
Net Assets $241,274
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Ceo) $167,048
Document Links
990
Filed on May 13, 2019
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $7,153,150
Expenses $7,111,052
Net Income $42,098
Net Assets $23,845
Notable Sources of Revenue Percent of Total Revenue
Contributions $6,311,882 88.2%
Program Services $157,406 2.2%
Net Inventory Sales $0
Other Revenue $683,613 9.6%
Notable Expenses Percent of Total Expenses
Executive Compensation $0
Professional Fundraising Fees $0
Other Salaries and Wages $3,738,841 52.6%
Assets/Debt
Total Assets $6,114,495
Total Liabilities $6,090,650
Net Assets $23,845
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Ceo) $173,411
990
Filed on May 4, 2018
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $7,670,818
Expenses $7,877,444
Net Income -$206,626
Net Assets -$18,253
Notable Sources of Revenue Percent of Total Revenue
Contributions $7,571,209 98.7%
Program Services $94,543 1.2%
Investment Income $4,301 0.1%
Other Revenue $765 0.0%
Notable Expenses Percent of Total Expenses
Executive Compensation $0
Professional Fundraising Fees $0
Other Salaries and Wages $4,580,019 58.1%
Total Assets $6,581,566
Total Liabilities $6,599,819
Net Assets -$18,253
Compensation Key Employees and Officers
Compensation Related Other
Donald Frazier (Ceo) $143,589
990
Filed on May 10, 2017
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $6,274,497
Expenses $6,052,591
Net Income $221,906
Net Assets $188,373
Contributions $5,962,915 95.0%
Program Services $213,205 3.4%
Investment Income $111
Net Inventory Sales $0
Other Revenue $98,266 1.6%
Notable Expenses Percent of Total Expenses
Executive Compensation $0
Professional Fundraising Fees 0
Other Salaries and Wages $3,377,702 55.8%
Assets/Debt
Total Assets $6,683,195
Total Liabilities $6,494,822
Net Assets $188,373
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Ceo) $139,624
990
Filed on May 3, 2016
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $5,759,413
Expenses $5,884,900
Net Income -$125,487
Net Assets -$33,533
Notable Sources of Revenue Percent of Total Revenue
Contributions $5,397,524 93.7%
Program Services $236,797 4.1%
Investment Income $1060.0%
Net Inventory Sales $0
Other Revenue $124,986 2.2%
Notable Expenses Percent of Total Expenses
Executive Compensation $0
Professional Fundraising Fees $0
Other Salaries and Wages $3,495,203 59.4%
Assets/Debt
Total Assets $6,389,466
Total Liabilities $6,422,999
Net Assets -$33,533
Compensation
Key Employees and Officers Compensation Related Other
Donald Frazier (Ceo) $106,845
990
Filed on Feb. 4, 2015
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $5,814,800
Expenses $5,872,441
Net Income -$57,641
Net Assets $91,954 Notable Sources of Revenue
Percent of Total Revenue
Contributions $5,439,472 93.5%
Program Services $375,209 6.5%
Investment Income $119
Executive Compensation $0
Professional Fundraising Fees $0
Other Salaries and Wages $3,326,714 56.6%
Assets/Debt
Total Assets $6,221,311
Total Liabilities $6,129,357
Net Assets $91,954
Document Links
990
Filed on March 18, 2014
Primary tax return for a nonprofit’s activities, finances, and governance
Schedules ▼
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $5,422,456
Expenses $5,959,785
Net Income -$537,329
Net Assets -$1,571,406
Notable Sources of Revenue Percent of Total Revenue
Contributions $5,080,886 93.7%
Program Services $252,075 4.6%
Investment Income $243 0.0%
Net Fundraising $89,252 1.6%
Notable Expenses Percent of Total Expenses
Executive Compensation $110,250 1.8%
Professional Fundraising Fees $0
Other Salaries and Wages $3,219,161 54.0%
Assets/Debt
Total Assets $5,028,743
Total Liabilities $6,600,149
Net Assets -$1,571,406
document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
Extracted Financial Data
Extracted Financial Data from Form 990
Revenue $6,135,153
Expenses $6,589,658
Net Income -$454,505
Net Assets -$1,034,077
Notable Sources of Revenue Percent of Total Revenue
Contributions $5,179,869 84.4%
Program Services $853,738 13.9%
Investment Income $614 0.0%
Net Fundraising $100,932 1.6%
Notable Expenses Percent of Total Expenses
Executive Compensation $124,638 1.9%
Professional Fundraising Fees $0
Other Salaries and Wages $3,325,555 50.5%
Assets/Debt
Total Assets 5,137,869
Total Liabilities 6,171,946
Net Assets -$1,034,077
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download.
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download.
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download.
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download.
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download.
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download.
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download.
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
No Extracted Financial Data
Extracted financial data is not available for the forms filed in this tax period, but Form 990 documents are available for download.
Document Links
990
Primary tax return for a nonprofit’s activities, finances, and governance
Nonprofit Explorer includes summary data for nonprofit tax returns and full Form 990 documents, in both PDF and digital formats.
The summary data contains information processed by the IRS during the 2012-2019 calendar years; this generally consists of filings for the 2011-2018 fiscal years, but may include older records. This data release includes only a subset of what can be found in the full Form 990s.
In addition to the raw summary data, we link to PDFs and digital copies of full Form 990 documents wherever possible. This consists of separate releases by the IRS of Form 990 documents processed by the agency, which we update regularly.
We also link to copies of audits nonprofit organizations that spent $750,000 or more in Federal grant money in a single fiscal year since 2016. These audits are copied from the Federal Audit Clearinghou
Report from the BOSS Board of Directors meeting September 16, 2024
The Union attended the BOSS board meeting.
They were surprised to see us at the meeting. We found some interesting facts about BOSS and their budget.
And now they know we are watching them. The Union will inform you of the meeting so you can attend.
Building Opportunities for Self-Sufficiency (BOSS) website
Donald Frazier, Executive Director
This is the second shooting this year at the Ursula Sherman Village shelter, also called Harrison House, where a man was wounded in January.
Aug. 27, 2024, 2:43 p.m.Updated Aug. 27, 2024, 3:05 p.m.
Click to email a link to a friend (Opens in new window)
City police are investigating a homicide at a Northwest Berkeley shelter on Aug. 25, 2024. Credit: Kelly Sullivan
Alameda County District Attorney’s Office has charged a 62-year-old man in the fatal shooting at the Northwest Berkeley shelter, according to Berkeley police.
Mark Christopher Dowling has been charged with murder in the shooting death. He has no known address.
At about 5:30 p.m. on Sunday, police responded to a shooting at Ursula Sherman Village, where they found a 37-year-old man with multiple bullet wounds.
Police did not say how they identified Dowling as the suspect in a news release about the arrest Tuesday.
Officers located Dowling parked in his vehicle near Fourth and Camelia streets Monday and arrested him without further incident. Police found several guns as well as ammunition when they searched his vehicle.
The Berkeley Police Department is investigating the city’s fourth homicide of 2024 after a fatal shooting in Northwest Berkeley Sunday evening.
Officers went to the Ursula Sherman Village shelter, also called Harrison House, near Harrison and Fourth streets just before 5:30 p.m. to investigate a report of a shooting there, Berkeley police spokesperson Officer Jessica Perry said in an email.
When officers and Berkeley Fire Department personnel arrived they found one shooting victim “and began lifesaving efforts,” Perry said. “Unfortunately, despite medical aid, the victim succumbed to their injuries and was pronounced deceased at the scene.”
Police did not immediately provide any further details about the victim. Authorities were still at the scene investigating around 8 p.m., Perry said.
In addition to being the city’s fourth homicide — third by firearm — it is also the second shooting at the shelter this year.
On January 7, the police and fire departments went to the shelter shortly before 6 a.m. to investigate a shooting there. Officers provided first aid at the scene until medics could take the victim, who was shot several times in the legs but survived, to a local hospital.
There was no information available Sunday as to whether there were any connection between the January shooting and Sunday’s homicide, other than the location.
The killing Sunday was nine days after the city’s most recent homicide, which happened Aug. 16 on the 3200 block of Adeline Street in South Berkeley.
Negotiations Report #2
Your Union and BOSS management held another negotiation session. The Federal Mediator was present.
The Union reviewed the list of 44 grants BOSS received in 2022-23. The total amount is $15,854,507.
That is probably more than BOSS has ever had. !!!
With all that money guess what their proposal is!!!
BOSS’ proposal for negotiations for wages was zero.
The Agency has seen the latest growth in years and their proposal to the hard working staff was nothing.
The Union will be requesting each and every grant that BOSS received.
In addition, the budget of BOSS.
It is amazing with all these budget problems, Donal Frazier keeps getting large raises.
16% this year.
the Union is also planning to get active to show the public what is really happening at BOSS.
Save this date,
September 16, 2024
Time: 6:00 P.M.
Location:
What: BOSS Board of Directors Meeting
We need all BOSS members to attend.
Tell the Board of Directors that we deserve a raise
NEGOTIATIONS
This is the first report on negotiations with a Federal Mediator from (FMSC) of the United States government. The Union has been negotiating for a few years with BOSS management then with no success and we asked for the assistance of the Mediation service of the Federal government.
A first meeting was held with BOSS managers, Donald Frazier ,and other BOSS senior staff; and Local Union 1991. BOSS has not given a cost of living raise in years.
While fast food workers are being paid $20.00 per hour, BOSS employees who deal directly with people experiencing homelessness have not received a raise in years.
The main issue your wages!!
BOSS has grown over the past years, mainly due to the homelessness problem. There budget has increased tenfold.
The Executive Director, Donald Frazier received a huge raise putting this salary at $242,566 as of 2023 while the Mayor of Berkeley receives a salary of $128,000.
Check out the 990 Report for 2022 (click the link to see the report(This is the latest form)
DONALD FRAZER $$$ 242,566.00
That is about a 16.9% raise.
Equals about a $36,390 raise
Check out the 990 Report for 2021
DONALD FRAZIER $211,761.00
BOSS/Union Contract 2020-23
By Ruben Vives (LA Times 5/15/23
Front-line workers essential to solving Los Angeles County’s homelessness crisis do not make enough money to afford housing themselves, leading to burnout and high turnover, a new report has found.
