Employees performing work in San Francisco, including part-time and temporary employees, must be paid no less than the San Francisco minimum wage, currently $18.07. 

On July 1, 2023, the San Francisco minimum wage increased to $18.07. This increase is based on Section 12R.4 of the San Francisco Administrative Code. The minimum wage rate will be adjusted based on the annual increase in the Consumer Price Index.

Children's Council Website

Link to the Contract

Financial Information on the Children's Council

Board of Directors Meeting Calendar FY 2023-2024

Meeting Dates 2023

November 14, 2023 (Virtual) Open to the Public 

Zoom Link

https://childrenscouncil-org.zoom.us/j/9564165866?pwd=RmQ2NWZmZWZyRzZSV2FFNk4wYTRlZz09 

Meeting ID: 956 416 5866 

Passcode: 1313 

2022 – 2026

CONTRACT BETWEEN CHILDREN'S COUNCIL OF SAN FRANCISCO

And

LOCAL UNION # 1991 (Click here)

1155 Corporate Center Drive

Monterey Park, California  91754

Table of Contents

Article 1 Recognition    4

Article 2 Wages            6

Article 3 Job Descriptions  8

Article 4 Union Membership

Article 5 Union Rights 10

Article 6 Equal Employment Opportunity 13

Article 7 Introductory Employees 14

Article 8 Hours of Work and Overtime 15

Article 9 Benefits 18

Article 10 Paid Time Off 21

Article 11 Holidays 23

Article 12 Other Leave 24

Article 13 Seniority, Layoffs and Recalls 29

Article 14 Discharge and Discipline 33

Article 15 Adjustment of Grievance 35

Article 16 Management Rights 38

Article 17 No Strike - No Lockouts 39

Article 18 Savings, Separability and Modification 40

Article 19 Integration Modification 41

Article 20 Safety and Work Restrictions 42

Article 21 Equipment, Mileage, Transportation & Travel 43

Article 22 Staff Input 44

Article 23 Job Posting and Hiring 45

Article 24 Training 46

Article 25 Significant and Minor Administrative Changes 47

Article 26 Stewards 48

Article 27 Terms of Agreement 49

Appendix A – Job Classifications I

Appendix B – Wage Scale II

AGREEMENT

This Agreement is made and entered into this 25th day of August 2022 by and between Children's Council of San Francisco ("Children’s Council") and Employees, and Local Union #1991, (hereinafter referred to as “Union”).

ARTICLE 1

RECOGNITION

Children’s Council recognizes the Union as the sole and exclusive collective bargaining representative for all full-time and regular part-time employees (defined as regularly working more than 22.50 hours/week) for the purposes of collectively­ bargaining wages, hours, and other conditions of employment for Job Classifications within the bargaining unit, as described in Appendix A. A Job Classification is a Job Title and Level.

This contract will specifically exclude from the Union anyone designated as a Manager, as well as those classified as a confidential employee (as defined in the National Labor Relations Act). Also excluded from the Union are any employees or positions that have access to personal, confidential or sensitive information. The following employees in the following job classifications and/or departments would be excluded from the bargaining unit: Human Resource, Executive Assistant, Payroll Allocation and Processing positions, Benefits Administration, casual and temporary employees as defined in the National Labor Relations Act.

Children’s Council Management has the right to establish new positions or modify existing positions inside or outside the bargaining unit. Management will establish a standing item in the Management meeting to discuss new positions and vacancies for positions covered within the CBA. Prior to the implementation of any new non-management or non-supervisory classification, Children’s Council Management shall submit to the Union an accurate job description detailing job title, duties, and responsibilities for purposes of determining if a classification will be placed within the bargaining unit. If the parties cannot reach agreement, the Union may submit the matter to Binding Arbitration under the same arbitration procedures set forth in Article 18, Adjustment of Grievance, or through the unit Clarification procedures of the NLRB. Such submission shall begin at the Binding Arbitration step. Any reclassification of an existing job classification shall follow the procedures outlined in Article 3 of this contract.

There shall not be any subcontracting of work currently being performed by members of the bargaining unit during the life of this Agreement without negotiations with the Union. Vacant bargaining unit positions shall not be filled by any single, or multiple temporary, volunteer or on-call employees for more than three (3) months, unless filling the position of an employee on a leave of absence, with the exception of unique funder requirements or language needs. Given these exceptions, the agency will post the position to hire a regular employee, provided funding is available. If a temporary need to fill a position exceeds three (3) months, the Union can discuss establishing a bargaining unit position with Management.

ARTICLE 2

WAGES

All wages shall be paid by check in accordance with the attached schedules (Appendices A & B). Employees shall be paid bi-weekly. Pay stubs are to show straight time hours worked, overtime hours worked, income from each source with authorized or statutory deductions in detail. Children’s Council Management offers direct deposit of paychecks, which is optional for the employee. Employees who are terminated shall receive all wages due them on their last day of work. Employees who voluntarily quit shall be paid all wages due them within seventy-two (72) hours after their last day of employment. When applicable, all employees who voluntary separate should provide at least two weeks’ notice.

When, as a result of a vacancy or illness, an employee performs work in a job classification higher than their job classification, which shall include management positions, that employee after five (5) consecutive days working in that higher job classification will be paid at the rate appropriate to that higher job classification, as defined by Appendix A or the management salary scale.

Any payroll overpayment as a result of misplacement on the salary schedule or other error shall be corrected by an automatic salary deduction equal to the amount of time the error covered, not to exceed twelve (12) working months; payback plan to be approved by the Chief HR Officer.

The Wage Rate Schedule in Appendix B corresponds to the definition of a Job Classification as defined in Article 1 and listed in Appendix A. For the duration of this contract through September 30th, 2026, employees will receive a three percent (3%) step increase upon successful completion of the six (6) month Introductory Period when they become a regular employee. Regular employees in Steps 2-9 will receive a three (3%) step increase on the anniversary date of becoming a regular employee at the end of each 12 months of employment. Employees at Step 10 or above will receive a 2% lump sum payment each year on the on the anniversary date of becoming a regular employee.

Children’s Council shall adjust the current wage scale (Steps 1-10) in Appendix B, effective September 1, 2022. As reflected in the new Appendix B effective September 1, 2022, the first 3 steps (Step 1, Step 2, Step 3) from the June 2018 pay scale were "eliminated", so that all staff shifted down from their current Step by three (3) steps, and staff that had “fallen off” the pay scale came back, as follows: 

·   Staff previously (as of August 31, 2022) at Steps 2, 3, and 4 are now on Step 1; 

·   Staff previously (as of August 31, 2022) at Step 5 are now considered Step 2;

·   Staff previously (as of August 31, 2022) at Step 10 are now considered Step 7, and so on for all the Steps in-between;

·   Staff who were beyond and no longer on the scale as of August 31, 2022 were placed back on the scale at their current Level, and at whichever new Step was closest but no lower than their rate of pay as of August 31, 2022. 

Furthermore, the current wage scale shall be adjusted upward by 6%, effective September 1, 2022.

·   Effective July 1, 2023 – June 30, 2024, the current wage scale will increase by 2.00%.

·   Effective July 1, 2024 – June 30, 2025, the current wage scale will increase by 2.00%.

·   Effective July 1, 2025 – June 30, 2026, there will be no wage increase.

There shall be no wage salary re-openers during the contract term. Employees whose salaries are currently outside of the scale may "fall back" on the scale because of the increase in the scale and will be placed on the step closest to, but not less than, their current salary.

Levels are based on the requirements and responsibilities of the job. Steps are:

·       Step 1: Introductory

·       Step 2: After successful completion of 6-month Introductory Period.

·       Step 3: After successful completion of subsequent 12-month period.

Positions requiring bilingual ability start at Step 2 of the appropriate level.

