MEMORANDUM OF UNDERSTANDING BETWEEN STAFF AND

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

MEMORANDUM OF UNDERSTANDING

BETWEEN

STAFF AND PER DIEM NURSES, SEIU LOCAL 1021

AND

CITY AND COUNTY OF SAN FRANCISCO

JULY 1, 2022 - JUNE 30, 2024

PER DIEM RELATED PROVISIONS ARE IN ITALICS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

TABLE OF CONTENTS

ARTICLE I. REPRESENTATION ............................................................................................ 1

I.A. RECOGNITION ................................................................................................... 1

I.B. INTENT ................................................................................................................. 1

I.C. NO WORK STOPPAGES .................................................................................... 2

I.D. OBJECTIVE OF THE CITY ............................................................................... 2

I.E. OFFICIAL REPRESENTATIVES AND STEWARDS .................................... 2

Official Representatives .......................................................................................... 2

Stewards .................................................................................................................. 3

I.F. RELEASE TIME FOR SFGH CHAPTER PRESIDENT AND DESIGNEES 5

I.G. DISSEMINATION OF UNION INFORMATION ............................................ 5

Bulletin Boards ....................................................................................................... 5

Location of Bulletin Boards .................................................................................... 6

Distribution of Union Literature ............................................................................. 6

I.H. CPHS PROFESSIONAL PERFORMANCE COMMITTEE ........................... 7

I.I. UNION ACCESS ................................................................................................... 8

I.J. MANAGEMENT RIGHTS & RESPONSIBILITIES ....................................... 8

I.K. UNION SECURITY .............................................................................................. 9

I.L. GRIEVANCE PROCEDURE ............................................................................ 10

Definition .............................................................................................................. 10

Grievance Description ........................................................................................... 10

Procedure............................................................................................................... 10

Time Limits ........................................................................................................... 10

Employee Grievance Procedure ............................................................................ 11

Expedited Arbitration ............................................................................................ 13

Rights of Individuals ............................................................................................. 14

"Skelly Rights” ...................................................................................................... 14

Disciplinary Action Appeal Procedure For P103 Per Diem Nurses .................... 14

ARTICLE II. EMPLOYMENT CONDITIONS ..................................................................... 16

II.A. NO DISCRIMINATION .................................................................................... 16

Discrimination Prohibited ..................................................................................... 16

No Discrimination on Account of Union Activity ................................................ 16

Reasonable Accommodation ................................................................................. 16

II.B CIVIL SERVICE EXAMINATIONS ............................................................... 17

1. CIVIL SERVICE EXAMS FOR STAFF NURSES ................................. 17

2. PROBATIONARY PERIOD .................................................................... 17

II.C SUBCONTRACTING OF WORK .................................................................... 18

Required Notice to the Union on Prop J Contracts ............................................... 18

Non-Prop J Contracts ............................................................................................ 19

II.D. REIMBURSEMENT OF WORK RELATED EXPENSES ............................ 20

Use of Private Automobiles .................................................................................. 20

Auto Insurance Deductible .................................................................................... 21

Reimbursement for Stolen Property ...................................................................... 21

Use of Personal Cell Phone ................................................................................... 21

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

iii

Recovery of Overpayment. ................................................................................... 21

Payroll Procedures ................................................................................................ 22

II.E. LAYOFF .............................................................................................................. 22

Severance .............................................................................................................. 22

Mandatory Furloughs ............................................................................................ 23

2328 Nurse Practitioner......................................................................................... 23

Joint RN/DPH Monitoring Committee Meetings ................................................. 23

Layoff Limitations ................................................................................................ 23

II.F. PUBLIC HEALTH NURSE DUTIES ............................................................... 23

Public Health Nurse Caseloads ............................................................................. 24

Hazardous Situations ............................................................................................. 24

Home Care Program .............................................................................................. 24

II.G. NURSE PRACTITIONERS ............................................................................... 24

Scope of Practice ................................................................................................... 24

Voluntary Job Sharing .......................................................................................... 25

Standardized Procedures ....................................................................................... 25

Primary Care Patient Caseload ............................................................................. 25

Productivity ........................................................................................................... 25

Advanced Practice Council .................................... Error! Bookmark not defined.

Professional Development .................................................................................... 26

II.H. CLINICAL NURSE SPECIALISTS ................................................................. 26

II.I. INDEMNIFICATION AND DEFENSE OF CITY EMPLOYEES ................ 27

II.J. CHANGES IN PERSONNEL POLICY ........................................................... 27

Departmental Changes .......................................................................................... 27

City Changes ......................................................................................................... 27

II.K. CONSCIENTIOUS OBJECTOR ...................................................................... 27

II.L. PERSONNEL FILES .......................................................................................... 27

II.M. PERFORMANCE EVALUATIONS ................................................................. 28

II.N. DEVELOPMENT PLANS ................................................................................. 28

II.O. LOUNGES AND EATING FACILITIES ......................................................... 29

II.P. PARKING FACILITIES .................................................................................... 29

II.Q. INACTIVE STATUS and STATUTORY LEAVES FOR EXTERNAL P103 PER DIEM

NURSES ........................................................................................................................... 30

II.R. COMMITTEE ON DIVERSITY, EQUITY AND INCLUSION .................... 30

ARTICLE III. PAY, HOURS AND BENEFITS ..................................................................... 32

III.A. SCHEDULES OF COMPENSATION .............................................................. 32

Class 2830 Public Health Nurses .......................................................................... 32

III.B. WORK SCHEDULE ........................................................................................... 32

Normal Work Schedules ....................................................................................... 32

Voluntary Reduced Workweek ............................................................................. 34

Part-time Work Schedule ...................................................................................... 35

Part-Time Night Shift ............................................................................................ 36

III.C. COMPENSATION FOR VARIOUS WORK SCHEDULES ......................... 36

Normal Work Schedule ......................................................................................... 36

Part-time Work Schedules..................................................................................... 36

III.D. ADDITIONAL COMPENSATION ................................................................... 36

Shift Differential ................................................................................................... 36

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Bilingual Pay ......................................................................................................... 36

Supervisory Differential Adjustment .................................................................... 37

Standby Pay ........................................................................................................... 37

Callback Pay.......................................................................................................... 38

Quality of Care Premium ...................................................................................... 38

Health at Home On-Call Premium ........................................................................ 38

Weekends Off For Nurses ..................................................................................... 38

Weekend Premium ................................................................................................ 39

Court Duty Compensation and Jury Duty ............................................................. 39

Charge Nurse and Acting Assignment Pay ........................................................... 40

Preceptor and MERT Premiums ........................................................................... 41

Class 2323 Clinical Nurse Specialist Pager Premium .......................................... 41

Jail Health Services Premium ............................................................................... 42

III.E. OVERTIME COMPENSATION ...................................................................... 42

III.F. HOLIDAYS AND HOLIDAY PAY .................................................................. 44

Holiday Compensation for Time Worked ............................................................. 44

Holidays for Employees on Work Schedules Other Than Monday Through Friday45

Holiday Pay for Employees Laid Off.................................................................... 46

Employees Not Eligible for Holiday Compensation ............................................. 46

Part-time Employees Eligible for Holidays .......................................................... 46

Holiday Scheduling ............................................................................................... 46

III.G. SALARY STEP PLAN AND SALARY ADJUSTMENTS ............................. 47

Promotive Appointment in a Higher Class ........................................................... 47

Provisional to Promotive ....................................................................................... 47

Nonpromotive Appointment ................................................................................. 48

Appointment Above Entrance Rate ...................................................................... 48

Determination of Pay for Position Formerly Exempt ........................................... 49

Appointive Position ............................................................................................... 49

Reappointment with Six (6) Months ..................................................................... 49

Compensation Adjustments .................................................................................. 49

Compensation Upon Transfer or Reemployment ................................................. 50

III.H. CHANGE IN STATUS ....................................................................................... 51

Dual Status Nurses ................................................................................................ 51

III.I. SENIORITY INCREMENTS ............................................................................ 52

Step Advancement for As-Needed Nurses ............................................................ 52

Date Increment Due .............................................................................................. 52

Exceptions ............................................................................................................. 52

III.J. SENIORITY INCREMENTS/P103 PER DIEM NURSES ............................. 52

Step Advancement for External P103 Per Diem Nurses ....................................... 52

Retiree P103 and As-Needed Nurses .................................................................... 53

III.K. SENIORITY AND SHIFT ASSIGNMENT/STAFF NURSES ....................... 53

Seniority Defined .................................................................................................. 53

Seniority for Purposes of Layoff ........................................................................... 53

Seniority for Purposes of Shift Assignment .......................................................... 53

Guidelines for Shift Changes for Worksites with Multiple Shifts ........................ 53

Twelve (12) Hour Shifts (S.F. General Hospital) ................................................. 54

(S.F. General Hospital Inpatient Nursing Department Only) ............................... 54

III.L. SENIORITY AND SHIFT ASSIGNMENT/P103 PER DIEM NURSES .......... 55

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Definitions ............................................................................................................. 56

Utilization of Outside Per Diems versus Inside Per Diems .................................. 56

Scheduling Procedures.......................................................................................... 57

Short Call Assignment ........................................................................................... 58

Cancellation .......................................................................................................... 58

III.M. HEALTH INSURANCE ...................................................................................... 59

1. HEALTH INSURANCE ........................................................................... 59

2. HEALTH INSURANCE /P103 PER DIEM NURSES ................................ 60

III.N. DENTAL INSURANCE ..................................................................................... 60

III.O. BENEFITS WHILE ON UNPAID STATUS .................................................... 60

III.P. LONG TERM DISABILITY ............................................................................. 60

III.Q. RETIREMENT CONTRIBUTION ................................................................... 60

III.R. TIME OFF FOR VOTING ................................................................................ 61

III.S. LONGEVITY LEAVE ....................................................................................... 61

III.T. VACATION SCHEDULING ............................................................................. 61

III.U. CHILDCARE ...................................................................................................... 62

Dependent Care Assistance Program (DCAP) ...................................................... 62

Child Care Referral Fair and Enhanced Referral Package .................................... 63

III.V. MATERNITY/CHILD CARE LEAVE ............................................................ 64

Adoption ................................................................................................................ 64

III.W. REQUESTS FOR VOLUNTARY REASSIGNMENTS ................................. 65

III.X. MUNICIPAL TRANSPORTATION AGENCY PASSES .............................. 68

1. Staff Nurses .............................................................................................. 68

2. Per Diem Nurses ....................................................................................... 68

III.Y. STAFF NURSE EXPENSES ALLOWANCE .................................................. 68

1. Staff Nurses ............................................................................................... 68

2. Per Diem Nurses ....................................................................................... 68

III.Z. STATE UNEMPLOYMENT AND DISABILITY INSURANCE .................. 68

1. Staff Nurses .............................................................................................. 68

2. Per Diem Nurses ....................................................................................... 69

III.AA. PAID SICK LEAVE ORDINANCE .............................................................. 69

III.BB. LIFE INSURANCE ......................................................................................... 69

ARTICLE IV. TRAINING AND CAREER DEVELOPMENT ............................................ 70

IV.A. EDUCATIONAL OPPORTUNITIES ............................................................... 70

1. Special Educational Leave for Health Personnel ...................................... 70

2. Mandatory Class Scheduling and Testing ................................................. 71

3. Nursing Education Program.………...…………………………………... 71

4. Tuition Reimbursement ............................................................................. 71

5. Orientation and In-Service Education ....................................................... 73

6. Out of Specialty Assignments ................................................................... 73

7. Continuing Education ............................................................................... 73

8. Registered Nurse Crosstraining Program .................................................. 74

IV.B. TRAINING CLASSES FOR P103 PER DIEM NURSES ................................. 75

IV.C. CHARGE NURSE TRAINING ......................................................................... 75

IV.D. NURSING SPECIALTY AREA TRAINING ................................................... 75

1. STAFF NURSES ...................................................................................... 75

2. PER DIEM NURSES ................................................................................. 76

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

IV.E. REIMBURSEMENT FOR MANDATORY STATE OF CALIFORNIA LICENSES

ARTICLE V. WORKING CONDITIONS .............................................................................. 78

V.A. STAFFING .......................................................................................................... 78

1. Commitment to Staffing Levels ................................................................ 78

2. Staffing ...................................................................................................... 78

Standards of Care ................................................... Error! Bookmark not defined.

a. S.F. General Hospital ................................................................................ 78

Medical-Surgical ................................................................................................... 79

Critical Care .......................................................................................................... 80

Maternal Child Health ........................................................................................... 81

Psychiatric as of July 1, 2016 ................................................................................ 83

Psychiatric Emergency Service Staffing (PES) as of July 1, 2016 ....................... 84

SFGH Emergency Department (ED) .................................................................... 84

Determination of Acuity ....................................................................................... 87

Evaluation of Staffing Methodology ..................................................................... 88

b. Laguna Honda Hospital (LHH) ................................................................. 88

c. Jail Health Services (JHS) ......................................................................... 89

d. Clinical Services at Juvenile Justice Center – Special Programs for Youth (“SPY”)

Clinic 91

e. Tom Waddell Clinics ................................................................................ 91

f. San Francisco Behavioral Health Center (SFBHC) Mental Health Rehabilitation

Facility .................................................................................................................. 91

g. Health at Home ......................................................................................... 91

h. Filling of Positions ................................................................................... 92

i. Overtime....................................................................................................... 92

j. Dispute Resolution ....................................................................................... 92

V.B. SFGH SKILLED NURSING FACILITY - HOURS PER PATIENT DAY (HPPD)

Skilled Nursing Facility ........................................................................................ 95

V.C. STAFFING AS OF 7/1/19 .................................................................................. 97

V.D. JOINT RN/DPH MONITORING COMMITTEE ........................................... 99

V.E. HEALTH AND SAFETY ................................................................................. 101

Commitment to Safe and Healthy Work Environment ....................................... 101

The Department of Public Health Bloodborne Pathogen Safety Devices Committee 101

Information .......................................................................................................... 104

Alternative Assignments ..................................................................................... 104

Labor Code Compliance ..................................................................................... 104

SMART Training ................................................................................................ 104

Battery Leave with Pay for Assaulted Employees .............................................. 104

Traumatic Event .................................................................................................. 105

SFGH Violence Prevention Team ....................................................................... 105

Safe Patient Handling and Movement Policy ..................................................... 106

Joint Labor-Management Occupational Safety and Health Committee ............. 108

Assault Prevention .............................................................................................. 108

Mandatory HIV Testing ...................................................................................... 108

Reassignment Following Assault ........................................................................ 109

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

vii

V.F. JAIL HEALTH SERVICES DIVISION ......................................................... 109

V.G. THE IMPAIRED NURSE ................................................................................ 109

V.H. SFGH BUILDING 25 ........................................................................................ 109

V. I. TELECOMMUTING………………………………………………………….110

ARTICLE VI. SCOPE ............................................................................................................. 111

VI.A. ADMINISTRATIVE PROVISIONS ............................................................... 111

1. STAFF NURSES .................................................................................... 111

2. PER DIEM .............................................................................................. 111

VI.B. SCOPE OF AGREEMENT .............................................................................. 111

VI.C. CIVIL SERVICE COMMISSION JURISDICTION .................................... 111

VI.D. SAVINGS CLAUSE .......................................................................................... 112

VI.E. DURATION ....................................................................................................... 112

APPENDIX A: PROPOSED WORKPLAN FOR THE LABOR/MANAGEMENT OSH

COMMITTEE ........................................................................................................................... 116

APPENDIX B ............................................................................................................................ 121

APPENDIX C: UNION ACCESS TO NEW EMPLOYEES PROGRAM .......................... 122

SIDE LETTER OF AGREEMENT: SFGH LABOR MONITORING COMMITTEE ..... 127

SIDE LETTER OF AGREEMENT: VOLUNTARY REDUCED WORK PERIOD FOR PUBLIC

HEALTH NURSES ................................................................................................................... 128

SIDE LETTER OF AGREEMENT: SFGH JUST CULTURE PROCESS PILOT PROGRAM

(PILOT PROGRAM) ............................................................................................................... 129

RE: SIDE LETTER - CREATION OF AN EVENING SHIFT PARKING PROGRAM . 130

SIDE LETTER OF AGREEMENT: ED STAFFING ........................................................... 131

SIDE LETTER OF AGREEMENT: LHH NEW GRADUATE PROGRAM ..................... 132

SIDE LETTER OF AGREEMENT: NEW GRADUATES…………………………………132

SIDE LETTER OF AGREEMENT: NURSE STAFFING AND HIRING ......................... 134

SIDE LETTER OF AGREEMENT: DHR HIRING PROPOSALS……………………….136

INFORMATION ITEMS ......................................................................................................... 138

BEFORE THE WORKERS' COMPENSATION APPEALS BOARD ................... 138

HANDLING OF HIV+ CLAIMS ................................................................................ 138

CITY ATTORNEY LETTER/JANE DOE ................................................................. 138

CIVIL SERVICE RULE 120, LEAVES OF ABSENCE……………………………143

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

ARTICLE I. REPRESENTATION

I.A. RECOGNITION

1. The City acknowledges that the Union has been certified by the Civil Service Commission as the

recognized employee representative, pursuant to the provisions of the City's Employee Relations

Ordinance for the following classifications included in the non-supervisory registered nurse unit:

2320 Registered Nurse - Unit 42

2323 Clinical Nurse Specialist - Unit 42

2325 Nurse Midwife – Unit 42

2330 Anesthetist - Unit 42

2830 Public Health Nurse - Unit 42

2328 Nurse Practitioner - Unit 42

P103 Per Diem Registered Nurses, Unit 42

2. The terms and provisions of this MOU shall also be automatically applicable to any classifications

designated for inclusion in this unit for which the Union has become appropriately recognized during

the term of this agreement.

3. It is the intent of the parties signatory hereto that the provisions of this MOU shall not become binding

until adopted or accepted by the Board of Supervisors and the City and County of San Francisco by

appropriate action and ratified by the Registered Nurse membership of the Union. Moreover, it is the

intent of the Board of Supervisors acting on behalf of the City to agree to wages, hours and other terms

and conditions of employment as are within the Board's jurisdiction, powers and authority to act as

defined by the Charter, state law, California Constitution and other applicable bodies of the law. The

Board does not intend nor attempt to bind any board, commission or officer to any provisions of this

agreement over which the Board has no jurisdiction.

I.B. INTENT

4. Each existing ordinance, resolution, rule or regulation over which the Board of Supervisors has

jurisdiction pursuant to provisions of the San Francisco Charter, and which is specifically changed or

modified by the terms of this MOU, shall be deemed incorporated in this MOU in its changed or

modified form from the effective date of this MOU to and including the date of expiration thereof.

5. The Employee Relations Director and the Union negotiating team shall present one full tentative

agreement, signed by the Employee Relations Director and representatives of the Union negotiating

team, to the Board of Supervisors and the Union Registered Nurse membership for ratification within

sixty (60) days of signing of such full tentative agreement.

6. The City agrees to notify the Union in advance of any intended changes in working conditions within

the scope of representation which fall within the authority of the City and shall meet and confer and

endeavor to reach an agreement with the Union prior to implementation of any intended action

provided, however, that in cases of emergency, action may be taken on working conditions within the

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

authority of the City without meeting the above requirements. In such instances the City agrees to

meet and confer as soon as possible after taking emergency action.

I.C. NO WORK STOPPAGES

7. It is mutually agreed and understood that during the period this MOU is in force and effect the Union

will not authorize or engage in any strike, sympathy strike, slowdown or work stoppage. As required

by the Charter, represented employees are also bound by the above, as are all other city and county

employees. The City agrees not to conduct a lockout against any of the employees covered by this

MOU during the term of this agreement.

I.D. OBJECTIVE OF THE CITY

8. It is agreed that the delivery of municipal services in the most efficient, effective and courteous manner

is of paramount importance to the City and its employees. Such achievement is recognized to be a

mutual obligation of the parties to this MOU within their respective roles and responsibilities.

9. The Union recognizes the City's right to establish and/or review performance standards or norms

notwithstanding the existence of prior performance levels, norms or standards. Such standards,

developed by usual work measurement procedures may be used to determine acceptable performance

levels, prepare work schedules, and to measure the performance of each employee or group of

employees. To the extent required by Government Code Section 3504 and the Employee Relations

Ordinance the City shall meet and confer with the Union on the establishment or revision of

performance standards or norms.

10. Employees who work at less than acceptable levels of performance may be subject to disciplinary

measures in accordance with applicable Charter provisions and rules and regulations of the Civil

Service Commission and the provisions of this Agreement.

I.E. OFFICIAL REPRESENTATIVES AND STEWARDS

Official Representatives

11. The Union may select as many as one (1) employee member of such organization from the appropriate

unit represented by such organization, and one (1) additional such employee member for each two

hundred fifty (250) employees or fraction thereof, in excess of two hundred (200) employees in such

unit, to attend, during regular duty or work hours without loss of compensation, meetings scheduled

with the Director of Employee Relations, the appointing officer or a board or commission when such

meetings have been scheduled for the purpose of meeting and conferring on matters within the scope

of representation affecting such appropriate unit, and to participate in the discussions, deliberations,

and decisions at such meetings. The selection of such employee members, or substitutions or

replacements therefore, and their attendance at meetings during their regular duty or work hours, shall

be subject to the following:

12. The organization's duly authorized representative shall inform in writing the department head or officer

under whom each selected employee member is employed that such employee has been selected.

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

13. No selected employee member shall leave the duty or work station, or assignment without specific

approval of the employee's department head or other authorized executive management official.

14. In scheduling meetings due consideration shall be given to the operating needs and work schedules of

the department, division, or section in which the employee members are employed.

15. Nurses who are assigned to work-related committees such as, but not limited to, PICS, Health and

Safety, and Emergency Department Leadership, and attend during work hours will be given release

time subject to staffing requirements. Attendance during non-work hours will be compensated as work

time.

Stewards

16. The number and work location of Union stewards shall be as provided below. During the term of the

agreement, the parties will meet to discuss any proposed changes to the allocation of these numbers:

17. San Francisco General Hospital

A. Medical/Surgical 9

B. Critical Care 4

C. Peri-Op (OR, PACU, Surgery

Center, Cath Lab, I/R) 3

D. ED 4

E. Psychiatry 3

F. Specialty Clinics 4

G. MCH (L/D, Peds, NICU) 4

H. CASARC/RTC 2

SUB-TOTAL 33

18. Laguna Honda Hospital

A. Day Shift 6

B. P.M. Shift 4

C. Night Shift 4

SUB-TOTAL 14

19. Population Health, Primary Care,

Health at Home, Mental Health and MCAH 14

20. Jail Health Services 4

21. SFBHC 3

22. TOTAL DEPARTMENT 68

23. When a unit or facility is added or deleted, the Union and the City shall renegotiate the number of

stewards.

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

24. The Union recognizes that it is the responsibility of the Union steward to assist in the resolution of

grievances at the lowest possible level. Reasonable time off will be granted by the City for the Union

Steward to present grievances subject to the following conditions:

25. (1) The Union Steward has been recognized in accordance with paragraph 32 herein.

26. (2) The employee represented by the Union Steward is covered by this MOU.

27. (3) The Union Steward is representing an employee assigned to the Steward's area of

jurisdiction as described herein, provided that, in the event the designated steward is

absent, a substitute steward may be used within the same clinical area at San

Francisco General Hospital. In other Department of Public Health facilities, the

nearest substitute steward may be used. The Union agrees to equally distribute

substitute steward assignments so that such assignments do not fall

disproportionately on the same stewards.

28. (4) In no event shall more than one (1) steward and one shop steward trainee observer

be released from duty at any time to represent an employee.

29. The Union Steward shall not interfere with the work of any employee. The steward shall not have the

right to interview patients or visitors.

30. If, in the judgment of the supervisor, because of the necessity of maintaining adequate patient care,

permission cannot be granted immediately to the Union steward in order to present a grievance during

on-duty time, such permission shall be granted by the supervisor no later than the next working day

from the date the Union steward has been denied permission.

31. In emergency situations where immediate disciplinary action must be taken because of a violation of

law or a City or departmental rule (intoxication, theft, etc.) the Union steward shall, if possible, be

granted immediate permission to leave the steward’s post of duty to assist in the grievance procedure.

32. The City and the Union agree that the Union steward can be effectively used to perform a beneficial

service to employees,[including probationary employees (does not apply to P103 Per Diem Nurses)]

by providing counseling regarding poor performance, attendance, abuse of sick leave and other leave

provisions, conduct violations, abuse of alcohol or drugs in informing employees of available treatment

centers for these problems, etc., and thereby assist management in correcting the situation and

minimizing the necessity of disciplinary or adverse action. Employees shall be advised of this

provision and, with their written consent, the supervisor concerned will fully inform the appropriate

Union steward and request assistance in counseling the employees whether jointly or separately.

Additionally, the Union agrees to apply its resources to assist in resolving such problems. This

assistance may be provided through Union-sponsored classes during off-duty hours.

33. It will be the Union's responsibility to furnish the City with an accurate list of Union stewards in each

facility within one (1) month of the signing of this Agreement or upon written request of the

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Department. The Union may submit amendments at any time because of the permanent absence of a

designated Union Steward. If a Union steward is not officially designated by the Union, none will be

recognized for that area or shift.

34. Except in case of extreme emergency, management will give at least two (2) calendar weeks’ notice if

it is proposed that a Union steward is to be transferred to another work shift, site or location.

35. Any meeting of Union steward and supervisor shall be held in private surroundings and shall be held

in a quiet, dignified manner. Any communications between staff shall occur in a quiet, dignified

manner, and in private surroundings where appropriate, including but not limited to discussions

regarding corrective action.

Union Steward and Representative Training

36. Each newly-elected Union Steward shall be allowed four (4) hours of paid release time for Union

Steward training on a one-time basis. The training for newly-elected Union Stewards will be scheduled

by the Union. The Union will notify the City and the Department which employees are newly-elected

Stewards. Such training will be provided by the Union.

37. In addition to the four (4) hours of paid release time for Union Steward training described above, during

the first nine (9) months that this MOU is in effect, the City shall allow up to four (4) hours of paid

release time for up to a total of forty (40) Stewards or Official Representatives to attend training

provided by the Union regarding the provisions of this MOU.

38. The Union will provide the Department with a minimum advance notice of thirty (30) calendar days

prior to any Steward/Representative training described above, along with a list of the employees who

will attend. The City will use best efforts to ensure that such employees are released for the training

provided, however, that the release does not compromise patient care or departmental operations.

I.F. RELEASE TIME FOR SFGH CHAPTER PRESIDENT AND DESIGNEES

39. The Department of Public Health will make good faith efforts to pre-schedule one shift per pay period

for the San Francisco General Hospital Union Chapter President to handle matters of employer-

employee relations covered by existing release time language (Official Representative and Stewards

provision of the MOU) and meetings of the San Francisco General Hospital Monitoring Committee.

40. In addition, the Union shall designate one member from SFGH, LHH, Jail Health Services and CPH

to be released one (1) shift every two (2) pay periods to handle matters of employer-employee relations

covered by existing release time language.

I.G. DISSEMINATION OF UNION INFORMATION

Bulletin Boards

41. Reasonable space will be allowed on bulletin boards for use by the Union to communicate with

employees. Material shall be posted upon the bulletin boards space as designated, and not upon walls,

doors, windows or any other place. Posted material shall not be of a partisan political nature, nor shall

it pertain to public issues which do not involve the City or its relations with employees. All posted

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

material shall be dated, shall bear the identity of the sponsor, shall be neatly displayed and shall be

removed when no longer timely. The City may give notice to the Union of its intent to withdraw the

Union’s ability under this section to use bulletin board space if the Union posts material other than on

authorized bulletin boards or if material posted on bulletin boards is not in compliance with this

section. The Union shall not post literature that is discriminatory against any person based on the

categories listed in Article II.A (Non Discrimination) of this Agreement or that otherwise violates

Article II.A or applicable law. The City may remove this type of literature and shall notify the Union

of its removal. Alleged violations of this section are subject to the grievance procedure.