Researchers with Rand Corp., the nonpartisan think tank that published the report on Wednesday, estimate that the workers need to make $64,000 annually to afford a one-bedroom apartment, or $82,000 for a two-bedroom. Instead, they make about $40,000 to $60,000, spending a large portion of their income on rent, with little left for other necessities.
According to the study, the low pay places financial, emotional and health burdens on workers already facing hazardous and stressful conditions. They eventually leave for other careers, creating staffing shortages that affect the quality of care for people experiencing homelessness.
The report focuses mostly on homeless services workers at nonprofits, who perform a broad range of jobs, from case management to outreach, helping to connect people experiencing homelessness with housing, health services, food assistance and job training.
In L.A. County, high rents and other cost-of-living increases have fueled demands for better wages across industries, including at the Los Angeles Unified School District, where custodians, teachers aides and others went on strike for three days before winning raises of about 30% or more for the lowest-paid workers.
A year ago, Heidi Marston resigned as chief executive of Los Angeles Homeless Services Authority after giving raises to her lowest-paid staffers without approval from the commission that oversees the agency. In her resignation letter, Marston said LAHSA employees were making as little as $33,000, leading to high turnover. In March 2021, she increased the annual salaries of 196 employees to $50,000 while freezing the compensation of the 10 highest-paid staffers.
Va Lecia Adams Kellum, the new head of LAHSA, makes $430,000 a year, according to agency documents.
In a written statement, Kellum said the report confirms that inadequate compensation for staffers will lead to worse outcomes for unhoused people. She said LAHSA is working with federal, state and local partners to develop more flexible funding models that will allow for higher pay.
“This is lifesaving work, and we must ensure that staff who are out every day working to solve homelessness can earn a fair living,” she said.
Christine Margiotta, executive director of the nonprofit Social Justice Partners LA, which commissioned the study, said the low wages disproportionately affect Black and Latino homeless outreach workers.
“We’ve invested billions in housing and services, but if we don’t invest in our workforce, we are perpetuating the problem itself,” she said. “This is an opportunity to bring our workplaces more in alignment with our values, to acknowledge that these wage inequities are a product of centuries of worker exploitation, particularly for Black and Latinx workers, on whose backs this work was built.”
As a case manager at the nonprofit Housing Works, Michael Centeno helps clients find supportive services or programs, sometimes acting as a caretaker to ensure that they don’t fall back to the streets after they’re housed. Centeno earns less than $45,000 and has struggled to find a decent place to live for three years. He became so desperate that he took a pay cut in order to qualify for subsidized housing.
“Still, I was denied, and it was heartbreaking.” he said. “I’m trying to do everything I can, even taking a pay cut, even possibly quitting a place I want to be at, where I see a lot of growth in the future.”
Centeno said he shares a six-bedroom home with 11 other people and is not allowed to have visitors. He has to find somewhere else to meet with his 10-year-old daughter.
“I feel bad that I don’t have a place I can bring my daughter to,” he said.
Celina Alvarez, executive director of Housing Works, said Centeno’s story is common among the 51 workers in her organization. She said some employees take public transportation because they can’t afford a car. Some commute from as far as the Inland Empire because they’re able to afford housing there.
“It saddens me, it disgusts me and disheartens me,” Alvarez said. “How is it possible that we can be OK with a system where these workers are doing first- responder type work every day and experiencing high levels of vicarious trauma, and they’re unable to have [housing] stability themselves?”
More than 200 nonprofit organizations operate in the homeless response sector in L.A. County, employing about 8,000 people, according to the report.
Researchers collected data on local rents from the Department of Housing and Urban Development while using job postings to gauge salaries.
The low wages often stem from outdated cost estimates and insufficient funding from public or private organizations, as well as government agencies, the report found.
Despite the 2017 approval of the Measure H local sales-tax hike to fund homelessness programs, nonprofit leaders don’t receive enough government funding to raise wages, they told the researchers.
Jennifer Hark Dietz, executive director of People Assisting the Homeless, said government contracts often include restrictions such as how many clients each caseworker should have, as well as reimbursement rates that make it hard to increase pay and retain and hire employees.
“It doesn’t allow us to really pay for the front-line staff who are the most critical part of the work we do,” Dietz said. “They’re the direct connection to services and all of our initiatives.”
The report makes a series of recommendations, including that government and philanthropic organizations fund the full cost of services and that contracts include cost-of-living raises for workers.
What is the minimum wage in California? Effective January 1, 2024, the minimum wage is $16.00 per hour for all employers.
Published: Mar 16, 2023
After meeting with the Governor late last year, local jurisdictions have set new, more ambitious homelessness reduction goals and may now access $1 billion through round four of state grant program
State is delivering 1,200 small homes to Los Angeles, San Diego County, San Jose and Sacramento to provide safe, interim housing for people experiencing homelessness
Those living in encampments will be prioritized for these new units by the local governments operating the homes and providing services
SACRAMENTO – Today in Sacramento, Governor Gavin Newsom joined state and local leaders, First Partner Jennifer Siebel Newsom, advocates and other partners to announce the release of $1 billion in Homeless Housing, Assistance and Prevention (HHAP) Round 4 funding to support communities across the state stepping up their work to reduce homelessness.
Last year, Governor Newsom paused this funding to local governments and demanded greater ambition when they collectively proposed only a 2 percent reduction in unsheltered homelessness. Local governments have since revised their homelessness plans, now targeting a 15 percent reduction in homelessness statewide by 2025.
Additionally, the Governor today announced the state’s largest mobilization of small homes to serve people experiencing homelessness, especially those living in encampments. The California National Guard will assist in the preparation and delivery of 1,200 small homes to Los Angeles, San Diego County, San Jose and Sacramento, free of charge and ready for occupancy.
WHAT GOVERNOR NEWSOM SAID: “In California, we are using every tool in our toolbox – including the largest-ever deployment of small homes in the state – to move people off the streets and into housing. The crisis of homelessness will never be solved without first solving the crisis of housing – the two issues are inextricably linked. We are tackling this issue at the root of the problem by addressing the need to create more housing, faster in California.”
WHY THIS MATTERS: Governor Newsom is challenging the status quo and implementing new approaches to solve the dual crises of housing and homelessness, with a focus on greater accountability. Small homes are cost-effective and can be quickly deployed to move people from homeless encampments into housing.
Locations for placement of these small homes will be the responsibility of local jurisdictions. However, when needed and when available, the state will provide surplus land to use as an option for small homes. Local governments will own the units and provide all services, including recruiting residents, leveraging previously provided state funding. The following communities are set to receive small homes:
Los Angeles: 500 units
Sacramento: 350 units
San Jose: 200 units
San Diego County: 150 units
“Thank you to Governor Gavin Newsom for being innovative in his approach and a great partner in this effort. No one body of government will solve homelessness alone, and it will take local, state, and federal partnerships to ensure that we are collectively addressing this humanitarian crisis,” said Supervisor Nora Vargas, Chairwoman of the San Diego County Board of Supervisors. “These small homes are one important step to solving a bigger problem and will provide shelter and access to resources for our unhoused residents in San Diego County. Our Board is committed to prioritizing transformative policies to ensure our families, children, veterans, and seniors experiencing homelessness have a roof over their heads.”
“All different types of housing — small homes, motels, hotels, and more — are needed to urgently confront this crisis,” said Los Angeles Mayor Karen Bass. “This housing will help us bring more people inside, which is what our city needs right now. Thank you Governor Newsom for locking arms with Los Angeles.”
“The magnitude of the homelessness crisis in California requires a coordinated response by all levels of government, and I commend Governor Newsom’s ongoing commitment to partnering with cities and counties,” said Sacramento Mayor Darrell Steinberg. “The addition of these small homes will get us one step closer to having the supply of emergency housing actually required to humanely clean up our streets.”
“We have a moral obligation to take urgent action to reduce the human suffering on our streets,” said San Jose Mayor Matt Mahan. “This mass mobilization of small homes accelerates the innovative approaches needed to solve our state’s homelessness crisis. As Mayor of San Jose, I am challenging our city to move 1,000 unsheltered neighbors out of unmanaged encampments and into safer alternatives by the end of this calendar year. This initiative will help us get there.”
The addition of small homes is another tool the state is using to create more housing, faster in California. Since taking office, Governor Newsom has signed over 70 bills to kick-start and streamline the building process, including 20 CEQA reform measures.
Along with an unprecedented $15.3 billion investment, Governor Newsom has demanded more accountability at the local level when it comes to addressing housing and homelessness. The Administration has focused on working with local jurisdictions to meet their housing requirements, clean up encampments and get more vulnerable Californians off the streets and into housing.