ARTICLE 3

JOB DESCRIPTIONS

Every job shall have a job description. A job description shall be an accurate summary of the duties, responsibilities, and requirements of the job and shall include any special conditions of employment. All new employees shall receive their job descriptions by their date of hire. Any change to an existing bargaining unit job description shall be sent to the Union for review. Those changes that affect level of responsibility of the job description will be open to good faith bargaining with the Union and Management.

The Union shall respond within seven (7) working days for job descriptions previously discussed during Union/Management meetings. The Union shall respond within ten (10) working days for job descriptions that have not been introduced during previous Union/Management meetings.

In both cases, if there is no response from the Union at the end of evaluation period, such changes to the job description will be considered final.

Children’s Council Management will notify the Union of all job vacancies in positions within the bargaining unit at the time they occur. Children’s Council Management will notify the union when a bargaining unit position has been frozen and/or will not be filled.

JOB CLASSIFICATION AND RECLASSIFICATION

Bargaining unit employees can be represented by the Union during discussion regarding job classification and reclassification. Either party may propose a reclassification of any position at any time during the life of this Agreement. A proposal for reclassification is valid if it can be demonstrated that increased responsibility exists within the job. Any such proposal shall include a written rationale for the change along with the current job description and any proposed changes to the job description. Such proposals will be discussed by the Union and Management leadership teams. If the Union is dissatisfied with the result, it will have thirty (30) calendar days to submit the issue for advisory arbitration, with costs shared equally by both parties.

ARTICLE 4

UNION 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 a sum equal to Union dues. Failure to remit said dues to the Union upon written request by the Union to Children’s Council shall be grounds for termination. Once said dues or agency fee is paid, the employee shall be reinstated without delay or further penalty.

The Union agrees to hold Children’s Council harmless from any and all actions arising out of this section, and to indemnify Children’s Council for all damages and fees that result from any unlawful act by the Union in enforcement of this section.

Upon written request of the employee and in compliance with law, Children’s Council will deduct Union dues as directed by the employee from employee's earnings and transmit these dues to the Union once each month.

ARTICLE 5

UNION RIGHTS

The parties agree that an official or designated representative of the Union may visit Children’s Council at reasonable times during work hours to see that there is compliance with the contract. The Union agrees to inform Children’s Council Management when such visits are to take place. Children’s Council Management shall not arbitrarily restrict Union access.

The Union agrees that it, and its representatives, shall not conduct Union business during hours in which employees are required to perform work unless otherwise stipulated in this Agreement. Union members may wear Union buttons that are not unreasonably obtrusive on Children’s Council operated premises.

Any notification or communication to the Union called for in this contract shall be sent to both the Union chairperson and the Union Business Representative. Whenever new employees are hired for job classifications within this Agreement, the Employer shall notify the Union within fifteen (15) working days of such employment giving the date of hire, rate of pay, job classification, and employee's name.

New employees when hired shall receive a copy of the Union contract from a designated Union Officer or Shop Steward. The Union shall be informed of the Children’s Council sponsored new employee orientation schedule in the event the Union wants to add its own orientation for new employees.

Upon reasonable notice by the Union to the Chief Executive Officer or their  designee, the right to use Children’s Council facilities during lunch or other non-work time and at reasonable times for the purpose of Union meetings shall be granted. Such use shall not interfere with normal employer operations. Once approved, the meeting room shall be reserved by the Chief Executive Officer or their designee.

If the Employer requests negotiation meetings during regular work hours, the Employer shall pay the employee negotiators. There shall be no pay for meetings during non-work hours. Children’s Council Management shall honor reasonable Union requests for information as mandated by the National Labor Relations Act (NLRA).

The Employer shall provide the Union with a minimum of 2 bulletin board spaces in the employee lunch rooms and such space shall be identified for Union's use. Union officers may use the e-mail system to announce Union meetings.

UNION REPRESENTATION

Upon request, employees shall have the right to have a Union representative present in any investigatory process related to employee grievances or disciplinary actions with supervisors or management where the employee reasonably believes the investigation could result in disciplinary action. Exercise of this right may not interfere with lawful Children’s Council Management prerogatives. Children’s Council Management shall not be required to postpone the interview because the specific Union representative the employee requests is unavailable, if another Union representative is available at the time the interview is scheduled. The unavailability of a Union representative shall not cause the investigatory interview to be delayed by more than three (3) business days. For such management-initiated interviews or meetings there shall be no loss of pay or benefits for either the employee or the Union representative.

PERSONNEL FILES

Personnel files shall be maintained in the Human Resources department in the central administrative office. Children’s Council shall treat personnel files as confidential. An employee shall have the right to review documents relating to their own employment performance or to any grievance concerning the employee.

The HR Representative shall schedule an appointment to review the documents at a mutually agreeable time, within three (3) business days of the employee’s request. Employees may request a copy of any document they have signed relating to their employment, provided the written request is original, signed, and dated by the employee.

Employees shall receive a copy of any evaluative documentation at the same time it is being placed in their personnel file. Employees shall have the right to  place a written rebuttal to any documentation of progressive discipline, evaluation, or disciplinary action into their personnel file, within seven (7) business days of when documentation of any action is first brought to the attention of the employee.

Per Article 27 of this contract, Union officers or representatives shall have the authority to take action pertaining to this article on behalf of bargaining unit members who provide written consent.

When there is no disciplinary action against an employee for 24 months, disciplinary actions of any kind older than 24 months shall not be considered in any manner as the basis for further disciplinary action and/or termination.

EVALUATIONS

Employees shall be evaluated at the end of the Introductory Period and thereafter annually. Employees shall be evaluated by the first level manager, in consultation with any supervisory managerial staff assigned to work directly with the employee. Employee evaluations and any employee response shall be treated as confidential. The signed evaluation and employee response shall be placed in the employee’s personnel file. A copy will be provided to the employee.

The employee shall sign the performance evaluation form signifying only that the employee has read and received a copy of the document. The employee shall receive a copy of the written performance evaluation described herein. Employees shall have the right to request placement of commendations in their personnel file.

ARTICLE 6

EQUAL EMPLOYMENT OPPORTUNITY

Children’s Council and the Union will not discriminate against any person with regard to employment or Union membership because of ethnicity, creed, religion, color, gender, age, national origin, those persons covered by the Vietnam Era Veteran's Readjustment Assistance Act of 1972 and the Americans with Disability Act (ADA), ancestry, political affiliation or beliefs, sexual orientation, or marital status. This shall apply to hiring, placement for employment, training during employment, rates of pay or other forms of compensation, selection of training, layoff or termination and applications to admission to Union membership.

Children’s Council Management and Union equally agree to treat all employees in the bargaining unit fairly, impartially and in a non-discriminatory manner, regardless of the Union membership status or current or former involvement in the Union.

ARTICLE 7

INTRODUCTORY EMPLOYEES

All new bargaining unit employees shall be considered in an Introductory Period for the first six (6) months of their regular full-time or part-time employment. An employee shall have the right to apply for other positions at Children’s Council during the Introductory Period. The Introductory Period shall be extended for those employees who seek and/or are hired in another position until they have completed the six-month Introductory Period in any job classification, not to exceed 9 months without cause. Employees may use any accrued paid time off during the Introductory Period. In accordance with the CBA, introductory employees shall receive a written performance evaluation in six (6) months, which is the end of the Introductory Period. A copy of the written performance evaluation shall be given to the employee and signed to signify only that the employee has received the document.

Employees in the Introductory Period may have a Union representative present in any meeting with Human Resources that could result in termination of the employee. Any disciplinary actions taken by Children’s Council Management with respect to employees during the Introductory Period shall be final. Such action shall not be subject to the grievance procedure provided for herein.

An employee who is granted any unpaid leave while serving in an Introductory Period shall have the Introductory Period extended by the period of such leave in order to complete the required period of service. An Introductory Period may be extended by mutual agreement, in writing, between the Union and Children’s Council Management, as long as such extension is agreed to at least ten (10) working days prior to the scheduled end of the Introductory Period. The Introductory Period shall not be extended arbitrarily.