Location of Bulletin Boards

42. San Francisco General Hospital:

(a) Personnel Office

(b) Section of one (1) board per nursing unit

43. Laguna Honda Hospital:

(a) Personnel Office

(b) Across from Nursing Office

(d) Space on one (1) bulletin board per neighborhood lounge (Main Hospital)

44. Miscellaneous DPH Facilities:

(a) Each Health Center

(b) Each separate facility (e.g., VD Clinic)

45. Community Mental Health Services:

(a) Each Mental Health Facility

46. Jail Health Services:

(a) Each City Jail

47. Administration:

(a) 101 Grove Street

48. Human Services Agency:

(a) 1235 Mission Street (near the employees’ entrance and by the elevators on each

floor)

(b) 1650 Mission Street (on 2nd floor, in both sides of the entrance areas)

Distribution of Union Literature

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

49. Distribution of official Union literature and materials by a Union member, shop steward, business

agent, or any other Union representative recognized in accordance with the Union Representative

Visits provision will be permitted provided:

50. The employee distributes such literature outside the employee’s regular working hours.

51. The distribution of literature to employees on duty will be accomplished before or after their work

shift.

52. Distribution of literature shall be restricted to non-work areas so as not to interfere with patient care

or with the operation of any facility or institution of the Department. A non-work area is an area

where an employee does not normally perform the employee’s duties and responsibilities.

53. Distribution of literature which is of a partisan political nature shall be accomplished outside of

departmental facilities.

54. The City shall furnish to the Union upon written request the names, classifications, major

division/facility (SFGH, LHH, CPHS, CMHS, CSAS, Jail Health Services, Human Services

Agency) and, if practical, the work assignment areas of all new employees and employees separated

who are covered by this MOU.

55. The Union may deliver a copy of the printed MOU to employees covered by this Agreement.

56. Union representatives or Union Stewards may address employees covered by this Agreement for

forty (40) minutes at SFGH and one (1) hour at LHH at any time during the nurses' orientation

session to present information relating to Union representation.

57. The City shall notify the Union of the nurses' orientation schedule as soon as it is published.

58. The Union may make reasonable use of the City's interoffice mail system to communicate with

appointing officers, personnel officers and designated shop stewards to the extent permissible by

law.

59. The Union may place a box for union literature in departmental facilities, subject to mutual

agreement regarding location.

I.H. CPHS PROFESSIONAL PERFORMANCE COMMITTEE

60. The CPHS-Professional Performance Committee (PPC) may continue to meet on a monthly basis

until such time as the parties mutually determine separate CPHS-PPC meetings are no longer

necessary.

61. The parties anticipate that some or all of the members of the CPHS-PPC will become members of

the CPHS-DMS Divisional Monitoring Committee.

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

I.I. UNION ACCESS

62. The City shall provide the Union reasonable access to all work locations to verify compliance with

the terms and conditions of this Agreement and to confer with represented employees, provided that

such access is subject to the rules and regulations immediately below.

63. Union agrees that its access to work locations will not disrupt or interfere with a City department’s

mission and services or the work of employees or interfere with patient care.

64. Union representatives must identify themselves upon arrival at a City department. Union

representatives may use City meeting space with a reasonable amount of advance notice and

approval from the City agency or department, subject to availability.

65. Union representatives will comply with applicable City policies related to patient confidentiality

and applicable laws when the Union seeks access to a work area where confidential or secure work

is taking place or patient care is being provided.

66. Nothing in this Section is intended to disturb existing City departmental Union access policies.

Further, City departments may implement additional rules and regulations after meeting and

conferring with the Union.

67. The City will provide Union with up to three (3) identification badges to be worn by Union staff.

Union staff must wear these badges for identification purposes while on-site, and these badges do

not provide access to locked patient areas. Upon a change in Union staffing, the Union must return

the badge to Department of Public Health (DPH) Human Resources.

I.J. MANAGEMENT RIGHTS & RESPONSIBILITIES

68. The City and Union agree that both have obligations and responsibilities to see that the objectives

of the City and County of San Francisco are attained, and the public receives efficient delivery of

service.

69. Management has the duty to execute the traditional responsibilities of Management to attain this

goal pursuant to applicable state and local law, and the Union recognizes the Management

responsibilities.

70. Management, in turn, recognizes its responsibility to treat employees fairly and equitably.

71. Except to the extent that there is contained in this Agreement express and specific provision to the

contrary, all of the authority, power, rights, jurisdiction and responsibility of the City are retained

by and reserved exclusively to the City. These rights include, but are not limited to the right to

direct employees, to hire, promote, transfer, assign and retain employees within the bargaining unit,

to suspend, demote and discharge employees for just cause, to relieve employees from duties

because of lack of work or funds, to maintain the efficiency of the operations and to determine the

methods, means, processes and personnel by which such operations are to be conducted, including

subcontracting if deemed necessary. The City has the right to promulgate reasonable rules and

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

regulations pertaining to the employees covered by this Agreement, so long as these rules and

regulations or any of the other rights in this Article do not conflict with any term or condition of this

Agreement.

I.K. UNION SECURITY

72. Except as provided otherwise herein, and in accordance with applicable federal, state and local law,

the provisions of this Section shall apply to all employees of the City in all classifications

represented by the Union.

73. Each pay period, the Controller shall make membership fee deductions from the regular periodic

payroll warrant of each employee who is a Union member. In order for the Controller to deduct

membership dues, the Union must certify to the City, in accordance with procedures established by

the Controller’s Office in effect as of April 29, 2019, that the Union has and will maintain

authorizations for the dues deductions, signed by the employees from whose salary or wages the

City will make the dues deductions.

74. Nine working days following payday, the Controller will promptly pay over to the appropriate Union

all sums withheld for membership dues. The Controller shall also provide with each payment a list

of employees paying dues. All such lists shall contain the employee's name, employee number,

classification, department number and the amount deducted. A list of all employees in represented

classes shall be provided to the Union monthly.

75. The Union shall be entitled to collect, through the payroll deduction method, membership dues,

COPE deductions, and any special membership assessments, and through that system, may make

changes as may be required, from time-to-time, subject to the Union providing certification that it

has and will maintain an authorization for the applicable deductions, signed by the employees from

whose salary or wages the City will make the deductions. The Union shall give the Controller

appropriate written notice of any changes in existing deductions, or the establishment of new bases

for deduction, in accordance with procedures established by the Controller’s Office in effect as of

April 29, 2019.

76. At the time of fingerprint processing, the City will provide new permanent and provisional

employees represented by the Union with a Union-provided packet of information regarding the

Union. The Union will provide this information in sealed envelopes, one of which will be

distributed to each new employee. The City may advise such employees that the packet is being

provided pursuant to a Memorandum of Understanding with the Union and the contents are neither

known nor endorsed by the City.

77. Nothing in this Section shall be deemed to have altered the City's current obligation to make

insurance program or political action deductions when requested by the employee.

78. INDEMNIFICATION. The Union agrees to indemnify and hold the City harmless for any loss or

damage arising from the operation of this Section.

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

I.L. GRIEVANCE PROCEDURE

(Section I.L. Grievance Procedure does not apply to P103 Per Diem for Discipline or Discharge)

Definition

79. A Grievance shall be defined as any dispute which involves the interpretation or application of, or

compliance with this Agreement, discipline or discharge.

Grievance Description

80. The Union and the City agree that the following guidelines will be used in the submission of

grievances.

81. 1. The basis and date of the grievance as known at the time of submission;

82. 2. The section(s) of the contract which the Union believes has been violated;

83. 3. The remedy or solution being sought by the Grievant.

Procedure

84. Only the Union shall have the right on behalf of a disciplined or discharged employee to grieve the

discipline or discharge action.

85. In no event shall a grievance include a claim for money relief for more than a thirty (30) working

day period prior to the initiation of the grievance.

86. The management representative named in the Steps of this grievance procedure may appoint a

designated representative to act on management’s behalf with the accompanying authority to settle

the grievance at the appropriate grievance Step.

Time Limits

87. The parties have agreed upon this grievance procedure in order to ensure the swift resolution of all

grievances. It is critical to the process that each step is followed within the applicable timelines.

Steps are skipped only with the express, prior approval of the other party, except as outlined in

herein.

88. All time limits referred to in this section are binding on each party.

89. A time limit may be extended by the Union and the Management Official responsible for the

decision making at the particular step of the process by agreement entered into prior to the expiration

of the time limit. This agreement must be confirmed in writing by the party initiating the extension

request. Failure by the Union to follow the time limits, unless mutually extended, shall cause the

grievance to be withdrawn. Failure of the City to follow the time limits shall serve to move the

grievance to the next step.

90. Any deadline date under this procedure that falls upon a Saturday, Sunday or Holiday shall be

continued to the next business day.

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Employee Grievance Procedure

91. An employee having a grievance may first discuss it with the employee's immediate supervisor, or

the next level in management, to try to work out a satisfactory solution in an informal manner. The

employee may have a representative(s) at this discussion.

1. Step I. Immediate Supervisor

92. If a solution to the grievance, satisfactory to the employee and the immediate supervisor is not

accomplished by informal Discussion, the Union may pursue the grievance further.

93. The Union shall submit a written statement of the grievance to the immediate supervisor within

fifteen (15) calendar days of the facts or event giving rise to the grievance, or within fifteen (15)

calendar days from such time as the employee or Union should have known of the occurrence

thereof. In cases alleging sexual harassment, the time limit during which to file a grievance shall

be four (4) months.

94. The immediate supervisor will make every effort to arrive at a prompt resolution by investigating

the issue. The supervisor shall respond in writing within five (5) calendar days.

95. Grievances related to a suspension or the termination of an employee may be submitted initially at

Step IV of this procedure within fifteen (15) calendar days of the date of the final notice of

disciplinary action (certified mailing date). The parties agree to use their best efforts to schedule

arbitration hearings for termination grievances within ninety (90) days of the Step Three grievance.

2. Step II. Department Head/Designee

96. If the grievance is not satisfactorily resolved in Step I, the written grievance shall be advanced,

containing a specific description of the basis for the claim and the resolution desired, and submitted

to the department head or the department head’s designee within fifteen (15) calendar days of receipt

of the Step 1 response. The parties shall meet within fifteen (15) calendar days, unless a mutually

agreed upon alternative is established. The department head or designee shall, within fifteen (15)

calendar days of receipt of the written grievance, or within ten (10) calendar days of the date the

meeting is held, whichever comes later, respond in writing to the grievant and the Union, specifying

the reason(s) for concurring with or denying the grievance.

Grievance Committee Pilot Program July 1, 2022 – June 30, 2023

97. The parties agree to a 1-year pilot program for a monthly Grievance Resolution Committee to

attempt to resolve grievances pending at Step 2. The pilot may only be extended by mutual

agreement of the parties.

98. The notice from the Union to move the grievance to Step 2 will simultaneously refer the grievance

to the Grievance Resolution Committee. The Grievance Resolution Committee will meet monthly

to attempt to resolve any pending grievances at the Step 2 level prior to advancing the matter to Step

3. The Committee will consist of individuals who are authorized to resolve the grievance which

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

will include two (2) members designated by the Union, two (2) members designated by DPH

management, and one (1) notetaker.

99. A summary of the Committee meeting will be provided to all parties.

100. If the Committee reaches a resolution, and the resolution requires approval by another entity such

as the Health Commission or the City Attorney, the Committee will submit a recommendation for

implementation of its proposed resolution. The Committee’s recommendation will not be binding

unless and until all applicable signatures have been obtained.

101. If the Committee does not reach a resolution or if the entities above do not approve the

recommendation, the Step 3 process will continue as below.

3. Step III. Director, Employee Relations/Designee

102. If the decision of the department head/designee is unsatisfactory, the Union may, within fifteen (15)

calendar days after receipt of the Department's decision, submit the grievance in writing to the

Employee Relations Director.

103. The Employee Relations Director or designee shall have fifteen (15) calendar days after receipt of

the written grievance in which to review and seek resolution of the grievance and respond in writing.

Within ten (10) calendar days after receipt of the written grievance, either the Union or the City may

request, in writing, that the Employee Relations Division hold a Step III grievance meeting. In the

event of such a request, the parties will schedule a Step III grievance meeting. The Employee

Relations Director or designee shall have fifteen (15) calendar days from the date of the Step III

grievance meeting to respond in writing.

104. Subject to applicable law, the Director of Employee Relations shall have authority to settle

grievances at this step.

4. Step IV. Final and Binding Arbitration

105. Should there be no satisfactory resolution at Step III, the Union has the right to submit and advance

the grievance to final and binding arbitration within thirty (30) calendar days of receipt of the Step

III response. On an annual basis, the City and the Union shall establish a Standing Arbitration Panel

by each submitting a list of seven (7) arbitrators. In any grievance referred to arbitration, the parties

shall alternately strike from said List until a single name remains, and said arbitrator shall be

designated to hear the matter. Whether the Union or City deletes the first name in the alternating

process shall be determined by lot.

106. Except when a statement of facts mutually agreeable to the Union and City is submitted to the

arbitrator, it shall be the duty of the arbitrator to hear and consider facts submitted by the parties.

107. The City and the Union must commence selecting the arbitrator and scheduling the arbitration within

thirty (30) calendar days of ERD's receipt of the Union's arbitration request. The parties agree to

recommend to the selected arbitrator that the hearing be scheduled within ninety (90) calendar days

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

of the selection of the arbitrator. Should the designated arbitrator be unable to comply with this

requirement, the parties shall by mutual agreement commence contacting other arbitrators on the

panel, beginning with the last struck, until an arbitrator is selected who will meet such requirement.

108. The arbitrator shall have no authority to add to, subtract from, or modify the terms of this Agreement.

109. The parties shall encourage the arbitrator to make the arbitrator’s award within forty-five calendar

days following receipt of closing arguments or briefs. The decision of the arbitrator shall be final

and binding on all parties.

110. Each party shall bear its own expenses in connection therewith. All fees and expenses of the

arbitrator and court reporter and report, if any, shall be borne and paid in full and shared equally by

the parties. Transcript costs shall be paid separately by the party requesting the transcript. If parties

mutually request, and the arbitrator agrees, a court reporter may not be required.

111. Individuals who may have direct knowledge of the circumstances relating to the grievance may be

present at the request of either party at the hearing. In the case of employees of the City, they shall

be compensated at an appropriate rate of pay for time spent.

Expedited Arbitration

112. Suspensions (except for P103 Per Diem Nurses) up to and including fifteen (15) days and written

warnings shall be processed through an expedited arbitration proceeding. By mutual written

agreement entered into at Step III or Step IV of the grievance procedure, the parties may submit

other grievances to the expedited arbitration process. In addition, the Union may elect in writing at

Step III or Step IV of the grievance procedure, to submit any grievance affecting five (5) or fewer

employees and claiming $5,000 or less in total and that relates to pay issues, premiums or uniform

allowance to this expedited arbitration process. The letter making such an election must be mailed

to both the Employee Relations Division and the Chief Labor Attorney of the City Attorney’s Office.

On behalf of the City, the City Attorney may decline the Union’s election to send the grievance to

expedited arbitration by notifying the Union in writing within the fifteen (15) days of the receipt of

the grievance at Step IV. At least one day each month will be used for these grievances. The

expedited arbitration shall be before an arbitrator to be mutually selected by the parties who shall

serve until the parties mutually agree to remove the arbitrator or for twelve (12) months, whichever

comes first. Alternatively, at the time of the selection of the arbitrator, either party may request a

list of seven (7) appropriately experienced arbitrators from the American Arbitration Association

from which the arbitrator will be selected by the method of striking names. The parties shall not

use briefs. Every effort shall be made to have bench decisions followed up by written decisions.

These decisions will be final and binding, and shall not be used in any other cases except those of

the grievant involved. Transcription by a certified court reporter shall be taken but shall be

transcribed only at the direction of the arbitrator.

113. Each party shall bear its own expenses in connection therewith. All fees and expenses of the

arbitrator and court reporter and report, if any, shall be borne and paid in full and shared equally by

the parties.

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

114. In the event that an expedited arbitration hearing is cancelled resulting in a cancellation fee, the

party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee,

unless a mutually agreed upon alternative is established.

Rights of Individuals

115. An employee may not be disciplined or discharged without just cause and without written notice of

the intended action. The City agrees to follow the principles of progressive discipline.

116. Employees who are released or disciplined during their initial probationary period or during any

probationary period established by this Agreement, may appeal the release or discipline provided

that the grounds for the grievance or appeal shall be limited to a claimed violation of the provisions

of the No Discrimination provisions. In such an appeal the employee shall bear the burden of proof

with respect to the claimed violation.

"Skelly Rights”

117. An employee subject to discipline or discharge, shall be entitled, prior to the imposition of that

discipline or discharge, to a hearing and to the following:

118. A notice of the proposed action; and

119. The reasons for the proposed discipline; and

120. A copy of the charges and the materials upon which the action is based; and

121. The right to respond, either orally or in writing, to the authority initially imposing the

discipline.

Disciplinary Action Appeal Procedure For P103 Per Diem Nurses

122. Formal employee conferences may be recorded on the Employee Conference Form for conferences

regarding nondisciplinary matters. Formal employee conferences shall be recorded on the

Employee Conference Form for conferences regarding disciplinary matters.

123. The Employee Conference Form shall provide the following:

124. Notification of the right to have a representative (for conferences regarding disciplinary matters).

125. Previous conferences regarding the same subject and dates thereof.

126. Notification of the right to respond in writing on the form to the reviewer immediately or within five

(5) working days of the initial conference on disciplinary matters concerning warnings or

reprimands.

127. Notification of the right to respond in writing on the form to the reviewer and/or Appointing Officer

immediately or within five (5) working days of the initial conference on recommendations for

suspension of five (5) days or less.

ARTICLE I – REPRESENTATION

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

128. Signature by the employee acknowledging the conference and notification of certain rights.

129. In cases of recommended terminations, recommended suspensions, or of a written warning, the

employee may, upon request, meet with the reviewer with a representative present. Prior to said

meeting, the employee shall provide a written response in accordance with paragraph #127 above.

130. Action by reviewer on proposed written warnings and reprimands is final.

131. Recommendation of reviewer on suspensions shall be submitted to the Appointing Officer for

appropriate action.

132. Appointing officer will review employee's written response (if submitted) and make appropriate

decision on recommended suspension. Upon request by the employee or the employee’s

representative, the San Francisco General Hospital Appointing Officer will consider holding a

meeting before ruling on recommendations for disciplinary suspensions.

133. Appointing Officer's decision on recommendations for suspension is final.

134. The Appointing Officer's decision on recommendations for termination is final for P103 Per Diem

Nurses with less than 1040 hours of service. For P103 Per Diem Nurses with more than 1040 hours

of service, the Appointing Officer’s decision on recommendation for termination is final provided,

however, that the Appointing Officer shall consider the recommendation of an arbitrator as follows:

135. The arbitrator shall be selected by the Union and Management utilizing the same arbitrator and

hearing dates provided for in the Expedited Arbitration provision of this Agreement, Section I.L.

136. The Arbitration process shall be informal with no transcripts. The recommendation will be issued

as a "Bench Decision".

137. The costs of the arbitrator shall be equally shared by the parties.

138. In emergency situations, where immediate disciplinary action must be taken because of a violation

of law or a City or Department rule (intoxication, theft, etc.), the Appointing Officer may waive the

procedures outlined above.

139. An employee who refuses a conference waives the employee’s rights to review. The employee shall

be so advised.

140. An employee who holds dual appointments in any registered nurse classification and as a P103 Per

Diem Nurse and who receives a disciplinary suspension in either appointment shall not be eligible

for employment during the period of the suspension.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

ARTICLE II. EMPLOYMENT CONDITIONS

II.A. NO DISCRIMINATION

Discrimination Prohibited

141. The City and the Union agree that discriminating against or harassing employees, applicants, or

persons providing services to the City by contract because of their actual or perceived race, color,

creed, religion, sex/gender, national origin, ancestry, physical disability, mental disability, medical

condition (associated with cancer, a history of cancer, or genetic characteristics), HIV/AIDS status,

genetic information, marital status, age, political affiliation or opinion, gender identity, gender

expression, sexual orientation, military or veteran status, or other protected category under the law,

is prohibited. This paragraph shall not be construed to restrict or proscribe any rule, policy,

procedure, order, action, determination or practice taken to ensure compliance with applicable laws.

No Discrimination on Account of Union Activity

142. Neither the City nor the Union shall interfere with, intimidate, restrain, coerce or discriminate

against any employee because of the exercise of rights granted pursuant to the Employee Relations

Ordinance of the City and County of San Francisco and the Meyers-Milias-Brown Act. The City

and the Union agree that employees subject to this Agreement shall not be discriminated against for

the filing of an Assignment Despite Objection (ADO) form.

Reasonable Accommodation

143. The Parties agree that they are required to provide reasonable accommodation for persons with

disabilities in order to comply with the provisions of the Americans with Disabilities Act and the

Fair Employment and Housing Act. The City reserves the right to take any action necessary to

comply therewith.

144. If there is a conflict between a proposed accommodation and this Agreement, the City will notify

the Union and, upon request, meet with the Union to attempt to resolve the issue. During the

reasonable accommodation process, an employee has the right, upon request, to Union

representation.

145. Departments shall maintain files on formal reasonable accommodation requests that include

information related to: status of accommodation requests and the resolution of closed

accommodation requests.

146. Following a reasonable period of time after the employee has submitted the information required

for a reasonable accommodation but not later than thirty days, the City shall provide a response to

the employee's request. If no accommodation in the current assignment is possible, the Employer

shall evaluate alternative job assignments for possible accommodation. While the employee’s

request for reasonable accommodation is pending, the Employer shall make every reasonable effort

to provide a modified work duty assignment pursuant to the Alternative Assignments provision of

this Agreement.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

147. A reasonable accommodation decision is appealable to the Human Resources Director and/or

through the grievance process. The Union and the employee may elect more than one of these appeal

options.

Family Medical Leave Act

148. The City agrees to adhere to the Family and Medical Leave Act of 1993 (FMLA) and the California

Family Rights Act of 1993 (CFRA) and its regulations for all employees in the bargaining unit.

Consistent with State and Federal law, nurses taking FMLA/CFRA leave shall be allowed to take

such leave on an intermittent or reduced schedule basis.

149. This provision is not subject to the Grievance Procedure under this Agreement.

II.B CIVIL SERVICE EXAMINATIONS

1. CIVIL SERVICE EXAMS FOR STAFF NURSES

150. Under special authority from the Civil Service Commission and subject to its approval, the City

shall conduct civil service examinations and establish lists of eligibles for all Registered Nurse

classifications in a timely manner. The City will make every reasonable effort to assure that

employees in Registered Nurse classifications are certified permanent within ninety (90) days of the

first day of employment.

151. In order to reduce the number of provisional employees in all Staff Nurse classifications, the Union

agrees, pursuant to CSC Rule 113 that the City may adopt the most expansive certification rule

allowed under the Civil Service Commission rules. This agreement shall be subject to cancellation

by the Union on July 1 or January 1, with six (6) months notice to the City. Prior to canceling this

program, the Union shall notify and meet with the City in an effort to resolve any concerns about

the program. This section covers matters within the jurisdiction of the Civil Service Commission,

as set forth in Charter Section 10.100 et seq., and is not subject to any grievance arbitration or

impasse resolution procedures.

152. Upon written request from the Union, the City shall provide the Union with a report of the utilization

of Rule of the List certification for all Staff Nurse classifications, for review at City-wide labor-

management meetings to determine renewal or cancellation.

2. PROBATIONARY PERIOD

153. The definition of a probationary period shall be as provided under the Rules of the Civil Service

Commission. All permanent appointees shall serve a six month probationary period. The

probationary period duration for all appointees made by Advancement as defined in Civil Service

Rule Section 114.8 Advancement from Part-Time or School-Term Position to Full-Time shall be

one (1) week as a permanent full-time employee in the new assignment.

154. Per Diem Nurses (P103) appointed to a permanent position on the same unit may be granted a three

(3) month credit toward the probationary period if the nurse worked at least 520 hours in the prior

six (6) month period.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

II.C SUBCONTRACTING OF WORK

(Section II.C. Subcontracting of Work does not apply to P103 Per Diem Nurses)

155. Due to the size of the bargaining unit and the diversity of the employees within the unit, which

enable the employees to perform various services in the diverse communities served by the City, the

Mayor and the Union agree that, for the term of this Agreement, the Mayor shall instruct the City's

Department Heads over whom the Mayor has budgetary authority that:

156. 1) Department heads shall not initiate and the Mayor shall not approve requests to

contract out any routine work currently performed by existing employees represented by the

Union; and

157. 2) Department heads shall not lay off current bargaining unit members or eliminate

existing bargaining unit positions as a result of contracting out.

158. 3) This instruction shall not in any way affect (i) existing contracts (which shall include

proposed contracts funded with monies appropriated in the 1996-97 budget), (ii) renewals,

amendments or extensions of those contracts, or (iii) new contracts either for services already

contracted out or arising from the City's receipt of new and/or additional federal, state, or

grant funds designated for new or unique programs. However, such funds shall not include

growth in general fund or enterprise revenues in force and effect at the time of the signing

of this Agreement.

159. 4) The Mayor agrees that it is not the intent of the City to use the contracting out process

to avoid prevailing wages, compliance with MBE/WBE requirements, or payment of health

or other benefits.

160. 5) Notwithstanding any other provision of this section, the Mayor may propose pursuant

to the City's standard procedures to contract out work currently performed by existing City

employees (a) where external funding sources require the use of outside third parties to

perform services; or (b) in emergency situations, as determined by the Mayor and upon a

majority vote of the Board of Supervisors.

161. 6) Should the Mayor determine that the restrictions contained in this section unduly

interfere with a department's or the City's ability to provide appropriate services to the

diverse communities within the City, the Mayor and the Union agree to meet in order to

resolve the concerns. If the Mayor and the Union cannot mutually agree, the matter shall be

submitted to an arbitrator, selected pursuant to the provisions of this Agreement, who shall

decide the issue of whether a proposal to contract out work may be initiated by the Mayor.

Required Notice to the Union on Prop J Contracts

162. The City shall deliver to the Union no later than thirty (30) days prior to issuing any "Invitation for

Bid" or "Request for Proposal" a report explaining the proposed change, an explanation of reasons

for the change, and the effect on represented classes. The City shall also deliver to the Union a

summary of any proposed grant agreement no later than thirty (30) days prior to the submission of

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

the proposed grant agreement to any departmental commission or other approving authority for

authorization to enter into any such agreement, the essential services of which could be performed

by SEIU-represented classifications.

163. It is not the intent of the City to use the grant issuance process to avoid application of the

subcontracting limitations of this Agreement.

164. The Union shall respond within twenty-one (21) days from the date of receipt of the above

information with a request to meet.

165. The City agrees to discuss and attempt to resolve issues relating to:

166. 1. Possible alternatives to subcontracting;

167. 2. Questions regarding current and intended levels of service;

168. 3. Questions regarding the Controller's certification pursuant to Charter Section 8.300-

169. 4. Questions relating to possible excessive overhead in the City's administrative-

supervisory/worker ratio;

170. 5. Questions relating to the effect on individual worker productivity by providing labor

saving devices; and

171. 6. Questions regarding services supplied by the City to the Contractor.

172. The City agrees that it will take all appropriate steps to ensure the presence at said meetings of those

officers and employees (excluding the Board of Supervisors) of the City who are responsible in

some manner for the decision to contract out so that the particular issues may be fully explored by

the Union and the City.

Non-Prop J Contracts

173. 1. At the time the City issues a Request for Proposals (“RFP”)/Request for

Qualifications (“RFQ”), or thirty (30) days prior to submission of the a PSC request

to the Department of Human Resources and/or the Civil Service Commission,

whichever occurs first, the City shall notify the Union of any personal services

contract(s), including a copy of the draft PSC summary form, where such services

could potentially be performed by represented classifications.

174. 2. If the Union wishes to meet with a department over a proposed personal services

contract, the Union must make its request to the appropriate department within two

weeks after the Union’s receipt of the department’s notice.