July 1, 2020 through June 30, 2023
___________________________________________________________________________
BOSS/Local 1991 MOU 2020-2023
Table of Contents
SECTION 1. RECOGNITION /UNION SECURITY. 1
1.1 Recognition. 1
1.2 Union Security. 1
1.3 Bargaining Unit Classifications. 1
1.4 Types of Employees. 2
SECTION 2. UNION MEMBERSHIP. 2
2.1 Agency Shop/Maintenance of Membership. 2
2.1.1 Hold Harmless. 3
SECTION 3. UNION BUSINESS. 3
3.1 Union Representative Visit 3
3.2 Union Stewards. 3
3.3 Bulletin Boards/Employee Union Notices. 3
3.4 Employee Information. 3
3.4.1 New Hires. 3
3.4.2 Vacant Positions. 4
3.5 Distribution of Agreement 4
3.6 New Employee Orientation. 4
3.7 Notice of BOSS Board Meetings. 4
SECTION 4. PERSONNEL FILES. 4
4.1 Annual Review of Personnel File. 5
SECTION 5. NO DISCRIMINATION. 5
SECTION 6. PROBATION. 5
SECTION 7. SUPERVISION. 5
SECTION 8. PERFORMANCE EVALUATIONS. 6
SECTION 9. WAGES. 7
9.1 Minimum Salary Rate. 7
9.2 Anniversary Increment 7
9.3 Pay Upon Separation From Employment 7
9.4 Higher Classification Pay. 7
9.5 Shift Differential 7
9.6 Bilingual Pay. 7
9.7 Wage Schedule. 7
9.8 Paychecks. 7
SECTION 10. LABOR MANAGEMENT COMMITTEE. 8
10.1 Tax Deferred Annuity. 8
SECTION 11. HOURS OF WORK AND OVERTIME. 8
11.1 Hours of Work. 8
11.2 Work Schedules. 8
11.3 Transfers. 8
11.4 Work Weeks. 8
11.5 Overtime Hours. 9
11.6 Overtime Pay. 9
11.7 Staff Meeting. 9
11.8 Call Back Time. 9
11.9 Telephone Stand-By. 9
SECTION 12. HEALTH AND WELFARE INSURANCE BENEFITS. 9
12.1 Medical, Dental and Vision. 9
12.2 Workers’ Compensation Insurance. 9
12.3 IRS Section-125 Plan. 10
SECTION 13. VACATION. 10
13.1 Vacation Accrual 10
13.2 Vacation Pay. 10
13.3 Vacation Scheduling. 10
13.4 Holiday / Illness During Vacation. 11
13.5 Vacation Cash Out 11
13.6 Vacation Cap. 11
SECTION 14. HOLIDAYS / PERSONAL LEAVE. 11
14.1 Recognized Holidays. 11
14.2 Personal Day. 12
SECTION 15. SICK LEAVE. 12
15.1 Sick Leave Accrual 12
15.2 Sick Leave Use. 12
15.3 Minimum Sick Leave Use for Medical and Dental Appointments. 13
15.4 Sick Leave Use – Medical Certification. 13
15.5 Notice of Absence. 13
15.6 Integration with State Disability and Workers’ Compensation Insurance. 13
15.7 Sick Leave Use Reduction Incentive. 13
15.8 Short-Term Disability Insurance. 13
SECTION 16. BEREAVEMENT LEAVE. 14
SECTION 17. JURY DUTY. 14
SECTION 18. LEAVES OF ABSENCE. 14
18.1 Leave of Absence Without Pay. 14
18.2 Benefits During Leave of Absence Without Pay. 14
18.3 Return From Leave of Absence. 14
SECTION 19. JOB POSTING, HIRING and PROMOTIONS. 15
19.1 Notice of Vacant Positions. 15
19.2 Promotions and Transfers. 15
19.3 Reclassification. 15
SECTION 20. JOB DESCRIPTION. 16
SECTION 21. SENIORITY: LAYOFFS AND RECALLS. 16
21.1 Bargaining Unit Seniority. 16
21.2 Seniority List 16
21.3 Retention of Bargaining Unit Seniority. 16
21.4 Layoff Notice and Procedures. 16
21.5 Recall from Layoff 17
SECTION 22. DISCIPLINE, DISCHARGE SUSPENSION OR DEMOTION. 18
22.2 Discipline and Appeal 18
SECTION 23. ADJUSTMENT OF GRIEVANCES. 18
23.1 Grievance Definition. 18
23.2 Grievance Steps. 18
Step 1 (Informal Level): 18
Step 2 (Written Level): 18
Step 3 (Executive Director): 19
Step 4 (Arbitration): 19
SECTION 24. HEALTH and SAFETY. 20
SECTION 25. TUITION REIMBURSEMENT and TRAINING.. 20
SECTION 26 OTHER CONDITIONS. 20
26.1 Expense Reimbursement 20
SECTION 27. STAFF INPUT. 21
SECTION 28. MANAGEMENT RIGHTS. 21
SECTION 29. NO STRIKE -- NO LOCKOUTS. 21
SECTION 30. SAVINGS, SEPARABILITY AND MODIFICATION. 21
SECTION 31. INTEGRATION. 21
SECTION 32. TERM OF AGREEMENT. 22
APPENDIX A 23
Job Classifications and Wage Rate Schedule. 23
_________________________________________________________________________________________________________________
AGREEMENT
This Agreement is made and entered into this _______ day of, _____________2022 by and between BUILDING OPPORTUNITIES FOR SELF SUFFICIENCY, (hereinafter referred to as "BOSS") and , Local Union #1991, District Council #36, IUPAT, AFL-CIO (hereinafter referred to as "Union").
SECTION 1. RECOGNITION /UNION SECURITY
1.1 Recognition
BOSS recognizes the Union as the exclusive bargaining representative for all employees in the unit certified by the National Labor Relations Board in Case No. 32-RC-3677, to wit, all full-time and regular part-time employees, assigned to classifications identified in Appendix A, employed at BOSS's Berkeley, Oakland and Hayward facilities, excluding all guards, managerial employees and supervisors as defined in the National Labor Relations Act, as amended, and on call/relief employees and confidential employees. Also excluded are BOSS clients who are employed by BOSS through any program or training whose primary purpose is to assist homeless persons in returning to the workforce. Such BOSS program employment shall not exceed one hundred eighty (180) days unless extended by mutual agreement. If subsequently hired after this period, these individuals will be considered probationary employees and will serve the full probationary period.
1.2 Union Security
Bargaining unit work that constitutes the normal duties of regular employees on current payroll will not be removed and reassigned to non-bargaining unit members.
1.3 Bargaining Unit Classifications
Effective the first full pay period following Union ratification of the Agreement, BOSS will add a newly established classification, Senior Accountant, to the Bargaining Unit. The qualifications, duties, responsibilities and salary range for this position are described in the position description – ATTACHMENT 1. In addition, BOSS will return payroll processing to one of the current bargaining unit positions.
The parties agree that the addition of this position to the Bargaining Unit fully satisfies the disputed issues between the parties regarding the allocation of identified finance department work to the Bargaining Unit.
BOSS has the right to establish new classifications or modify existing classifications within the bargaining unit. Rates of pay for each such classification shall be subject to negotiation between BOSS and the Union. BOSS shall notify the Union prior to the establishment of any new classification or modification of an existing classification. All newly created classifications shall be assigned to the bargaining unit if the job descriptions describe duties performed by employees in the bargaining unit or which by the nature of the duties should reasonably be assigned to the bargaining unit. Any question regarding proper placement of a classification within or without the bargaining unit shall be subject to discussion between BOSS and the Union, but if voluntary agreement is not reached, all such questions shall be resolved through the unit clarification procedures of NLRB or may be resolved through mutual agreement through arbitration.
BOSS agrees that there shall not be any subcontracting which directly results in the lay-off of employees covered by this Agreement. Except in cases of emergency, or by mutual agreement, BOSS shall not engage its managers or supervisors in work primarily performed by members of the bargaining unit.
BOSS will not use a temporary or on-call worker for more than sixty (60) calendar days in a vacant position. BOSS will notify the Union regarding the appointment of temporary and hire of on-call workers. If the position is vacant due to an authorized leave of absence, the position may be filled by a temporary worker for up to one (1) year.
If a temporary employee who is not providing leave coverage for a regular employee is employed for more than three (3) months, the parties may meet to discuss the temporary employee’s on-going status.
1.4 Types of Employees
(A) Full-Time, Regular. Full-time, Regular employees are hired to fill regular positions which require forty (40) hours work per week and are eligible for full employee benefits.
(B) Part-time, Regular. Part-time, regular employees are hired to fill regular positions which require less than forty (40) hours work per week. Employees who regularly work at least twenty (20) hours, but less than forty (40) hours per week are eligible for full medical benefits.
Part-time employees who regularly work less than twenty (20) hours per week are not eligible for either medical or dental benefits but receive other benefits pro-rated according to the number of hours they are regularly scheduled to work.
(C) Probationary. Probationary employees are primarily regular employees in their first ninety (90) days of employment with the agency. Probationary employees are “at will” employees whose employment may be terminated at any time without recourse to the grievance procedure.
Temporary. Temporary employees are hired for a short term, not to exceed ninety (90) days.
Temporary employees are “at will” employees whose employment may be terminated at any time. Temporary employees are ineligible for benefits.
SECTION 2. UNION MEMBERSHIP
2.1 Agency Shop/Maintenance of Membership
As a condition of initial and continuing employment, all bargaining unit employees shall, on the thirty-first (31st) day of employment, either 1) become a member of the Union in good standing, or 2) pay to the Union an agency fee in a sum equal to union dues, excluding initiation fees. Failure to remit said dues or agency fee to the Union, upon written request by the Union to BOSS, shall be grounds for termination. Such termination shall be within seven (7) calendar days from the date of the request, unless the union notifies BOSS in writing prior to the termination that the employee has paid the appropriate fees. Once said dues or agency fee are paid, the employee shall be reinstated without delay or further penalty.
Upon written request of the employee and in compliance with law, BOSS will deduct union dues, agency fee and initiation fees as directed by the employee from employee's earnings and transmit same to the Union once each month.
2.1.1 Hold Harmless
The Union agrees to hold BOSS harmless from any and all actions arising out of this section and to indemnify BOSS for all damages and fees that result from any unlawful act by the Union in enforcement of this section.
SECTION 3. UNION BUSINESS
3.1 Union Representative Visit
A Union official/representative shall be allowed to visit BOSS sites covered by this Agreement for the purpose of conferring with bargaining unit employees and BOSS Administration and ascertaining whether or not this agreement is being observed. The Union agrees to report to the site director upon entering the site. The Union agrees that it, and its Representatives, shall not interfere with the normal conduct of work by employees or the operations of BOSS. The Union shall be permitted to use available meeting rooms; provided, however, that such use must be scheduled in advance and is subject to advance approval by the BOSS Executive Director. Such meeting shall not interfere with BOSS' normal operations, and participants shall be respectful of clients and other BOSS employees. Use of available meeting rooms shall not include the use of any BOSS materials.
3.2 Union Stewards
The Union shall provide a list of the Stewards to BOSS. The number of stewards shall not exceed ten (10). BOSS agrees to recognize the Stewards and the alternate Stewards each of whom shall be duly designated by the Union. Stewards shall not be discriminated against by BOSS because of the performance of their duties as a Steward.
Stewards shall be given reasonable time off with pay to meet with management representatives to process and attempt to resolve grievances and for the purpose of meeting and conferring or representing an employee. Union Officials shall have the authority to file notice and take action on behalf of unit members who give them written consent relative to rights afforded them under this Agreement. In no event shall a steward make any agreement to change or modify any provisions of the Collective Bargaining Agreement.
3.3 Bulletin Boards/Employee Union Notices
BOSS agrees to allow the Union to provide bulletin boards to be located in the administrative offices of each site or other mutually agreed upon locations, to be used exclusively for the posting of Union matters, which shall be neither inflammatory or derogatory toward BOSS. In addition, BOSS agrees to allow the Union to submit notices to be placed in the employees’ pay check envelope.