ANNIVERSARY DATE

The employee’s anniversary date is the date on which an employee has successfully completed the Introductory Period. The anniversary date of non-introductory employees may not be changed without prior notice to the Union.

ARTICLE 8

HOURS OF WORK AND OVERTIME

The normal workday for all full-time employees shall consist of seven and a half (7.5) hours and shall normally be from 8:30 a.m. to 5:00 p.m. Monday through Friday. The workweek begins on Saturday at 12:00 a.m. and ends on Friday at 11:59 p.m.

Employees may be requested and shall be obligated to work a schedule other than normal office hours to meet the needs of Children’s Council’s program. This schedule shall not include more than twenty (20) hours of work outside of normal office hours per week.

ADJUSTED WORK SCHEDULE

An adjusted work schedule is defined as any alternative start or end time for the employee that’s outside of the normal workday as established in Article 8. An employee with the approval of their supervisor, may develop an adjusted work schedule to temporarily accommodate the employees’ work schedule for reasons including, but not limited to, child care, personal family needs, and/or academic schedules. The employee must submit their request in writing and obtain the written approval of their supervisor, and notify the CHRO prior to the beginning of the adjusted work schedule. This section shall be enforced in a fair and equitable manner for all employees. The Employer reserves the right to make the final decision concerning schedule changes.

OVERTIME

If requested to work overtime, an employee shall be required to do so unless excused for good cause as determined by Children’s Council Management. When requested to work overtime, employees will be given as much notice as possible. If overtime is needed, it will be assigned to employees in the same job classification based on seniority and program needs. When possible, overtime work shall be assigned on a voluntary basis. Children’s Council Management shall not act arbitrarily or capriciously in administering or assigning overtime work.

Except as required as a result of an approved adjusted work schedule, non-exempt employees shall be entitled to overtime pay in accordance herewith. Straight time will be paid for time more than seven and one-half (7.5) hours but less than eight (8) hours in a day or more than thirty-seven and one-half (37.5) hours but less than forty (40) hours in a week. Overtime at time and a half will be paid for hours worked in excess of eight (8) hours in a day or forty (40) hours in a week. All hours worked over twelve (12) hours in a day, and worked over eight (8) hours on the seventh (7th) consecutive day worked, shall be paid at two (2) times the regular rate of pay.

Overtime shall not be worked unless specifically authorized in advance in writing by the immediate supervisor and that supervisor’s manager. 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. The agency shall allow compensation time[MH1]  in lieu of overtime at the employee request.

BREAK TIME

A full-time employee is entitled to a ten (10) minute break in the morning and a ten (10) minute break in the afternoon. Part-time employees are entitled to at least one ten (10) minute break per four (4) hours worked. Employees are entitled to a one (1) hour lunch period. Breaks and lunch hours are considered an employee's personal time within the Union agreement, regardless of where the employee utilizes their time.

HOLIDAY PAY

The pay received for any work required of a non-exempt employee by Children’s Council Management on a nationally recognized holiday shall be paid at one and one half (1.5) times the employee's regular rate of pay, if the employee is required to work by their immediate manager with approval by a senior manager. Employees required to work on any of the holidays detailed in Article 11 may request to adjust their work schedule.

TIME OFF WITHOUT PAY

With prior approval from their manager, employees may be granted from one to three (1-3) hours of time off without pay in half-hour increments to take care of personal business that cannot be scheduled during non-working hours. The employee will be given an opportunity to make up the time at another time within the same pay period upon approval by their manager.

ARTICLE 9

BENEFITS

Children’s Council shall maintain a medical plan for all employees (who work at least 22.50 hours a week), and who are not considered temporary staff or casual employees. Coverage shall be maintained for employees and their dependent children, spouse, or registered domestic partner who meet the eligibility requirements of the plan. Coverage for employees and their eligible dependents shall be maintained for the life of the contract unless made impossible by a lack of funding.

The medical plan shall include (a) a minimum choice of 2 health plans, (b) dental, life, and accidental death and dismemberment coverage and (c) vision. Of the agency’s available health plans, the least expensive shall be considered the selected base plan.

In accordance with city ordinance, or other State or Federal law or regulations, Children’s Council agrees to pay one hundred percent (100%) of the selected base plan for individual employees’ medical, dental, and vision plan. Children’s Council agrees to pay fifty percent (50%) of the premium for the selected medical base plan for the employee’s dependents, spouse or registered domestic partner. The employee will be responsible for the remaining fifty percent (50%) of the premium for their dependents, spouse’s or registered domestic partner’s medical plan. For the dental and vision plans, the employee will be responsible for one hundred percent (100%) of the premium costs for the enrollment of their dependents, spouse or registered domestic partners.

Children’s Council will cover one hundred percent (100%) for Life, and Accidental Death and Dismemberment coverage, and the Employee Assistance Plan (EAP), for all eligible employees and their dependents, spouse or registered domestic partner’s coverage. For the Voluntary Life/AD&D plan, the employees pay 100% for themselves and dependents.

No employee or dependent shall have any right or claim of any type against Children’s Council for any benefits provided under the aforesaid benefit plans, so long as Children’s Council makes the contributions required pursuant to the plans.

All benefits under the aforesaid benefit plans shall be determined solely by the benefit care provider. In the event that there is any dispute with respect to any claims under the aforesaid benefit plans, the dispute shall be between the employee (or covered dependent) and the plan provider, and Children’s Council Management shall not be a party to such dispute. No matter relating to any dispute or difference arising under the terms of the aforesaid benefit plans shall be subject to the adjustment of grievance provision of this collective bargaining agreement.

COBRA

It is the intention of Children’s Council to continue existing health insurance for the term of this Agreement. It is understood and agreed by the Union and Children’s Council that continuance of benefits provided under the group health insurance policy will, of necessity, be contingent upon the rules and regulations established and administered by the health provider involved.

Should an employee quit or be discharged, such an employee shall be afforded COBRA continuation rights at their own expense.

DOMESTIC PARTNER BENEFIT

Employees requesting domestic partner coverage must establish proof of their domestic partnership in accordance with regulations set forth in the San Francisco Administrative Code "Recognition of Domestic Partnership" and shall complete Children’s Council's Application for Domestic Partner Health Insurance Reimbursement.

RETIREMENT PLAN

Children’s Council will match employee contributions dollar for dollar up to five percent (5%) of the employee’s taxable salary for the Retirement Plan. Participation in the Retirement Plan is voluntary and employees are eligible to participate as of their date of hire. Employees will be 100% vested into the Retirement Plan after three (3) years of service at Children’s Council.

CAFETERIA PLAN (SECTION-125)

Employees can contribute up to the maximum allowed under the law in the Health Care Reimbursement Plan, and up to the maximum allowed under the law in the Dependent Care Assistance Plan. Eligibility is the first of the month after completion of one (1) full month of service. Children’s Council Management shall have the right to make adjustment to the dollar value of the cafeteria plan based on federal regulations and guidelines. Children’s Council Management shall notify the Union of such changes.

ARTICLE 10

PAID TIME OFF

Paid Time Off (PTO) will accrue, is credited, and may be used from the first date of hire. Regular part-time employees will accumulate PTO on a pro rata basis. PTO will not accrue when employees are on a leave of absence. PTO will accrue based on the following schedule:

·       PTO accrues at the rate of twenty-five (25) days per year for the first thirty-six (36) months of continuous employment.

·       PTO accrues at the rate of thirty (30) days per year after the first thirty-six (36) months of continuous employment.

·       PTO accrues at the rate of thirty-five (35) days per year after six (6) years or seventy-two (72) months of continuous employment and beyond.

PTO shall be calculated based on the employee’s regular straight-time hourly rate multiplied by the hours of work in the normal work week. All PTO accruals shall be computed based on time worked from each individual employee’s first day of employment. Accrued PTO will be capped at 220 hours for all employees. PTO accruals will stop once an employee reaches the cap and will only resume once the PTO balance is reduced.