Upon the request of the

Union, the City agrees to discuss and attempt to resolve issues relating to:

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

175. a. Possible alternatives to contracting or subcontracting and whether the

department staff has the expertise and/or facilities to perform the work;

176. b. Questions regarding current and intended levels of service;

177. c. Questions relating to possible excessive overhead in the City’s

administrative-supervisory/worker ratio;

178. d. Questions relating to the effect on individual worker productivity by

providing labor saving devices; and

179. e. Questions regarding services supplied by the City to the Contractor.

180. Upon request by the Union, the City shall make available for inspection any and all pertinent

background and/or documentation relating to the service contemplated to be contracted out.

181. The City agrees that it will take all appropriate steps to ensure the presence at said meetings of those

officers and employees (excluding the Board of Supervisors and other boards and commissions) of

the City who are responsible in some manner for the decision to contract out so that the particular

issues may be fully explored by the Union and the City.

182. The City shall also provide advance notice of at least thirty (30) days to the Union of all amendments

to existing non-Prop J contracts valued at more than $100,000 where such services could potentially

be performed by represented classifications. At the request of the Union, the City shall meet to

discuss with the Union the topics set forth above.

183. The Mayor agrees to instruct department heads over whom the Mayor has budgetary authority not

to initiate non-Prop J contracts for a term exceeding one (1) year, except as otherwise approved by

the Mayor, after notice to and consultation with the Union. This provision shall apply only to

contracts for services which could otherwise be performed by represented classifications.

184. The Union shall also be provided notice of departmental commissions and Civil Service

Commission meetings during which proposed personal services contracts are calendared for

consideration, where such services could potentially be performed by represented classifications.

II.D. REIMBURSEMENT OF WORK RELATED EXPENSES

Use of Private Automobiles

185. The City shall provide City vehicles for the use of City employees while traveling in the course of

their duties for the City. In the event such vehicles are not available, the appointing officer may

request employees to use their own vehicle for City business. Employees using their own vehicle

for City business shall be reimbursed for expenses incurred at the rate established by the Controller

and for all necessary parking and toll expenses.

186. The City shall reimburse Nurses for all approved mileage and parking expenses.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Auto Insurance Deductible

187. Employees in the Public Health Nurse classification 2830 and employees in the RN classification

2320 assigned to the Health at Home program who are required to make home/site visits and who

utilize their own vehicle for this purpose shall be eligible for reimbursement of the employee’s

insurance deductible up to a maximum of Five Hundred Dollars ($500.00) per year in the event the

employee’s vehicle is vandalized while on a home/site visit within the course and scope of

employment.

Reimbursement for Stolen Property

188. Reimbursement for stolen property is administered through the provisions of Administrative Code

Sections 10.25-1 through 10.25-9, which are hereby referenced and attached for informational

purposes only.

Use of Personal Cell Phone

189. If required and approved by supervisor, a nurse shall receive a City issued laptop and/or cell phone,

contingent on available supply. Nurses who use their own personal cell phones for City business

shall be reimbursed for expenses incurred, provided the nurse submits appropriate documentation

of work-related use.

Recovery of Overpayment.

190. Should recovery of overpayment of salary or wages be necessary, the Controller's PPSD will make

every attempt to minimize the hardship for the employee.

191. The schedule of recovery of any overpayment shall be made by mutual agreement between the City

and the employee.

192. In correcting all employee underpayment or nonpayment problems, the following guidelines will be

used to correct the most significant problems first:

No Payment on Pay Day for the Pay Period.

193. Highest priority, full payment to be issued as quickly as possible on the same business day if the

employee or the employee’s departmental payroll division notifies PPSD before 9:00 AM on payday

or on any subsequent day. If PPSD receives notice after 9:00 AM but before 4 p.m., the check will

be issued on the following day.

Payment on Pay Day is 10% or More Short of Total Due for Pay Period.

194. Second priority, correcting payment to be issued as quickly as possible with the goal of three (3)

working days of report to payroll.

Payment on Pay Day is Less than 10% Short of Total Due for Pay Period.

195. Third priority, correcting payment to be issued as quickly as possible, with a goal of within ten (10)

working days of report to payroll.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Payroll Procedures

196. Employees shall have access to a full listing of the meaning of all payroll codes necessary to

understand the explanation of pay. The list of codes will be available online.

197. The pay advice available to employees shall display accumulated sick and vacation leave hours.

Floating holidays, in-lieu holidays and longevity leave balances shall be provided bi-weekly.

Educational leave usage can be provided quarterly to the Department managers for distribution to

the Nurses.

198. The Department shall notify the employee whenever a correction is made to pay and detail the nature

of the correction by copy of the approved Problem Description Form (PDF).

Paperless Pay

199. The Citywide Paperless Pay Policy applies to all City employees covered under this Agreement.

200. Under the policy, all employees shall be able to access their pay advices electronically, and print

them in a confidential manner. Employees without computer access or who otherwise wish to

receive a paper statement shall be able to receive hard copies of their pay advices through their

payroll offices upon request, on a one-time or ongoing basis.

201. Under the policy, all employees have two options for receiving pay: direct deposit or bank pay cards.

Employees not signing up for either option will be defaulted into bank pay cards.

II.E. LAYOFF

(SECTION II.E. Layoff, does not apply to P103 Per Diem Nurses)

Sixty Day Minimum Notice

202. Any employee whose position is to be eliminated due to lack of funds and who is being laid off shall

be notified, in writing, with as much advance notice as possible but not less than sixty (60) days

prior to the effective date of the layoff. The Union shall receive a copy of any layoff notice.

203. The provisions of this Section shall not apply to "as needed" or intermittent employees or employees

hired for a specific period of time or for the duration of a specific project.

Request to Meet & Confer

204. Prior to any layoff, the City shall meet and confer upon the written request of the Union after receipt

of a copy of the notice specified in this article, to consider any proposal(s) advanced as an alternative

to layoff and/or on the impact of such layoff.

Severance

205. A permanent employee who is subject to layoff shall have priority consideration for vacant positions

for which the employee is qualified. A permanent employee who is not qualified for a vacancy and

who is therefore laid off shall have priority consideration while the employee remains on the Civil

Service Holdover List for retraining under provisions of this Agreement.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

206. A permanent employee who is laid off shall receive two (2) weeks severance pay for each year of

continuous service. If an employee accepts severance pay and retires within two (2) years of

accepting the severance pay, the employee shall reimburse the City for the full amount of the

severance pay. An employee who accepts severance pay shall forfeit all Civil Service Holdover

rights.

Mandatory Furloughs

207. There shall be no mandatory unpaid furlough of any duration for represented employees.

2328 Nurse Practitioner

208. In the unlikely event of layoffs or position deletions in class 2328 Nurse Practitioner, such layoffs

or position deletions will occur in accordance with Civil Service Commission Rules, without regard

to whether an employee has a Uniform Provider Identification Number (UPIN).

209. A reassignment may be limited by a 2328 Nurse Practitioner’s lack of a UPIN, but only in the event

that such a reassignment would result in a demonstrable, projected loss of revenue by the

Department.

Joint RN/DPH Monitoring Committee Meetings

210. In the event the City issues layoff notices to 7 or more RNs in a fiscal year, the City and SEIU shall

convene the Joint RN/DPH Monitoring Committee within ten (10) days of the notices and for a

mutually agreed upon time frame to sufficiently address the pending layoffs. The committee shall

be co-chaired by DPH senior management and a designee of SEIU with participation by a DHR

layoff specialist as appropriate. RN members of this committee shall be on City-paid release time

while at meetings. The mission of the committee shall be to:

211. 1. Use its best efforts to maintain City employment for all RN employees facing layoff or

displacement;

212. 2. Review opportunities for savings that can be used to create jobs from existing budgeted and

authorized vacant positions; and

213. 3. Meet and confer over the impact of such layoffs, at the Union’s request.

Layoff Limitations

214. The City agrees not to effectuate any new reorganization plan that lays off more than 10 employees

in a represented classification while assigning the work formerly performed by those laid off

employees to a similar number of new positions in a classification with a lower pay grade.

II.F. PUBLIC HEALTH NURSE DUTIES

(SECTION II.F. Public Health Nurse Duties does not apply to P103 Per Diem Nurses)

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

215. Utilization of personnel providing services related to Public Health Nursing is an appropriate subject

for discussion by the Department of Public Health’s Professional Performance Committee. Nursing

Administration recognizes the value of input from the PPC in this area.

Public Health Nurse Caseloads

216. Management is responsible for the equitable distribution of caseloads. Depending on acuity, patient

needs and other factors, an appropriate caseload for full-time employees in the Public Health Nurse

classification assigned to the Maternal Child Field Unit could range from 20 to 40. Caseloads are

prorated for part-time PHNs. Management will assign new referrals taking into account acuity,

distance from the PHN’s office, staffing capabilities and other factors. Individual disputes arising

out of the application of this policy shall be subject to the grievance procedure. Caseloads and

staffing levels are suitable subjects for discussion in the Joint RN/DPH Monitoring Committee and

not in the PPC. Any productivity guidelines which result in a change in the number of visits or

caseload distribution will only be implemented after notifying and meeting with affected Public

Health Nurses. Union representatives may be present at such meetings. Additional liaison and

utilization review assignments shall be factors in determining equitable caseloads.

217. The Department of Public Health will use its best efforts to conform to published State guidelines

with respect to Public Health Nurse caseloads in California Children’s Services. Should a dispute

arise, the Union may bring its concerns to the Labor Monitoring Committee.

Hazardous Situations

218. The Public Health Nursing Safety Policy and Procedures for Home Visits shall be followed in order

to minimize exposure of public health nurses to unpredictable and hazardous situations. This policy

may be subject to change in accordance with the Changes in Personnel Policy provisions.

Home Care Program

219. It is the intent of the Department of Public Health to staff the Home Care program with 2320

Registered Nurses and 2830 Public Health nurses who apply and are accepted to work in the

program. It is the intention of the Department of Public Health to maintain a balance between

preventative and home care nursing services.

220. Public health nurses in home care will be compensated according to the overtime provision or other

applicable contract provision. Per the MOU, PHN staff who work Saturday and/or Sunday are

entitled to take the necessary day(s) off during the following week. Alternatively, if overtime is

worked, the PHN may elect to accumulate compensatory days off for later use by mutual agreement.

II.G. NURSE PRACTITIONERS

(SECTION II.G. Nurse Practitioners does not apply to P103 Per Diem Nurses)

Scope of Practice

221. The Department of Public Health recognizes the contribution of Nurse Practitioners as Registered

Nurses with additional training and skills in physical diagnosis, psychosocial assessment, and the

management of health and illness needs both in outpatient primary care and throughout the spectrum

of health delivery settings.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

222. The Department of Public Health commits to identifying all Nurse Practitioners who provide

Primary Care Services as Primary Care Providers in Community Health Network directories and

other DPH directories. The Department of Public Health will, additionally, advance such listing of

Nurse Practitioners to those health plans/HMOs contracting with the Department of Public Health.

Voluntary Job Sharing

223. A Nurse Practitioner may voluntarily elect to work a reduced workweek for the purpose of sharing

a collaborative practice with another Nurse Practitioner, subject to the approval of the Department

of Public Health. Under this arrangement, any Nurse Practitioner is entitled to holiday pay, health

and dental benefits and educational leave as provided elsewhere in this MOU. Pay, vacation and

sick leave shall be reduced in accordance with the reduced week regularly worked. Time worked

beyond the employee’s regularly assigned shift shall be compensated for in overtime pay.

224. Requests from Nurse Practitioners electing to share a patient caseload shall be submitted in writing

to a designated management representative. A written response shall be made within two (2) months

of the request.

225. The Department of Public Health shall urge the Department of Human Resources to expedite all

necessary paperwork in such a manner that the job sharing arrangement may be implemented no

later than one (1) month after receiving written approval.

Standardized Procedures

226. The Department of Public Health recognizes its role and responsibilities in ensuring that current,

approved standardized procedures exist to authorize the medical functions of Nurse Practitioners,

and furnishing of medications and devices.

227. Nurse Practitioners within each setting will be given release time to collaborate with physicians and

administrators from that setting to develop, review, and/or revise the standardized procedures

specific to that setting.

Primary Care Patient Caseload

228. Primary Care Patient Caseload guidelines will comply with existing regulations on such

assignments. Primary Care Patient Caseloads limits for Nurse Practitioners working part-time shall

be assigned in a proportionate manner.

Productivity

229. Any productivity standards or guidelines which result in an increase in the number of patient

appointments on a nurse practitioner's schedule will only be implemented after notifying and

meeting with all affected nurse practitioners. Union representatives may be present at such

meetings.

Advanced Practice Leadership

230. DPH and the Union will start meeting on or after October 1, 2022, to discuss the possible creation

of a leadership level role responsible for ensuring consistent standards of practice for advanced

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

practice practitioners, including credentialing, professional development, implementation of

legislative changes, and recruitment and retention.

231. DPH shall provide quarterly paid release time for up to three (3) advanced practice practitioners to

participate in discussions of the advanced practice role.

232. The meetings will occur quarterly for two (2) hours, and the employee/practitioners will be provided

paid release time to attend.

233. The establishment of the advanced practice role and standards are not subject to the grievance

procedure.

234. The above provisions shall expire on June 30, 2024.

Professional Development

235. Nurse Practitioners will be given release time to participate in twice yearly Department of Public

Health-wide meetings for the express purpose of professional practice development. The

Department of Public Health will provide specific planning arrangements for site, date, and time.

The Nurse Practitioners will provide the agenda and content at least three (3) months in advance of

the meetings.

236. Nurse Practitioners may invite Department personnel to the monthly Professional Development

meetings of Nurse Practitioners. At such meetings, Nurse Practitioners may provide input regarding

appropriate patient load distribution.

237. Nurse Practitioners may plan additional monthly meetings among Nurse Practitioners and will

receive release time to participate in such meetings, provided that the Department of Public Health

is given notice at least three (3) months in advance of such meetings.

238. Approved release time will not be evaluated as productive, direct care service time.

II.H. CLINICAL NURSE SPECIALISTS

Professional Development

239. Clinical Nurse Specialists will be given release time to participate in twice yearly Department of

Public Health-wide meetings for the express purpose of professional development. The Department

of Public Health will provide specific planning arrangements for site, date, and time. The Clinical

Nurse Specialists will provide the agenda and content at least three (3) months in advance of the

meetings.

240. Clinical Nurse Specialists may plan additional monthly meetings among Clinical Nurse Specialists

for the express purpose of professional development and will receive release time to participate in

such meetings, provided that the Department of Public Health is given notice at least three (3)

months in advance of such meetings, written agendas seven (7) days prior to the meetings, and that

the meetings are scheduled at a time to minimize the impact on patient care.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

II.I. INDEMNIFICATION AND DEFENSE OF CITY EMPLOYEES

241. The City shall defend and indemnify an employee against any claim or action against the employee

on account of an act or omission in the scope of the employee's employment with the City, in accord

with, and subject to, the provisions of California Government Code Sections 825 et seq. and 995 et

seq. Nothing herein is deemed to supersede referenced state law.

II.J. CHANGES IN PERSONNEL POLICY

Departmental Changes

242. The Appointing Officer/designee agrees to furnish the Union with a written copy of proposed

departmental personnel policies or proposed revisions to existing policies, which affect wages, hours

and working conditions within the scope of representation. If the Union does not respond in writing

within fifteen (15) calendar days from the date of the notification, the Union shall waive its right to

meet and confer on the proposed policy.

City Changes

243. The procedure set forth above does not apply to those proposed personnel policies or proposed

revisions to existing policies as they may apply to City departments which are adopted by the City

and County of San Francisco.

II.K. CONSCIENTIOUS OBJECTOR

244. The rights of patients to receive quality nursing care are to be respected.

245. It is recognized that Registered Nurses hold certain moral, ethical and religious beliefs and in good

conscience may be compelled to refuse involvement with abortions and other procedures involving

ethical causes.

246. Situations will arise where the immediate nature of the patient's needs will not allow for personnel

substitutions. In such circumstances the patient's right to receive the necessary nursing care will

take precedence over exercise of the nurse's individual beliefs and rights until other personnel can

be provided.

II.L. PERSONNEL FILES

247. Only one (1) official personnel file on an individual nurse may exist. The official file shall be located

in one of the three Human Resources offices of the Department of Public Health (San Francisco

General Hospital, Laguna Honda Hospital and 101 Grove Street) or at the Human Services Agency

Human Resources Office.

248. Each nurse shall have the right upon request to review the contents of the nurse's official personnel

file. Nothing may be removed from the file by the nurse but copies shall be provided upon request.

Copies in excess of 100 pages will be provided at ten cents per page.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

249. A representative, chosen by the nurse, may at the nurse's request, accompany the nurse in this

review, or the nurse may give written permission to another person to review the file.

250. All material in the file must be signed and dated.

251. No derogatory information or statements not related to the nurse's assigned duties or professional

responsibilities shall be placed in this file.

252. The nurse shall have the opportunity to sign, date and attach a response to all material in the official

personnel file related to the nurse's assigned duties and professional responsibilities.

253. The nurse shall have the right to include in the file any material or information which is mutually

considered to be germane to the nurse's professional career.

254. Discipline may not be imposed upon any matter in the file dated prior to two (2) years from the date

of proposed discipline, unless the matter was subject to prior disciplinary action. Any prior

disciplinary action may be considered in a termination or dismissal hearing.

255. Material relating to disciplinary actions in the employee's personnel file which have been in the file

for more than three (3) years shall not be used. At the request of the employee, materials relating

to disciplinary actions which are three (3) or more years old, shall be removed, provided there has

been no recurrence of the conduct during the immediate three (3) years after the incident on which

the discipline was based. Performance evaluations are excluded from this provision but employees

may petition for removal of performance evaluations under rules of the Civil Service Commission.

II.M. PERFORMANCE EVALUATIONS

256. This confirms that written performance evaluations are not grievable under the Staff Nurse/P-103

MOU. This includes allegations that a given written performance evaluation was not "fair and

equitable" under the Management Rights Section of the MOU.

II.N. DEVELOPMENT PLANS

257. A nurse may be placed on a developmental plan when there is a demonstrated, documented

departure from standards of competence, which include the skills, knowledge and behaviors specific

to the performance criteria. The developmental plan shall be proposed not more than eight (8) weeks

after either the Performance Appraisal or the documented incident(s) indicating such departure. The

developmental plan shall include specific, measurable goals with a specific time lines of not more

than three months to completion. A plan may be extended by agreement, in writing, executed by

the nurse, the Union and the supervisor. For implementing a developmental plan, shift assignments

for a given nurse may be changed without regard to seniority for up to three months. The

Department shall not arbitrarily or capriciously change the shift assignment of nurse pursuant to a

developmental plan. If a nurse’s shift is changed, the nurse shall continue to receive any applicable

home shift differential for the duration of the Developmental Plan. The decision requiring a

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

developmental plan arising out of a written performance evaluation may be appealed to the

appropriate Associate Administrator. The nurse may have, on request, a representative of choice at

the appeal, which will be held no later than five (5) days before implementing the plan. The decision

requiring a developmental plan shall not be subject to the grievance procedure.

258. In all other instances where there is a demonstrated, documented departure from standards of

competence, the nurse shall have the option of rejecting a Developmental Plan. If the nurse rejects

the plan, the City may proceed with disciplinary action.

259. If a nurse fails to successfully complete a developmental plan as outlined above, management shall

have the option of: 1) extending the developmental plan, subject to the provisions of the paragraph

above; 2) delaying a step increase until successful completion of the plan, at which point the step

increase shall be implemented and the anniversary date shall remain unchanged; 3) discipline, up to

and including dismissal. Any determination to delay a step increase or to initiate disciplinary action

for failure to successfully complete a developmental plan shall trigger notification to the Union and

shall be grievable pursuant to the provisions of Section I.L. of this Agreement.

II.O. LOUNGES AND EATING FACILITIES

260. Provisions will be available at each facility where there are more than twenty (20) Registered Nurses

for lockers, clothes racks, eating and resting purposes.

261. The Department will work with the Union through the Labor Monitoring Committee structure to

address the issues of appropriate facilities.

262. As part of any new funding proposals for new construction or renovations, the Department of Public

Health will include requests for funding designated non-work areas for the purpose of providing a

location for employees to take their breaks.

263. At Laguna Honda Hospital, a lounge will be designated for nursing personnel in each neighborhood.

264. The Department will provide filtered or purified water in water dispensers for nurses who work at

the old Laguna Honda Hospital as may be necessary based on water quality and safety.

II.P. PARKING FACILITIES

265. DPH will provide parking for Nurse-Responders in Sexual Assault cases in the SFGH Emergency

Department parking lot.

266. Beginning January 1, 2006, the monthly rate for basic employee parking at facilities under the City’s

management and control will not exceed the price of a MUNI Fast Pass, plus $10 for all employees

covered by this Agreement.

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

267. The City shall provide parking placards to all Health at Home and Public Health Nurses who are

required to use their personal car in the course of their work to provide patient care at the patient’s

home or in the community.

268. The City shall make best efforts to institute payroll deductions for monthly parking fees at facilities

under the City’s management and control.

II.Q. INACTIVE STATUS AND STATUTORY LEAVES FOR EXTERNAL P103 PER DIEM NURSES

269. Per-diem nurses shall notify the Department of Public Health in writing thirty (30) days in advance

whenever they elect to become inactive. Inactive Status is defined as a status in which a per-diem

nurse remains employed as a P-103 per-diem nurse but is unavailable, for any reason, for work.

270. Notification of inactive status shall include the period of time of inactive status, provided the per-

diem nurse may return to active status at any time prior to the expiration of the period with two (2)

weeks notice to the Nurse Manager.

271. Each period of inactive status shall not exceed six (6) months within a twelve (12) month period,

unless the employee is on an authorized protected leave (e.g. FMLA, CFRA, Workers’

Compensation, etc.). Failure to return to active status after the six (6) month period shall be

reported to the Department of Human Resources and recorded as an automatic resignation under

applicable Civil Service Commission Resignation Rule. Additionally, a per-diem nurse’s failure to

respond to a written request to schedule for four (4) consecutive pay periods shall be reported to

the Department of Human Resources and recorded as an automatic resignation.

272. Per-diem nurses electing inactive status for purposes of statutory leave or other leaves available

according to the Memorandum of Understanding shall be entitled to return to the per-diem roster

in the same program/facility.

II.R. COMMITTEE ON DIVERSITY, EQUITY AND INCLUSION

273. The City and the Union are committed to ensuring a diverse, equitable, and inclusive City

workforce. For the term of this Agreement (effective July 1, 2022 – June 30, 2024), the City shall

release one (1) Union delegate to participate in the Committee on Diversity, Equity and Inclusion

that is established in the SEIU 1021 Miscellaneous Agreement to discuss issues in the workplace

for City employees represented by the Union related to diversity and an equitable and inclusive

City workplace.

274. The Committee on Diversity, Equity, and Inclusion shall meet not less than every two months,

except by mutual agreement, to discuss issues related to training needs, recruitment, retention, and

promotional opportunities, such as potential barriers in employment for City employees

represented by the Union.

275. The City shall make reasonable efforts to ensure the following:

ARTICLE II – EMPLOYMENT CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

276. a. All supervisors covered by this Agreement must take the City’s online implicit bias

training prior to June 30, 2022.

277. b. In accordance with Executive Directive 18-02, all employees covered by this Agreement

who participate on hiring panels must take the City’s “Fairness in Hiring” online training.

278. c. All supervisory employees covered by this Agreement shall be provided the City’s Sexual

Harassment Prevention Training once every two years.

279. By no later than December 1, 2019 2022, DHR shall provide the Union with information on its

checklist and supplemental training on disciplinary principles for all departments to ensure

consistency and fairness in administration of discipline.

280. The City shall make available on its website annual reports on discipline, probationary releases,

and Performance Improvement Plans prepared pursuant to the Mayor’s Executive Directive 18-02

Ensuring a Diverse, Fair, and Inclusive City Workforce. Upon request of the Union and mutual

agreement of the parties, the City shall provide additional reports on workforce demographics for

employees represented by the Union, to the extent such reports do not violate employee privacy.

281. The Committee shall discuss issues of diversity, equity and inclusion in City employment

including the recommendations in the June 2021 “Report of San Francisco Independent Reviewer

for Mayor London Breed by Professor William B. Gould IV.” The parties agree that any

discussions, advice, or proposals from the DEI Committee on issues that fall outside the scope of

bargaining, including but not limited to recruitment and retention issues, are advisory only.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

ARTICLE III. PAY, HOURS AND BENEFITS

III.A. SCHEDULES OF COMPENSATION

282. The schedules of compensation for all represented classifications of employment subject to the

provisions of Section A8.403 of the Charter shall be increased as follows:

283. Effective July 1, 2022, represented employees shall receive a base wage increase of 5.25%.

284. Effective July 1, 2023, represented employees shall receive a base wage increase of 2.50%. except

that if the March 2023 Joint Report, prepared by the Controller, the Mayor's Budget Director, and

the Board of Supervisors' Budget Analyst, projects a budget deficit for fiscal year 2023-2024 that

exceeds $300 million. then the base wage adjustment due on July 1. 2023. will be delayed by

approximately six (6) months to be effective January 6. 2024.

285. Effective January 6, 2024, represented employees shall receive a base wage increase of 2.25%.

except that if the March 2023 Joint Report. prepared by the Controller. The Mayor's Budget

Director. and the Board of Supervisors' Budget Analyst. projects a budget deficit for fiscal year

2023-2024 that exceeds $300 million, then the base wage adjustment due on January 6, 2024. will

be delayed by approximately six (6) months, to be effective close of business June 30, 2024.

286. Effective July 1. 2022, Steps 3 through 5 shall be increased by 1.00%. Steps 6 through 10 shall be

increased by 1.50%.

287. Effective July 1. 2023. Steps 6 through 10 shall be increased by 0.50%.

288. All wage increases provided in this Agreement will commence at the start of the payroll period

closest to the date specified for the wage increase, unless noted otherwise, and shall be rounded to

the nearest whole dollar bi-weekly salary.

289. Rates for employees' classes are on a biweekly basis for a normal work schedule of five days per

week, eight hours per day.

Class 2830 Public Health Nurses

290. A Class 2830 Public Health Nurse will earn a premium of $2.225/per hour above their regularly

scheduled rate upon completion of six months of service at Step 6. Effective July 1, 2014, new hires

into Class 2830 shall no longer be eligible for this $2.225/per hour premium.

III.B. WORK SCHEDULE

(SECTION III.B. Work Schedule does not apply to P103 Per Diem Nurses except for paragraph 296

and 297 regarding compensation for missed meal periods and rest breaks.)

Normal Work Schedules

291. Unless otherwise provided in this MOU, a normal work day is a tour of duty of eight (8) hours

completed within not more than nine (9) hours.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

292. Upon request of the appointing officer, the Department of Human Resources may authorize work

schedules for registered nurse classifications which are comprised of eight (8) hours within twelve

(12) or a forty (40) hour work week in four (4), five (5) or six (6) consecutive days. Such change

in the number of work days shall not alter the basis for, nor entitlement to, receiving the same rights

and privileges as provided all five-(5) day, forty-(40) hour-a-week employees.

293. All classifications of employees having a normal work day of eight (8) hours may voluntarily work

in flex-time programs authorized by appointing officers and may voluntarily work more than or less

than eight (8) hours within twelve (12) hours, provided that the employee must work five (5) days

a week, eighty (80) hours per payroll period, and must execute a document stating that the employee

is voluntarily participating in a flex-time program and waiving any rights the employee may have

on the same subject contained in a memorandum of understanding.

294. Employees may voluntarily work ten (10) or twelve (12) hour shifts when authorized by the

appointing officer, provided such ten (10) or twelve (12) hour shifts shall not alter the basis for, nor

entitlement to, receiving the same rights and privileges as provided for all five (5) day, forty (40)

hour a week employees, except, however, that ten (10) and twelve (12) hour shift employees who

actually work on a holiday shall receive full holiday compensation for the regularly scheduled shift

worked on a holiday.