3.4 Employee Information
3.4.1 New Hires
BOSS agrees to provide the name, home address, classification, date of hire, and work location of newly hired employees within thirty-one (31) calendar days of an employee's first day of work. When a temporary or on-call worker is hired, BOSS will notify the Union of the position being filled and in the case of a leave of absence, the expected duration of such leave. BOSS also agrees to distribute Union-supplied copies of this Agreement, together with other new-employee materials, to such newly hired employees.
3.4.2 Vacant Positions
BOSS will provide the Union with a bi-annual list of all vacant bargaining unit positions, either unfilled or currently filled by temporary workers or unit members working out of classification. The list will identify, by name, the person currently filling the position, if applicable, how long the person has filled the position, how long the vacancy has existed, and whether it has been advertised.
BOSS will provide the Union with notices of all job vacancies in positions within the scope of its representation.
3.5 Distribution of Agreement
Within thirty (30) days after the execution of this Agreement, BOSS shall provide the employees with copies of this Agreement with the number of copies to be determined by the Union, and the cost to be divided equally between the parties.
3.6 New Employee Orientation
New employees shall have the opportunity to attend, on release time, a one (1) hour orientation on the Agreement. Such orientation shall be conducted by the Union Chairperson and/or his/her designee at a BOSS site, or sites, to be determined by mutual agreement between BOSS and the Union and shall be held on a quarterly basis. In addition, the Union shall be offered up to one (1) hour to participate in BOSS-sponsored new employee orientation programs; or other agency training/orientation programs as mutually agreed upon by BOSS and the Union.
3.7 Notice of BOSS Board Meetings
The Employer shall provide the Union with the scheduled dates and locations of agency Board meetings and shall notify the Union of any changes in the regularly scheduled meetings.
SECTION 4. PERSONNEL FILES
A personnel file of each employee shall be maintained at BOSS's Administrative Office. An employee's original personnel file shall not be removed from the Administrative office. No employee shall divulge any confidential information kept in employee personnel files to any other employees.
An employee shall be provided with copies of any documentation substantiating corrective or disciplinary action at the time it is placed in the employee's personnel file. The affected employee shall sign the documentation at the time it is placed in the personnel file. The employee’s signature signifies only that the issue has been discussed with the employee and the employee is aware that the documentation is being placed in his/her personnel file. An employee may provide a response which shall be attached to the documentation. No adverse action of any kind shall be taken against an employee based upon documentation which is not in the personnel file.
At the request of the employee, within five (5) business days of the receipt of the employee’s written response, the employee and his/her immediate supervisor, shall discuss the subject matter of the corrective/disciplinary documentation. The employee shall have the right to representation by a Union shop steward at any such discussion. Unless the immediate supervisor and the employee mutually agree that the corrective material and the employee response should be destroyed, that information shall be placed in the employee's personnel file. In the event that an employee refuses to sign for receipt of corrective /disciplinary material and if the union is not present at the meeting, BOSS may place such material in the employee's personnel file upon written notification to the Union of the employee’s refusal to sign.
An employee will be allowed to review his/her file (excluding employment references) and to make copies of such materials during normal business hours, without loss of pay, within three (3) business days after notifying the Human Resources Director. A Representative of the Union or the shop steward has the right to review an employee's personnel files when accompanied by the employee or upon presentation of written authorization signed by the employee.
Upon request, BOSS shall meet with each member of the bargaining unit and review and discuss the contents of each respective member's personnel file. Such meeting requests shall be scheduled between September 1 and November 1 of each year. Items referencing disciplinary matters that resulted in less than a demotion or a suspension or did not involve a reference to or warning about any harassing (including sexual harassment) or discriminatory behavior or work place violence (including threats of violence) and that occurred outside the previous twenty four (24) months from the date of the review and evaluative materials older than five (5) years from the date of review, shall be purged from the personnel file. Any item so purged, shall be destroyed, and shall no longer be considered part of the personnel record of said employee.
SECTION 5. NO DISCRIMINATION
There shall be no discrimination of any kind against an employee or an applicant for employment because of race, color, religious creed, national origin, sex, sexual orientation, age, disability or Union activities by BOSS or anyone employed by BOSS.
SECTION 6. PROBATION
All employees covered by this Agreement shall be on probation during the first ninety (90) days of employment Probationary employees can accumulate but cannot use leave (sick leave, vacation or personal leave) during the first thirty (30) calendar days of employment. An employee may be terminated during the probation period for any reason and without the right of appeal through the grievance procedure contained herein.
SECTION 7. SUPERVISION
It is the responsibility of BOSS to provide adequate supervision to its employees. For purposes of this agreement, adequate supervision shall be no less than one (1) hour of one-on-one supervision time between employees and their supervisor per month. If more frequent supervision is required, BOSS shall provide the reason for the increased supervision and the duration to the employee.
BOSS shall make a record of such supervisions on a standard form, which shall become part of the personnel files of each respective supervisor and employee. As the intent of the use of these forms is to record supervision, and is not disciplinary in nature, the use of these forms is not grievable. BOSS shall provide training to their supervisors.
Generally, employees will only have one supervisor, who is an employee of BOSS. That supervisor is responsible for the employee’s performance evaluation. If, however, an employee’s work schedule is divided over more than one program or area of responsibility resulting in the employee’s accountability to more than one supervisor, each responsible supervisor shall direct and evaluate the employee’s performance on the relevant workload.
SECTION 8. PERFORMANCE EVALUATIONS
Employees shall receive a formal written performance evaluation in a standard format developed and approved for such use by BOSS, after their initial thirty (30) days' employment, near the end of the employee's initial ninety (90) day's employment and thereafter within thirty (30) days of the employee’s anniversary date. If the employee has received an evaluation within the six (6) month period prior to November 1st of that year, the supervisor can submit a letter in lieu of submitting the evaluation. The performance evaluation shall contain an appraisal of the employee's performance, as well as recommendations or specific suggestions for the improvement of the employee’s performance. Both BOSS and the Union agree that in the absence of any evaluation, the employee shall be considered to have performed satisfactorily for the evaluation period. Supervisors may not refuse to provide an annual evaluation of an employee. The evaluation will be reviewed and discussed with the employee, given to the employee and the employee shall sign the evaluation form signifying only that the employee has read and received a copy of the document.
In the event that a supervisor leaves employment with BOSS without having completed the unit employees’ annual evaluations and the new supervisor has had less than six (6) months to evaluate the unit employees, then the employees’ annual evaluation may be deferred until such time as the new supervisor has had a minimum of eight (8) months supervising the unit. In no event will employees in the affected unit go without an evaluation for more than eighteen (18) months.
The employee shall, upon request, have a personal conference conducted by the evaluator. No evaluation of any employee shall be placed in any personnel file without an opportunity for discussion between the employee and the evaluator. No evaluation shall be made solely upon hearsay. The employee may submit a written response to the performance evaluation and that response shall become a permanent part of the performance evaluation. The employee may also request a meeting with the Executive Director or his/her designee and a BOSS union representative. The request must be made within ten (10) business days of the employee receiving the evaluation and the meeting must take place within ten (10) business days of receiving the request. The written response must be submitted within thirty (30) business days of the employee receiving the evaluation.
The evaluation form shall state, near the signature line, as follows:
“Signing this performance evaluation signifies only that you have received the evaluation. You may request a personal conference with your evaluator to discuss your evaluation. You have the right to provide a written response to this evaluation and your response will become a permanent part of the performance evaluation. You may request a meeting with the Executive Director or his/her designee and a BOSS union representative. You must make this request within ten (10) business days of receiving your evaluation. The meeting will take place within ten (10) business days of your request. You have thirty (30) business days from the date of receiving your evaluation to submit your written response.”
Performance evaluations shall not be subject to appeal through the Grievance Procedure provided herein.
SECTION 9. WAGES
9.1 Minimum Salary Rate
BOSS shall comply with the City of Berkeley, and Oakland minimum living wage rate requirements.
Bonus: BOSS will provide all bargaining unit members a two hundred and fifty (250.00) dollar bonus in December 2020.
9.2 Anniversary Increment
An employee’s anniversary date is the date upon which an employee is granted salary step advancement earned by completion of a required period of service, which shall not exceed one (1) calendar year from the initial date of employment. The Anniversary Increment is suspended for the term of this Agreement.
9.3 Pay Upon Separation From Employment
Employees who are terminated shall receive all wages due them, pursuant to law. Employees who voluntarily quit shall be paid all wages due them within three (3) business days after their last day of work or on their last day of work, if notification was at least three (3) business days.
Employees who voluntarily resign from the agency are expected to provide no less than two weeks’ written notice in advance of their effective resignation date. Upon receipt of the two weeks’ notice, BOSS may elect to accept the resignation, effective two weeks from the date of notice or accept the resignation effective immediately and pay the employee two weeks’ pay. BOSS shall not pay an employee for the two weeks’ resignation notice if the employee provides less than two weeks’ notice.
9.4 Higher Classification Pay
When, as a result of a vacancy, illness or vacation, an employee is assigned to work in a higher level position, after five (5) days working in that higher level position, the employee will be paid at the rate appropriate to that higher level, retroactive to the first day of work at the higher level.
9.5 Shift Differential
For all hours worked between 11:00 pm and 7:00 am for a minimum of one-half hour, BOSS will pay an hourly salary differential of Fifty Cents (50¢) per hour.
9.6 Bilingual Pay
BOSS will pay a bi-lingual premium of Seventy Five Dollars ($75.00) per month for employees who are required to use bi-lingual skills in the performance of their jobs.
9.7 Wage Schedule
The Wage Rate Schedule corresponds to the Job Classification Table in Appendix A (Attached).
9.8 Paychecks
All wages shall be paid by check in accordance with the attached schedule. Checks are to show straight time hours worked, overtime hours worked, income from each source with authorized or statutory deductions in detail. When BOSS offers direct deposit, the employees may choose this option.
Employees shall be paid twice per month (24 pay periods per year). BOSS shall provide employees with the list of pay days each year. Boss shall not change the payday without advance notice to the Union and without offering the Union an opportunity to meet and confer on the proposed change.
SECTION 10. LABOR MANAGEMENT COMMITTEE
BOSS and the Union will convene a joint Labor-Management Committee (LMC) comprised of three (3) bargaining unit members and two (2) BOSS representatives. The LMC may also raise for discussion employment and safety issues and proposals aimed at cost containment and budget savings. The Committee will meet once a month in the third (3rd) week of the month, for no more than two (2) hours per meeting. In the event that a meeting time cannot be established that will allow all of the Committee members to attend, a designated Union representative and the Executive Director, or his/her designee will meet at the scheduled time.