PTO shall also be applicable for illness or accidents, for medical, dental, or therapy appointments arranged in advance, or for mental health purposes.

Staff will be offered PTO cash out at least once a year. The following guidelines will apply: The employee may cash out up to eighty (80) hours, provided that the employee will have at least forty (40) hours of PTO remaining after the cash out.

PAID TIME OFF SCHEDULE

Employees who have earned PTO shall be entitled to take PTO, if possible, at times mutually agreed upon between the employee and their manager. Employees shall be allowed to take PTO in consecutive weeks upon prior written request by the employee and approval of their manager. Time off due to PTO shall be counted as time worked. If Children’s Council Management reasonably believes that a hardship for Children’s Council is created by PTO schedules, Children’s Council Management may limit use of any PTO to no more than two (2) consecutive weeks. If scheduling conflicts arise due to coverage needs, seniority shall determine the scheduling of Paid Time Off, unless PTO was previously approved for a less senior employee.

DONATION OF PTO

In the event that an employee is prevented from working due to serious illness or injury, defined as lasting for more than five (5) business days and requires being under the care of a licensed physician or practitioner; or to care for an immediate family member, defined as a parent, spouse/partner, or child, due to serious illness or injury, other Children’s Council employees shall be allowed to donate accrued PTO to said employee, up to half of the donor’s annual accrual hours. The employee needing leave shall submit a written request for a donation of leave to HR. To be eligible to donate any accrued PTO, an employee must have two weeks of available PTO time remaining after the donation.

All PTO donations made by the employees is voluntary.

PAID TIME OFF PAY ADVANCE

Checks for earned Paid Time Off can be issued prior to the employees’ scheduled PTO provided that the employee gives HR at least two (2) weeks advance written notice. Employees who request a PTO pay advance may be paid up to two (2) weeks provided the employee has the accrued time banked. Employees are not entitled to any other type of pay advances.

CASH OUT

Employees terminated or who resign will be paid in full for all unused, accrued PTO. Full pay is defined as pay based on the regularly established hourly rate and work week of the employee on the last day of work. Children’s Council Management shall ensure that cash out payment is done in accordance with the law.

ARTICLE 11

HOLIDAYS

The following holidays shall be observed annually under this Agreement:

1. Martin Luther King Jr. Day

2. Presidents' Day

3. Memorial Day

4. Juneteenth

5. Independence Day

6. Labor Day

7. Indigenous Peoples’ Day

8. Veterans Day

9. Thanksgiving Day

10. Day after Thanksgiving Day

11. Christmas Eve

12. Christmas Day

13. New Year’s Eve

14. New Year’s Day

15. Employee’s Birthday (Paid Floating Holiday)

HOLIDAYS FALLING ON A WEEKEND

If any of the holidays designated in this section fall on a Sunday, the following Monday shall be observed. If any of the holidays fall on a Saturday, the prior Friday shall be observed.

HOLIDAY DURING VACATION

Any employee eligible to receive holiday pay whose Paid Time Off period includes one (1) or more designated holidays referred to in this Agreement may have their PTO extended.

ARTICLE 12

OTHER LEAVE

Children’s Council Management may require the employee to furnish a doctor's certificate or other reasonable proof of illness or inability to return to work when such illness or accident causes the employee to be absent from work for more than four (4) consecutive business days.

With a written request to HR, employees may request a leave in order to obtain professional treatment for any substance abuse therapy (such as drug or alcohol abuse); and/or for professional treatment for mental health concerns.

With any long-term illness, an employee may use any available Paid Time Off, request an unpaid leave of absence (as outlined below), or apply for State Disability. In no event shall an employee receive more than one hundred percent (100%) of their normal wage. When an employee has exhausted all available time for a medical condition and, if the employee is not medically able to return to their position, the person shall be given priority for reemployment for a period of nine (9) months.

BEREAVEMENT LEAVE

An employee shall be granted necessary bereavement leave as defined below without loss of salary. For employees to attend to services and logistics related to the loss of a loved one; or time needed to grieve a loss related to a miscarriage, Children’s Council grants leave up to five (5) days. This time can be taken consecutively or intermittently. 

Prior to taking this leave, the employee exercising the bereavement leave shall notify their supervisor and HR in writing and indicate the expected duration of the absence. The employee shall provide, upon the Employer’s request, additional verification for the use of these leave provisions. If requested and approved by the supervisor, the employee may use their PTO if additional time off is needed. *+

Total bereavement leave shall not exceed ten (10) days in one calendar year.

JURY DUTY

An employee who is required by law to serve as a juror shall, upon satisfactory proof to Children’s Council of such service rendered, be paid their pay for the time they are required to be absent from their scheduled workday, less the amount received for jury service. In no event shall an employee be reimbursed for more than thirty (30) days of jury service in any single calendar year. Employees must submit proof of jury service and proof of payment for Children’s Council to compensate employees for time served for jury service. Employment shall not be terminated due to jury duty requirements, regardless of length of time served as juror, unless the position is eliminated because of end of funding.

If an employee is instructed to call in within the first two (2) hours of their scheduled workday to determine if they must report to jury duty, they may, upon notification to their manager AND satisfactory proof to Children’s Council of such requirement, choose to remain home to call in and be paid for the two (2) hours missed from their scheduled workday. The employee may request approval from their manager for additional time off if needed. Any additional time off will be deducted from the employee’s PTO.

If an employee is required to report to the court to determine if they will serve as a juror, and if that employee has obtained satisfactory proof from the court of service requirement, Children’s Council will consider that as time served, and the employee does not have to report back to work.

VOTING LEAVE

Time off with pay to vote at any general or primary election shall be granted as provided in the California Elections Code.

MILITARY LEAVE

Military leave without pay will be granted to a regular employee when ordered for temporary active duty or active duty for training in any unit of the United States Reserves or the California State National Guard, or for medical examination related to such duty, so directed by written orders signed by the employee’s unit commanding officer or officer-in-charge.

Employees shall receive unpaid leaves of absence when inducted or called to extended active duty in any branch of the armed forces of the United States or the State of California. Employees shall have all rights granted under the US Military and Veteran’s Code relating to military leaves. Employment shall not be terminated due to military service requirements, unless the position is eliminated because of end of funding.

APPROVED LEAVE OF ABSENCE WITHOUT PAY

A leave of absence without pay, in accordance with the provisions of the California Family Rights Act (CFRA) and Federal Family and Medical Leave Acts (FMLA), may be granted by the Employer. Any employee who has completed one (1) year of employment and has worked at least 1,250 hours in the 12-month period before the date the leave begins, who desires a leave of absence shall secure written permission from HR. Granting or refusing to grant a leave of absence or extension thereof shall not be unreasonably withheld. Except as otherwise provided in this Section, the maximum leave of absence shall be three (3) months and may be extended for an additional three (3) months at the sole option of Children’s Council Management. An employee shall not be granted a leave that exceeds six (6) calendar months, with the exception of parental and pregnancy disability leave. During an approved leave of absence, the employee shall not engage in gainful employment. Leaves of five (5) business days or less do not require notification to the Union.

Approved leaves of absence shall not result in the loss of seniority rights; however, employees shall not accrue Paid Time Off benefits or receive paid holidays during the period of said leaves of absence. Children’s Council will not pay into the health plan except as required by the CFRA or FMLA during the time the employee is on an unpaid leave of absence.

PARENTAL LEAVE POLICY

Employees, who have given birth, whose spouse or partner has given birth, or any employee who adopts a child, shall be granted paid parental leave for two (2) weeks and given unpaid parental leave for up to nine (9) months. The combination of unpaid leave, accrued Paid Time Off, and disability leave may not exceed nine (9) months.

This leave policy is available for regular employees who have been employed for one (1) continuous year and have worked at least 1,250 hours in the 12-month period before the date the leave begins at Children’s Council. For the first four (4) months, health insurance benefits are paid. At the fourth (4th) month, the employee must contact the Human Resources Representative to determine if the employee will be continuing the leave, in which case the employee may convert to COBRA at their own expense.