295. Management will not require employees to work more than three (3) consecutive twelve hour shifts.

The parties recognize that employees who opt not to work more than three (3) consecutive twelve

hour shifts may be scheduled split days off as a result, and that this scheduling policy may reduce

the opportunity for other nurses to be scheduled for more than four (4) consecutive twelve hour

shifts. Nothing in this provision prevents nurses from voluntarily working more than three (3)

consecutive twelve hour shifts.

Meal and Rest Breaks

296. Each nurse shall be granted a paid rest period of fifteen (15) minutes during each work period of

four (4) hours duration, when operationally feasible; provided, however, that rest periods are not

scheduled during the first or last hour of such periods of work. No wage deductions shall be made

nor time off charged against employees taking authorized rest periods, nor shall any right to

overtime be accrued for rest periods not taken. Nurses who do not take their rest period shall not be

entitled to arrive late or leave work early. Every effort will be made to ensure that the nurse has the

opportunity to take rest periods. Current practices may continue by agreement of the parties.

Effective July 1, 2022, nurses who are mandated to work through their fifteen (15) minute rest break

shall receive a fifteen (15) minute fifty percent (50%) non-pensionable premium of their base hourly

rate for each missed rest break.

297. Additionally, each nurse shall be provided an opportunity to take a thirty (30) minute meal break

per eight (8) or twelve (12) hour shift. The time shall be unpaid and free of duty. In the event the

employee is required to work through the meal period and is not provided a meal period free of duty

at a later time, the employee shall be paid for the time at the one-and-one-half-time overtime rate.

(Example: employees working through a meal period plus an eight (8) hour shift shall be paid eight

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

and one-half (8.5) hours at the applicable rate(s)). Any employee who is not permitted to take a

meal period shall notify the Charge Nurse or Nurse Manager who will in turn notify the AOD.

298. PES: An exception to this paragraph may be made for designated eight (8) hour shifts when

employees are not permitted to leave the facility and are paid for eight (8) hours.

299. When providing employees with meal and rest breaks, SFGH will maintain Title 22 ratios consistent

with Title 22 standards. The Department will designate break relief RNs for each zone/unit where break

coverage is required under Title 22. Designated break relief RNs are used to supplement base staffing

to insure that ratios are maintained.

300. Upon request of the Union to any City department, the Board of Supervisors authorizes any

department head, board or commission to meet and confer with the Union on proposals offered by

the Union or the department relating to alternate scheduling of working hours for all or part of a

department. Such proposals may include but are not limited to core-hour flex-time, fulltime work

weeks of less than five (5) days or a combination of plans which are mutually agreeable to the Union

and the department concerned. It is the intent of the Board that the work year shall continue to be

two thousand eighty (2080) hours (two thousand eight-eight (2088) in leap years) and that overtime

shall be earned on a daily and weekly basis provided, however, the Union and the affected

department may mutually agree on cost equivalent alternative scheduling practices. Any such

agreement shall be submitted in ordinance form to the Board of Supervisors for its approval or

rejection.

301. A normal work week is a tour of duty on each of five (5) consecutive days.

Exceptions:

302. • Specially funded training programs approved by the Civil Service Commission.

303. • Educational and training courses - regular permanent civil service employees may, on a voluntary

basis with approval of appointing officer, work a forty-(40)hour week in six (6) days when required

in the interest of furthering the education and training of the employee.

304. • Employees shall receive no compensation when properly notified (two (2) hour notice) that work

applicable to the classification is not available because of inclement weather conditions, shortage of

supplies, traffic conditions, or other unusual circumstances. Employees who are not properly

notified and report to work and are informed no work applicable to the classification is available

shall be paid for a minimum of two (2) hours.

305. • Employees who begin their shifts and are subsequently relieved of duty due to the above reasons

shall be paid a minimum of four (4) hours, and for hours actually worked beyond four (4) hours,

computed to the nearest one-quarter (1/4) hour.

Voluntary Reduced Workweek

306. Employees may request to voluntarily work a reduced workweek. Pay, vacation, holidays and sick

pay shall be reduced in accordance with such reduced workweek.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

307. Reduced workweek schedules are subject to the following conditions:

308. a. Reduced schedules may be granted to employees covered by this Agreement for a

temporary or permanent basis subject to the approval of the Appointing Officer or

designee. Up to fifteen percent (15%) of employees at San Francisco General

Hospital and ten percent (10%) of employees at Laguna Honda Hospital shall be

granted a reduced work schedule upon request by seniority.

309. b. Up to ten percent (10%) of employees in Community Public Health Services,

inclusive of 2830 Public Health Nurses and employees in Community Behavioral

Health Services, and ten percent (10%) of employees in Forensic Services shall be

granted a reduced work schedule upon request by seniority.

310. c. Requests for reduced work schedules beyond those required in the paragraphs above

may be granted to employees covered by this Agreement for a temporary or

permanent basis subject to approval of the Appointing Officer or designee.

311. d. Reduced work schedules shall not be approved for less than the following:

Community Health Programs: 16 hrs/wk

Mental Health Programs: 4 shifts per bi-weekly pay period

Laguna Honda Hospital: 16 hrs/week, provided such schedules shall be approved

only in 8 hour per week increments, including reduced work schedules provided in

the paragraphs above

SFGH: 16 hr/week;

312. e. Employees currently on a reduced workweek schedule which may differ from the

above may continue on such schedule.

313. f. Departments will post the availability of reduced workweek positions for all unit

employees via email for a posting period of no less than two weeks. Nurses

requesting the reduced workweek position within the posting period will be awarded

reduced workweek positions by seniority using the same process the department uses

to award vacation requests and shift selection.

Part-time Work Schedule

314. A part-time work schedule is a regular work schedule less than forty (40) hours per week.

315. DPH Human Resources will report the number and percentage of nurses working a reduced

workweek by department to the JLMMC on a quarterly basis.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Reduced FTE Committee

316. The City and the Union agree to meet on or before September 1. 2022, and thereafter by mutual

agreement, to discuss and reach consensus on amendments to this Agreement to discuss the

feasibility of creating additional reduced FTE positions, and related matters that the City and Union

mutually agree upon. DPH shall release not more than four (4) Union members to participate in

those discussions. Should the parties reach agreement on such additions or modifications, they shall

prepare and submit to the Board of Supervisors an ordinance amending the Agreement to implement

those changes effective July 1, 2023. If the parties are unable to reach agreement on modification to

the Agreement, they shall submit outstanding disputes to mediation on or before April 1, 2023.

Part-Time Night Shift

317. All part-time nurses at Laguna Honda Hospital who work the night shift shall be guaranteed a

minimum of two consecutive nights off. At the request of the Union, the parties shall meet and

confer to review schedules at San Francisco General Hospital in order to determine, through

application of each party's best efforts, the feasibility of and possible mechanisms for providing a

minimum of two consecutive nights off for part-time 8-hour night shift nurses.

III.C. COMPENSATION FOR VARIOUS WORK SCHEDULES

(SECTION III.C. Compensation for Various Work Schedules does not apply to P103 Per Diem

Nurses)

Normal Work Schedule

318. Compensation fixed herein on a per diem basis are for a normal eight (8) hour work day; and on a

biweekly basis for a biweekly period of service consisting of normal work schedules.

Part-time Work Schedules

319. Salaries for part time services shall be calculated upon the compensation for normal work schedules

proportionate to the hours actually worked.

III.D. ADDITIONAL COMPENSATION

Shift Differential

320. Employees shall be paid ten percent (10%) more than the base rate set forth herein for hours worked

in shifts designated by the Department of Public Health to be evening shifts and twenty percent

(20%) more than the base hourly rate for hours worked in shifts designated by the Department of

Public Health to be a night shift.

Bilingual Pay

321. Subject to Department of Human Resources approval, employees who are certified as bilingual and

who are assigned to perform bilingual services shall receive a bilingual premium of sixty dollars

($60) per pay period. Employees who passed the test will be deemed to be assigned to perform

bilingual services unless the manager can demonstrate that there is no patient care need for the

language in that department or program. For purposes of this section, “bilingual” means the ability

to interpret and/or translate non-English languages including sign language for the hearing impaired

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

and Braille for the visually impaired, and “certified” means the employee has successfully passed a

language proficiency test approved by the Director of Human Resources. The City shall make

language proficiency tests available quarterly at rotating sites until the test becomes fully remote.

Schedule for tests date and sites will be posted online.

322. Effective January 1, 2020, at the City’s discretion, the City may require an employee to recertify not

more than once every two years to continue receiving a bilingual premium.

Supervisory Differential Adjustment

(Supervisory Differential Adjustment does not apply to P103 Per Diem Nurses)

323. Compensation of a supervisory employee whose schedule of compensation is set herein shall be

adjusted subject to the following conditions:

324. The supervisor, as part of the regular responsibilities of the employee’s class, supervises, directs, is

accountable for and is in responsible charge of the work of a subordinate or subordinates.

325. The supervisor/subordinate relationship is approved by the Appointing Officer, chief administrative

officer, board or commission, where applicable, and is a matter of record based upon review and

investigation by the Department of Human Resources.

326. The classifications of both the supervisor and the subordinate are appropriate to the organization

and have a normal, logical relationship to each other in terms of their respective duties and levels of

responsibility and accountability in the organization.

327. The compensation schedule of the supervisor is less than five percent (5%) or one (1) full step over

the compensation schedule, exclusive of extra pay, of the employee supervised.

328. The adjustment of the compensation schedule of the supervisor shall be to the nearest compensation

schedule representing, but not exceeding, five percent (5%) or one full step over the compensation

schedule, exclusive of extra pay, of the employee supervised.

329. If the application of this section adjusts the rate of pay of an employee in excess of the employee’s

immediate supervisor, the pay of such immediate supervisor shall be adjusted to an amount One

Dollar ($1.00) biweekly in excess of the base rate of the supervisor’s highest paid subordinate,

provided that the applicable conditions for supervisory differential are also met.

330. Compensation adjustments are effective retroactive to the beginning of the current fiscal year or the

date in the current fiscal year upon which the employee became eligible for such adjustment under

these provisions.

Standby Pay

331. Nurses required by the Appointing Officer or designee to stand by when normally off duty to be

constantly available for immediate service shall be paid fifty-percent (50%) of their regular straight

time rate of pay, including all shift premiums and differentials for the period on standby. When

such nurses are called upon to report to work during the period of such standby service, they shall

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

be paid at the rate of time and one-half (1-1/2) their regular straight time rate of pay for time spent

at work on callback, including all shift premiums and differentials; provided, however, that such

nurses are guaranteed a minimum credit of three (3) hours work for each occasion for which they

are called in not to exceed the total hours of the standby period. Nurses required by the Appointing

Officer or designee to standby on holidays when they are normally off duty to be constantly available

for immediate service shall be paid seventy-five percent (75%) of their regular straight time rate of

pay for the period on standby. The Appointing Officer or designee will review, upon request of the

Union, the feasibility of using standby pay in specific areas of the Department.

(Neither the Call Back nor the Quality of Care Premium apply to P103 Per Diem Nurses)

Callback Pay

332. If an employee on call back resumes the employee’s regular work schedule on the day after call

back, and if the employee’s regular schedule calls for the employee to come in within eight (8) hours

after call back, the employee has the option to either not work or work at time and one-half until the

employee has twelve (12) consecutive hours rest time. This provision may be waived on the request

of said employees and the approval of the appointing officer or appropriate designated

representative.

Quality of Care Premium

333. To compensate employees during heightened workload periods necessary to ensure appropriate

levels of patient care, nursing professionals in Classes 2320 Registered Nurse, 2323 Clinical Nurse

Specialists, 2325 Nurse Midwife, 2328 Nurse Practitioner, 2330 Anesthetist, and 2830 Public Health

Nurse, shall be entitled to pay at a rate of time-and-one-half for any hours worked that impinge upon

the industry standard of a 12-hour rest period between the end of one shift (including mandatory

overtime or voluntary overtime worked in lieu of mandatory overtime) and the start of the next shift.

Health at Home On-Call Premium

334. Health at Home (HAH) is a program which provides an array of skilled health services for clients

who have been referred by a provider for health care in the home.

335. HAH registered nurses (RN’s) who have been assigned by the Department of Public Health to be

available on-call outside of normal work hours shall receive three hours of pay at the Per Diem rate

for each on-call shift assignment. An on-call shift assignment is defined as a 5 p.m. and 8 a.m.

assignment (15 hours). If the RN is required to make a patient visit as a result of a patient call, the

RN shall receive time and one half of the P103 rate for the period actually worked including travel

and paperwork.

336. With approval of the designated administrator, the Nurse may elect to accumulate the on-call

premium and convert it hour for hour to compensatory time off.

Weekends Off For Nurses

(Weekends Off For Nurses does not apply to P103 Per Diem Nurses)

337. Employees in Classes 2320 Registered Nurse, 2323 Clinical Nurse Specialist, 2330 Anesthetist, and

2830 Public Health Nurse shall receive a minimum of two weekends off each month. If any such

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

employee is required to work three (3) consecutive weekends, the employee shall receive time and

one-half on the third and succeeding consecutive weekends. Individual nurses have the option to

waive this provision with two (2) weeks’ notice for a specified period of time with the approval of

the appointing officer or appropriate designated representative. Notwithstanding the provisions of

this agreement, in order to guarantee two (2) weekends off each calendar month, there shall be no

restrictions on split days off.

338. Notwithstanding any other provisions of this agreement, employees in these classifications shall not

work more than six (6) consecutive days if days off are split or eight (8) consecutive days if days

off are not split. This provision may be waived upon the written request of the employee with the

approval of the appointing officer or the designated representative.

339. The definition of the beginning and ending of the weekend are site-specific. By mutual agreement

between the Union and the Department, the parties may change the definition of the weekend.

340. Effective February 1, 2017, for SFGH employees working twelve (12) hour shifts, the definition of

the weekend will be Friday 7:00 pm through Sunday 6:59 pm for purposes of computing shift pay

outlined in Article III Pay, Hours, and Benefits Weekend Premium, and in defining weekend shifts

for employee obligations prescribed in Article III Pay, Hours, and Benefits in paragraph 316.

Weekend Premium

(Weekend Premium does not apply to P103 Per Diem Nurses)

341. A weekend schedule is defined as working two (2) separate shifts in the same weekend.

342. Nurses shall be paid a 5% premium above their base hourly wage, including shift differential, for

all hours worked on the weekend.

343. This section is not intended to supersede the provision for time and one-half (1-1/2) for a third

consecutive weekend or any succeeding consecutive weekends. Therefore, nurses volunteering to

work three (3) out of four (4) weekends are not eligible for the time and one-half (1-1/2) premium.

344. Employees in Class 2330 Anesthetist shall be paid at time-and-one-half the employee’s base hourly

rate, which shall include a shift differential if applicable, for hours worked on a weekend.

Court Duty Compensation and Jury Duty

345. Any Registered Nurse required to appear in court, hearing, or deposition to give testimony directly

related to the performance of the Nurse’s job duties outside the Nurse’s normal working hours shall

be compensated for such time in accordance with the compensation provisions of this MOU. Any

witness or other fee payable by a third party for the testimony of any Registered Nurse directly

related to the performance of the nurse’s job duties shall be paid directly to the City where the nurse

is compensated for such time by the City.

346. An employee shall be excused from work on a work day on which the employee serves jury duty,

providing the employee gives prior notification to the supervisor.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

347. To receive leave with pay for jury duty, employees must (1) provide written proof of jury service

from the court to verify actual appearance for each day of jury duty, and (2) decline any payment

from the court for jury duty.

348. If an employee is required to call-in during the work day for possible midday jury duty, the employee

shall coordinate in advance with the employee’s supervisor about whether and when to report to

work.

349. The Appointing Officer or designee shall make reasonable efforts to assign to the day shift

employees working swing or night shift for the duration of their witness or jury duty leave. Under

no circumstances will a nurse be required to work either a PM or night shift immediately after

witness or jury duty. The Appointing Officer or designee shall make reasonable efforts to assign a

Monday through Friday schedule to employees working week-end shifts for all hours paid for the

duration of their witness or jury duty leave. A nurse shall be compensated for the nurse’s regular

shift while the nurse is on witness or jury duty leave. Compensation for such leave shall be in

accordance with Charter Section A8.400(g) and Civil Service Rules. Disputes regarding denial of

witness or jury duty leave shall be resolved pursuant to Civil Service Leaves of Absence Rule, or

addressed in the Grievance procedure.

350. Rape Treatment Center Nurses and Sexual Assault Nurse Examiners who are subpoenaed for

courtroom testimony shall not be expected to be available to respond to new calls during the period

of courtroom testimony.

Charge Nurse and Acting Assignment Pay

1. Charge Nurse Pay

351. Charge Nurses are accountable to the Nurse Manager (class 2322) or appropriate supervisor

from the Nursing Department for the assumption of specific leadership responsibilities and

patient care duties, as assigned. Charge Nurses coordinate all unit activities such as: work

flow; facilitating patient admissions, discharges and transfers; monitoring unit activities, and

other indirect patient care activities. Furthermore, the Charge Nurse acts as resource person

to nursing staff and acts as a liaison to other units. Completion and execution of the

performance evaluation remain the responsibility of the Nurse Managers.

352. Charge Nurses’ responsibilities related to performance evaluations are not considered by the

parties to be a basis to change the status of the Charge Nurse for purposes of bargaining unit

representation.

353. At SFGH and LHH, such assignments shall be made for P.M., night, and weekend shifts

when no management personnel is present on the unit.

354. Any registered nurse assigned to do work as a Charge Nurse, except to relieve the Charge

Nurse during their meal or rest breaks, shall be paid a premium of 7.5% of the registered

nurse’s base hourly rate above the base hourly rate of pay for such hours actually assigned.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

355. Public Health Nurses who are assigned to be Nurse of the Day shall receive Charge Nurse

Pay.

356. The Health at Home Registered Nurse designated as “primary nurse” on weekend days shall

be paid the Charge Nurse Premium.

2. Acting Assignment Pay

(Acting Assignment Pay does not apply to P103 Per Diem Nurse)

357. A nurse temporarily assigned by the Appointing Officer or designee to perform a substantial

portion of the duties and responsibilities of a higher classification shall be eligible to out of

class pay after the tenth (10th) work day (within a sixty day period) of such an assignment,

retroactive to the first (1st) day of the assignment. The nurse shall be paid at the salary step

of the class to which the nurse is temporarily assigned which represents at least a 5% increase

over the nurse’s current base salary.

Preceptor and MERT Premiums

358. Preceptorship is an organized instructional program in which designated members of the existing

RN staff facilitate the integration of newly employed or reassigned clinical RNs to their role and

responsibilities in the assigned work setting. Additionally, Registered Nurses assigned to the

Medical Emergency Response Team (MERT) provide clinical support, assistance and education to

RNs assigned to Medical-Surgical or any inpatient or outpatient diagnostic or treatment areas

covered by the MERT. Preceptorship programs entail a complete process of assessment and

evaluation of the newly hired staff’s competency. MERT Nurses provide clinical assistance and

instruction to primary RN staff to assist in assessing and stabilizing patients.

359. A preceptor is an experienced and competent clinical RN, and a MERT RN is an RN trained and

designated as competent in MERT practice. Both the preceptor and MERT RN function and serve

as role models and resource persons to the preceptee or other staff when the MERT is called.

360. A nurse who moves into a new clinical position who requires acquisition of nursing knowledge

and/or skills will be assigned a preceptor. The scope and duration of the training and preceptorship

will be determined by the Nurse Manager according to the preceptee’s individual needs.

361. Nurses who are designated by the Department of Public Health as a Preceptor, assigned to train

nurses, or any other RN clinician who takes responsibility for the preceptee’s training during clinical

time, shall be paid a seven and one half percent (7.5%) Preceptor premium in additional to their base

pay for any hours worked during which they are assigned to perform such duties. Additionally, RNs

assigned to the MERT Team shall be paid a seven and one half percent (7.5%) preceptor premium

in addition to their base pay for hours worked when assigned to perform MERT duties.

Class 2323 Clinical Nurse Specialist Pager Premium

362. Nurses in class 2323 Clinical Nurse Specialist shall receive a 5% premium above their basic hourly

pay for all hours worked, if the Department of Public Health requires them, in writing, to carry and

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

respond to a pager while off duty, after normal working hours. Nurses shall only be eligible for this

premium during the period of the pager assignment.

Jail Health Services Premium

363. Beginning July 1, 2019, Permanent Civil Service 2320 Registered Nurses and 2328 Nurse

Practitioners who are assigned to work in jails operated by the San Francisco Sheriff’s Department

shall be paid a new premium of one percent (1%) above their base hourly wage. Beginning July 1,

2020, the premium shall increase by one percent (1%) for a total premium of two percent (2%).

Beginning July 1, 2021, the premium shall increase by one percent (1%) for a total premium of three

percent (3%).

III.E. OVERTIME COMPENSATION

(SECTION III.E. Overtime Compensation does not apply to P103 Per Diem Nurses except for

section 3. and 4.)

364. Appointing officers may require employees to work longer than the normal work day or longer than

the normal workweek. It is the intent of the Department of Public Health to avoid mandatory

overtime to the maximum extent possible, taking into consideration such factors as patient care

needs and staffing. Accordingly, before requiring mandatory overtime, the Department of Public

Health will make every good faith effort to utilize Per Diem Nurses, voluntary overtime, registry or

other appropriate licensed personnel. Internal per diems who opt for this overtime will not, at their

request, be required to report to their next scheduled shift.

365. 1. For employees regularly scheduled to work five (5) eight (8) hour shifts per week, any time

worked under proper authorization of the appointing officer by a nurse in excess of the

regular work day or eighty (80) hours per payroll period shall be designated as overtime and

shall be compensated at one and one-half (1-1/2) the base hourly rate which shall include a

shift differential if applicable.

366. 2. For employees working any other work schedules (e.g., part-time, 12 hour shifts), anytime

worked under proper authorization of the appointing officer by a nurse in excess of twelve

(12) hours in a day or eighty (80) hours per payroll period shall be compensated at one-and-

one-half (1-1/2) the base hourly rate which shall include shift differential if applicable.

367. 3. For External P-103 Per Diem Nurses, anytime worked under proper authorization of the

appointing officer in excess of forty (40) hours in a week shall be compensated at one-and-

one-half (1-1/2) the base hourly rate which shall include shift differential if applicable.

368. 4. Mandatory overtime shall be compensated at one-and-one-half (1-1/2) the base hourly rate

which shall include shift differential if applicable.

369. 5. For informational purposes only, effective July 1, 2020, the Department of Human

Resources administratively changed the status of classification 2830 Public Health Nurse

from “Z” to “N.”

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

370. Nurses who regularly work the night shift and who are required to work overtime into the day shift

hours shall receive the applicable shift differential for all hours worked within the day shift.

Overtime compensation so earned shall be computed subject to all the provisions and conditions set

forth herein.

371. If a nurse is forced to work mandatory overtime the nurse shall not be required to work more than

fifteen (15) consecutive hours.

372. No appointing officer shall require an employee not designated by a "Z" symbol in the Annual

Salary Ordinance to work overtime when it is known by said appointing officer that funds are legally

unavailable to pay said employee, provided that an employee may voluntarily work overtime under

such conditions in order to earn compensatory time off at the rate of time and one-half ((1-1/2),

pursuant to the provisions of this MOU. The Appointing Officer or designee shall notify the Union

when and if overtime funds are legally unavailable.

373. Employees occupying executive, administrative, or professional positions designated by a "Z"

symbol in the Annual Salary Ordinance shall not be paid for overtime worked, but may be granted

compensatory time off at the rate of one and one-half (1-1/2) times for time worked in excess of

normal work schedules.

374. Non-"Z" designated employees who are required or suffered to work overtime shall be paid in salary

unless the individual employee requests compensatory time off in lieu of paid overtime providing

the request is approved by the appointing officer. Compensatory time shall be earned at the rate of

time and one-half, request to receive compensatory time shall be made in writing and shall be

submitted to the appointing officer or designated representative as soon as possible and in no event

later than the end of the first pay period following the pay period in which the overtime was worked.

In lieu compensatory time off shall be taken at a time mutually agreeable to the employee and the

appointing officer in the fiscal year earned subject to the following conditions:

375. 1. If the appointing officer and the employee are unable to mutually agree on when time off

shall be taken, any accrued time off shall be paid at the end of the fiscal year; or,

376. 2. If the appointing officer and the employee mutually agree, compensatory time off may be

taken during the succeeding six (6) month period following the end of the fiscal year in

which the compensatory time was earned. However, if the compensatory time cannot be

enjoyed by the employee in said subsequent six (6) month period, the employee shall be paid

in cash.

377. The City agrees to take necessary action in the annual budget process and through the supplemental

appropriation process, if necessary, to assure that the departments’ overtime account will have

sufficient funds to pay nurses' overtime and holiday pay throughout the fiscal year. The Appointing

Officer or designee shall forward overtime rolls to the Controller within five (5) working days of

the end of the pay period in which the overtime was worked.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

III.F. HOLIDAYS AND HOLIDAY PAY

(Section III. F., Holidays and Holiday Pay does not apply to P103 Per Diem Nurses, except as

provided in Paragraph 333.)

378. Except as otherwise provided herein and except when normal operations require, or in an

emergency, employees shall not be required to work on the following days hereby declared to be

holidays for such employees: January 1, the third Monday in January (Martin Luther King, Jr.'s

Birthday), the third Monday in February (Washington's Birthday), the last Monday in May, July 4,

first Monday in September (Labor Day), the second Monday in October (Indigenous Peoples Day,

Italian American Heritage Day), June 19 (Juneteenth), November 11, Thanksgiving Day, the Day

after Thanksgiving, December 25, and any day declared to be a holiday by proclamation of the

Mayor after such day has heretofore been declared a holiday by the Governor of the State of

California or the President of the United States, and, three additional holidays to be taken on days

selected by the employee, subject to approval of the appointing officer. Both fulltime and part-time

temporary employees must complete six (6) months continuous service before receiving the

additional days, provided further, that all part-time temporary employees who are not regularly

scheduled, but are employed on an "as needed", irregular, intermittent or other irregular basis are

ineligible for the additional days.

379. Provided, further, if January 1, June 19, July 4, November 11 or December 25 falls on a Sunday, the

Monday following is a holiday, except for employees on other than Monday through Friday.

380. In the event a legal holiday falls on a Saturday, the preceding Friday shall be observed as a holiday;

provided, however, that except where the Governor declares that such a preceding Friday shall be a

legal holiday, each department head shall make provision for the staffing of public offices under the

department head’s jurisdiction on such preceding Friday so that said public offices may serve the

public as provided in Section 16.4 of the Administrative Code. Those employees who work on a

Friday which is observed as a holiday in lieu of a holiday falling on Saturday shall be allowed a day

off in lieu thereof as scheduled by the appointing officer in the current fiscal year.

Holiday Compensation for Time Worked

381. Employees required by their respective appointing officers to work on any of the above specified or

substitute holidays, except Fridays observed as holidays in lieu of holidays falling on Saturday, shall

be paid extra compensation of one (1) additional day's pay at time and one-half (1-1/2) the usual

rate in the amount of twelve (12) hours pay for eight (8) hours worked or a proportionate amount

for less than eight (8) hours worked, provided, however, that at the employee's request and with the

approval of the appointing officer the employee may be granted compensatory time off in lieu of

paid overtime.

382. P-103 Per Diem Registered Nurses shall receive pay at time and one half for working on all legal

holidays recognized by the City. P-103 per diem registered nurses shall not earn entitlement for

the legal holiday.

383. Ten (10) and twelve (12) hour shift employees shall receive full holiday compensation for the

regularly scheduled shift worked on a holiday.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

384. Executive, administrative and professional employees designated in the Annual Salary Ordinance

with the "Z" symbol shall not receive extra compensation for holiday work but may be granted time

off equivalent to the time worked at the rate of one and one-half times for work on the holiday.