10.1 Tax Deferred Annuity
BOSS will also enter into Salary Reduction Agreements with employees who decide to contribute toward a Tax Deferred Annuity.
SECTION 11. HOURS OF WORK AND OVERTIME
11.1 Hours of Work
The normal workday for all full-time employees shall consist of eight (8) hours during a period of eight (8) consecutive hours, five (5) consecutive days during a seven (7) day period, including two (2) paid fifteen (15) minute breaks (each near the midpoint of each one-half of the employee's shift) and one thirty (30) minute paid meal break (near the midpoint of the employee's shift). Part-time employees are entitled to at least one fifteen (15) minute paid break per four (4) consecutive hours of work.
11.2 Work Schedules
Each employee shall be assigned a fixed, regular number of hours at the time of employment. Employees may be assigned to other work schedules if BOSS determines that such change of schedule would be beneficial to BOSS. Any change will be on a voluntary basis whenever possible, although BOSS reserves the right to assign an employee to a different work schedule. An employee involuntarily reassigned shall receive notification of the reassignment at least two (2) weeks prior to the actual date of transfer. Changes in shifts shall be subject to employee seniority. If requested, BOSS will provide the reassigned employee, in writing, the reason(s) for the reassignment.
11.3 Transfers
Employees may exercise their bargaining unit seniority in order to transfer to a vacant position within their classification.
11.4 Work Weeks
The time between work weeks must be at least sixty-four (64) hours, unless the employee and the employer mutually agree. This provision shall be enforced in a fair and equitable manner for all employees.
11.5 Overtime Hours
In the event that overtime becomes necessary, such overtime will be assigned to the employee who normally performs the work. If that person refuses or is unable to work the overtime, the overtime shall be offered to the most senior person within the same classification at that work site and then will be offered on a rotating basis to employees on a particular shift on a fair and equitable basis at the work site. All overtime must be authorized in advance, by the employee's supervisor, except in emergencies.
11.6 Overtime Pay
Overtime will be paid for time worked more than eight (8) hours in a day or more than forty (40) hours in a week. Time and one half (1½) will be paid for hours worked in excess of eight (8) but less than twelve (12) hours in a day or forty (40) hours in a week. All hours worked over twelve (12) hours in a day and on the seventh (7th) consecutive work day shall be paid at two (2) times the regular rate of pay. Employees assigned to a four-ten (4-10) shift by mutual agreement between the Union and BOSS, shall be paid overtime for hours worked in excess of ten (10) hours per day or forty (40) hours per week.
11.7 Staff Meeting
Employees called in on their day off for an occasionally scheduled mandatory staff meeting or training shall be paid time and one-half (1½) for those hours and guaranteed a minimum of two (2) hours pay at the appropriate rate or pay for actual meeting or training hours, whichever is greater.
11.8 Call Back Time
Employees who are called back to work outside their regular work hours shall be guaranteed a minimum of two (2) hours pay at the appropriate rate.
11.9 Telephone Stand-By
Employees directed to carry or have accessible, an employer-provided cellular telephone for the purpose of responding to client or service provider needs after regular working hours will receive the sum of fifty dollars ($50.00) per week (7 day period) for this duty.
SECTION 12. HEALTH AND WELFARE INSURANCE BENEFITS
12.1 Medical, Dental and Vision
During the term of this Agreement, BOSS shall maintain a benefits plan to provide medical, dental and vision coverage for all full-time and part-time employees who regularly work twenty (20) or more hours per week. Benefits shall start after sixty (60) days of employment.
BOSS agrees to pay thirty five percent (35%) of the cost of a plan’s dependent coverage premium for full-time employees. Employees contribute twenty percent (20%) of their individual coverage.
Dental: During the term of this Agreement, the employer agrees to continue the current contribution level to the dental plan.
12.2 Workers’ Compensation Insurance
BOSS shall provide Workers Compensation benefit coverage for all employees. When an employee is injured on the job, he/she shall receive full pay for the remainder of his/her scheduled hours of work. BOSS will also pay two-thirds (2/3) of an employee’s salary for the three (3) day qualifying period during which employees are not covered by Workers’ Compensation insurance.
12.3 IRS Section-125 Plan
During the term of this Agreement BOSS and the Union may explore setting up an IRS 125 plan to allow employees to contribute up to Two Thousand Dollars ($2,000) to a Health Care Reimbursement Plan, and up to Five Thousand Dollars ($5,000) to a Dependent Care Assistance Plan. Employees would be eligible on the first day of the month after completion of ninety (90) days of service. BOSS management shall have the right to make adjustment to the dollar value of the plan based on Federal regulations and guidelines. BOSS management shall notify the Union of such changes.
SECTION 13. VACATION
13.1 Vacation Accrual
Vacation time accrues and is credited following ninety (90) days from the date of hire as a regular employee. Part-time employees accumulate vacation on a pro-rated basis. Vacation accrual for Part-Time employees is based on the employee’s Full-Time-Equivalent (FTE) allocation. Time off due to paid sick leave, vacation, or industrial injury shall be counted as time worked, for the purpose of vacation accrual.
Vacation time accrues at the rate of ten and one-half (10½) days, {eighty four (84) hours} a year, for the first twenty four (24) months of continuous employment.
Vacation time accrues at the rate of twelve (12) days, {ninety-six (96) hours} a year, after the first twenty-four (24) months of continuous employment.
Vacation time accrues at the rate of fifteen (15) days, {one hundred twenty (120) hours} a year after the first forty-eight (48) months of continuous employment.
Vacation time accrues at the rate of twenty (20) days, {one hundred sixty (160) hours} a year after the first ninety-six (96) months of continuous employment and beyond.
13.2 Vacation Pay
Vacation pay shall be calculated on the basis of the employee's regular straight-time hourly rate. All vacation accruals shall be computed on the basis of time worked from each individual employee's anniversary date of employment.
13.3 Vacation Scheduling
Employees who have earned their vacation shall be entitled to take their vacation at times mutually agreed upon between the employee and BOSS. Employees shall be allowed to take their full vacation entitlement in consecutive weeks at a time. Accrued vacation may be used in increments of a minimum of one (1) hour.
Employees shall submit a written request for vacation time off to their immediate supervisor in advance of the beginning of their vacation. Not more than one (1) employee in any program may be on vacation at the same time, unless approved by BOSS. In the event two (2) or more employees request the same time period, bargaining unit seniority shall control the choice of vacation period granted.
Vacation checks for earned vacation shall be issued prior to the scheduled vacation of an employee provided that the employee gives BOSS at least two (2) weeks advance written notice of his/her request for the vacation pay.
13.4 Holiday / Illness During Vacation
In the event a recognized holiday falls during an employee's vacation period, the employee will be paid holiday pay, and no deduction from the employee's accumulated vacation will be made.
In the event an employee becomes ill or has an injury during a vacation period, the period of such illness will be paid as sick leave. BOSS may request the employee to provide medical substantiation of the illness. In the event of the death of a member of the employee's immediate family the employee on vacation leave may interrupt such leave and may utilize emergency leave.
13.5 Vacation Cash Out
Employees terminated will be paid in full for all accrued vacation time. Full pay is defined as pay based on the employee’s regular straight-time hourly pay rate at the time he/she is terminated.
13.6 Vacation Cap
A cap on annual leave accrual is applied according to the following formula: Employees with under two (2) years or twenty-four (24) months employment may accumulate up to a maximum of ninety-six (96) hours of accrued vacation; employees from two (2) years or twenty-four (24) months to four (4) years or forty-eight (48) months of employment may accumulate up to a maximum of one hundred twelve (112) hours of accrued vacation; employees with over four (4) years or forty-eight (48) months but under eight (8) years or ninety-six (96) months may accumulate one hundred eighty (180) hours of accrued vacation and employees with over eight (8) years or ninety-six (96) months may accumulate two hundred forty (240) hours of accrued vacation. Employees who have reached the cap level do not accrue any additional hours until they reduce their accumulation leave below the cap level. At the discretion of the Executive Director, or his/her designee, the cap on annual leave can be waived.
SECTION 14. HOLIDAYS / PERSONAL LEAVE
14.1 Recognized Holidays
BOSS recognizes the following holidays:
1. New Year's Day (January 1)
2. Martin Luther King' Jr’s Birthday (January 15)
3. Presidents’ Day (3rd Monday in February)
* Cesar Chavez Day (March 31)
4. Memorial Day (Last Monday in May)
5. Independence Day (July 4)
6. Labor Day (1st Monday in September)
* Indigenous People’s Day (October 12)
7. Thanksgiving Day (4th Thursday in November)
8. Friday after Thanksgiving Day
9. Christmas Eve
10. Christmas Day (December 25)
* These two (2) holidays are suspended for the term of this Agreement.
Any of the above holidays falling on a Saturday are observed on the preceding Friday; any of the above holidays falling on a Sunday are observed on the following Monday.
Holidays are to be taken on the date of the recognized holiday and cannot be substituted for other work days.
Employees scheduled to work on any of the above holidays (except the Personal Day in Section 14.2) will receive holiday pay in addition to the regular pay received for all hours worked. Employees not scheduled to work on any of the above holidays will have the day off and will be paid holiday pay in an amount equal to the employee's accrual rate of work per day, at the employee's regular rate of pay.
14.2 Personal Day
Each full-time employee is entitled to one (1) paid personal day that is credited in the first pay period of each calendar year. New employees are eligible for a personal day following their one (1) year anniversary. If an employee’s anniversary day is on or before June 30th of each calendar year, the employee is credited with one (1) Personal Day for that year; If an employee’s anniversary date is on or after June 30th of each calendar year the employee is credited with one-half (½) Personal Day for that year. Use of a Personal Day is to be scheduled in advance with the mutual agreement of the employee and the immediate supervisor. Personal Day time off is to be scheduled in no less than one (1) hour increments. Personal Day for regular part-time employees is pro-rated based on the employee’s allocated Full Time Equivalency (FTE) for his/her position. Personal days are not accrued, carried over or cashed out.