PREGNANCY DISABILITY LEAVE

An employee who has given birth shall be granted paid parental leave for two (2) weeks. A pregnant employee may elect to use this benefit upon medical recommendation. An employee may use accrued PTO in combination with state disability benefits during pregnancy disability leave.

Pregnancy Disability Leave will be treated as leave without pay, except as described above. An employee who becomes pregnant may take a pregnancy disability leave of absence and remain on leave for the entire period that they are actually disabled, so long as the period of disability is nine (9) months or less. If an employee is using a combination of parental and pregnancy disability leave, the combined time off may not exceed nine (9) months. For all purposes other than duration of the leave, parental/pregnancy disability leave is to be treated as any other disability leave. For the first four (4) months, the employee’s portion of health insurance benefits is paid. The employee will be responsible for the cost of their dependent care premium and union dues.

At the fourth (4th) month, the employee must contact the Human Resource Representative to determine if the employee will be continuing the leave in which case the employee may convert to COBRA at that time at their expense.

RETURN TO WORK AFTER PARENTAL AND/OR PREGNANCY DISABILITY LEAVE

Prior to departing on parental or pregnancy disability leave, the employee and the Human Resources Representative shall mutually agree on a return date and shall document the return date in writing. The return date may be changed by mutual agreement in writing by the employee and the Human Resources Representative. If that date is less than nine (9) months and an employee is not able to return to work on that date, the employee will be required to provide medical certification that documents the inability to return to work or apply for a leave of absence. If the employee lacks medical certification or an approved leave of absence and fails to return to their position on the date agreed upon, the position will be considered vacant. If the employee is unable to return to their position after nine (9) months, the position will be considered vacant.

Employees who are able to return to work earlier than initially anticipated shall give ten (10) business days’ notice to Human Resources of their anticipated return so any temporary or acting employee may be given proper notification.

ARTICLE 13

SENIORITY, LAYOFFS AND RECALLS

All other things being equal as to ability, merit and experience, layoffs and recalls of bargaining unit employees who have completed their Introductory Period shall be made within each job classification, as defined in Article 1 of this contract, according to total length of employment with the agency, regardless of full or part-time status.

All temporary or on-call employees shall be released before the layoff of any bargaining unit employees, provided the temporary or on-call employees are in the same department and the bargaining unit employee is qualified to do the work.

Notwithstanding the foregoing, nothing in this article shall be construed to require Children’s Council Management to displace any temporary employee or independent contractor who was specifically designated by a funding source to provide their services or to hire any other person to perform those services.

BARGAINING UNIT SENIORITY

Seniority means the total length of employment with the agency, based on the employee’s date of hire, regardless of full or part-time status. It is recognized that layoffs and recalls within job classifications shall be based on seniority. Exceptions will be made where job qualifications differ significantly, and senior employees do not possess necessary qualifications and cannot demonstrate their ability to fulfill job duties.

Employees shall have recall rights for twelve (12) months and shall be recalled according to job classification, so long as a job is available, and the employee has not received a final and written warning in progressive discipline within two (2) months prior to layoff. In determining layoff and recall rights, Children’s Council Management shall not act in an arbitrary and capricious manner. The Employer will notify the Union within three (3) business days of any termination of funding or program resulting in layoffs.

SENIORITY LIST

The Union will be supplied a complete hire date seniority roster of all bargaining unit employees within five (5) business days of Children’s Council issuing a layoff notice. The roster shall indicate the employees’ present job classifications along with any other previously held job positions within the agency.

Every effort shall be made to find alternatives to laying off employees due to lack of work, consistent with sound business practice. Children’s Council Management will make every effort to develop a reasonable layoff plan. Children’s Council Management shall notify both Union and the affected employees in writing no later than one (1) month prior to the effective date of the layoff. Children’s Council Management and Union shall meet within five (5) business 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, department, and job classification the employees designated for layoff. Any reduction in regularly assigned hours or work year shall be considered a layoff under the provision of this Article. Any layoff shall be affected within a job classification. Within the job classification, an employee with the least seniority based on date of hire at the agency shall be laid off first.

BUMPING RIGHTS

An employee laid off from their present job may bump an employee in any job title that they previously held, provided they have seniority over the person in that position and the level of that position is the same or lower. The bumped employee shall have the least seniority of all employees in that job classification. The bumped employee may continue to bump into any positions that they previously held, provided they have seniority over the person in that position and the level of that position is the same or lower, to avoid layoff. An employee who has held multiple positions in the same or lower level(s) shall have discretion over which job title they wish to bump.

OPTIONS OF EMPLOYEES NOTIFIED OF LAYOFF

The Employer shall notify an employee whose position has been eliminated that they must elect one of the following options within five (5) business days of receipt of the notice:

1.     The employee shall exercise bumping rights.

2.     The employee shall not exercise bumping rights and elects to be laid off.

If number 1 is selected, bumping rights shall include the following:

a.     select a vacant position in the same or lower job classification,

b.     displace a less senior employee from a remaining position in the same or lower job classification,

c.      select, in another job classification, a vacant position in which the employee has previously served satisfactorily.

d.     displace a less senior employee in another job classification from a remaining position, in which the employee has previously served satisfactorily;

If number 2 is selected, an employee who elects a layoff in lieu of bumping maintains their re-employment rights under this Agreement and will be eligible to continue work for    one (1) month from layoff notice provided funding is available.

EQUAL SENIORITY

If two (2) or more employees subject to layoff in the same job classification have equal seniority in the agency, the determination as to whom shall be laid off will be made on the basis of the skill and performance of the employee as determined by past performance evaluations.

RE-EMPLOYMENT

Any regular employee who has been laid off can be re-employed by the Employer within twelve (12) months of the layoff, provided there are vacancies. Upon re-employment the employee shall be entitled to credit for prior service being given for the purpose of determining Paid Time Off accrual rate and Step at the time of layoff.

Laid off employees are eligible for re-employment within the job classifications from which they were laid off for a twelve (12) month period and shall be re-employed in the reverse order of layoff. Their re-employment shall take precedence over other employment in the job classifications affected by said layoffs. An employee on a re-employment list shall be notified of promotional opportunities and other vacancies for which they have previously requested notification at their last known address. Laid off employees shall have five (5) business days to respond.

Employees shall be re-employed within the highest job classification available in accordance with their previous job classification and seniority. Employees who accept a position lower than their highest former level shall retain their original twelve (12) month rights to the higher paid position.

ARTICLE 14

DISCHARGE AND DISCIPLINE

Children’s Council Management believes in progressive counseling and disciplinary measures and helping employees correct their attitudes and actions depending on the severity of the offense. It is the policy of Children’s Council Management to discipline, including discharge, for just cause which includes, but is not limited to: violation of Union contract, violation of Agency policies and procedures, intoxication or use of alcohol, illegal possession of or illegal use of drugs, incompetence, failure to meet Agency work and attendance standards, acts or omissions inconsistent with generally accepted standards of employee conduct, conduct that creates a conflict of interest with the mission of the agency, dishonesty, theft, fraudulent conduct, misconduct, insubordination to supervisors or unauthorized absence.

Intoxication or use of alcohol, illegal possession of or illegal use of drugs, use or threat to use a weapon, theft, fraudulent conduct, and physical violence during work time, are grounds for immediate dismissal, or other disciplinary action deemed warranted by Children’s Council Management.

Disciplinary actions with respect to non-introductory employees shall be subject to the grievance and arbitration provisions of this agreement.

An employee shall be provided with copies of any corrective written documentation in the employee's personnel file and may upon request review their personnel file. The employee shall be given an opportunity during normal working hours and without loss of pay to prepare a written response to such documentation within ten (10) business days. The employee’s written response shall be treated as confidential and placed in their personnel file with the attached documentation.