385. Management shall notify nurses of their need to request floating holidays and in lieu holidays on or

before February 1. Nurses must request such holidays by March 1 of each fiscal year. Floating

holidays and in lieu holidays will be assigned by the Department if not scheduled in accordance

with these provisions. An employee may carry over no more than the number of floating holidays

accrued in one year from fiscal year to the next fiscal year. The maximum floating holiday balance

shall be no more than twice the number of floating holidays accrued in one year.

Holidays for Employees on Work Schedules Other Than Monday Through Friday

386. Employees assigned to seven (7) day operation departments or employees working a five (5) day

work week other than Monday through Friday shall be allowed another day off if a holiday falls on

one of their regularly scheduled days off. Employees whose holidays are changed because of shift

rotations shall be allowed another day off if a legal holiday falls on one of their days off. Employees

required to work on a holiday which falls on a Saturday or Sunday shall receive holiday

compensation for work on that day. Holiday compensation shall not be paid for work on the Friday

preceding a Saturday holiday, nor on the Monday following a Sunday holiday. Those employees

who work on a Friday which is observed as a holiday in lieu of a holiday falling on Saturday shall

be allowed a day off in lieu thereof as scheduled by mutual agreement with the appointing officer

within the current or next fiscal year.

387. If the provisions of this section deprive an employee of the same number of holidays than an

employee receives who works Monday through Friday, the employee shall be granted additional

days off equal to such number of holidays. The designation of such days off shall be by mutual

agreement of the employee and the appropriate supervisor with the approval of the appointing

officer. Such days off must be taken within the fiscal year. In no event shall the provisions of this

section result in such employee receiving more or less holidays than an employee on a Monday

through Friday work schedule.

388. The following provision only affects holidays if a holiday falls on regularly scheduled days off and

another day in lieu is granted:

389. 1. In lieu holidays shall be requested within thirty (30) days before or after the holiday is

earned, and must be taken in the fiscal year in which they were earned or in the next fiscal

year. Nurses shall not be able to carryover unused in lieu holidays for more than one fiscal

year.

390. 2. The request for in lieu time off must be submitted for the approval of the Director of Nursing

or designated management representative two (2) weeks in advance of the day requested.

391. 3. In lieu days will be assigned by the Department if not scheduled in accordance with the

procedures described herein.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Holiday Pay for Employees Laid Off

392. An employee who is laid off at the close of business the day before a holiday who has worked not

less than five (5) previous consecutive work days shall be paid for the holiday.

Employees Not Eligible for Holiday Compensation

393. Except as provided for in paragraph 350 (Holiday Compensation for Time Worked) persons

employed for holiday work only, or persons employed on a part-time work schedule which is less

than twenty (20) hours in a biweekly pay period or persons employed on an intermittent part-time

work schedule (not regularly scheduled) or persons on leave without pay status both immediately

preceding and immediately following the legal holiday shall not receive holiday pay.

Part-time Employees Eligible for Holidays

394. Part-time employees who regularly work a minimum of twenty (20) hours in a biweekly pay period

shall be entitled to holidays as provided herein on a proportionate basis.

395. Regular fulltime employees are entitled to 8/80 or 1/10 time off when a holiday falls in a biweekly

pay period; therefore, parttime employees, as defined in the immediately preceding paragraph, shall

receive a holiday based upon the ration of 1/10 of the total number of hours the employee is regularly

scheduled to work in a biweekly pay period.

396. The proportionate amount of holiday time off shall be taken the same fiscal year in which the holiday

falls. Holiday time off shall be taken at a time mutually agreeable to the employee and the

appointing officer.

397. Except as set forth in the Employees Not Eligible for Holiday Compensation provision, employees

who work on a holiday shall be entitled to Holiday Pay (HP) for all hours worked.

Holiday Scheduling

398. The Department of Public Health will use its best efforts to grant each Registered Nurse qualifying

for paid holidays, Christmas or New Years off. The Department of Public Health will guarantee

one of the three, Thanksgiving, Christmas or New Years off. If a nurse works both Christmas and

New Years, such nurse has the option of having the nurse’s regular day off before or after the

holidays, unless the day requested is a Saturday or Sunday. Employees exercising this option shall

waive the provisions of the Consecutive Work Days paragraph.

399. Nurses who work twelve hour shifts shall receive holiday pay for Christmas and New Year's for the

period commencing at 7:00 p.m. on the eve of the holiday. In addition, Nurses who work eight-hour

shifts at SFGH med/surg shall receive holiday pay for Christmas and New Year’s for the period

commencing at 9:00 p.m. on the eve of the holiday.

400. Jail Health Services nurses who work eight-hour shifts shall receive holiday pay for the period

commencing at 10:00 p.m. on the eve of the holiday.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

401. The Department of Public Health will use its best efforts to grant the nurse’s first choice in

accordance with seniority. Regardless of seniority, a nurse will be guaranteed the nurse’s first

choice at least once every three (3) years.

III.G. SALARY STEP PLAN AND SALARY ADJUSTMENTS

(With exception of the Appointment Above Entrance Provision, SECTION III. H Salary Step Plan

and Salary Adjustments does not apply to P103 Per Diem Nurses)

402. Appointments to Registered Nurse positions in the City and County service shall be at the entrance

rate established for the position except as otherwise provided herein.

Promotive Appointment in a Higher Class

403. A nurse who is a permanent appointee following completion of the probationary period or six (6)

months of permanent service, and who is appointed to a position in a higher classification, either

permanent or temporary, deemed to be promotive by the Civil Service Commission shall have the

nurse’s salary adjusted to that step in the promotive class as follows:

404. 1. If the nurse is receiving a salary in the nurse’s present classification equal to or above the

entrance step of the promotive class, the employee's salary in the promotive class shall be

adjusted to two (2) steps in the compensation range over the salary received in the lower

class but not above the maximum of the salary range of the promotive classification.

405. 2. If the nurse is receiving a salary in the nurse’s present classification which is less than the

entrance step of the salary range of the promotive classification, the nurse shall receive a

salary step in the promotive class which is the closest to an adjustment of seven and one-half

(7-1/2%) above the salary received in the class from which promoted. The proper step shall

be determined by the biweekly compensation schedule and shall not be above the maximum

of the salary range of the promotive class.

Provisional to Promotive

406. A provisional appointee who accepts appointment to a promotive position from a regular eligible

list shall have the appointee’s salary in the promotive appointment based on the salary in the

appointee’s regular civil service next lower rank position from which the appointee gained

promotive eligibility, except as herein provided.

407. If the following conditions are met, the salary in the promotive appointment shall be not less than

the salary received under provisional appointment:

408. 1. That the nurse was serving under provisional appointment for at least six (6) months

immediately prior to accepting such regular promotive appointment.

409. 2. That the nurse received a salary above the entrance rate of the compensation schedule in the

provisional appointment.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

410. 3. That if the salary steps in the limited tenure class and the regular promotional class do not

match, the nurse shall be advanced to the salary step in the compensation schedule nearest

that received in the provisional appointment.

411. 4. Further increments in the compensation range in the regular promotive class shall be based

on the date of permanent appointment to the regular promotional appointment.

Nonpromotive Appointment

412. When a nurse who is a permanent appointee, occupying a permanent position, following completion

of the probationary period or six (6) months of permanent service, accepts a nonpromotive

appointment in a classification having a higher salary range, the appointee shall enter the new

position at that salary fixed for such class (including seniority increments) in the schedules of

compensation which is immediately in excess of the salary which the employee received

immediately prior to the employee’s appointment to such position.

413. When such employee accepts a nonpromotive appointment in a classification having the same salary

range, or a lower salary range, the appointee shall enter the new position at that salary step which is

the same as that received in the prior appointment, or if the salary steps do not match, then the salary

step which is immediately in excess of that received in the prior appointment, provided that such

salary shall not exceed the maximum of the salary range. Further increments shall be based upon

the seniority increment anniversary date in the prior appointment.

Appointment Above Entrance Rate

414. Appointments shall be made at the following steps based upon the employee’s years of Registered

Nurse experience:

Step

Years of

Service

7.5

415. The Department will provide a quarterly report to the Union containing the names of the employees

in classifications covered by this Agreement who have been hired at Step 2 or above in the prior

quarter, including the step at which each employee was hired.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Determination of Pay for Position Formerly Exempt

416. When a position in the municipal service has been exempt from the salary standardization provisions

of the Charter and becomes subject thereto, or when a position becomes subject to the salary

standardization provisions of the Charter through acquisition of a public utility, the salary of the

employee holding such position shall be calculated by including credit for continuous paid or

nonpaid service in the position immediately prior to its becoming subject to salary standardization.

Appointive Position

417. A nurse who holds an appointive position whose services are terminated, through lack of funds or

reduction in force, and is thereupon appointed to another appointive position with the same or lesser

salary range, shall receive a salary in the second position based upon the relationship of the duties

and responsibilities and length of prior continuous service as determined by the Civil Service

Commission.

Reappointment with Six (6) Months

418. A permanent employee who resigns and is subsequently reappointed to a position in the same

classification within six (6) months of the effective date of resignation shall be reappointed to the

same salary step that the employee received at the time of resignation.

Compensation Adjustments

419. When an employee promoted to a higher classification during a prior fiscal year receives a lesser

salary than if promoted in the same class and from the same salary step during the prior fiscal year,

the employee’s salary shall be adjusted on July 1st of the new fiscal year to the rate the employee

would have received had the employee been promoted in the prior fiscal year.

420. The Department of Human Resources is hereby authorized to adjust the salary and anniversary

increment date of any employee promoted from one class to a higher classification who would

receive a lesser salary than an employee promoted at a later date to the same classification from the

same salary step in the same base class from which the promotional examination was held.

421. When a classification that was formerly a next lower rank in a regular civil service promotional

examination receives through salary standardization a salary range higher than the salary range of

the classification to which it was formerly promotive, the Department of Human Resources shall

authorize a rate of pay to an employee who was promoted from such lower class equivalent to the

salary the employee would have received had the employee remained in such lower class, provided

that such employee must file with the Department of Human Resources an approved request for

reinstatement in accordance with the provisions of the Department of Human Resources rule

governing reinstatements to the first vacancy in the employee’s former classification, and provided

further that the increased payment shall be discontinued if the employee waives an offer of

promotion from the employee’s current classification or refused an exempt appointment to a higher

classification. This provision shall not apply to offers of appointment which would involve a change

of residence.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

422. The special rate of pay herein provided shall be discontinued if the employee fails to file and

compete in any promotional examination for which the employee is otherwise qualified, and which

has a compensation schedule higher than the protected salary of the employee.

423. When an employee is promoted under temporary appointment to a higher classification during a

prior fiscal year and is continued in the same classification without a break in service in the current

fiscal year, or is appointed to a permanent position in the same classification, such appointment shall

be in accordance with the provisions of this ordinance, provided that the salary shall not be less than

the same step in the salary range the employee received in the immediately prior temporary

appointment.

424. A temporary employee certified from a regular civil service entrance list who has completed six (6)

months or more of temporary employment within the immediately preceding one (1) year period

before appointment to a permanent position in the same class shall be appointed at the next higher

step in the salary schedule and to successive steps upon completion of the six (6) months or one (1)

year required service from the date of permanent appointment. These provisions shall not apply to

temporary employees who are terminated for unsatisfactory services or resign their temporary

position.

425. Permanent employee working under provisional appointment in other classifications or temporary

appointments from eligible lists in other classifications shall have their salary adjusted in the

provisional or temporary class when such employees reach their salary anniversary date in their

permanent class.

Compensation Upon Transfer or Reemployment

426. An employee transferred in accordance with Civil Service Commission rules from one department

to another, but in the same classification, shall transfer at the employee’s current salary, and if the

employee is not at the maximum salary for the class, further increments shall be allowed following

the completion of the required service based upon the seniority increment anniversary date in the

former department.

427. An employee who has acquired permanent status in a position and who is laid off because of lack

of work or funds and is re-employed in the same class after such layoff shall be paid a salary which

included credit for actual time served, either permanent or temporary, in the class prior to the layoff.

428. When an employee (1) has completed the probationary period in a promotive appointment that is

two or more steps higher in an occupational series than the permanent position from which

promoted, and (2) is subsequently laid off and returned to a position in an intermediate classification,

the employee shall be placed at a salary step based upon actual permanent service in the higher

classification, unless that salary step is lower than the step the employee would have been entitled

to if promoted directly to the intermediate classification. Further increments shall be based upon the

increment anniversary date that would have applied in the higher classification.

429. An employee who has completed the probationary period in an entrance appointment who is laid

off and is returned to a classification formerly held on a permanent basis shall receive a salary based

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

upon the original appointment date in the classification to which the employee is returned. An

employee who is returned to a classification not formally held on a permanent basis shall enter the

new classification at the salary step which is the same as that received in the prior appointment, or

if the salary steps do not match, then the employee will enter at the salary step which is immediately

in excess of that received in the prior appointment, provided that such salary shall not exceed the

maximum of the salary range of the new position.

430. Notwithstanding any of the other provisions of this ordinance, no employee working in a federally

funded position shall be paid at a rate less than the established federal minimum wage if that is a

condition upon receipt of the federal funds.

III.H. CHANGE IN STATUS

431. When a permanent nurse changes status from regular staff nurse (Class 2320) to Per Diem Nurse

(Class P103), the nurse shall be appointed to the corresponding P-103 salary step.

432. If a nurse in a regular covered classification other than a Class 2320 nurse changes to an as-needed

position in the same classification, the nurse shall be appointed in the corresponding salary step.

433. A P103 Per Diem Nurse who is appointed to a Permanent Civil Service nurse position shall be

placed at the same salary step the individual occupied as a P103 Per Diem Nurse and shall retain

their most recent salary step advancement date as a P103 Per Diem Nurse for purposes of salary

step advancement in the Permanent Civil Service nurse position.

434. A nurse in any other non-Permanent Civil Service appointment (i.e., not P103 Per Diem Nurse) who

is appointed to a Permanent Civil nurse position shall be placed at the same salary step the individual

occupied in the as needed appointment and shall retain their most recent salary step advancement

date for purposes of salary step advancement in the Permanent Civil Service nurse position.

Dual Status Nurses

435. 2320 Registered Nurses who are also employed as Per Diem nurses shall be appointed to the

corresponding P-103 salary step.

436. If a nurse in a regular covered classification other than a Class 2320 nurse is also employed as an

as-needed nurse in that same classification, the nurse shall be appointed in the corresponding salary

step.

437. When a 2320 Registered Nurse receives a salary increment in the 2320 salary grade, the Registered

Nurse shall receive the corresponding P-103 salary increment.

438. If a nurse in a regular covered classification other than a Class 2320 nurse receives a salary

increment in that classification’s salary grade, the nurse shall receive the corresponding salary

increment.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

III.I. SENIORITY INCREMENTS

(SECTION III. J. Seniority Increments does not apply to P103 Per Diem Nurses)

439. Registered Nurses shall progress through the salary steps based upon the following:

Step

Years at Step

0 years

1 year at Step 1

1 year at Step 2

1 year at Step 3

1 year at Step 4

2 years at Step 5

1.5 years at Step 6

2.5years at Step 7

5 years at Step 8

5 years at Step 9

Step Advancement for As-Needed Nurses

440. As-Needed Nurses shall advance to the next salary step in accordance with the provisions of Step

Advancement for External P103 Per Diem Nurses.

Date Increment Due

441. Increments shall accrue and become due and payable on the next day following completion of

required service as an employee in the class, unless otherwise provided herein.

Exceptions

442. An employee shall not receive a salary adjustment based upon service as herein provided if the

employee has been absent by reason of suspension or on any type of leave without pay (excluding

a military, educational, leave for employment as an employee organization officer pursuant to CSC

Rule 120.32, or industrial accident leave) for more than one-sixth (1/6) of the required service in the

anniversary year, provided that such employee shall receive a salary increment when the aggregate

time worked since the employee’s previous increment equals or exceeds the service required for the

increment, and such increment date shall be the employee’s new anniversary date; provided that

time spent on approved military leave or in an appointive or promotive position shall be counted as

actual service when calculating salary increment due dates.

III.J. SENIORITY INCREMENTS/P103 PER DIEM NURSES

Step Advancement for External P103 Per Diem Nurses

443. Per Diem Nurses shall progress through the salary steps based upon the following:

Step

Years at Step and Hours of Service

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

0 years

1 year at Step 1 and 1,000 hours of service

1 year at Step 2 and 1,000 hours of service

1 year at Step 3 and 1,000 hours of service

1 year at Step 4 and 1,000 hours of service

2 years at Step 5 and 2,000 hours of service

1.5 years at Step 6 and 1,500 hours of service

2.5 years at Step 7 and 2,500 hours of service

5 years at Step 8 and 5,000 hours of service

5 years at Step 9 and 5,000 hours of service

444. If a Per Diem Nurse does not complete the required hours of service within the required years at a

step, the Per Diem Nurse shall advance to the next step upon completion of the hours of required

service. A Per Diem Nurse shall not advance to the next step until both the years of service and the

hours of service are met.

Retiree P103 and As-Needed Nurses

445. In the event that the City decides to hire a City retiree in a represented class, the retiree shall be

placed at the former pay step if rehired into such classification. Employees in the Per Diem Nurse

classification (P103) shall be subject to step increments covered by the Per Diem Nurse section of

the MOU.

III.K. SENIORITY AND SHIFT ASSIGNMENT/STAFF NURSES

(SECTION III. L. Seniority and Shift Assignment/Staff Nurses does not apply to P103 Per Diem Nurses)

Seniority Defined

446. Seniority shall be defined as the length of continuous service in the same classification for the City.

Seniority for Purposes of Layoff

447. Seniority for purposes of layoff shall be governed by Civil Service Commission Rules.

Seniority for Purposes of Shift Assignment

448. A nurse at the Department of Public Health shall have no access to seniority for purposes of shift

assignment for the first six (6) months of a voluntary new assignment to any unit. For purposes of

this section, a new assignment does not begin until specialty training has been completed. A nurse

shall have immediate access to seniority in cases of involuntary reassignment to any unit. Seniority

shall be exercised only against vacancies when bidding for shift preference.

Guidelines for Shift Changes for Worksites with Multiple Shifts

449. First, by agreement among the nurses on the unit. If one nurse wants to change the nurse’s shift,

and the others agree, they shall be able to implement the change with the agreement of their

immediate supervisor.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

450. Second, by seniority on the unit. The nurses with least seniority provided they have adequate

experience and ability, will change their shift if none of the others want to make such a change.

451. Shift assignments for a particular nurse may be changed without regard to seniority in accordance

with the Developmental Plans provision of this Agreement.

452. Any deviation from these guidelines shall be a grievable matter.

Same-Day Use of Approved Time

453. Prior to any Inside or Outside Per Diem Nurse being cancelled for a full or partial shift, the Nurse

Manager or Charge Nurse on the unit shall offer regular staff the opportunity to use accrued

vacation, floating holiday or compensatory time off for the shift. The Nurse Manager will make best

efforts to offer these opportunities on a rotational basis in order of seniority. The nurse must be

available to confirm acceptance of the opportunity and that there is accrued leave or the opportunity

will be offered to the next person.

Twelve (12) Hour Shifts (S.F. General Hospital)

454. Registered Nurses who work a twelve (12) hour shift, hold a 1.0 FTE position, and who are listed

in Appendix B attached hereto shall be paid at the rate of time-and one-half (1-1/2) or if the

employee so chooses accumulate compensatory time at the rate of time and one-half (1-1/2) only

for the time worked in excess of eighty (80) and up to eighty-four (84) hours in a biweekly pay

period. However, such agreement shall be effective only in those units where the Senior Hospital

Associate Administrator, Nurse Manager and the Unit (i.e., a majority of RN's employed in the unit)

agreed.

455. Should the Union find that the list in Appendix B is incomplete, it may submit additional name(s)

to the Employee Relations Division of the Department of Human Resources. Should there be a

dispute over whether one or more names should be added, such a dispute will be resolved through

the grievance procedure.

(S.F. General Hospital Inpatient Nursing Department Only)

456. Before implementing new twelve (12) hour shift staffing patterns on units where regular eight (8)

hours are in effect as of July 1, 2016, SFGH and the Union will follow the following procedures:

457. 1. Nursing Administration and the Union will agree upon a date for a meeting of all regular full

- and part-time nurses on the affected nursing unit to discuss the implementation of a twelve

(12) hour shift staffing pattern for that unit. A representative of the Union shall attend and

participate in the discussion.

458. 2. Within seven (7) calendar days of the discussion meeting, Nursing Administration and the

Union will agree upon a time for a secret ballot vote by all regular full- and part-time nurses

on the affected unit. In no event will the vote be scheduled more than 14 calendar days after

the meeting referenced in #1 above. The wording of the ballot will be subject to a mutual

agreement between the Union and Nursing Administration. A representative of the Union

will be present to assist in the vote tally. A 2/3 majority of the eligible staff voting in favor

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

of the twelve (12) hour shift staffing pattern and agreement by the Nurse Manager of the unit

and the Senior Hospital Associate Administrator will constitute approval of twelve (12) hour

shift staffing for the unit.

459. 3. Provision for some nurses to work less than a twelve (12) hour shift on a unit voting in favor

of the twelve (12) hour plan will be made if nursing administration, in its discretion,

determines that the scheduling patterns can accommodate.

460. 4. If #3 in this section is not possible the Department shall reassign the nurse who is unwilling

or unable to participate in a twelve (12) hour shift staffing pattern, to an available eight (8)

hour shift vacancy for which the nurse is qualified within the Department, without regard to

the provisions of Requests for Reassignments. In the event there are no eight (8) hour shift

vacancies available, the nurse shall work the twelve (12) hour shift until an eight (8) hour

position becomes available. If eight (8) hour shift staffing patterns are resumed in the original

unit, any nurse so displaced shall be given the option to return to the unit the nurse left.

461. 5. For the purposes of a twelve (12) hour shift, day shift is from 7:00 A.M. until 7:30 P.M. and

night shift is from 7:00 P.M. until 7:30 A.M. unless a different starting time is established

based on the needs of a particular unit. Shift assignment will be based on seniority.

462. 6. A new vote will be held, upon request of 33% of eligible Registered Nurses at any time to

rescind the twelve (12) hour staffing pattern. A 2/3 majority of eligible voters shall rescind

the staffing pattern.

463. The election procedure in #2 shall apply. Rescission petitions may not be filed within nine

(9) months of the previous election.

464. The Union recognizes that it is management's right to assign personnel in order to provide proper

patient care. The Department shall not exercise this right in an arbitrary manner. This section shall

apply only to shift changes within each facility.

Shift Selection and Notice

465. Effective February 1, 2017, the Department of Public Health agrees to the following process for

shift scheduling in 24/7 Units with alternating work schedules:

466. 1. Scheduling will be for a minimum of a two (2) pay period block of time.

467. 2. Employees shall submit requests for schedules in accordance with unit practices at

least twenty-one (21) calendar days before the schedule is posted.

468. 3. Schedules will be posted/made available to staff no later than fourteen (14) days prior

to the start of the next scheduling period.

469. 4. Vacation requests will continue to be scheduled in accordance with Unit practices.

III.L. SENIORITY AND SHIFT ASSIGNMENT/P103 PER DIEM NURSES

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

470. A Per Diem Nurse is a Registered Nurse employed by the City and County on an intermittent,

temporary basis in order to augment staffing needs caused by, but not limited to, increased census,

leaves of absence, vacant positions, sick leave and increased acuity. Per Diem Nurses do not receive

fringe benefits, including but not limited to paid sick leave pursuant to Section 12W of the

Administrative Code of the City and County of San Francisco, but receive an amount in lieu of said

benefits. Per Diem Nurses shall abide by the Per Diem policy of the Department of Public Health.

The Department of Public Health agrees to notify the Union, and to meet and confer, when

appropriate, regarding proposed changes in Per Diem policies.

Definitions

471. 1. Inside Per Diem: P103 Per Diem Nurses who are also employed in another

Registered Nurse classification covered by the Staff Nurse MOU (2320, 2323, 2328, 2330,

2830). This category of Per Diem has also been known as “Rule 29” Per Diem. Newly-

hired Permanent Civil Service (PCS) Registered Nurses may elect a P103 appointment upon

successful completion of probation. An external P103 Per Diem Nurse who is hired into a

PCS Registered Nurse position in that same unit where the P103 is already working will

retain the P103 Per Diem Nurse’s existing P103 appointment and will not be required to

wait until completion of probation in order to work as a P103.

472. 2. Outside Per Diem: A Per Diem Nurse who holds no other appointment as a

Registered Nurse in the Department of Public Health.

473. 3. Prescheduled Shifts: Pre-scheduled shift is defined as confirmation of a specific shift

assignment, for a specific day and nursing unit in accordance with established scheduling

practices.

474. 4. Short Call Shifts: Short call assignment is defined as confirmation of a specific shift

assignment in a time frame proximal (e.g., up to 48 hours before the shift) to the shift.

475. 5. Unit: A work unit which hires and maintains its own pools of Per Diems and

maintains its own Per Diem seniority roster.

Utilization of Outside Per Diems versus Inside Per Diems

476. Prescheduling of P103 Per Diems in a unit will occur in the following order of preference:

1. Inside Per Diems whose regular RN appointment is in that unit.

2. Inside Per Diems who have a regular RN appointment anywhere in DPH and who are

qualified and oriented.

3. Outside Per Diems who are qualified and oriented.

477. Units: The work units which hire and maintain their own separate pool of Per Diems and maintain

their own Per Diem seniority roster are as follows, but not limited to:

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

1. SFGH: each nursing unit (excluding Psych.).

2. SFGH Department of Psychiatry: subject to different minimum qualifications.

3. Jail Health Services: each jail is a separate unit.

4. LHH (The P103 pool will be house-wide and seniority within the Unit will be determined by

citywide certification date).

5. Primary Care (Hospital-based): each clinic is a separate unit.

6. Primary Care (Community-Based) Health Centers: All health centers together constitute

one unit provided that inside per diems have preference for prescheduled per diem shifts at

the health center where they are regularly employed. Outside P103's will only be assigned

to a health center to which they have been oriented, except in a critical staffing situation.

7. Special Programs for Youth

8. Tom Waddell Clinic

9. Ward 93 Opiate Treatment Outpatient Program (OTOP), SFGH

478. Seniority: Seniority is defined as follows:

1. Inside Per Diems: First date of hire in the City in a Staff Nurse classification covered by

the MOU (not date of hire as P103).

2. Outside Per Diems: First date of hire in current appointment anywhere in the CHN.

When changing work areas from one where a per diem nurse has been deemed competent to a new

area, a nurse shall have no access to seniority for the first six months.

Scheduling Procedures

479. Preassignment will be made in rank order of seniority in each area. The most senior nurse may use

seniority to schedule a maximum of three preassigned twelve-hour shifts, or forty hours of

preassigned shifts in a pay period. In order of seniority, each nurse then exercises seniority using

the same formula, until all available shifts are preassigned.

480. Each calendar year, the Department will track the shifts filled by External P103s through the pre-

assignment scheduling procedures. At the end of each calendar year the Department will make the

information available to the Union. The parties will discuss the usage of External P103s in the Joint

Labor Management Committee meetings.

481. Sign-up dates for each scheduling period will be posted on the planning sheets. Using the order of

preference rule as outlined here, all shift availability must meet the posted date. Once the schedule

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

is posted, nurses regardless of their seniority, cannot unilaterally cancel a nurse with a lower

seniority status and take the shift. After this date, there will be no changes in the Per Diem’s shifts

except through the cancellation/self-cancellation procedures, or except by mutual agreement

between the parties.

482. A Per Diem Nurse scheduling system shall be made available by LHH Nursing Administration to

the Union for review each fiscal year, upon request.

Short Call Assignment

483. Short call assignment is defined as confirmation of a specific shift assignment in a time frame

proximal (e.g., two hours before the shift) to the shift. The Per Diem Nurse will provide a written

list of times the Per Diem Nurse is available to work shifts which are not preassigned, but short call.