SECTION 15. SICK LEAVE
15.1 Sick Leave Accrual
Full-time employees accrue one (1) day of sick leave during each month of full-time employment. Part-time employees accrue sick leave on a pro-rated basis proportionate to a forty (40) hour work week. Employees may accrue up to a maximum of forty five (45) days sick leave. Probationary employees can accrue but cannot use sick leave for the first thirty (30) calendar days of employment.
15.2 Sick Leave Use
Paid sick time can be used for the following reasons:
(A) Diagnosis, care or treatment of an existing health condition for an employee or covered family member, as defined below.
(B) Preventive care for an employee or an employee's covered family member.
(C) For certain, specified purposes when the employee is a victim of domestic violence, sexual assault or stalking.
(D) For purposes of paid sick leave, a covered family member includes:
· A child defined as a biological, foster or adopted child; a stepchild; or a legal ward, regardless of the age or dependency status of the child. A "child" also may be someone for whom the employee has accepted the duties and responsibilities of raising, even if he or she is not the employee’s legal child.
· A parent defined as a biological, foster or adoptive parent; a stepparent; or a legal guardian of an employee or the employee's spouse or registered domestic partner. A parent may also be someone who accepted the duties and responsibilities of raising a child when the child was a minor, even if the employee is not the legal parent.
· A spouse
· A registered domestic partner
· A grandparent
· A grandchild
· A sibling
Sick leave use for the sickness of an employee's family member, is subject to the same reasonable proof requirements as are applicable to the employee above.
When all sick leave has been utilized, an employee may draw against his or her vacation time.
15.3 Minimum Sick Leave Use for Medical and Dental Appointments
An employee may use sick leave, in increments of not less than one (1) hour, for medical or dental appointments. In such a case the employee is required to provide a medical certificate when requesting sick leave payment.
15.4 Sick Leave Use – Medical Certification
BOSS may require the employee to furnish a doctor's certificate or other reasonable proof of illness when such illness or accident causes the employee to be absent from work for three or more (3) consecutive days, except in an incident where an employee has excessive absences and identified pattern of absences.
15.5 Notice of Absence
When an employee claims sick leave and will not be able to work as a result thereof, it is the responsibility of the employee to notify the immediate supervisor as far in advance of the employee's shift as possible. The employee is expected to notify the immediate supervisor of each day of scheduled work for which the employee claims sick leave and is unable to work.
15.6 Integration with State Disability and Workers’ Compensation Insurance
An employee who is eligible for paid sick leave and State Disability Insurance (SDI) or Workers’ Compensation and who is absent from work due to illness and/or injury shall receive sick leave pay for each accrued paid sick leave day which he or she takes, less that amount which the employee receives pursuant to State Disability or Workers’ Compensation. Coordination of paid sick leave and SDI or Workers’ Compensation will not result in an employee being paid more than 100% of the employee’s regular pay.
15.7 Sick Leave Use Reduction Incentive
Employees who use four (4) days of sick leave or less between January 1, and December 31 of each year and who have a balance of eight (8) days shall be credited with one (1) additional float day to be scheduled at a time mutually agreed upon by the employee and the employee’s supervisor. The float day will be granted the following year. For part-time staff, all time periods will be at the FTE prorated equivalent.
15.8 Short-Term Disability Insurance
Effective upon Union ratification of this Agreement, employees cannot donate their sick leave to other employees. Instead, as soon as practicable BOSS will offer an employer paid short-term disability plan and pay eighty percent (80%) of the employee-only premium for employees who elect coverage.
SECTION 16. BEREAVEMENT LEAVE
Bereavement leave due to a death in the employee's immediate family will be granted for up to three (3) working days, which may be extended to five (5) working days if extensive travel is necessary. Requests for bereavement leave shall be made by the employee to the immediate supervisor. For the purposes of this provision, the immediate family shall be restricted to parent, grandparent, spouse or domestic partner, child, sister, brother or grandchild. BOSS reserves the right to request appropriate substantiation by the employee of the need for this leave.
SECTION 17. JURY DUTY
Upon satisfactory proof to BOSS of such service rendered, the employee shall be paid the wages the employee otherwise would have earned were it not being summoned for jury duty, the employee will endorse jury duty compensation received over to the BOSS, except for that portion which represents reimbursement for travel expenses. Jury duty compensation will be limited to twenty (20) work days per year.
As soon as jury notice is received, the employee shall discuss the matter with his/her immediate supervisor.
SECTION 18. LEAVES OF ABSENCE
The following leave provisions are in addition to leave provisions under any applicable law.
18.1 Leave of Absence Without Pay
Any employee desiring a leave of absence from his/her employment shall secure written permission from the BOSS Executive Director, or his/her designee. The granting of a leave of absence or extension thereof shall not be unreasonably withheld by BOSS. Except as otherwise provided in this Section, the maximum leave of absence shall be one (1) year. The combination of statutory leave, unpaid leave, accrued vacation and or sick leave may not extend a leave of absence without pay for more than twelve (12) months. An employee who does not return to work following expiration of an approved leave of absence will be considered to have resigned.
18.2 Benefits During Leave of Absence Without Pay
Approved leaves of absence shall not result in the loss of seniority rights, however, employees shall not accrue vacation benefits, sick leave or paid holidays during the period of said leaves of absence. Except as provided under applicable law, it shall be the employee's responsibility to make appropriate arrangements, if any, for continuation of health insurance during an approved leave of absence through BOSS or a conversion policy through the insurance carrier.
18.3 Return From Leave of Absence
An employee returning from an approved leave of absence shall be entitled to reinstatement in the employee's former position or an equivalent position unless such position(s) have been abolished due to loss of funding. Prior to departing on leave, the employee and the Executive Director shall mutually agree on a return date. If that date is less than twelve (12) months and an employee is not able to return on that date, the employee will be required to provide satisfactory evidence of the inability to return. Should such evidence not be presented and the employee fails to return on the date agreed upon, the employee shall be considered to have resigned. Employees able to return earlier than initially anticipated shall give at least ten (10) working days’ notice of their anticipated return.
SECTION 19. JOB POSTING, HIRING and PROMOTIONS
19.1 Notice of Vacant Positions
To facilitate employee applications, BOSS agrees to distribute notices of all vacant positions with paychecks and shall set the deadline for submission of internal applications at least ten (10) business days prior to the external application deadline. The notice shall contain the title, salary range and a specific description of duties and responsibilities of the position. Job duties in the posted notices will clearly differentiate between minimum required qualifications and desirable but not mandatory qualifications.
If a vacant position has not been filled sixty (60) calendar days after the posting, BOSS will distribute notices of the pending vacancy with paychecks.
BOSS will offer an interview to any bargaining unit employee for any vacant position for which the employee meets the minimum qualifications of the position. All internal applicants shall receive due consideration before external candidates are interviewed for the position. Any internal candidate who is not selected for a position will receive a written notice within ten (10) business days and, if deemed necessary by either BOSS or the employee, a conference within ten (10) business days with the hiring supervisor and the Executive Director or his/her designee, that will clearly indicate why the employee was not selected and what steps the employee should take to correct deficiencies in qualifications. Internal applicants shall include temporary employees who have worked for BOSS for at least three (3) consecutive months. The Union shall receive written notice of all job vacancies at the same time that the notice is posted. Once BOSS agrees to fill a vacancy it will be filled in a timely manner.
Any employee on leave of absence or is paid in advance of the regular payday, during the period of the posting shall be mailed a copy of the notice on the date the position is posted if previously requested in writing. Such employees may authorize a Union shop steward to file any application required on his/her behalf.
19.2 Promotions and Transfers
If two (2) or more employees possess the same degree of skill and ability to fill the position, the job will be filled by the most senior employee. In determining qualifications BOSS shall not act in an arbitrary manner. BOSS will provide feedback to such employees who are interviewed, but not hired.
When there is a vacancy in a bargaining unit position and there are unit employees who meet the minimum qualifications and apply for the vacancy, BOSS shall consider the transfer and promotion procedures for bargaining unit employees prior to considering any other applicants outside of the bargaining unit, in accordance with the previously stated internal hiring process.
19.3 Reclassification
Position reclassification shall be subject to discussions between BOSS and the Union. Either party may propose a reclassification of any position at any time during the life of this Agreement. When a position is reclassified, the position or positions shall be placed on the salary schedule in a range subject to mutual agreement between the BOSS and the Union.
The Employee will be provided with a payroll information form after any promotion, which shall include the change of job description, title, location of job and new rate of pay.
SECTION 20. JOB DESCRIPTION
Each bargaining unit position shall have a job description. All new employees shall receive their job description by their date of hire. Job descriptions shall generally describe the duties, responsibilities, and requirements of the job and shall include any special conditions of employment.
BOSS will provide a copy of the job description and classifications of each position covered by this Agreement to the Union, together with any changes and revisions, which BOSS may from time to time find appropriate to make. The Employer will make no significant changes in job descriptions without providing the Union with notice and an opportunity to meet and confer on the changes.
SECTION 21. SENIORITY: LAYOFFS AND RECALLS
21.1 Bargaining Unit Seniority
Seniority shall be defined as the total length of continuous service beginning with the employees first date of hire, into the bargaining unit. Seniority shall be considered in the case of promotions, layoffs, recall, and granting leave requests.
21.2 Seniority List
The Union has the right to be supplied with a complete “hire date” seniority roster of all bargaining unit employees as soon as feasible after the effective date, but not more than ninety (90) days, of ratification of this Agreement and upon request and within five (5) days of BOSS issuing layoff notices. The list shall indicate the employee’s present classification and job site.
21.3 Retention of Bargaining Unit Seniority
In the case of a bargaining unit employee that is promoted into a management position and remains in continuous employment, the employee will be able to return to the bargaining unit for up to eighteen (18) months and retain his/her bargaining unit seniority; however the time worked in the management position will not be counted towards the employee’s bargaining unit seniority.
In the event that the employee is layed off from a management position, the employee must first return to bargaining unit status before the employee is able to exercise their bumping rights. The employee shall only be able to bump into a vacant position.
21.4 Layoff Notice and Procedures
When, in the sole discretion of the Executive Director, it is necessary to reduce the hours of work or lay off employees due to lack of work or funds, the principle of seniority shall prevail, providing the remaining employees are able to perform the available work by virtue of prior experience or training and hold the minimum qualifications required for the job.