Children’s Council shall negotiate with the Union any management changes to the agency’s progressive discipline procedures.

POSITIVE PROGRESSIVE DISCIPLINE AND DISCHARGE POLICY

Positive progressive discipline may include verbal warnings, written warnings, probation, suspension and termination. Any verbal warning, written warning, corrective action plan, probation or suspension, and final written warning should be documented in writing, given to the employee and placed in the employee’s personnel file.

ARTICLE 15

ADJUSTMENT OF GRIEVANCES

DEFINITIONS

A grievance is defined as any written complaint between parties related to wages, hours, and conditions of employment of an employee, employees, or the Union involving the interpretation, application, or alleged violation of this agreement. A business day is a day on which the Employer's office is open for business unless otherwise defined herein.

The written grievance shall contain a clear written statement of the nature of the grievance, the date of the alleged violation, the Article(s) of the Agreement on which the grievance is based, the proposed remedy to the grievance and the signature of the affected employee and the Union.

No grievance material shall be placed in the personnel file of employees exercising their rights under the grievance procedure. Neither shall such material be considered in employee evaluations or application for employment in another job classification within the agency.

No employee at any stage of the grievance procedure shall be required to meet with any manager about the grievance outside the regular grievance process.

GRIEVANCE RELEASE TIME

A designated Union Steward shall be granted leave from duty without loss of pay for the purpose of meeting and conferring or representing an employee on a grievance not to exceed twenty (20) minutes per issue unless additional time is mutually agreed upon with Children’s Council Management. Such Steward shall first obtain permission from their manager, or in the absence of their manager, that manager’s manager before leaving their work location. Permission shall not be arbitrarily withheld. Any one (1) Union officer or Business Representative may act as a Steward.

Children’s Council Management and the Union agree that, in the case of any and all grievances over the interpretation or application of specific provisions of this Agreement, both parties will seek to resolve any and all grievance at the lowest possible level. If Children’s Council Management fails to comply with the grievance time limits, the grievance shall proceed through the steps below. Time limits may be extended upon mutual agreement by both parties. If the Union and/or employee fail to comply with the grievance time limits, the grievance shall be settled upon the basis of Children’s Council Management’s last response.

GRIEVANCE STEPS

The grievance procedure shall consist of the following steps:

Step 1—Prior to Filing a Grievance

The aggrieved employee shall first discuss their concern with their manager. If the employee fails to receive satisfaction from the manager, the aggrieved employee may then file a grievance with the Union within fifteen (15) business days after the occurrence or when the employee first had knowledge, or should have reasonably had knowledge, of the event that is the cause of the grievance.

Step 2—After a Grievance is Filed

The Union will inform HR of the grievance within five (5) business days and seek a mutually agreed upon time to meet within ten (10) business days to attempt to resolve the matter. The initial meeting must occur within thirty (30) business days after the occurrence or when the employee first had knowledge or should have reasonably had knowledge of the event that is the cause of the grievance.

Step 3—Internal Resolution

HR will conduct an investigation of the grievance and report to the Union within ten (10) business days or longer if mutually agreed. If the grievance cannot be resolved to the employee’s satisfaction, the matter may be taken to binding arbitration.

Step 4—Binding Arbitration

The Union may refer the grievance to arbitration by making a written request to the California State Mediation and Conciliation Service (CSMCS) for an arbitration panel of five (5) arbitrators and sending HR a written copy of the request. Within five (5) business days of receipt of this list of arbitrators from CSMCS, the parties shall meet and the aggrieved party shall strike the first name and thereafter the other party, alternating until one (1) arbitrator remains. That arbitrator shall be used to settle the grievance. The arbitrator shall not have the power to add to, subtract from or modify the terms of this Agreement. All expenses of arbitration shall be paid equally by both parties. The decision of the arbitrator shall be final and binding upon the parties and shall be issued within thirty (30) business days of the arbitration hearing. If needed, binding arbitration must take place within sixty-five (65) business days after the occurrence or when the employee first had knowledge or should have reasonably had knowledge of the event that is the cause of the grievance.

Deadlines in the grievance procedure may only be waived if the parties agree in writing. Unless there is a written waiver of the deadlines, if any of the deadlines are missed, the grievance will be deemed waived.

Expedited Arbitration

By written agreement of Children’s Council’s Chief Executive Officer and the Union, grievances which are referred to binding arbitration may be addressed using expedited rules which will include the following characteristics: 1) extensive efforts shall be made to stipulate the facts before the hearing; 2) no attorneys will be used; 3) there shall be no stenographic record of the proceedings; 4) only oral closing arguments will be used, no briefs; and 5) only an oral bench decision shall be required.

ARTICLE 16

MANAGEMENT RIGHTS

All management rights, powers, authority and functions, shall remain vested exclusively in Children’s Council Management. It is expressly recognized that such rights, powers, authority and functions include, but are not limited to, the control, management and operation of its business and its facilities; determination of the Agency mission and the services necessary to carry out that mission; the right and responsibility to maintain financial integrity of the agency; the rights to establish policies and procedures to ensure the provision of quality services to the children and families of San Francisco; budgeting for the Agency and the approval of projects or contracts that involve the Agency, the termination of such projects or contracts, and the solicitation of funds for Agency purposes; the right to terminate, or otherwise transfer its business or any part thereof; hiring, selection and training employees; scheduling, assigning, and promotion of employees; and all other rights and responsibilities dictated by California non-profit corporation law and not otherwise in conflict with other provisions of this Agreement.

It is the intention of Children’s Council Management and the Union that the rights, powers, authorities, and functions referred to herein shall remain exclusively vested in Children’s Council Management except insofar as specifically surrendered or limited by express provisions of this Agreement.

ARTICLE 17

NO STRIKE -- NO LOCKOUTS

The Union agrees that during the life of this Agreement, there shall be no strikes, work stoppages, sympathy strikes, slow-downs, interruptions, or delays of work of any nature or kind whatsoever. During the term of this Agreement, Children’s Council Management shall not lock out its employees.

ARTICLE 18

SAVINGS, SEPARABILITY AND MODIFICATION

Both parties agree to obey all applicable local, state and federal labor laws currently in existence as well as legislation passed during the life of this Agreement. In the event that any portion of this Agreement becomes ineffective as a result of any applicable local, state or federal law, only that portion of the Agreement so affected shall be ineffective. In such an instance, the parties shall promptly enter negotiations for a replacement clause.

No express provisions or term of this Agreement may be amended, modified, changed, altered, or waived except by a written document approved by Children’s Council Management and the Union.

ARTICLE 19

INTEGRATION

The parties acknowledge that during negotiations that 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 understanding and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

ARTICLE 20

SAFETY AND WORK RESTRICTIONS

The Employer will provide for the occupational safety and health of all employees, including the repair and service of equipment found to be unsafe, and abide by all applicable local, state and federal laws. To the extent mandated by those laws, employees shall not be required to participate in work activities under conditions which may physically endanger their personal safety or well-being.

Employees who have a preexisting medical condition, or employees who are pregnant, with a medical note may submit a request to HR for remote work accommodations. The Employer shall make first aid kits, COVID testing kits and PPE supplies available to employees.

COMPENSATION CLAIMS

The Employer shall provide worker's compensation for all employees. When an employee is injured on the job, they shall receive full pay for that day.

ARTICLE 21

EQUIPMENT, MILEAGE, TRANSPORTATION & TRAVEL

The Employer will provide employees all necessary equipment and supplies including computers and ergonomic supplies to perform their required work.

Employees who are required to use their own vehicle for job-related business shall be reimbursed based on the current IRS guidelines within ten (10) business days of the submission of appropriate receipts for Mileage, appropriate parking, toll bridge, and car sharing or public transportation expenses, incurred by them while fulfilling their responsibilities. Any such employee must provide evidence of a current and valid driver’s license, vehicle registration and auto liability insurance to Human Resources. Employees who have a preexisting medical condition, or who are pregnant and cannot work remotely, with proper documentation submitted to HR, shall have priority consideration for onsite parking accommodations.