A list of available nurses, or 'short call' list, will be kept by staffing personnel and seniority will

prevail for such 'short call' assignment. The Per Diem Nurse must be immediately available to

confirm the assignment or the Per Diem Nurse will be bypassed for that assignment.

Cancellation

484. 1. Except as set forth below, cancellation of assignments in each area will be done in inverse

order of seniority within the units to which the nurse is oriented.

485. 2. Selected areas at SFGH have high census fluctuations, and frequent cancellations (e.g.,

Critical Care, NICU, Family Birth Center and ED). In these areas, cancellations will be done on a

rotational basis in inverse order of seniority. Records of cancellations will be kept for review by

the Monitoring Committee.

Per Diem Shift Cancellation

486. A Per Diem nurse whose shift is cancelled less than one and three-quarters hours prior to the start

of the scheduled shift will be paid two (2) hours at the nurse’s base rate. Each nurse will maintain

one current phone number at which the nurse may be reached to confirm/cancel shifts, or if not

accessible at the current number the nurse must call the correct staffer for shift confirmation two

hours to one and three-quarters hours prior to the scheduled shift.

487. A prescheduled per diem nurse who has not been cancelled and reports to work to find that the

nurse is no longer needed for the original assignment, will be reassigned to an area within the

nurses competence and given no less than four hours’ work.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

III.M. HEALTH INSURANCE

1. HEALTH INSURANCE

Employee Only/”Medically Single”

488. For “medically single employees” (Employee Only) enrolled in any plan other than the highest cost

plan, the City shall contribute ninety percent (90%) of the “medically single employee” (Employee

Only) premium for the plan in which the employee is enrolled; provided, however, that the City’s

premium contribution will not fall below the lesser of: (a) the "average contribution" as determined

by the Health Service Board pursuant to Charter Sections A8.423 and A8.428(b)(2); or (b), if the

premium is less than the "average contribution", one hundred percent (100%) of the premium.

489. For “medically single employees” (Employee Only) who elect to enroll in the highest cost plan, the

City shall contribute ninety percent (90%) of the premium for the second highest cost plan.

Dependent Coverage

490. The City’s contributions for dependent coverage shall be as follows:

Employee Plus One:

• For employees with one dependent who elect to enroll in the lowest cost medical plan, the City

shall contribute ninety-five percent (95%) of the total employee plus one premium.

• For employees with one dependent who elect to enroll in the second highest cost medical plan,

the City shall contribute ninety percent (90%) of the total employee plus one premium.

• For employees with one dependent who elect to enroll in the highest cost medical plan, the City

shall contribute fifty percent (50%) of the dependent coverage portion of the premium, plus the

"average contribution" as determined by the Health Service Board pursuant to Charter Sections

A8.423 and A8.428(b)(2).

Employee Plus Two or More:

• For employees with two or more dependents who elect to enroll in the lowest cost medical plan,

the City shall contribute ninety-five Percent (95%) of the total employee plus two premium.

• For employees with two or more dependents who elect to enroll in the second highest cost

medical plan, the City shall contribute ninety percent (90%) of the total employee plus two

premium.

• For employees with two or more dependents who elect to enroll in the highest cost medical plan,

the City shall contribute fifty percent (50%) of the dependent coverage portion of the premium,

plus the "average contribution" as determined by the Health Service Board pursuant to Charter

Sections A8.423 and A8.428(b)(2).

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

2. HEALTH INSURANCE /P103 PER DIEM NURSES

491. Subject to approval of the Health Services Board and to the extent permitted under the Charter, per

diem nurses may become members of the System, provided that the cost of membership shall be paid

by the nurse without contributions from the City and County. Per Diem nurses may initiate payroll

deductions for the purchase of health plans offered by the Union.

III.N. DENTAL INSURANCE

(SECTION III.O. Dental Insurance does not apply to P103 Per Diem Nurses)

492. The City shall provide family dental coverage to all represented employees through the term of this

Agreement. Such coverage shall be provided through the City’s Health Service System.

III.O. BENEFITS WHILE ON UNPAID STATUS

(Section III. P. Benefits While on Unpaid Status does not apply to P103 Per Diem Nurses)

493. The City will cease payment of any and all contributions for employee health insurance and dental

benefits for those employees who remain on unpaid status in excess of twelve (12) continuous

weeks, with the exception of approved sick leave, workers' compensation leave, family care leave,

or mandatory administrative leave. Following expiration of the employee's family care leave, the

employee may request personal leave due to hardship (pursuant to the procedures of the Department

of Human Resources). Paid benefits shall continue during this approved personal leave. In addition,

the Department will continue payment of all regular contributions for employee health and dental

benefits for an employee on a holdover list during the time period that the employee verifies that

the employee does not have alternative health care coverage. The verification process shall be

established by the Department of Human Resources and the Union.

III.P. LONG TERM DISABILITY

(LTD)(Section III.Q. Long Term Disability (LTD) does not apply to P103 Per Diem Nurses)

494. The City shall provide at its own cost to employees with six (6) months continuous service

(excluding per-diem nurses) a Long Term Disability (LTD) plan that provides, after a one hundred

eighty (180) day elimination period, sixty percent (60%) salary (subject to integration) up to age

sixty-five. Employees who receive payments under the LTD plan shall not be eligible to continue

receiving payments under the City's Catastrophic Illness Program.

III.Q. RETIREMENT CONTRIBUTION

495. Employees will pay the full employee’s mandatory contribution to SFERS.

For informational purposes only

496. This section applies to those P103 Per Diem Nurses who became members of the San Francisco

Employees Retirement System prior to January 1, 1988 and who elected to include compensation

for per diem nursing as compensation for retirement purposes in accordance with Charter Section

A8.506-4.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

III.R. TIME OFF FOR VOTING

497. If an employee does not have sufficient time to vote outside of working hours, the employee may

request so much time as will allow time to vote, in accordance with the State Election Code.

III.S. LONGEVITY LEAVE

(SECTION III.T. Longevity Leave does not apply to P103 Per Diem Nurses)

498. Registered Nurses employed to work .4 FTE or more shall be granted paid longevity leave days to

be taken on days selected by the employee subject to conformity with the Charter and approval of

the appointing officer and not subject to carryover as follows:

499. After two (2) years' continuous permanent service, one (1) leave day for Registered Nurses

employed to work .8 FTE or more. For Registered Nurses employed to work between .4 FTE up to

.8 FTE, leave days shall be calculated on a pro-rata basis.

500. After five (5) years' continuous permanent service, two (2) leave days for Registered Nurses

employed to work .8 FTE or more. For Registered Nurses employed to work between .4 FTE up to

.8 FTE, leave days shall be calculated on a pro-rata basis.

501. After seven (7) years' continuous permanent service, four (4) leave days for Registered Nurses

employed to work .8 FTE or more. For Registered Nurses employed to work between .4 FTE up to

.8 FTE, leave days shall be calculated on a pro-rata basis.;

502. After ten (10) years' continuous permanent service, six (6) leave days for Registered Nurses

employed to work .8 FTE or more. For Registered Nurses employed to work between .4 FTE up to

.8 FTE, leave days shall be calculated on a pro-rata basis.

503. "Continuous" employment status shall resume upon return to .8 FTE status or more following a

leave of absence. In such cases, the time spent on leave or shall not be counted as service time for

purposes of the Section.

III.T. VACATION SCHEDULING

(SECTION III.U. Vacation Scheduling does not apply to P103 Per Diem Nurses)

504. Except as provided herein, vacation shall be scheduled by mutual agreement of the nurse and the

Appointing Officer or designee. In the event of conflicting requests from nurses, the matter shall

be resolved in favor of the nurse having the greatest seniority as that term is defined herein. A nurse

shall have no access to seniority for purposes of vacation bidding for the first six (6) months of a

voluntary new assignment to any unit. A new assignment does not begin until specialty training is

competed, but loss of access to seniority shall not be for more than one (1) year. In cases of

involuntary reassignments, the department shall attempt to reasonably accommodate previously

approved vacations.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

505. In the event that vacation scheduling by mutual agreement is impractical due to the size of the

facility or the size of the scheduling unit or other reasons, the following procedure shall apply. In a

month(s) established by the Appointing Officer or designee, any nurse may submit up to three

choices of preferred vacation for the subsequent twelve (12) month period. The Appointing Officer

or designee shall approve such choices based on the nurse's seniority as provided herein. Regardless

of seniority, a nurse will be guaranteed the nurse’s first choice at least once every three (3) years.

The Appointing Officer or designee shall make available a list of approved vacations no later than

six (6) weeks following the end of the designated month in which vacation requests were due. Any

nurse who fails to submit a choice or choices or any newly hired nurse who misses the signup period

shall schedule vacation by mutual agreement with the Department, provided that such mutually

agreed vacation schedules shall not supersede vacation scheduled by submission.

506. Employees shall have the primary responsibility to schedule and take sufficient vacation leave to

reduce their accrued vacation leave balances. Nurse managers shall make a reasonable effort to

accommodate written vacation leave requests submitted by employees which state that the purpose

of such requests is to reduce accrued vacation leave so that the employee will not lose such time due

to the vacation accrual cap.

III.U. CHILDCARE

Dependent Care Assistance Program (DCAP)

507. The City agrees to maintain the Dependent Care Assistance Program (DCAP).

508. The Mayor and the Department of Public Health will provide technical assistance in seeking funds,

developing proposals, cost estimates and developing affordable, quality child care options. Those

options include: affordable on-site child care, family day care, joint legislative proposals, potential

joint public and private funding sources.

509. In order to ensure enhanced recruitment and retention of hospital staff and to make child care more

accessible and affordable to all hospital and City employees, the City will set aside $100,000 on

July 1, 1989 and $100,000 on subsequent anniversary dates for the term of this MOU (such funds

to be cumulative) to be spent on a permanent child care project for DPH employees to be developed

in coordination with the City-wide Joint Child Care Committee and the Mayor's Office on Child

Care, including management and Union members for the hospitals and the Department of Public

Health. Effective July 1, 2003, the monies that have been set aside for childcare from July 1, 1989

through June 30, 2003 shall be returned to the general fund and used to fund wage improvements

agreed to by the parties from July 1, 2003 through June 30, 2005. Commencing July 1, 2003,

subsequent monies set aside for childcare and not spent shall immediately be placed in an interest

bearing account. The principal and interest shall be available to be spent for the permanent childcare

project.

510. Notwithstanding the above, the parties have agreed in May, 2009 that all monies that have been and

will be set aside for childcare from July 1, 2003 through June 30, 2012 shall be returned to the

general fund. Thereafter, subsequent monies set aside for child care and not spent shall be handled

as provided in the foregoing paragraph.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

511. The parties agree to begin meeting within ninety (90) days of ratification of the MOU to discuss the

details of opening a childcare center and will issue the RFP no later than July 1, 2018. The parties

understand the City will have to comply with relevant legal, regulatory and administrative

requirements prior to opening the childcare center.

512. The City and the Department of Public Health shall designate space on the SFGH campus for the

operation of a child care center, and this will be included in future SFGH Space Planning. Subject

to the City’s contracting approval procedures and after consultation with the Union, the City will

put out a Request for Proposal for an operator for this childcare center. However, nothing in this

section (III.V.) shall make the RFP, any resulting contract, or any aspect of the City's bidding and

contracting process subject to the grievance process.

513. The City shall begin implementation of the mutually recommended project as soon as practical in

accordance with a timeline set by the Committee. The Director of the Mayor's Office of Child Care

will continue to work diligently with the child care committee to locate all possible sources of

funding to enhance child care opportunities for City employees.

514. The City also agrees to discuss with the Union increasing the contribution level to the childcare

project as well as the provision of services, such as security, food, laundry, housekeeping and

utilities.

515. The Director of the Department of Public Health shall by July 1, 1989 appoint one management

representative and one alternate to the Joint City-wide Child Care Committee who will regularly

attend all meetings.

Child Care Referral Fair and Enhanced Referral Package

516. On or before September 30, 1989, the City shall coordinate, present and make available to

departmental employees a two week child care referral fair. The Department of Public Health will

appoint one person from San Francisco General Hospital and one person from Laguna Honda

Hospital to work with the Joint Child Care Committee and the Mayor's Office to plan the full scope

of the referral fair. The purpose of the fair shall be to inform departmental employees of child care

services available near their work site or home. After the fair, an enhanced child care referral

package shall be provided to departmental employees who used the referral service. An appropriate

follow-up report will be issued.

517. The City agrees that two of the union members of the Childcare Study Committee established in the

SEIU 1021 MOU (formerly known as the “tri-local”, 1021/250/535) for 1985-87 may be SEIU 1021

Registered Nurse bargaining unit members and that the total number of union members may be

expanded from five to six. One nurse may be appointed from SFGH and one from LHH. Release

time to attend committee meetings during regular work hours shall require approval of the

Department and shall be based upon reasonable staffing requirements.

Volunteer/Parental Release Time

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

518. Represented employees shall be granted paid release time to attend parent teacher conferences of

two (2) hours per semester.

519. In addition, an employee who is a parent or who has child rearing responsibilities (including

domestic partners but excluding paid child care workers) of one or more children in kindergarten or

grades 1 to 12 shall be granted unpaid release time of up to forty (40) hours each fiscal year, not

exceeding eight (8) hours in any calendar month of the fiscal year, to participate in the activities of

the school of any child of the employee, providing the employee, prior to taking the time off, gives

reasonable notice of the planned absence. The employee may use vacation, floating holiday hours,

or compensatory time off during the planned absence.

III.V. MATERNITY/CHILD CARE LEAVE

(SECTION III.W. Maternity/Child Care Leave does not apply to P103 Per Diem Nurses)

520. Maternity leave is the right of every Registered Nurse in accordance with Civil Service Commission

Rules. Attached for informational purposes is the Civil Service Commission Leaves of Absence

Rule dealing with leaves of absence (general requirements) and sick leave.

521. The starting date for maternity leave is a decision of the Registered Nurse and the doctor.

522. The return date from maternity leave is a decision of the Registered Nurse and the doctor.

523. The Registered Nurse has the right to include vacation time in maternity leave (sick leave) and/or

childcare leave.

524. In accordance with current Civil Service Commission Rules, permanent nurses who have completed

the probationary period and who have one (1) or more years of continuous service in any status may

be granted up to one (1) year of Child Care Leave when becoming a parent of a newly born child or

legally adopted child up to the age of five (5) years. Such leave may be in addition to sick leave.

Requests for Child Care Leave are subject to the approval of the Appointing Officer or designee.

Denial of Child Care Leave is appealable as provided in Commission Rules.

525. When the Registered Nurse returns to work from maternity/child care leave, the Nurse will be

reinstated in the Nurse’s original job (same location and shift) if the Nurse returns within twelve

(12) months of the start date of the Nurse’s maternity/child care leave. If the Nurse returns past this

period and loses the Nurse’s original location and shift, the Nurse shall have first option when an

opening occurs at the original location and shift. This paragraph does not create a new category of

leave, nor guarantee the Nurse any specific leave period.

Adoption

526. The City will reimburse nurses for qualified expenses for the adoption of a foster child from San

Francisco County. Qualified expense shall include extraordinary expenses required to be incurred

by the nurse during the first year after the adoption, subject to mutually agreed upon procedures.

Reimbursement for qualified expenses shall not exceed eight thousand (8,000) dollars per adopted

child. This program shall be a two-year pilot program subject to renewal by mutual agreement

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

following evaluation of the costs of the program, the savings realized from the placement of foster

children in adoptive homes, degree of participation by nurse, and other relevant factors. The parties

shall develop mutually agreeable procedures to administer the pilot program. Monies to reimburse

nurses for qualified expenses shall be drawn from the interest income in the child care fund.

III.W. REQUESTS FOR VOLUNTARY REASSIGNMENTS

(SECTION III.X. Requests for Reassignments does not apply to P103 Per Diem Nurses)

527. Registered Nurse vacancies in covered classifications shall be posted online in order to provide

information on current vacancies approved to be filled for which the Department is recruiting. The

posting will note whether the position is available for a full-time or part-time employee. Full-time

and part-time Permanent Civil Service employees may request reassignment to any available

position. Part-time employees may request reassignment for positions up to 1.0 FTE. The postings

shall be a summary of approved vacant positions, which will include job title, location, shift, FTE,

qualifications and contact person. Vacancies within a particular unit will be posted in hard copy

form in the Unit. At SFGH, a hard copy will be posted on the bulletin board outside the cafeteria.

Process for Reassignment

528. Permanent Registered Nurses may at any time request reassignment to another vacant position in

their job classification. The City agrees to retrain permanent Registered Nurses who request and

who are accepted for reassignment. All employees seeking an internal reassignment who meet the

minimum qualifications of the applied-for specialty will be interviewed and considered for

reassignment prior to hiring from an eligible list. The Department will select RNs for reassignment

based on interview scores (top scores are selected), except that the Department shall pass over a

Registered Nurse who has received a final disciplinary action of suspension-level or higher within

the prior three (3) years or is currently on a developmental plan.

529. Temporary reassignments may be made pending permanent assignments in order to provide proper

care.

530. This provision does not supersede the provisions of Seniority and Shift Assignment/Staff Nurses in

Article III.

Selection Criteria

531. Registered Nurses requesting reassignment to another position must meet the qualifications for the

position and the criteria for selection. Subject to the preceding sentence, nurses shall be deemed

qualified to apply for re-assignment to any position open to a new graduate nurse. In cases where

applicants possess equal qualifications, based on selection criteria, seniority shall apply. In

determining reassignment within a unit, seniority shall be a primary factor.

Order of Selection

532. When filling vacant nursing positions, the City agrees to give first priority to permanent Registered

Nurses requesting reassignment within the unit, second priority to permanent Registered Nurses

requesting reassignment within the facility, and third priority to permanent Registered Nurses who

apply for positions in another facility or division within Department of Public Health.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Nurses at Human Services Agency

533. Permanent Registered Nurses employed at Human Services Agency may, at any time, request

reassignment to another vacant position, including positions in the Department of Public Health, in

their job classification. Permanent Registered Nurses employed at the Department of Public Health

may also, at any time, request reassignment to Human Services Agency’s vacant positions in their

job classification.

Per Diem Nurses Class P103 and As-Needed Nurses

534. Per Diem Nurses and As-Needed Nurses must pass the Civil Service examination and attain

eligibility on an eligible list in order to receive a permanent appointment. Per Diem nurses Class

P103 and As-Needed nurses are not eligible for internal reassignments.

SFGH and Laguna Honda

535. SFGH and Laguna Honda agree to post notices of assignment opportunities for represented

classifications as specified in this Agreement, outside of direct patient care, that become available

from time to time. These work assignments, within a Unit, may be short term in nature or on-going.

Out of Class Assignments are not posted. Permanent employees will be considered for such

positions ahead of P103s.

536. In the event there is an opportunity for a 0.5 FTE or greater Non-Direct Patient Care Assignment

available for employees within the facility, the assignment will be posted for all employees in an

eligible classification at that facility.

537. The intent of this section is to allow all employees represented through this Agreement to be

considered for the assignment opportunity and for such employees to be able to try different work.

Examples of these assignment opportunities are: project work to update computer records or to work

on quality assurance projects in order to compile reports.

Community Clinics and Public Health

538. Employees in classifications represented through this Agreement assigned to Community Clinics

and Public Health will be notified of all 0.5 FTE or greater assignments in such locations that are

temporary in nature and that last longer than two weeks, and thus not covered by the Reassignment

Process in IIIV Requests for Voluntary Reassignment. Permanent employees will be considered for

such positions ahead of P103s.

Position Elimination Due to Reorganization or Other Operational Causes

539. This provision does not supersede the provisions of Seniority and Shift Assignment/Staff Nurses.

Reassignments Due to Position Elimination/Consolidation of Services

540. If the Department of Public Health eliminates bargaining unit positions, the Department shall

provide the Union thirty (30) days advance knowledge of implementation provided the Department

has thirty (30) days knowledge of the proposal to eliminate positions. In cases where the Department

is not given thirty (30) days’ notice, the Union will be notified as soon as feasible. Upon the request

of the Union, the parties will meet and confer over the impacts of the decision to eliminate positions.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Any resulting involuntary reassignment will take place not less than thirty (30) days after the

Department has notified the Union of the proposal to eliminate positions. The parties will review

the list of vacant positions with approved requisitions, budgeted FTE’s, and usage of employees in

As-Needed, P103 and Traveler/Registry categories and to discuss the mechanism by which nurses

will be assigned.

541. The Department will endeavor to reassign employees so displaced to available vacancies for which

they may be qualified. If there is no agreement, an appeal may be made to the DPH Human

Resources Director.

542. Reassigned Nurses must meet the qualification and criteria for selection to the position to which

reassigned, or the relevant training program. Subject to the preceding sentence, nurses shall be

deemed qualified for re-assignment in any position open to a new graduate nurse.

543. Any displaced and reassigned Nurse shall be entitled to reasonable training and/or a reasonable

orientation and/or preceptorship period, which will be determined by the Department and Nurse’s

qualifications. During this time of training, orientation, or preceptorship, the nurse must demonstrate

that the minimum competencies for the position are being met. This right to be retrained and

precepted for any vacant position shall not apply to specialty care units, i.e. L&D, OR, ICU, PACU,

ED.

544. During the first four (4) months of the first reassignment, if the Nurse determines that the placement

is unsuccessful, the Nurse will have the one-time option to submit a request for another reassignment

from the available vacancy list. This provision is not intended to limit the Department’s right to

reassign.

545. Subject to operational needs, the Department agrees to make reasonable efforts to accommodate

nurses who work part-time schedules.

546. Any nurse who is designated for layoff or reassignment may request to maintain a P103 or as-needed

position in the nurse’s original work location, and shall be considered for P103 or as-needed work

as available, per Section III.K (1) of the MOU.

547. For informational purposes only, the Civil Service Commission Rules provide that a permanent

employee in a promotive classification, who is subject to layoff and has no reinstatement rights to

an underlying classification, may request “a deemed promotive” appointment to a classification for

which the employee is qualified and in which there are vacancies. Upon recommendation of the

Director of the Department of Human Resources, the request will be forwarded to the Civil Service

Commission for action. This procedure is within the exclusive jurisdiction of the Civil Service

Commission.

548. The provisions of the Reassignment due to Position Elimination section are subject to the Grievance

Procedure only to the extent that there is an allegation that the City has failed to comply with the

procedures contained herein.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

III.X. MUNICIPAL TRANSPORTATION AGENCY PASSES

1. Staff Nurses

549. The City agrees to obtain sufficient MUNI passes from the San Francisco Municipal Transportation

Agency for employees required to move from one City location to another during normal working

hours. It is understood that these passes are to be used by employees only during normal working

hours and while on City business.

2. Per Diem Nurses

550. If per diem nurses are required to move from one City location to another during normal working

hours, they shall have access to Municipal Railway passes as necessary.

III.Y. STAFF NURSE EXPENSES ALLOWANCE

1. Staff Nurses

551. Registered Nurses, excluding "as needed" nurses, shall be paid an annual Staff Nurse allowance for

job-related expenses of two hundred fifty dollars ($250.00) no later than December 1 of each year.

Nurses must have worked since March 1st of the year for which the allowance is to be paid to be

eligible for the Staff Nurse allowance on December 1.

2. Per Diem Nurses

552. Per diem nurses shall have access to scrub uniforms in those clinical areas where they are available

to staff nurses.

SFGH Scrubs

553. The City will provide three (3) sets of generic scrubs to all current and new employees at SFGH

who are covered by the uniform policy. SFGH will determine color, quality, and the vendor after

consultation with the Union. Employees will be responsible for replacement scrubs. If possible,

SFGH will offer the vendor contracted price of required scrubs for purchase of replacements. The

parties will meet and confer over a written uniform policy at SFGH before implementation.

III.Z. STATE UNEMPLOYMENT AND DISABILITY INSURANCE

1. Staff Nurses

554. The City agrees to continue the enrollment of Registered Nurses covered by this MOU in the State

Disability Insurance program. The payment of sick leave pursuant to the Leaves of Absence Rule

of the Civil Service Commission shall not affect and shall be supplementary to payments from State

Disability Insurance. An employee entitled to SDI shall receive in addition thereto such portion of

the employee’s accumulated sick leave with pay as will approximately equal, but not exceed, the

regularly biweekly gross earnings of the employee, including any regularly paid premiums. Such

supplementary payments shall continue for the duration of the employee's illness or disability or

until sick leave with pay credited to the employee is exhausted, whichever occurs first.

ARTICLE III – PAY, HOURS AND BENEFITS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

555. The City agrees to continue participating in the State Unemployment Insurance program as long as

applicable laws so require.

556. At the request of the Union, the City shall, together with the Union, approach the Controller and/or

other parties of interest to seek a resolution to the problem of late reporting to the SDI program

which may adversely affect employee benefits under the Program.

2. Per Diem Nurses

557. Upon proper notification from the Union, the City shall cause all employees covered by this

agreement to be covered by State Disability Insurance, the cost of which coverage is to be borne by

the individual employee.

III.AA. PAID SICK LEAVE ORDINANCE

558. San Francisco Administrative Code, Chapter 12W Paid Sick Leave Ordinance is expressly waived

in its entirety with respect to employees covered by this Agreement.

III.BB. LIFE INSURANCE

(SECTION III.CC. Life Insurance does not apply to P103 Per Diem Nurses)

559. Effective January 1, 2017, upon becoming eligible to participate in the Health Service System under

San Francisco Administrative Code Section 16.700, the City shall provide term life insurance in the

amount of $50,000 for all employees covered by this agreement.

ARTICLE IV – TRAINING AND CAREER DEVELOPMENT

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

ARTICLE IV. TRAINING AND CAREER DEVELOPMENT

IV.A. EDUCATIONAL OPPORTUNITIES

(SECTION IV.A. Educational Opportunities does not apply to P103 Per Diem Nurses)

560. The Health Department shall establish a system to notify on a regular basis nurses in each facility

of pending educational opportunities known to the Department. Such a system is subject to review

by the Union.

1. Special Educational Leave for Health Personnel

561. Each fulltime and regularly scheduled parttime nurse shall be allowed a maximum of forty (40)

hours educational leave with pay per fiscal year or a prorata share thereof to complete programs

approved by the California Board of Registered Nurses for Continuing Education Units or

Continuing Medical Education or are necessary to achieve the particular classification's

recertification or relicensure and professional nursing development and education. Each fulltime

and regularly scheduled parttime nurse in Class 2330 Nurse Anesthetist shall be allowed a maximum

of eighty (80) hours of educational leave with pay per fiscal year or a prorata share thereof to

complete programs approved by the California Board of Registered Nurses for Continuing

Education Units or Continuing Medical Education or are necessary to achieve the particular

classification’s recertification or relicensure and professional nursing development and education.

562. The Department shall grant every Registered Nurse forty (40) hours of educational leave per fiscal

year subject to the reasonable staffing requirements of the Department. Requests for educational

leave are subject to approval by Nursing Administration or other appropriate administrator, and shall

be submitted in writing on the proper form one (1) month in advance of the course date when

possible. Approval or disapproval of requests for educational leave shall be based only on the

reasonable staffing requirements of the Department. A nurse may carry over up to twenty (20) hours

of educational leave to the following fiscal year, provided that the total accumulated educational

leave may not exceed sixty (60) hours per fiscal year. Preference for granting requests for

educational leave shall be given to the employee having the earliest relicensure date. Nursing

administration will seriously consider staff nurse requests for unpaid educational leave. Nurses may

request the opportunity to conduct research in nursing specialty areas. The subject content of the

research and the scheduling of release time shall be subject to the approval of the Department.

Adequate proof indicating successful completion of the course shall be submitted to the designated

supervisor, if requested, within a reasonable period (but not to exceed three months) following the

end of the course. Failure to submit such requested proof shall be just cause for rescinding approval

for Educational Leave and recording the nurse's time as Absent Without Leave for the period.