Employees shall have recall rights for eighteen (18) months and shall be recalled according to job classification. Every effort shall be made to find any alternatives to laying off employees. Such plan may contain options such as job sharing as a layoff alternative. BOSS shall notify both the Union and the affected employees, in writing, no less than thirty (30) days prior to the effective date of the layoff, unless there is an emergency which requires less than thirty (30) days’ notice. BOSS and the Union shall meet within fifteen (15) days following the receipt of any notices to review the proposed layoffs and review the order of layoff and the effects within the provisions of this Agreement. Any notice of layoffs shall specify the reason for layoff and identify by name and classification the employees designated for layoff. An employee with the least seniority within the class plus other classes shall be layed off first.
An employee layed off from his/her present class may bump into the next lowest class in which the employee has seniority. The employee may continue to bump into lower classes in which he/she has seniority to avoid layoff.
BOSS shall notify an employee whose position has been eliminated that he/she must elect one of the following options within ten (10) business days of receipt of notice:
a) the employee shall exercise bumping rights; or
b) the employee shall not exercise bumping rights.
Bumping rights shall include the following:
a) select a vacant position in the same classification;
b) displace a less senior employee from a remaining position in the same classification;
c) select, in another classification, a vacant position,
d) displace a less senior employee in lower classification.
If two (2) or more employees subject to layoff have equal class seniority, the determination as to who shall be layed off will be made on the basis of the skill and performance of the employee as determined by past performance evaluations.
An employee who elects a layoff in lieu of bumping maintains his/her recall rights under this Agreement.
All seasonal bargaining unit employees, who request temporary or on-call duty during their off months, shall be placed on the top of the temporary list and be given preference over regular temporary or on call workers for temporary assignments.
21.5 Recall from Layoff
An employee that has been layed off and recalled by BOSS within eighteen (18) months of the layoff, shall be entitled to, upon recall:
Restoration of one hundred percent (100%) of all sick leave credited to the employee's account at the time of layoff, and;
Credit for prior service for the purpose of determining vacation accrual rate, and;
Step-in-grade at the time of layoff.
Layed off employees are eligible for recall in the classification from which layed off, or in a lower classification, for an eighteen (18) month period and shall be recalled in the reverse order of layoff. Their recall shall take precedence over other employment in the classifications affected by said layoffs. An employee on a recall list shall be notified of promotional opportunities and other vacancies.
Any employee who is layed off and is subsequently eligible for recall shall be notified in writing by BOSS of any opening. Such notice shall be sent by mail to the last address given BOSS by the employee, and a copy of the letter or a list of affected employees shall be sent to the Union.
Employees shall be recalled in the highest rated job classification available in accordance with their classification seniority. Employees who accept a position lower than their highest former classification shall retain their original eighteen (18) month rights to the higher paid position.
SECTION 22. DISCIPLINE, DISCHARGE SUSPENSION OR DEMOTION
22.2 Discipline and Appeal
Following successful completion of the probationary period, BOSS agrees to progressive counseling and disciplinary measures and helping employees correct their behavior and performance. Depending on the severity of the offense, BOSS shall have the right to discipline, suspend or demote an employee only for just cause, including, but is not limited to, dishonesty, insubordination, intoxication, incompetence, willful negligence, failure to perform work as required or to observe BOSS' safety and procedural rules and regulations. At the time of the action, the employee shall be furnished with a letter of discharge, suspension or demotion in writing and a copy of the notice will be sent to the Union. An employee shall have the right to have a Union representative present at any meetings with supervisors or management representatives which is disciplinary in nature. Discharge, suspension or demotion of an employee, with the exception of probationary employees is appealable through the Grievance Procedure specified in Section 23 of this Agreement. Such appeals must be filed within fifteen (15) business days from the date of discharge, suspension or demotion, and unless so filed, the right of appeal is lost.
SECTION 23. ADJUSTMENT OF GRIEVANCES
23.1 Grievance Definition
A grievance is any dispute which involves the interpretation or application of any provision of this agreement. At all steps of the grievance procedure, the employee has the right to have Union representation. Grievances shall be processed in the following manner:
23.2 Grievance Steps
Step 1 (Informal Level):
Any employee who believes that a provision of this Agreement has been misinterpreted or misapplied to the employee's detriment shall discuss the complaint with his/her immediate supervisor within fifteen (15) business days of the occurrence of the act or omission giving rise to the grievance or of the date the grievant could be reasonably expected to know of the event which gives rise to the grievance. The immediate supervisor shall hold an informal conference with the grievant within five (5) business days of receipt of a request and attempt to resolve the matter and respond in writing upon request, within five (5) business days of the conference. If the immediate supervisor does not hold an informal conference within the time limits stated above, then the grievant may proceed to Step 2 with the grievance.
Step 2 (Written Level):
If a grievant is not satisfied with the results at the informal level, the grievant may, within fifteen (15) business days of the receipt of the informal level decision or the expiration of time in which it should have been rendered, present the grievance in writing to the next level supervisor. The grievant shall supply a clear, concise statement of the grievance including identification of the provision or provisions of this Agreement alleged to have been violated, misinterpreted or misapplied, the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The next level supervisor shall hold a conference with the grievant and shall communicate a decision in writing within seven (7) business days of receipt of the written grievance. In the event the next level supervisor fails to render a decision within seven (7) business days, the grievant may appeal the grievance to Step 3.
Step 3 (Executive Director):
In the event the grievant is not satisfied with the decision at Step 2, the grievant may appeal the decision within ten (10) business days of the response of the Step 2 decision or of the expiration of the time in which the Step 2 decision is to be rendered. The appeal shall include a copy of the original grievance filed for decision at Step 2 and a clear, concise statement of the reason(s) for the appeal.
The Executive Director or his/her designee shall hold a conference with the parties and render a decision in writing within ten (10) business days of the receipt of the written grievance. In the event the Executive Director and or his/her designee fails to render a decision within ten (10) business days, the grievance shall be deemed not settled, the Union may proceed to Step 4 on behalf of the grievant.
Step 4 (Arbitration):
If the parties are unable to arrive at a decision, either the Union or BOSS, may within ten (10) business days of the response in Step 3 require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and BOSS. The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by the Union and BOSS. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any, and compensation for lost wages of any witnesses called by the party to give testimony.
Scope of arbitration decisions: Decisions of the arbitrator on matters properly before him/her shall be final and binding on the parties hereto. If any question arises as to the arbitrability of the grievance, such question(s) will be ruled upon by the arbitrator prior to taking evidence on the grievance itself. The arbitrator shall not have the power to amend or modify this Agreement or written agreements of addenda supplementary hereto or to establish any new terms or conditions of employment.
The arbitrator shall render the decision no later than thirty (30) days after the close of the record by the arbitrator unless otherwise agreed upon by BOSS, Union and the arbitrator. Copies of the award shall be in writing and shall set forth the arbitrator's opinion and conclusions on the issue, and copies shall be furnished to both parties.
No reprisals of any kind shall be taken by BOSS or its agents against anyone by reason of participation in the grievance procedure. All documents, communications, and records dealing with the processing of a grievance will be filed in a separate file and will not be kept in the personnel file of any of the participants.
A grievant shall be entitled to process a grievance through the above steps, during normal working hours with no loss of pay or benefits.
Both parties may mutually agree to waive or extend any time periods or any step of the grievance procedure.
SECTION 24. HEALTH and SAFETY
BOSS will provide for the occupational safety and health of all employees and abide by the local, state and federal Safety and Health Standards Act and laws. A joint Health and Safety committee shall be developed to resolve problems in this area, including employee/client interactions. The joint Health and Safety Committee shall consist of no more than six (6) members, with equal representation by management and bargaining unit employees. The bargaining unit members of the committee shall be allowed reasonable release time to carry out their obligations, but no more than two (2) hours per month. The Health and Safety Committee shall meet monthly. BOSS will hold semi-annual health and safety workshops open to any employee.
BOSS will establish an agency-wide tuberculosis prevention and control plan. The plan shall include a two-step TB screening skin test for all BOSS employees at the time of hire and annual skin testing thereafter. Boss will provide all employees with education and training on the prevention of communicable diseases.
BOSS will maintain, by work location, the names and/or trade names of products used at the worksites which can pose a chemical, environmental or health hazard. The list of such products will be kept in a central location, posted at affected worksites and made available for review by employees.
SECTION 25. TUITION REIMBURSEMENT and TRAINING
BOSS may reimburse an employee for tuition and related fees paid for taking courses of study on an off-duty status if the subject matter content of the course directly benefits BOSS. Such tuition reimbursement shall be subject to the prior approval of the Executive Director, or his/her designee. The basis for the approval or denial will be the nature of the direct benefit of the course of study to BOSS and the financial condition of BOSS.
All costs incurred under a mandated training program shall be reimbursed within ten (10) business days of the submission of the request by the employee, including transportation, registration or tuition fees, if not paid in advance by BOSS.
BOSS will allocate a minimum of Seventy Five Dollars ($75.00) per employee for training. Choice of training is the employer’s. The Employer will review each individual request for training at the Administrative level.
BOSS will provide a minimum of twenty (20) hours of training per year per bargaining unit employee. Such training will be on the employee’s work time.
SECTION 26 OTHER CONDITIONS
26.1 Expense Reimbursement
All authorized expenses made by the employees in carrying out their job duties and job responsibilities shall be reimbursed. Such authorized expenses shall be approved in writing and in advance by the immediate supervisor.
Employees will be reimbursed for business use of their personal automobile during the employee's work hours at the then-current rate recognized by the Internal Revenue Service, and also for the costs of public transportation necessarily incurred in the performance of BOSS’s business, as well as for necessary expenses incurred by the employee in fulfilling the employee’s duties and responsibilities. Advance approval shall be required for all reimbursable travel and expenses. Excessive parking fees (substantiated by receipts totaling more than $5.00) shall be reimbursed by BOSS. Employees must provide proof of current auto insurance in order to receive mileage reimbursement.
SECTION 27. STAFF INPUT
BOSS agrees to recognize the Union's Committee as a legitimate part of the Union's structure. BOSS agrees to meet with the Union Committee one (1) time per month. The Union Committee shall be made up of the Unit Chairperson and Shop Stewards or their alternates.
BOSS will schedule an annual meeting with employees to provide information and data on the status of the Agency and its fiscal condition.
BOSS shall make available, upon request, agendas of the Board, and any changes in the regularly scheduled meetings or regular location. Minutes of Board meetings will be made available.