ARTICLE 22

STAFF INPUT

The Chief Executive Officer and/or their designee agree to meet with the Union Leadership once a month for no more than one (1) hour, unless extended by mutual agreement. The purpose of the Leadership Meeting is to share information and address issues of importance to the Union and Management. The Leadership Meeting will include no more than five (5) members of the bargaining unit and no more than five (5) representatives of Management unless agreed to by Union Leadership and Management.

Approved minutes from the Leadership Meetings will be kept on file, summarized and shared in union meetings by the Union Leadership Team.

Children’s Council shall make available, upon request, agendas of the Children’s Council Board and committee meetings, and any changes in the regularly scheduled Board meetings or regular location. Unless in executive session, Board meetings are open to the public. With the exception of executive sessions, minutes of Board meetings will be made available. Employees shall have the right upon reasonable request and with prior approval of the Chairperson of the Board to address the Board of Directors and such approval should not be unreasonably withheld.

Children’s Council will conduct an annual meeting with employees to provide information and data on the status of the agency.

ARTICLE 23

JOB POSTING AND HIRING

Children’s Council will make every effort to distribute all job openings and post the deadline for submission, for the benefit of internal applications. All qualified internal applicants will receive priority consideration before external candidates are interviewed for the position. Any employee on leave of absence during the period of the posting shall be mailed a copy of the vacancy notice by a Union representative on the date the position is posted, if previously requested in writing. Such employees may authorize a Union Steward to file any application required on their behalf.

All vacancies will be filled in a timely manner. Children’s Council Management will offer an interview for any vacant position to bargaining unit employees who apply for and best meet the qualifications of the position. If at least one (1) internal candidate applies, no less than one (1) internal candidate will be interviewed. Any internal candidate who is not selected for a position will receive a written notice within ten (10) business days. An employee may request a meeting with the Human Resources Department or hiring manager for the position within ten (10) business days after receipt of notice of non-selection. The purpose of this meeting will be to discuss the recommendation(s) for employee growth and development.

TRANSFERS

When a vacancy occurs within a department of the agency, a transfer may be made from one program to another after a posting period of five (5) business days based upon seniority, qualification and demonstrated competence of the employee. These transfers require the concurrence of the two (2) department managers involved and HR.

All transfers shall be based on ability, qualification, and merit. If two (2) or more employees possess the same degree of skill, ability and qualification for the position, the job will be filled by the most senior employee. All employees that transfer to new positions will receive a copy of the job description for the new position and a copy of the new job description shall be put in their personnel file along with documentation of their transfer.

ARTICLE 24

TRAINING

The Employer makes a commitment to seek local resources for the purpose of providing training to ensure the highest quality services to the clients of the agency, as well as the professional growth and development of the employees. Employees will be reimbursed for expenses for job-related training approved by their manager.

Training will be offered or required based on objective needs of the agency, not arbitrarily or based on favoritism. The agency shall pay the costs of pre-approved Training and/or any related registration fees. All approved costs incurred under a mandated training program shall be reimbursed within twenty (20) business days of the submission of the request by the employee.

EDUCATION REIMBURSEMENT

The Employer shall attempt to accommodate reasonable work schedules for employees who are attending school. This section shall be enforced in a fair and equitable manner for all employees. The employee shall submit a request for reimbursement with as much advance notice as possible, keeping in mind that it can take up to two (2) months to receive approval. Children’s Council Management reserves the right to make the final decision concerning schedule changes, based on agency and/or department needs.

Children’s Council may reimburse an employee for tuition and related fees not to exceed $1,000 per[IT2]  person per fiscal year for taking courses of study on an off-duty status, if the content of the course directly benefits Children’s Council and contributes to the professional development of its employees. Such tuition reimbursement shall be subject to the prior approval of the CHRO, or their designee. The basis for the approval or denial may also include the financial condition of Children’s Council.

ARTICLE 25

SIGNIFICANT AND MINOR ADMINISTRATIVE CHANGES

The parties agree that Children’s Council funding is uncertain and subject to the shifting policies and priorities of its funders. The result can be the need to make frequent changes in administration, and operations and management of the organization.

Children’s Council Management reserves the right to make changes in working conditions and administration of programs without notice to or bargaining with the Union. Significant changes that affect Union members will be subject to notice and bargaining requirements with the Union.

ARTICLE 26

STEWARDS

The Employer agrees to recognize one (1) Union Steward and one (1) alternate Steward per job site, each of whom shall be duly designated by the Union and act as its agent. The Union will notify the Employer within five (5) business days of the name of the Union Steward(s) whenever it changes. They shall not be discriminated against by the Employer because of the performance of their duties as Steward. Any elected Union officer (Chair, Vice-Chair, Secretary or Sergeant-at-arms) or business representative may act as Union Steward and will be granted the same protection as outlined below.

A designated Union Steward shall be granted leave from duty without loss of pay for the purpose of meeting and conferring with or representing an employee on matters within the scope of this Agreement, not to exceed twenty (20) minutes per issue unless more time is mutually agreed upon with Management. Such Steward shall first obtain permission from their immediate manager or that manager’s manager before leaving their work location. Permission shall not be arbitrarily withheld.

Union Stewards shall have the authority to file notice and take action on behalf of bargaining unit members who give them written consent relative to rights afforded them under this Agreement. Stewards shall be entitled to seek and obtain assistance from Union staff, for the purpose of processing grievances and matters related thereto and other reasons relating to wages, hours, and terms and conditions of employment covered by this Agreement.

ARTICLE 27

TERMS OF AGREEMENT

All terms of this Agreement shall be effective September 1, 2022 and shall remain in effect until September 30, 2026. No other part of the contract will be renegotiated during this period.

This Agreement shall continue from year-to-year thereafter unless terminated by giving sixty (60) calendar days’ written notice by either party to the other. The notice shall state its intention to terminate this Agreement. 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) calendar 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.

Within sixty (60) days of the day this contract is approved by both parties, the Union will prepare and submit the final version to Children’s Council Management for review and approval. The Union will distribute copies of this Agreement to all bargaining unit members.

On or by September 30, 2026 the Union and the Employer shall reopen negotiations for the full contract. The Union agrees to present to the employer its initial proposal no later than thirty (30) calendar days following submission of the written notice.

This Agreement is executed this 25th day of August 2022 by the parties.

THE EMPLOYER                                                                FOR THE UNION

Children’s Council of San Francisco                                  Local Union #1991

By

_________________________________                                                                                    __________________________

Gina Fromer, PhD                                                             Chris Graeber

Chief Executive Officer                                                       Field Representative

Children’s Council of San Francisco                                  Local Union #1991 / DC36

RESULTS: 84%of the Union body voted and of the 68 people who voted 98.5% voted YES to the contract! We are in agreement! 

We are writing regarding the Non Profit Public Access Ordinance (see below). The Union requests the date, time, and location of all scheduled Board meetings, including the two Board meetings that will be open to the public.

Non Profit Public Access Ordinance

Chapter 12L of the San Francisco Administrative Code

1. Which Non-Profits Are Covered?

The Chapter 12L applies to non-profits that receive at least $250,000 per year in funding provided by or through the City.

2. What Are Covered Non-Profits Required To Do?

a. Open Board Meetings

§     At least 2 Board meetings per year must be open.

§     Members of the public who attend must be allowed to address the Board; there must be at least 30 minutes of designated public comment.

§     At least 30 days before the public Board meeting, the nonprofit must send written notice of the meeting date, time and location to the Clerk of the Board of Supervisors for posting (City Hall, Room 244, SF, CA 94102); and to the San Francisco Main Library Government Information Center (100 Larkin St, SF, CA 94102) (Adm. Code 12L.4 (d) (2).

§     Upon request, a member of the public must be told the time, date and place of the open Board meeting.