563. Attendance, including reasonable travel time, shall count as educational leave with pay. If

attendance at such functions, including reasonable travel time, occurs on a normal workday and the

nurse can report for at least four (4) hours of the nurse’s regularly scheduled shift, the nurse shall

report to duty if so directed by the nurse’s supervisor. If the nurse is unable to report for at least

four (4) hours of the nurse’s regularly scheduled shift or the nurse’s supervisor directs that the nurse

not report to work, the entire shift shall be charged against educational leave. Nurses who are

regularly assigned to the evening or night shift will be excused from all or part of their next regularly

scheduled shift on the same basis, provided that such nurses may accumulate such educational leave

ARTICLE IV – TRAINING AND CAREER DEVELOPMENT

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

time until the nurse has accumulated the equivalent of a full shift. At that time the nurse will have

equivalent paid time off at the mutual convenience of the Department and the nurse.

2. Mandatory Class Scheduling and Testing

564. The Department of Public Health will make every effort to schedule mandatory classes, unit-based

educational classes, CPR, and other recommended classes during the nurses’ work hours. Nurses

will be released from their regular work duties during work hours to complete such employer

mandated classes. With prior approval, nurses who are not released from their regular work duties

during scheduled work hours to complete employer mandated classes will be assigned to complete

such classes outside of their regularly scheduled work hours.

565. The City shall pay for all mandatory classes. This shall not be considered part of the nurses annual

tuition reimbursement allowance. Additionally, DPH will make every effort to schedule flu shots,

mandatory safety testing for TB and mask fitting during the nurses’ regular work hours. Nurses’

work hours may be changed for the specific purpose of attending such classes when classes cannot

be scheduled within a normal work shift without extended interruption of patient care.

566. Nurses are required to maintain current licenses and certifications (e.g., CPR/BLS reeducation).

Nurses who do not attend Department offered courses may request tuition reimbursement, use of

paid Educational Leave, or other paid time off to attend outside classes.

567. Nursing Administration may assign a Registered Nurse to attend an educational course or training

that is relevant to the nurse's job responsibilities inside or outside the facilities during the nurse’s

normal working hours. The nurse shall be paid at the nurse’s regular rate while so assigned. Courses

which the employee is required to attend by the Department shall be free of charge to the nurse.

Nurses may elect to utilize up to eight (8) hours of educational leave for a Pre-Retirement seminar

offered by the SFERS, or to attend a union sponsored training class on matters pertaining to this

collective bargaining agreement. Nurses may also elect to utilize up to sixteen (16) hours annually

of educational leave to prepare for certification or recertification as bilingual.

3. Nursing Education Program

568. The Department of Public Health will operate the Nursing Education Program at the level of $50,000

annually. Unused funds shall not be carried forward to the next fiscal year.

569. The Union shall designate one (1) Union representative to assist with developing and implementing

the Nursing Education Program. The representative shall be granted up to twelve (12) hours of paid

release time per fiscal year to prepare for the training sessions offered as part of the Nursing

Education Program.

4. Tuition Reimbursement

570. The City agrees to allocate Three Hundred Thousand Dollars ($300,000) per fiscal year to the Tuition

Reimbursement Program for nurses covered by this Agreement. Unused funds shall not be carried

forward to the next fiscal year. Solely at the discretion of the Appointing Officer or designee, such

funds may be supplemented with department funds budgeted for training, subject to the restrictions

of applicable law, including Administrative Code Chapter 12X.

ARTICLE IV – TRAINING AND CAREER DEVELOPMENT

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

571. Eligible Nurses. A nurse who has completed at least one year of continuous permanent service prior

to applying and whose regular work schedule is 0.4 or more FTE shall be eligible to apply for tuition

reimbursement.

572. Eligible Expenses. Until such funds are exhausted, and subject to approval by the Appointing

Officer or designee, an eligible nurse may utilize up to a maximum of Six Thousand Dollars ($6,000)

per fiscal year for tuition, registration fees, books, professional conferences, professional association

memberships, professional journal subscriptions, professional certifications and recertifications, and

licenses relevant to the nurse’s current classification. All expenses must be relevant to the nurse’s

current classification or a classification to which the nurse might reasonably expect to be promoted.

No reimbursement shall be made for expenses that are eligible for reimbursement under a Federal

or State Veterans benefit program or from other public funds. The City will not require nurses to

use these Tuition Funds for Department-mandated training. For clarity, the license reimbursement

authorized separately under Section IV.E. of this Agreement shall not reduce the amounts payable

under the Tuition Reimbursement Program.

573. Travel. In addition, subject to approval by the Appointing Officer or designee, and as permissible

under applicable law, including Administrative Code Chapter 12X, and to the extent funds are

available, employees may utilize up to Five Hundred Dollars ($500) of the maximum Tuition

Reimbursement Funds available to them for that fiscal year under this article to pay for up to

one-half of the cost of reasonable and necessary travel and lodging outside the nine Bay Area

Counties for approved training. Travel reimbursement rates shall be as specified in the Controller’s

Office Accounting Policies & Procedures, including guidance provided in Chapter 12X regarding

those items. However, Tuition Reimbursement Funds may not be used for food.

574. Approval and Timing. Nurses must obtain pre-approval to qualify for reimbursement. A nurse may

submit a pre-approval request for an expense incurred in the current fiscal year or prior fiscal year.

A nurse cannot submit a request for an expense in a future fiscal year. Reimbursements will not be

paid until the nurse provides proof of payment and proof of satisfactory completion. If a nurse

provides notice of resignation, the nurse must submit the expense report and receive all online

approvals before separating from the City.

575. Should a nurse not have access to the technology necessary for an on-line reimbursement submission

process, DPH Human Resources staff will make available upon request the required form(s) and

will facilitate the reimbursement process. DPH Human Resources staff will work with SF

Department of Human Resources staff to continue to review the reimbursement process to determine

if it can be streamlined.

576. If the participant chooses to take a mandatory class outside the Department, the participant will bear

the burden of the cost and may apply to tuition reimbursement.

577. Reporting. An annual audit of the Tuition Reimbursement Fund for each fiscal year for the nurses

covered by this MOU shall be submitted to the Joint Labor Monitoring Committee by November

1st of each fiscal year showing fund activity for the prior fiscal year, including names, job class,

department, expense description, paid amount, and denials by the Department of Human Resources

ARTICLE IV – TRAINING AND CAREER DEVELOPMENT

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

5. Orientation and In-Service Education

578. There shall be organized Orientation and In-Service Education Programs for Registered Nurses at

each facility, the contents of which shall be determined by the nursing management of the facility;

however, in-service education is a suitable subject for discussion by the Monitoring Committees.

579. In addition, if staff nurses in any facility, unit or specialty area determine that there is a need for

specialized training, in-service, or skills development classes, they shall submit a written request to

the Senior Hospital Associate Administrator or appropriate designee, who shall respond with thirty

(30) calendar days.

580. The Orientation Program will include but not be limited to:

581. a. objectives, policies, goals and procedures of each facility.

582. b. job descriptions and responsibilities; and

583. c. information to provide adequate care to categories of patients who may be assigned

to the nurse's unit and whose care requires either skills which are new to the nurse or

skills so infrequently called for that periodic update/review is needed.

584. The in-service education program shall be directed towards updating knowledge and skills related

to job responsibilities, and development of knowledge and skills required for new or expanded

departmental programs and specialty units.

585. In-service training for computerized charting shall take place in specialized classes for all affected

staff. The training’s content will include legal charting requirements and applicable Departmental

and institutional policies.

586. Each nurse must complete the orientation program before being permanently assigned to a shift and

a unit. Until completion of the formal orientation, the nurse will be considered in a structured

learning experience, and not part of the unit's regular nursing staff for at least two (2) weeks, except

at Laguna Honda Hospital where this period may be extended upon the request of the Nurse

Educator. A nurse shall not be assigned total responsibility for a particular patient until the standards

of competency specific to care of that patient have been validated by successful completion of a unit

specific skills check list.

587. The Department shall schedule in-service training so as to ensure that all nurses, including float

nurses, may attend.

6. Out of Specialty Assignments

588. Nursing administration will take the skills and training of a Registered Nurse and Per Diem into

consideration in making an assignment to an out-of-specialty Unit.

7. Continuing Education

ARTICLE IV – TRAINING AND CAREER DEVELOPMENT

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

589. The Department shall make reasonable effort to secure approval from the Board of Registered

Nursing for courses that would meet the requirements for continuing education. Those courses

approved will be charged against educational leave time.

590. The Department shall make a reasonable effort to negotiate with outside agencies, such as the San

Francisco Community College District, U.C. Medical Center, and other likely providers of

Continuing Education for the educational needs of the Registered Nurse.

8. Registered Nurse Crosstraining Program

a. Purpose

591. Crosstraining programs are designed to enhance the nurse's ability to temporarily

float and/or permanently reassign to another unit within a hospital or another

program/division within the DPH. These programs will establish flexibility to

reallocate nursing resources, enhance job opportunities for nurses and improve the

Department's ability to meet the demands of rapidly changing service requirements.

b. Crosstraining:

592. Crosstraining provides the nurse with the necessary skills and competencies to float

to designated units at times when the nurse's home unit is overstaffed and additional

staffing is needed in the designated unit.

593. The purpose of crosstraining is to provide a method whereby nurses covered by this

agreement may obtain appropriate preparation for work assignments in units other

than the nurse's "home unit". "Home unit" shall be defined as the unit to which the

nurse is regularly assigned. Crosstraining shall be defined as the method of

instruction and orientation provided to a nurse. The purpose and intent of this

provision is to ensure that when the DPH floats a nurse to a unit other than the nurse's

home unit, the skills and competencies of the nurse are appropriate for the

assignment.

c. Identification of Units

594. The Department shall identify appropriate designated units in the various divisions,

based on staffing needs, as potential areas for crosstraining of permanent staff for

floating. The Department may develop appropriate crosstraining programs to meet

the staffing needs of those units.

d. Enrollment in the Program

595. Any permanent staff nurse covered by this MOU is eligible to apply for crosstraining.

Selection of candidates for the program shall be based on their level of previous

experience and basic skills and abilities specific to the receiving unit. Wherever

permissible and practicable, CE units will be offered for participation in the program

or portions thereof. Nurses accepted for crosstraining must agree to use their paid

educational leave for fifty percent (50%) of the total hours spent in crosstraining and

the Department will pay the nurse at the nurse’s regular rate for the remaining fifty

(50%) of the hours. Scheduling and release time for a crosstraining program shall be

ARTICLE IV – TRAINING AND CAREER DEVELOPMENT

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

based on the home unit's ability to safely staff the home unit for the duration of the

program, and such determination of scheduling and release time shall be made within

ninety (90) days of the nurse’s request at the sole discretion of the Director of Nursing

or appropriate management representative. Each division shall keep a database of

nurses with corresponding competencies and crosstraining for the purpose of

floating.

e. Floating

596. A nurse who has been crosstrained to another unit will be the first to float to that area

in which the nurse has been crosstrained for a period of six (6) months from the

completion of the program. Thereafter, the nurse will float based on inverse seniority

on a rotational basis of nurses crosstrained to the receiving unit.

IV.B. TRAINING CLASSES FOR P103 PER DIEM NURSES

597. DPH agrees to waive any fees for classes and training offered by the Department to RNs for Per

Diem Nurses who are at Step 3 or above provided they have worked 1,040 hours in the 12-month

period of time prior to the training. DPH agrees to pay Per Diem RNs who are at Step 3 or above

for attendance at yearly mandatory classes including CPR equal to the hours paid to 2320 RNs,

provided they worked 1,040 hours in the 12-month period of time prior to the training.

IV.C. CHARGE NURSE TRAINING

598. Employees who are newly appointed to be a Charge Nurse (primary assignment) or designated

Charge Nurse Reliever shall be given a minimum of four (4) hours of initial training covering

responsibilities of the role, including legal and ethical duties. The Department also agrees to provide

a minimum of two (2) hours of annual refresher training for all Charge Nurses.

IV.D. NURSING SPECIALTY AREA TRAINING

1. STAFF NURSES

599. The Department and Union recognize the need to provide specialty training programs at San

Francisco General Hospital in areas including, but not limited to: Critical Care, Emergency, Labor

and Delivery, and Operating Room Nursing. Further, the Department supports criterion-based

selection of program applicants. The Professional Performance Committee will recommend to

Nursing Administration the selection criteria. Selection criteria will measure prerequisite skills and

abilities necessary for successful completion of the specialty training program.

600. A nurse desiring placement in a specialty training program must apply through Job Apps online.

The nurse will be granted an interview.

601. When evaluating applicants for specialty training programs at SFGH, the Department agrees to give

first priority to RN's currently working for the City and County of San Francisco, provided applicant

meets qualifications and passes the test. Priority will be based first on seniority at SFGH and then

on seniority elsewhere within DPH.

ARTICLE IV – TRAINING AND CAREER DEVELOPMENT

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

602. In the event that the nurse does not meet acceptance criteria, the nurse will be referred to available

educational courses or resource materials which would assist the nurse to upgrade skills.

Recommended time frames for application to future specialty training programs will be discussed.

603. During the course of any training program at SFGH, a nurse shall have return rights to the first

available vacancy on the nurse’s former unit, shift, and position.

604. A nurse on any special assignment in the Public Health Division may return to the nurse’s previous

position consistent with the PHN Reassignment Policy.

2. PER DIEM NURSES

605. A per diem nurse desiring placement in any training program will submit a request in writing to the

facilitator of the training program, as designated by Nursing Administration. The per diem nurse

shall also apply for the exam specific to the training program using the City’s online job application

process. The nurse will be granted an informational interview to discuss such placement within a

reasonable period of time. The interview will serve to provide the nurse with readily definable

standards and criteria required in order to be accepted into the training program.

606. When evaluating applicants for a specialty training program at SFGH, the Department agrees to

give due consideration upon request to per diem nurses currently working for the City and County

of San Francisco, who are on the current active eligible lists specific to the training program. If

accepted into the program, the nurse will be appointed to a permanent civil service position in the

training specialty area, prior to the start of the training program.

607. Where practical, a time frame for reevaluation for acceptance into the program will also be

developed.

IV.E. REIMBURSEMENT FOR MANDATORY STATE OF CALIFORNIA LICENSES

608. Nursing Licenses. On an annual basis, the City will provide permanent civil service nurses who are

regularly scheduled 0.4 FTE and above, an annual payment equivalent to half of the cost of the

California license and furnishing number renewals fees where the license is listed as a minimum

qualification for the Nurse’s permanent civil service position. The licensing payment shall be made

at the end of the first quarter of the fiscal year and shall be less all applicable federal, state and local

withholdings. These payments are not deducted from the Tuition Reimbursement Program.

609. The annual licensing payments in effect for the duration of this agreement shall be equivalent to half

the California Board of Registered Nursing fee schedule in effect as of July 1, 2022, as described in

the table below. If the fee schedule below is increased during the term of this Agreement, the

reimbursement will be increased proportionately no later than forty-five (45) days after written

notification from the Union of such increase. No retroactive payments shall apply.

Classification

Licensing Payment

2320 Registered Nurse

$95

2323 Clinical Nurse Specialist

$170

ARTICLE IV – TRAINING AND CAREER DEVELOPMENT

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

2325 Nurse Midwife

$256

2328 Nurse Practitioner

$256

2330 Anesthetist

$170

2830 Public Health Nurse

$158

610. The licensing payment is considered covered gross pay but is not pensionable.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

ARTICLE V. WORKING CONDITIONS

V.A. STAFFING

(SECTION V.A. Staffing does not apply to P103 Per Diem Nurses)

1. Commitment to Staffing Levels

611. Annual "salary savings" for nursing positions directly involved in patient care shall not exceed five

percent (5%) in each of the fiscal years covered by this MOU. Such commitment is in recognition

of the mutual desire of the parties to maintain the nursing complement at the highest possible level

in order to provide the best possible patient care, as well as relieve the additional burdens placed on

staff by understaffing.

2. Staffing

612. The City and the Union agree that the maintenance of adequate nursing staff is an essential element

of quality patient care. The Union and the City also agree that registered nurses are better able to

perform effectively with the assistance of an adequate number of other direct care providers

(Licensed Vocational Nurses (LVNs), Licensed Psychiatric Technicians (LPTs) and Certified Nurse

Assistant (CNAs)/Patient Care Assistants (PCAs) as well as with ancillary services provided by

support and maintenance staff.

613. ADO's are an appropriate subject for discussion in the Monitoring Committee.

614. The Union may nominate one member per service line for the committee that will implement any

new PCS, acuity tool, or other staffing or workload model in EPIC. The Department shall provide

quarterly updates on patient volume or caseloads and acuity data for all non-acute care areas at the

Joint Labor-Management Committee meetings for those areas.

Standards of Care

615. The City commits to maintaining the community standard of care in its Hospital operations.

a. S.F. General Hospital

616. San Francisco General Hospital Medical Center will comply with Title 22 Staffing

regulations as amended.

617. As of May 1, 2016, Title 22 California Code of Regulations, Division 5, Chapter 1, Article

3, Section 70217(r) states: The hospital shall plan for routine fluctuations in patient census.

If a healthcare emergency causes a change in the number of patients on any unit, the hospital

must demonstrate that prompt efforts were made to maintain required staffing levels. A

healthcare emergency is defined for this purpose as an unpredictable or unavoidable

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

occurrence at unscheduled or unpredictable intervals relating to healthcare delivery requiring

immediate medical intervention and care.

618. Health care providers include staff nurses predominantly; also per diem nurses, LVNs, LPTs

and PCAs/CNAs. The amount and type of care provided is based on discussion among

nurses, physicians, and nurse managers, taking into account the nature of the care required

and average patient acuity (severity of illness).

619. Registered Nurse to patient ratios, as well as ancillary staffing, will be recorded on a daily

basis and reviewed bi-weekly. This information will be given to the monitoring committee.

620. Admitted patients with unassigned beds held in the Emergency Department or PACU will

be counted in the hospital inpatient census. As such, their acuity will be determined and

staffing requirements computed. Data concerning the patient’s acuity will be reported to the

quarterly PCS committee meeting.

Medical-Surgical

621. Medical-Surgical: Registered Nurses constitute 100% of the care providers in the

medical surgical zones for the purposes of determining RN to patient ratios. The RN

to patient ratios will be maintained at 1:4 with further decreases to ratios made based

on acuity to 1:3 as required under Title 22.

Based on acuity ratings, and until such time as critically ill patients are transferred to

Critical Care, such patients shall be assigned 1:1 or 1:2 RN to patient ratios.

Charge Nurses will not be given patient assignments except in unavoidable

circumstances.

The Registered Nurse assigned to the care of a chemotherapy patient shall not be

assigned more than two (2) additional patients when the acuity level of the chemotherapy

patient is classified as above average or almost constant care.

Nurses assigned to administer specialized treatments such as chemotherapy and

peritoneal dialysis to patients outside their home units shall be relieved of patient

duties and assignments in their home unit until they return back to their home units.

Staffing will be regularly adjusted based on census, acuity and regulatory requirements.

As of July 1, 2016, SFGH has the following Medical-Surgical Zones:

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Floor Zones

4th H42/H44

5th H54/H56; H58

6th H62/H64; H66/H68

7th H76/H78

622. There will be six (6) Certified Nursing Assistant positions to assist and support

patient care activities in Medical-Surgical Zones on all shifts. There will be six (6)

Unit Clerk positions in Medical-Surgical Zones on the day and evening shifts. There

will be an additional three (3) Certified Nursing Assistant positions to assist and

support patient care activities in Medical-Surgical Zones on all shifts.

623. Due to the high acuity and changing status of complex patients at SFGH, the City

and the Union recognize the value of a Medical Emergency Response Team

(“MERT”). A Medical Emergency Response Team (composed of at least one RN

and one Respiratory Therapist) will be available 24 hours per day, seven days per

week as a resource to assist staff with patient rescue activities (e.g., patient

assessments, immediate interventions, communication of patient status with

providers, transfer to different level of care).

624. SFGH will conduct an assessment of MERT needs on the SFGH campus that will be

completed by October 1, 2016. SFGH will provide the Joint Labor Management

Committee no later than November 1, 2016, a summary of data collected inclusive

of but not limited to daily call volume, response location, average case time and

staffing. SFGH will develop staffing recommendations based on these findings.

Should these recommendations call for the need for an increase in MERT RN staffing

per shift or during peak call times, DPH will increase RN staff accordingly.

Critical Care

625. Critical Care: The RN to patient ratios are 1:1 or 1:2 based on the acuity of the patient.

SFGH will increase RN staff to maintain the RN to patient ratios above if census requires

that additional beds be opened in Critical Care Zones. Charge Nurses will not be given

patient assignments except in unavoidable circumstances.

626. Staffing will be regularly adjusted based on census, acuity and regulatory requirements.

627. There will be two (2) Certified Nursing Assistant positions to assist and support

patient care activities in Critical Care zones on all shifts. Additionally, there will be

two (2) Unit Clerk positions for Critical Care Zones 32/38, Zones 34/36 and 46/48

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

(if open) on the day and evening shifts. There will be one (1) Unit Clerk position on

the night shift for Critical Care Zones.

Post Anesthesia Care Unit (PACU)

628. PACU: PACU Standards recommend that two (2) registered nurses who are

competent in Phase I Post Anesthesia Nursing be present whenever a patient is

recovering in Phase I or is at an ICU level of care. To the extent possible, SFGH will

maintain no less than two (2) such nurses in PACU. This may require the floating of

cross-trained ICU staff particularly on weekends, nights and holidays. Two (2)

registered nurses, competent in Phase I Post Anesthesia Nursing or ICU level of care,

will be present whenever a patient is recovering in Phase I. Staffing will be based

on criteria that addresses the number of patients and the acuity/intensity of patients

in the PACU. PACU staffing levels are established to accommodate the

numbers/types of surgeries occurring. Patient/Nurse ratio in the PACU shall be a

maximum of 2:1. The Department will make its best efforts to eliminate the practice

of non-surgical placement in the PACU. The Department will make its best efforts

to ensure that no patient remains in the PACU for more than twenty-three hours.

Basic levels are:

Monday – Friday: 7A – 7P: Two (2) twelve-hour RNs

9A – 9P: One (1) twelve-hour RN

11A – 7P: One (1) eight-hour RN

12N – 8P: One/two (1 or 2) eight-hour RN(s)

7P – 7A: Two (2) twelve-hour RNs.

Weekend/Holidays: 7A – 7P: Two (2) twelve-hour RNs

7P – 7A: Two (2) twelve-hour RNs

629. Effective July 1, 2016, Monday through Friday from 7A to 10P, the base staffing

levels will be increased from eight (8) to nine (9) RNs, including the Charge Nurse

and excluding break relief RNs.

630. Staffing will be regularly adjusted based on census, acuity and regulatory

requirements.

Maternal Child Health

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

631. Staffing will be regularly adjusted based on census, acuity and regulatory

requirements.

632. Pediatric: RN to patient ratio is 1:4 and is adjusted by acuity.

633. Infant Care Center: Charge Nurses will not be given patient assignments except in

unavoidable circumstances.

Nursery staff will determine patient acuity based on clinical needs. Each patient will

be assigned to a Care Level based on these needs. The RN to patient ratio is 1:1 to 1:4

based on acuity.

The patient to care provider ratio for these Care Levels will be:

Level 1 1:4 (four patients per care provider)

Level 2 1:3 (three patients per care provider)

Level 3 1:2 (two patients per care provider)

Level 4 1:1 (one patient per care provider)

634. Birth Center - The Birth Center has a base standard of a minimum of nine (9) RNs per

shift (inclusive of Charge Nurse and Triage Nurse and exclusive of break relief RNs).

635. Two hours before the end of each shift, nurses will determine patient acuity. If the

acuity tool calls for less than the established baseline(s), scheduled RNs may be

offered standby. Standby will be assigned to per diems first. Based on the acuity and

census, as calculated through the acuity system, staffing baselines will be increased

to acuity needs when warranted.

Floating

636. The Perinatal Division is comprised of the Birth Center (2nd Floor Zones 2 and 4) and

the Infant Care Center (2nd Floor Zones 4 and 5). A Birth Center nurse who is floated

outside the Perinatal Division will be given full nursing responsibility for patients on

the Gynecological (GYN) service only. In the absence of an available GYN

assignment on the receiving unit, the Birth Center nurse will not be expected to take

an assignment for categories of patients for whom the nurse does not have

documented competencies. In the absence of a GYN assignment, the

Birth Center

nurse will assist the unit to which the nurse is floated by performing care tasks such

as vital signs, point of care testing, hygiene, ambulation, routine postoperative care,

and answering lights. In addition, the Birth Center nurse may volunteer to take a

patient assignment other than GYN if the nurse determines that the nurse has the

documented competencies and skills to do so.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

637. The nursing supervisor arranging the float will inform the charge nurse of the

receiving unit of the above parameters of the floated nurse’s assignment. Unless the

Birth Center nurse is receiving a GYN assignment of four (4) patients on the receiving

unit, the nurse will be counted as less than one nurse in the staffing of the receiving

unit.

638. Changes in the Birth Center’s care delivery model will require re-examination of

staffing standards/levels.

Psychiatric as of July 1, 2016

639. Inpatient Psychiatry: The Department has adopted state mandated ratios, further

adjusted by the patients’ acuity. Staff to patient ratios will be maintained at 1:6 in

Unit 7C with adjustments made for patients requiring continuous observation. Staff

to patient ratios will be maintained at 1:4 in Unit 7B on days and evenings and 1:6 at

nights. 7B ratios will be adjusted further based on acuity. Between the hours of

11:00 p.m. and 7:30 a.m., minimum scheduled staffing will be four (4) licensed staff,

including two RNs, on the twenty-two bed inpatient units.

640. The City will continue to maintain a ratio of sixty percent (60%) RN staffing to forty

percent (40%) LPT/LVN staffing.

641. Staffing will be regularly adjusted based on census, acuity and regulatory

requirements.

642. The Department will maintain a day shift Charge Nurse. The Day Shift Charge

Nurses will not be given patient assignments except when called upon in unavoidable

circumstances.

643. When open, the Forensics Unit will maintain staffing of at least two (2) licensed staff,

with a minimum of one (1) RN, on all shifts and management shall assign relief staff

to cover breaks and lunch relief on each shift, maintaining a minimum of two (2)

staff at all times.

644. The Department will make its best efforts to maintain one (1) Certified Nursing

Assistant position to float in Units 7A, 7B, 7C, 7L and PES on all the evening and

night shifts. There will be one (1) additional Certified Nursing Assistant position to

float in Units 7A, 7B, 7C, 7L and PES on the day shift.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

645. Actual Nurse/staff to patient staffing ratios will be recorded on a daily basis and

reviewed bi-weekly. This information will be given to the Monitoring Committee by

the RN Staffing Evaluator.

Psychiatric Emergency Service Staffing (PES) as of July 1, 2016

646. In order to ensure quality nursing care and a safe environment for patients and staff,

the following guidelines apply to PES:

647. The staffing standard shall be: Day and Evening shifts: Eight (8) licensed staff

members, of which six (6) will be RNs and excludes break relief RNs.

Night Shift: Six

(6) licensed staff members, of which four (4) will be RNs and excludes break relief RNs.

One additional RN FTE, assigned to Acute Psychiatry, will be available to float as

needed.

648. At any time a patient needs continuous observation or restraint, a Medical Evaluation Assistant

(MEA) or a Certified Nursing Assistant (CNA) or a Patient Care Assistant (PCA) or other staff

as clinically indicated shall be provided.

649.

Charge Nurses will not be given patient assignments except in unavoidable circumstances.

650.

Staffing will be maintained at a ratio of sixty percent (60%) RN’s to forty percent (40%)

LPT’s/LVN’s. Staffing will be regularly adjusted based on census, acuity and regulatory

requirements.

651. It is acknowledged that PES has a limited unit capacity to manage and seclude patients. The

PES Charge Nurse will consult with Psychiatric Nursing Administration/AOD to request

additional staff when patient acuity or census requires staffing increases.

652. The patient management team will be staffed with at least two licensed caregivers each shift

to assess patients and give medications, and to assist RN clinicians in overall behavioral

assessment and management.