SECTION 28. MANAGEMENT RIGHTS
It is the intention of BOSS and the Union that the rights, powers, authorities and functions referred to herein shall remain exclusively vested in BOSS except insofar as specifically surrendered or limited by express provisions of this Agreement.
SECTION 29. NO STRIKE -- NO LOCKOUTS
The Union agrees not to engage in any strikes or stoppages of work during the term of this Agreement. BOSS shall not lock out its employees.
SECTION 30. SAVINGS, SEPARABILITY AND MODIFICATION
In the event that any portion of this Agreement becomes unenforceable as a result of any applicable local, state or federal law, or regulatory provisions thereof, only that portion of the Agreement so affected shall be ineffective or invalid. In such an instance, the parties shall promptly enter negotiations with respect to the portion hereof deemed unenforceable or invalid.
No express provisions or term of this Agreement may be amended, modified, changed, altered, or waived except by a written document executed by BOSS and the Union.
SECTION 31. INTEGRATION
The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
SECTION 32. TERM OF AGREEMENT
This Agreement shall be effective upon Union Ratification and shall remain in full force and effect to and including June 30, 2023, and shall continue thereafter from year to year unless at least sixty (60) days prior to June 30, 2023 either party shall file written notice with the other of its desire to amend, modify or terminate this Agreement.
Amendments: In the event either party desires to amend this Agreement, that party shall notify the other party, in writing, of such desire to amend. The notice shall provide full details of the proposed amendment. Within thirty (30) days thereafter, if the parties mutually agree to reopen this Agreement, meeting and conferring shall commence as to the specific subjects referred to in said notice.
The parties shall reopen negotiations with respect to Section 9. Wages effective July 1, 2021. Upon receipt of written notice from the Union, arrangements shall be made, for meeting and negotiating to commence with respect to said specific provisions.
The parties shall reopen negotiations with respect to Section 9. Wages effective July 1, 2022. Upon receipt of written notice from the Union, arrangements shall be made, for meeting and negotiating to commence with respect to said specific provisions.
In the event that neither party gives appropriate written notice to the other of its desire to terminate or modify any of the aforementioned specific provisions by June 1 these provisions shall be extended for at least another year.
The parties agree to meet and negotiate after appropriate written notice has been received, pursuant to the above paragraphs. Pending a conclusion of the meeting and negotiating to terminate or modify any of the specific provisions, these provisions shall remain in full force and effect.
This Agreement executed_________________________, 2022 by the parties.
FOR BOSS: FOR THE UNION:
BUILDING OPPORTUNITIES Local Union #1991
FOR SELF-SUFFICIENCY
By: __________________________ By: __________________________
Hamilton Hunt, Chair Christopher Graeber, Local 2345
Board of Directors Local 1991 Business Representative
By: __________________________ By: __________________________
Donald Frazier, Carnell Melton, Chair
Executive Director /BOSS Unit
_______________________________________________________________________________________________________________
APPENDIX A
Job Classifications and Wage Rate ScheduleTITLE
RATE
Cook
$19.00 - $21.00
Lead Cook
$22.00 - $24.00
CM-Housing Navigator I
$19.00 - $24.00
CM-Housing Navigator Il
$25.00 - $26.00
CM-Housing Navigator Lead
$27.00 - $28.00
CM – Housing Support Specialist
$19.00 - $24.00
CM – Employment Specialist l
$19.00 - $24.00
CM – Employment Specialist ll
$24.00 - $26.00
CM – Employment Specialist Lead
$27.00 - $29.00
CM – Health l
$19.00 - $24.00
CM – Health ll
$25.00 - $27.00
CM – Health Lead
$19.00 - $24.00
CM – MHRS / PSC l*
$25.00 - $27.00
CM – MHRS / PSC ll*
$28.00 - $29.00
CM – MHRS / PSC – Lead*
$19.00 - $24.00
Community Outreach
$19.00 - $23.00
Community Outreach Lead
$24.00 - $27.00
Counselor / Program Aide
$19.00 - $23.00
Counselor / Program Aide Lead
$24.00 - $26.00
Data Entry HMIS Clerk
$19.00 - $24.00
Development Associate
$19.00 - $27.00
Fiscal Clerk
$19.00 - $25.00
`Fiscal Clerk Lead
$26.00 - $29.00
Life Coach/Case Manager
$19.00 - $25.00
Job Developer
$19.00 - $25.00
Job Developer Lead
$25.00 - $29.00
Maintenance Worker
$19.00 - $22.00
Maintenance Worker Lead
$23.00 - $28.00
Outreach Worker
$19.00 - $28.00
Overnight Monitor
$19.00 - $24.00
Peer Navigator
$19.00 - $26.00
Program Aid
$19.00 - $26.00
Security
$19.00 - $26.00
Service Liaison
$19.00 - $26.00
Supportive Service Specialist
$19.00 - $26.00
Senior Accountant
$23.00 - $29.00
Teacher / Instructor
$24.00 - $26.00
Teacher / Instructor Lead
$26.00 - $29.00
Violence Interrupter
$23.00 - $29.00
*Personal Services Coordinator (PSC)
Stewards:
Carnell Melton
Dear Brothers and Sisters,
This letter is to provide an update to our members regarding the status of negotiations with BOSS.
On Wednesday, the Union and BOSS management held an all-day session with the Federal Mediator to attempt to resolve the contract. We were unsuccessful in reaching an agreement at this time.
It is very important to note that your Union contract remains in full force. The Union will continue our battle with BOSS management to win improvements in our contract that will benefit you as a member.
The Union has been very successful in fighting BOSS; earlier this year with won a great settlement for two members. In addition, we won an impressive settlement agreement to an Unfair Labor Practice Charge with the National Labor Relations Board. Lastly, we were able to force BOSS to properly implement the layoffs of BOSS workers.
Next steps:
The Union is expanding the ways we communicate with our members.
We would like to expand the use of e-mails and other ways to communication with you. Therefore, we will like to collect and use members individual e-mail accounts and cell phone numbers, (so we can send text messages to you). Therefore, we request that you respond to memo with your individual e-mail and your cell phone number. We do not plan to overuse this privilege.
My using these systems we can communicate with you outside of the employer’s view and so we can speak more directly with you. We are limited to what we can e-mail via the employer’s e-mail system. Please fill out the form below and send it to the Union
Name:
E-mail address:
Cell Phone Number:
Karen Chow/Staff
By Ashley Wong | Staff
Contract negotiations between the California Professional Employees Union and one of their employers — Berkeley nonprofit Building Opportunities for Self-Sufficiency, or BOSS — remained unresolved after the union refused to sign the new fiscal year contract during an unsuccessful mediation Sept. 27.
These discussions have been ongoing since June, though the process began in March. In an effort to reach an agreement, the union brought in mediators from the Federal Mediation and Conciliation Service two weeks ago, but ultimately the union decided that not all of their requests were being met.
The union’s field representative and campus alumni Christopher Graeber said during the mediation the union was unsatisfied with the negotiations because they wanted the contract to include a request for quarter-year financial reports from BOSS. This condition, according to Graeber, is a response to BOSS’s announcement that employees will not receive a cost of living adjustment this year due to financial difficulties.
“It’s not uncommon for a labor dispute to go on for months,” Graeber said. “We now have the right to raise other issues. We could go on strike if we want to.”
During negotiations, according to Executive Director of BOSS Donald Frazier, the organization offered biannual budget reports, citing their financial problems to a loss of funding. Frazier added that quarterly budget reports are unreasonable and that biannual reports are more fair.
Additionally, Graeber said the union expressed concern over BOSS allegedly removing five former members from the union by recategorizing these employees as managers. According to Graeber, the union brought these concerns to the National Labor Relations Board, which ordered that BOSS comply this past August. Graeber said BOSS agreed to reinstate the employees to the union; however, this assurance was not included in the contract presented to the union in September.
As a result, according to Graeber, the union brought mediators into the negotiations partly in response to the move of the five employees. Graeber said Frazier was not present for the negotiations, adding that BOSS Shared Services Director Dina Mayfield and another consultant attended instead.
Frazier said he was previously unsure why the union was refusing to sign the contract and he thought they had reached a tentative agreement awaiting signatures. He added that he was under the impression that there was “nothing left to discuss” and that the union had not informed him of any of their complaints against the negotiations.
“If there’s an expectation that we have to abide by every (request) of the union, I don’t think that’s appropriate,” Frazier said. “What we are bound to do is negotiate in good faith with the union.”
Frazier said prior to his start with the board of BOSS in 2013, the employees had not received a raise since 2006. Since 2014, employees were given a 2 percent raise each year for two years, according to Frazier.
The union has raised other complaints against BOSS in the past regarding unfair labor practices, Graeber said. He added that their most recent complaint involves an employee who was allegedly fired when she gave her two weeks notice.
“We’re willing to concede no raise this year if we can see the books,” Graeber said. “We want to see if they’re truly broke.”
Contact Ashley Wong at ashleywong@dailycal.org and follow her on Twitter at @wongalum
Carli Baker/Staff By Lydia Tuan | Staff
The nonprofit employs about 90 people, many of whom are members of the union.
A 2003 Berkeley City Council document describes how the organization’s accounting practices effectively resulted in hundreds of thousands of dollars in debt to the Department of Housing and Urban Development as well as to other institutions. Graeber said that when the recession hit, the combination of the deficit and tough economic times caused cuts in employee wages, which have since not been restored.
“We’ve always reached an agreement,” said Graeber. “It’s the first time we’ve gotten to this level.”
Contact Lydia Tuan at ltuan@dailycal.org.
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Disagreements between Berkeley nonprofit, union halt new contract
Continuing labor troubles at a non-profit Berkeley program that provides housing, health care, education and legal aid for the homeless reached a new level of intensity this week after the agency notified staff that their paychecks would be delayed up to five days because of cash flow problems.
According to Lisa Stephens, union shop steward at Building Opportunities for Self-Sufficiency (BOSS), members of California Professional Employees Local 2345 received letters Tuesday announcing the pay delay—the second such delay in recent months, she said.
Christopher Graeber, union business representative for BOSS workers, said that as a result, the union will file a formal complaint with the California Division of Labor Standards.
In July Stephens’ union filed an unfair labor practices complaint with the National Labor Relations Board, charging that BOSS breached their contact by unilaterally imposing a wage freeze and increasing worker copayments under their health care plan.
Approximately 100 workers are covered under the contract, according to Graeber.