Note: Open meeting requirements do not apply to non-profits engaged primarily in abortion counseling, abortion services, domestic violence sheltering or suicide prevention. The portion of any non-profits’ Board meeting wherein client or donor confidential information is being discussed may be closed to the public.

SF Local, State & Federal Legislators

San Francisco Supervisors

• The Hon. Connie Chan, District 1

• The Hon. Catherine Stefani, District 2

• The Hon. Aaron Peskin, District 3

• The Hon. Gordon Mar, District 4

• The Hon. Dean Preston, District 5

• The Hon. Matt Dorsey, District 6

• The Hon. Myrna Melgar, District 7

• The Hon. Rafael Mandelman, District 8 

• The Hon. Hillary Ronen, District 9 

• The Hon. Shamann Walton, District 10 —President of the Board

• The Hon. Ahsha Safai, District 11  

San Francisco State Legislators

• The Hon. Matt Haney, California Assembly 

• The Hon. Phil Ting, California Assembly 

• The Hon. Scott Weiner, California Senate 

San Francisco Federal Legislators

• The Hon.  Alex Padilla, U.S. Senate 

• The Hon. Dianne Feinstein, U.S. Senate 

• The Hon. Nancy Pelosi, U.S. House of Representatives  

Workers need a livable wage 

Californians may have gotten temporary relief recently when gas prices finally fell to about $6 a gallon this month, down from as high as $8 per gallon in June in Los Angeles County. Inflation has rocked the economy, soaring 9.1% from a year ago in June.

But even before inflation spiked, Californians were already weathering an affordability crisis. California has some of the nation’s highest housing expenses, the most expensive gas and the third highest overall cost of living. A single adult in California needs to earn at least $21.82 an hour to make ends meet, according to a living wage calculator by the Massachusetts Institute of Technology.

California’s low-wage workers need a minimum wage hike. The Legislature should make it happen.

Californians almost got a chance to vote to raise the minimum wage this year. In December, entrepreneur and anti-poverty advocate Joe Sanberg launched the campaign to put the California Living Wage Act of 2022 on the November ballot. The initiative aimed to gradually raise the state’s minimum wage to $18 by 2025. But it failed to qualify for the upcoming election because counties were unable to verify enough signatures in time. Sanberg sued to force Secretary of State Shirley Weber to place the measure on this year’s ballot, but a judge last week found that Weber had acted properly and ruled against the campaign for missing a key deadline. The measure has instead qualified for the 2024 ballot.

If voters want a minimum wage bump sooner, it will likely need to come from the Legislature.

California Assembly Speaker Anthony Rendon’s office told me he hasn’t weighed in on the lawsuit but that “he’s always supportive of efforts to raise the minimum wage.” Good. Then why wait for voters to decide in 2024? The Legislature and Gov. Gavin Newsom could act sooner to lift up low-wage earners.

In 2016, the Legislaturepassed a $15 minimum wage, with polling suggesting most voters supported the policy. Now there may be concerns that raising the minimum wage will fuel inflation by increasing the costs of goods and labor. But that shouldn’t be a serious worry. A policy brief by Michael Reich, a professor at UC Berkeley, found that if implemented, the California Living Wage Act would raise prices by just .042% over three years, debunking possible fears that higher wages will stoke inflation.

The brief also found that raising the minimum wage to $18 by 2025 would lift 3.5 million Californians above the federal poverty line and would give each affected worker an average annual income boost of $1,349. This has “small, minuscule effects on prices,” Ken Jacobs, chair of the UC Berkeley Center for Labor Research and Education, told me. But he said it has a “meaningful effect on wage workers’ pay.”

Another reason fears of inflation are likely unwarranted: The proposal isn’t a large step up in wages. Jacobs estimates that the $1,349 average income boost represents a roughly 5% increase in workers’ wages.

That doesn’t mean such a measure would have no effect on businesses and consumer prices. Studies find that minimum wage laws result in a modest rise in prices and a minimal increase in unemployment rates in some sectors, such as manufacturing.

The policy brief reports that minimum wage workers are concentrated in just a few industries. Two of them — restaurants and retail — employ 31% of California’s minimum wage workers and would shoulder the costs associated with an $18 minimum wage by raising prices for consumers. But the brief notes the price increases are not expected to be large enough to significantly drive down consumer demand in those industries.

Still, some businesses, especially those with few employees and thin profit margins, could suffer as a result of raising the minimum wage, and their costs could very well increase, even if the overall burden on the economy is slight.

“Call small businesses and ask them when the minimum wage goes up if they will eat it or if they will pass the cost on to their customer. I bet if you called 50, all 50 would tell you, ‘Yes, we will pass the cost of the increased expense on to our customers,’” Clint Olivier, CEO of Business Federation of the Central Valley and a former Fresno City Council member, told me.

This is the heart of policymaking: accepting necessary trade-offs. In this case, the need for poverty relief should be our top priority

With a minimum wage roughly twice of the $7.25 federal mandate, California is sometimes perceived as a state of progress and prosperity. But for many the reality is one of crummy wages and a cycle of poverty; the state’s average per capita income was still a meager $38,576 in 2020, according to the Census Bureau, with the highest poverty rate in the country when the cost of living is factored in.

If the Legislature doesn’t act now, workers could lose the crucial gains of this measure. Though 37 localities have their own higher wage standards and inflation adjustments, some of which could reach close to $18 by 2025, many others do not. The UC Berkeley policy brief notes that two-thirds of California’s private sector workers live outside such counties, meaning they would only receive the state’s automatic minimum wage increase. That figure is set to reach $16.50 by 2025.

It’s time to give workers a dignified wage — one that affords them adequate food, housing and transportation.

— Isaac Lozano, an intern with the editorial board

Non Profit Public Access Ordinance

Chapter 12L of the San Francisco Administrative Code

1. Which Non-Profits Are Covered?

The Chapter 12L applies to non-profits that receive at least $250,000 per year in funding provided by or through the City.

2. What Are Covered Non-Profits Required To Do?

a. Open Board Meetings

• At least 2 Board meetings per year must be open.

• Members of the public who attend must be allowed to address the Board; there must be at least 30 minutes of designated public comment.

• At least 30 days before the public Board meeting, the nonprofit must send written notice of the meeting date, time and location to the Clerk of the Board of Supervisors for posting (City Hall, Room 244, SF, CA 94102); and to the San Francisco Main Library Government Information Center (100 Larkin St, SF, CA 94102) (Adm. Code 12L.4 (d) (2).

• Upon request, a member of the public must be told the time, date and place of the open Board meeting.

Note: Open meeting requirements do not apply to non-profits engaged primarily in abortion counseling, abortion services, domestic violence sheltering or suicide prevention. The portion of any non-profits’ Board meeting wherein client or donor confidential information is being discussed may be closed to the public.

b. Public Access to Financial Records

The public is entitled upon request to inspect and copy:

1. Most recent budget

2. Most recent tax return

3. Financial audits or performance evaluation completed in the last two years by or for the City, so long as the City has not designated them as confidential 

Note: The public may inspect these documents during the organizations’ regular business hours and receive copies. The nonprofit may charge 10 cents per page for copying.

c. Community Representation on the Board

Non-profits are required to make a good faith effort to include on its Board at least one member of the community served by the nonprofit. The nonprofit is required to give public notice of Board vacancies, allow members of the public to nominate themselves for Board membership and allow the public to comment on Board membership.

3. Enforcement

The ordinance provides for a three stage dispute resolution process if a complaint is filed by a member of the public (review and recommendation by the contracting City department, review by the Sunshine Ordinance Task Force and review and recommended resolution by the Board of Supervisors). If there are material breaches in compliance by the nonprofit, the contracting department is authorized, but not required to terminate or decline to renew the contract.

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Link to Financial Information regarding Children's Council of San Francisco 2019 Report

https://projects.propublica.org/nonprofits/organizations/942221305/202110999349300936/full