653. The PES Charge Nurse will initiate patient flow crisis management ("Red Alert") when the

clinic immediately requires either additional space or additional staff for safe patient

management.

SFGH Emergency Department (ED)

654. The Department and the Union recognize that SFGH serves as the major Trauma

Center for the City and County of San Francisco.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

655. Staffing will be in accordance with the budgeted Emergency Department Staffing

Model set forth in paragraph 604 below, with the recognition that specific start times

and assignments within the grid will vary according to Department needs.

656. Changes in the staffing model will be subject to discussion in Monitoring Committee,

prior to implementation.

657. ED staffing and patient load documentation will be presented and reviewed by the

SFGH Monitoring Committee. The Department and Union will meet to discuss data

collection for the purpose of monitoring compliance with Title 22 RN to patient ratio

staffing requirements.

658. The Department will not assign Emergency Department Charge Nurses to patient

assignments except when the Emergency Department reaches saturation, as defined

in paragraph 606 below.

659. As of May 1, 2016, Title 22 California Code of Regulations, Division 5, Chapter 1,

Article 3, Section 70217(s) states: For Emergency Departments only, if an

unforeseeable increase in the number or acuity of patients in the emergency

department occurs such that the patient activity in number or acuity exceeds the

historically established trends for the emergency department and the emergency

department reaches saturation, the hospital must demonstrate that prompt efforts

were made to maintain required staffing levels. “Saturation” is defined for this

purpose as an unforeseeable influx of patients who require immediate medical

intervention and care and who, in their numbers or intensity of need for care, could

not reasonably have been predicted by the hospital.

660.

Community Health Network of San Francisco

San Francisco General Hospital

Guidelines for Emergency Department

RN Staffing Distribution Model

11A

11P

Charge/Flow

Triage

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Resus

Pod A

Pod B

Pod C

# Staff by

Shift Start

This chart reflects the staffing model at SFGH as of July 1, 2016. How RN and ancillary staff are

assigned within the ED are the subject of continuing discussions. Assignments and staffing are

regularly adjusted based on census, acuity and regulatory requirements.

Community Health Network of San Francisco

San Francisco General Hospital

Guidelines for Emergency Department

Ancillary Staffing Distribution Model

11P

Tech

Main

Desk

1 Tech

1 UC

1 Tech

1 UC

1 Tech

1 UC

1 Tech

1 UC

1 Tech

1 UC

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Total

# of staff

by shift

start time

Determination of Acuity

661. The Hospital will continue to involve nurses, on a daily basis, in the determination

of the number of staff required. Daily staffing levels are based upon the level of

patient acuity prevailing on the unit. During each shift, nurses assess the severity

of each patient's illness. The supervising nurse condenses this information for all

patients on the nursing unit and uses it to determine the number of health care

providers assigned for the next shift.

662. The Department shall provide quarterly updates on the Patient Classification System

(PCS) at the Joint Labor Management Committee meetings.

663. The SFGH Patient Classification System (PCS) Committee is responsible for

reviewing the reliability of the PCS for validating staffing requirements. The Labor

Co-Chair of the SFGH Labor-Management Monitoring Committee is designated as

a standing member of that committee. The Union may nominate one member per

service line: Emergency Department, Medical Surgical Unit, Psychiatry, Critical

Care, SNF units under Title 22, and Maternal Child Health, on the Committee

required to validate the patient classification system as required by Title 22 CCR

Division 5 §70217(g).

664. One month prior to the quarterly PCS Committee meeting, a roster of direct delegates

and supporting data will be presented to the Monitoring Committee. Release time

for these provider delegates to attend a Monitoring Committee meeting and the PCS

meeting will be provided.

665. A copy of the quarterly meeting minutes and annual report and supporting data, after

completion, will be presented at the next, scheduled meeting of the Monitoring

Committee. Daily acuity and staffing reports will be available to the Labor Co-Chair

or Union’s designee, for inspection and copying. A bi-weekly summary of the

staffing and acuity data will be presented to the Monitoring Committee.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

666. The City and the Union recognize that staffing needs also vary over the course of a

24-hour period, and that, in addition to the Registered Nurses, Orderlies, LPTs and

LVNs provide essential patient care services. An RN Staffing Evaluator position

will be maintained for ongoing evaluation of the PCS system for the life of this

contract or until there is a consensus. The RN in this position will be granted one

day per week for the purpose of reviewing/preparing bi-weekly and quarterly Acuity

and Staffing Compliance Reports and training nurses on the acuity system. The RN

Staffing Evaluator shall be selected jointly by the Union and the Chief Nursing

Officer and will have access to the staffing data in Nursing Administration.

667. On a six (6) month pilot basis, beginning on October 1, 2019 and ending March 31,

2020, the Chief Nursing Officer and the Union shall designate a second RN to serve

as a Staffing Evaluator for the ED, to collect and analyze patient acuity data in

tandem with the ED Director. The designated RN and the ED Director shall present

the data monthly to the Chief Nursing Officer and the Labor-Management

Monitoring Committee. The Chief Nursing Officer shall assign the designated RN

for eight (8) hours per pay period for this purpose. Prior to expiration of the pilot

period, the Union and Department shall meet to discuss possible extension of the

program. The program may be extended by written agreement between the Union

and Department.

Evaluation of Staffing Methodology

668. The Hospital is committed to continuing vigorous recruitment efforts to fill all

available health care provider positions. The SFGH Monitoring Committee will

continue to review recruitment results.

Medical Forensics Unit

669. When open, the Department shall staff the medical forensics unit with two (2)

personnel, one of whom must be a Registered Nurse, every shift.

b. Laguna Honda Hospital (LHH)

670. The Nurse Manager, designated Charge Nurses and fixed support staff are not included in

the HPPD standards for Laguna Honda neighborhoods.

671. Staffing for Laguna Honda Hospital will be based on HPPD per State regulations. The City

agrees to provide both the HPPD/Staffing formula, the HPPD ranges per neighborhood and

the Core Staffing Grid. Daily staffing levels will be averaged on a pay period basis, broken

down by each neighborhood, and reported to the LHH Monitoring Committee, which shall

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

meet on a monthly basis. These discussions of staffing levels by neighborhood will provide

a basis for setting minimum staffing and adjusting for changes in acuity.

672. As new units/programs are opened, HPPD ranges will be calculated as a basis for staffing

by acuity, and will be presented in the Monitoring Committee.

673. HPPD Formula:

HPPD x Number of patients = total hours worked in 24 hours

Total hours worked in 24 hours = staff per 24 hours

Length of shift (in hours)

Staff per 24 hours = number of staff per shift

Number of shifts (2 or 3)

c. Jail Health Services (JHS)

674. The community standard of care will be maintained at JHS, and where applicable, legal

mandates will be met.

675. The City and the Union recognize that staffing needs also vary over the course of a 24-hour

period, and that, in addition to Registered Nurses, Licensed Vocational Nurses, Nurse

Practitioners and Physicians provide essential patient care services.

676. These levels of direct care, by RN’s and LVN’s, will be budgeted for each 24-hour period:

Monday-Friday Weekends-Holidays

County Jail #1 64 Hours (64 hr. RN) 64 Hours (64 hr. RN)

County Jail #2 100 Hours (60 hr. RN) 96 Hours (48 hr. RN)

County Jail #4 56 Hours (32 hr. RN) 48 Hours (32 hr. RN)

County Jail #5 104 Hours (64 hr. RN) 80 Hours (48 hr. RN)

These numbers reflect the current staffing at City Jails as of July 1, 2016. Staffing is the

subject of continuing discussions and is regularly adjusted based on census and regulatory

requirements. The Department will meet and confer regarding the impacts of any such

changes upon the request of the Union.

677. In the event Jail facilities open or close, the Union and the City will meet and confer

regarding nursing staffing levels for that facility.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

678. Census-driven staffing levels shall be subject to adjustment. JHS shall provide SEIU with

the census data for each facility upon the Union’s request. Should either the jail census in

any individual jail exceed by 10% or more the census in effect on June 30, 2012, or the

overall census exceed 1800, for a two week period, the parties will meet to review staffing

allocations and determine the appropriate staffing level adjustment. In the event that the jail

census in any individual jail is reduced, the Union and the City will meet and confer

regarding nursing staffing levels prior to making such adjustments.

679. The parties agree that the following items will be included at the monthly JHS RN

Monitoring Committee meetings:

1. Evaluation of staffing levels

2. Review of Jail census trends and staffing needs.

3. Consider methods to reduce inappropriate demands on nursing hours.

Twelve (12) Hour Shifts (JHS)

680. Registered Nurses in each jail facility shall have the opportunity, upon request of 50% of the

nurses in the facility, to submit a twelve (12) hour staffing pattern to management. Upon

submission:

681. 1. Nursing Administration and the Union will agree upon a date for a meeting of all

regular full – and part-time nurses in the affected jail unit to discuss the

implementation of a twelve (12) hour shift pattern for that unit. A representative of

the Union shall attend and participate in the discussion.

682. 2. Within seven (7) calendar days of the discussion meeting, Nursing Administration

and the Union will agree upon a time for a secret ballot vote by all regular full – and

part-time nurses on the affected unit. In no event will the vote be scheduled more

than fourteen (14) calendar days after the meeting referenced in #1 above. The

wording of the ballot will be subject to a mutual agreement between the Union and

Nursing Administration. A representative of the Union will be present to assist in the

vote tally. A 2/3 majority of the eligible staff voting in favor of the twelve (12) hour

staffing pattern and agreement by the Nurse manager of the unit will constitute

approval of twelve (12) hour shift staffing for the unit.

683. A new vote will be held, upon request of 33% of eligible Registered Nurses at any

time to rescind the twelve (12) hour staffing pattern. A 2/3 majority of eligible voters

shall rescind the staffing pattern. The election procedure in #2 shall apply.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

684. In the event new positions are added by court order, the staffing shall be adjusted accordingly

to reflect the court order.

685. Staff nurses shall prioritize nursing duties based on staffing levels, consistent with directions

of unit management.

d. Clinical Services at Juvenile Justice Center – Special Programs for Youth (“SPY”) Clinic

686. Nurses shall prioritize nursing duties based on staffing levels, consistent with directions of

nursing management.

687. These levels of direct care will be provided for each 24-hour period.

Monday- Sunday

Juvenile Justice Center – SPY Clinic 48 hours of staffing/24-hour period

Staffing may be adjusted based on census and regulatory requirements.

e. Tom Waddell Clinics

688. RN staffing will be 116 hours of direct care for each weekday and thirty-two (32) hours for

each Saturday.

Staffing may be adjusted based on census and regulatory requirements.

f. San Francisco Behavioral Health Center (SFBHC) Mental Health Rehabilitation Facility

689. The Department and the Union will continue to meet over changing nurse staffing levels in

the SFBHC.

g. Health at Home

690. It is the parties intent to begin meeting and conferring on proposed changes to workload

and/or impacts that fall within the scope of bargaining regarding such acuity-based and

geographically-based model starting no later than November 1, 2019. If for any reason the

City is unable to begin meeting by that date, the City will notify the Union to identify a

mutually agreeable start date. The parties shall conclude the meet and confer no later than

June 30, 2020. Should the parties fail to reach agreement during the meet and confer process,

upon request of either party, the matter will be submitted to a mutually agreed mediator.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Until a new model is implemented, productivity standards outlined below shall continue.

691. The Productivity Standard for Health at Home is the following (or its equivalent):

Four (4) case manager revisits per day, or

Five (5) non-case manager revisits per day (Carry-calls)

692. It is understood, reflecting the Oasis paperwork required on these visits that, in calculating

the above standard:

1. A new referral or new admission is equal to two (2.0) revisits

2. A recertification visit is equal to 1.5 revisits.

3. A resumption of care visit is equal 1.5 revisits.

693. If a nurse attends a case conference, the case conference shall equal one (1) revisit.

694. Should a blood draw be required during a site/home visit, one (1) hour will be counted

toward productivity.

695. For all nurses assigned to the Health at Home program, productivity shall be calculated in

two week increments, corresponding to the applicable pay period.

696. The Primary Nurse on duty from 8:30 a.m. to 5:00 p.m. on weekends will have no more than

the equivalent of four (4) non-case manager revisits (carry-calls).

697. The parties agree to meet and confer over IT/IS issues and productivity standards at Health

at Home, with the intent of agreeing on a side letter addressing these issues.

h. Filling of Positions

698. The processing of personnel requisitions for nurses will be done on an expeditious basis,

with a goal of two weeks from time of issuance to the time when the position is available for

hire.

i. Overtime

699. Staffing of nursing units will be done so as to ensure that nurses are not required to work

excessive amounts of overtime. The Labor Monitoring Committee will monitor the use of

overtime.

j. Dispute Resolution

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

700. The Staffing provisions, its appendices, and Article V.B shall not be subject to the grievance

procedure.

701. Allegations of substantial and continuing violations of Articles V.A. and V.B. (staffing)

listed in this section or appendices and staffing related standards of care, which is defined as

staffing obligations that are mandated by the State under Title 22 will be resolved as follows:

Step I:

702. The Union shall initiate the dispute resolution procedure by submitting such allegations to

the administrator of the facility (i.e.; the SFGH Executive Director, LHH Executive

Administrator, Deputy Director for Community Health Programs, Deputy Director for

Mental Health Programs). Such allegations shall specify the exact nature of the claimed

violation, including work units involved, dates, shifts, and other circumstances surrounding

the alleged violation. The administrator of the facility shall review and investigate the

allegations and, if deemed necessary, submit a plan of correction to the monitoring

committee for evaluation and recommendation prior to the administrator's formal

submission of such plan of correction. Within thirty (30) days of the Union submission of

said allegations, the Administrator of the facility shall issue a formal response which may

include a plan of correction if deemed necessary.

Step II:

703. If, after monitoring committee evaluation, and no later than fifteen (15) calendar days after

receipt of the administrator’s formal response, the Union believes the alleged violation is

unresolved, it may submit its specific objections to the Director of Health to review and

investigate the allegations. If it deems it necessary, the Union may simultaneously submit to

the Director of Health its own proposed plan of correction. The Director of Health shall

have thirty (30) days to submit a response.

Step III:

704. If the Union believes the Director of Health’s response is still not satisfactory, and/or the

alleged violation is unresolved, either party may request mediation. In such event, the parties

shall arrange for mediation with a mediator from the State Mediation and Conciliation

Service, within thirty (30) days of such request, in an attempt to resolve the dispute. Any

recommendation issued by the mediator shall not be binding on the parties, except by

agreement of the City and the Union. In the event the dispute is not resolved, stipulations,

admissions, settlement proposals and concessions agreed to or offered during mediation shall

not be admissible at a subsequent hearing. The parties further agree to submit any pending

disputes as of the effective date of this agreement to mediation.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

Step IV:

705. If, following mediation, the Union believes the alleged violation remains unresolved, the

Union may submit the allegation within fifteen (15) calendar days to a mutually agreed upon

third-party neutral. The third-party neutral may only be brought in three (3) times per fiscal

year, for all disputes arising in DPH. At the start of the each fiscal year, the parties will pre-

schedule three (3) dates for hearing such disputes. The third-party neutral shall make a

binding determination to resolve the dispute. Parties will request the third-party neutral to

provide determination within thirty (30) days of the hearing.

706. Notwithstanding any prior arbitration award regarding the definition of “one (1) specific

staffing issue,” the third-party neutral’s authority is limited to one (1) specific staffing issue

only and shall not include other matters such as job assignments, work schedules or other

matters covered by this MOU. The determination of the third-party neutral must take into

account: area standards regarding staffing, state and federal laws, experts’ recommendations

regarding quality of care, business needs, the City’s financial ability to comply with the

proposed resolution, and any other relevant information presented by the parties. In

determining a staffing issue, the third-party neutral’s determination must fall within

allocated DPH resources.

Selection of Neutral Third-Party

707. Unless the parties agree otherwise, the third-party neutral shall be selected by alternately

striking names (first strike determined by lot) from a list of five (5) names to be determined

by mutual agreement. The parties will meet within thirty (30) days of the execution of this

agreement to establish the list of neutrals. In the event no agreement is reached, the panel

will be established by alternately striking names from a list of fifteen (15) arbitrators

provided by State Mediation and Conciliation Service, until five (5) names remain.

708. The Union and the City shall share the fees of the third-party neutral equally.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

V.B. SFGH SKILLED NURSING FACILITY - HOURS PER PATIENT DAY (HPPD)

(SECTION V.B. HPPD does not apply to P103 Per Diem Nurses)

Skilled Nursing Facility

709. 4A 4.5 (Includes RN, LVN and PCA staff)

Because of differences in patient acuity, the acceptable variance in HPPDs in Unit 4A is

0.4.The acceptable range will be applied when calculating the actual HPPDs.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

LAGUNA HONDA HOSPITAL

RN STAFF GRID (INCLUDES CHARGE NURSES)

NEIGHBORHOOD

CAPACITY

DAYS

PMS

AMS

M-F

S, S

M-F

S, S

M-F

S, S

Pavilion Acute

Pavilion SNF

North Mezzanine

North 1

North 2

North 3

North 4

North 5

North 6

South 2

South 3

South 4

South 5

South 6

This chart reflects the current staffing at Laguna Honda Hospital as of July 1, 2022. Staffing at

Laguna Honda Hospital is the subject of continuing discussions and is regularly adjusted based on

census and regulatory requirements.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

V.C. STAFFING AS OF 7/1/22

710. This Section C summarizes minimum staffing levels from Section V.A of this MOU, and also

current staffing levels as of July 1, 2022, which in certain units exceed the MOU minimum staffing

requirements.

711. The parties understand and agree that DPH will regularly adjust nurse and ancillary staffing based

on census, acuity, and regulatory requirements.

Unit MOU Minimum RN Staffing Current RN Staffing (7/1/22)

SFGH: Medical-

Surgical

Article V.A accurately

details current

staffing ratios based on acuity and other

considerations.

Includes meal and rest break nurse coverage

above MOU staffing to maintain staffing by

ratios and acuity

SFGH: Post

Anesthesia Care

Unit (PACU)

Article V.A currently lists the following

minimum staffing levels:

Monday – Friday:

7A – 7P Two (2) twelve-hour RNs

9A – 9P: One (1) twelve-hour RN

11A – 7P: One (1) eight-hour RN

12N – 8P: One/two (1 or 2) eight-hour

RN(s)

7P – 7A: Two (2) twelve-hour RNs

Weekend/Holidays:

7A – 7P: Two (2) twelve-hour RNs

7P – 7A: Two (2) twelve-hour RNs

Effective July 1, 2016, Monday through

Friday from 7A to 10P, the base staffing

levels will be increased from nine (9) to ten

(10) RNs, including the Charge Nurse and

excluding break relief RN.

Current staffing for the PACU is as follows:

Monday – Friday:

7A – 7P: Three (3) twelve-hour RNs,

including Charge Nurse

8A – 8P: One (1) twelve-hour RN

9A – 9P: Five (5) twelve-hour RNs

11A – 7P: One (1) eight-hour RN

11A – 11P: One (1) twelve-hour RN,

as need

by patient census

7P – 7A: Three (3) twelve-hour RNs.

Weekends/Holidays:

7A – 7P: Three (3) twelve-hour RNs

7P – 7A: Three (3) twelve-hour RNs

Monday through Friday from 7A to 9P, the

base staffing level is

eleven (11) RNs,

including the Charge Nurse and including

break relief RN.

SFGH: Maternal

Child Health –

Birth Center

Article V.A details minimum staffing

numbers for the Birth Center, including a

minimum of nine (9) RNs per shift (inclusive

of Charge Nurse and Triage Nurse and

exclusive of break relief RNs).

Current staffing includes thirteen (13) RNs

per shift,

which includes Charge Nurse,

Triage Nurse, and meal and rest break relief

nurses.

SFGH: Inpatient

Psychiatry

Article V.A details staffing ratios based on

acuity and other considerations.

Current staffing also includes the

Department maintaining a Charge Nurse

between 7 a.m. and 11:30 p.m., and the

Charge Nurse is not given patient

assignments except when called

upon in

unavoidable circumstances. Maintains a 1:5

nurse-to-patient ratio in 7C.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

SFGH: Psychiatric

Emergency

Services (PES)

Article V.A details minimum staffing levels

based on acuity and other considerations.

Current staffing also includes, on Night

Shift, seven (7) licensed staff members, of

whom five (5) are RNs (exclusive of break

relief RNs).

SFGH: Emergency

Department (ED)

Article V.A details current staffing ratios and

other factors relating to ED staffing.

Meets MOU staffing.

Laguna Honda

Hospital

Article V.A details minimum staffing based

on acuity and other considerations.

Meets MOU staffing.

Jail Health Services

(JHS)

Article V.A details minimum staffing based

on acuity and other considerations.

In addition, below are the current JHS levels

of direct care, by RNs, for each 24-hour

period:

Mon-Fri

Wkends/Holidays

Cty Jail #1 – 72 hrs 72 hrs

Cty Jail #2 – 96 hrs 80 hrs

Cty Jail #3 – 72 hrs 48 hrs

712. This Section V.C is not subject to the grievance procedure or to the Article V dispute resolution

procedures.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

V.D. JOINT RN/DPH MONITORING COMMITTEE

1. Establishment

713. DPH and the Union agree to maintain their joint commitment to participation in a

collaborative effort regarding issues of mutual interest, including discussion, deliberation,

and resolution of issues. As part of our responsibilities for providing quality health care

services, the parties hereby establish a Joint Registered Nurse/Department of Public Health

Monitoring Committee.

2. Purpose

714. The purpose of this committee shall be to review and make recommendations on subjects of

mutual concern and interest including, but not limited to:

• Review the actual and anticipated impacts of the ACA on the services provided by

DPH including the need to restructure and the effects of re-structuring as a result of

health care reform.

• Assurance of professional standards and optimal patient care.

• Staffing, including monitoring of hiring, vacancies, reassignments, and use of

overtime and P103 hours.

• Issues of training, cross-training and in-service education.

• ADO's

• Other Joint Labor Management issues as may arise.

• The impact of management decisions on quality of patient care, access to patient care,

cost of patient care, employee productivity, and employee morale.

3. Committee Involvement

715. This Committee shall not be directly involved in meeting and conferring nor the handling of

grievances. Grievances shall be resolved through procedures defined and described

elsewhere in this MOU and under applicable City law.

4. Structure

716. The organizational structure of the Joint RN/DPH Monitoring Committee shall be as follows:

A. Department wide committee:

717. There shall be two (2) Labor Co-Chairs of the Joint RN/DPH Monitoring Committee. Each

Labor Co-Chair, shall be selected from a different DPH site, and shall be granted up to two

and one-half days of release time each week to perform the work of the committee co-chair,

in addition to the release time granted to attend Monitoring Committee meetings.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

100

718. The Department agrees to utilize its best efforts to provide a work-space for the Labor

Management Co-Chairs, within existing City regulations regarding the use of City

equipment.

Labor Co-Chairs

719. The Labor Co-Chairs of the Joint RN/DPH Monitoring Committee shall:

a. Participate in all Department and designated Divisional RN Monitoring Committees.

b. Promote professional standards and optimal patient care.

c. Monitor restructuring as a result of health care reform.

d. Identify and facilitate issues of training, cross-training, and in-service education.

e. Communicate with all units regarding their right to complete and file ADO’s, follow-

up with identified concerns from ADO’s that have been completed and filed, and

maintain an ADO binder which includes responses, plans for correction, and

recommendations for improved patient care.

f. Establish and implement a regular visitation schedule to all nursing units, after

notification of the appropriate Nurse Manager, on all shifts throughout the

Department to facilitate communications towards continuous improvements in

nursing care.

g. Make recommendations to improve the quality of patient care, access to patient care,

cost-effectiveness of patient care, employee productivity, and employee morale.

h. Communicate with Management for each committee to set agendas for meetings; be

point person for Union information requests; and provide regular updates at the

Committee Meetings.

Meetings

720. The committee shall consist of fourteen (14) members. Seven (7) members shall represent

the department. Seven (7) members shall represent RNs as follows: one Jail Health Services,

three SFGH, one LHH and two CPHS/Mental Health/Primary Care/HAH. RN

representatives shall be selected from the divisional committee memberships. In addition,

the Union may request that a representative from DHR attend a department-wide committee

or a divisional Committee meeting. The request should be sent at least two (2) weeks prior

to a scheduled meeting, and a DHR representative will make every reasonable attempt to

attend if such a request is made.

721. In the event that an issue brought to the department-wide committee or a divisional

committee is not resolved, either party may request a Mediator from the State Mediation and

Conciliation Service. The Mediator shall attend the next scheduled committee meeting, or

when available, to help address the issue and make written recommendations to the

committee.

722. If the committee does not agree to implement the Mediator’s written recommendation, the

parties agree to submit up to three (3) unresolved issues that are within the scope of

representation as defined by the Meyers Milias Brown Act and do not fall within the

grievance procedure to the Mayor for final determination two (2) times per fiscal year. The

Union understands and agrees that the limitations referenced in the preceding sentence are

cumulative across all City bargaining units represented by the Union, excepting the MTA

Service Critical bargaining unit.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

101

B. Divisional Committees

723. (1) Membership

The four divisional committee shall consist of the following RN membership:

(a) Jail Health Services: 1 (one) member from each jail

(b) SFGH: 9 (nine) members (c) LHH: five (5) members

(d) CPHS/Mental Health/Primary Care/HAH: 9 (nine) members

724. (2) Meetings

(a) Jail Health Services: one (1) per month

(b) SFGH: one (1) biweekly to be conducted in accordance with the side

letter regarding SFGH labor monitoring committee effective for the

2014-2016 MOU

(d) CPHS/Mental Health/Primary Care/HAH: one (1) per month

725. (3) Divisional Committees may establish ad-hoc work groups by mutual agreement.

5. Release Time

726. RN representatives on the Joint RN/Department of Public Health Monitoring Committee

shall be granted release time with pay when participating in committee meetings during their

normal work schedule, subject to operational requirements. Attendance during non-work

hours will be compensated as work time. The schedule of committee meetings shall be

established with sufficient advance notice to accommodate operational requirements. The

union shall notify the department of the names of Registered Nurse members and changes in

membership as they occur in order to be considered for release time.

V.E. HEALTH AND SAFETY

Commitment to Safe and Healthy Work Environment

727. The City acknowledges its responsibilities to provide safe and healthy work environments for City

employees and users of City services. Every employee has the right to safe and healthy working

conditions.

The Department of Public Health Bloodborne Pathogen Safety Devices Committee

Purpose

728. The purpose of the committee is to develop and maintain a comprehensive program that

reduces the risk of blood borne pathogen exposure for employees and affiliated staff working

in Department of Public Health (DPH)) facilities. The program will integrate the evaluation

and selection of the best available safety devices and the evaluation and recommendation of

related user-training and work practices.

Composition

729. (A) The committee will contain eight members selected by DPH management and eight

selected by and from labor. Labor and management may also select additional alternative

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

102

representatives that may attend in the place of their designated representatives. Labor

constitutes DPH staff and staff of their representative unions. The committee may request

other experts to participate in committee activities; however, expert participation will be

limited to an advisory capacity only.

730. (B) The committee will be co-chaired by a representative from management and a

representative from labor.

731. (C) Committee membership shall not include individuals with any financial interest in or

affiliation with manufacturers of engineered safety devices within the last five years.

Scope and Authority

732. (D) The committee will report to the Director of Public Health. Specific reporting

requirements are detailed in the section on responsibilities below. The committee will have

the consultation and support of the DPH management where needed to help implement its

recommendations.

733. (E) The committee will have access to all non-medically confidential information necessary

to fulfill its objectives including but not limited to the OSHA 300 Log, the Sharps Injury

Log, and “Needlestick Hotline” Summary Data for all employees working at DPH facilities.

The committee will obtain information on individual exposure incidents through the incident

follow up conducted by the DPH Environmental Health and Safety Program.

734. (F) The committee will be responsible for establishing criteria for engineered sharps safety

devices selection in the DPH. The committee will employ these established criteria to

oversee and guide device evaluation processes in representative groups of frontline users and

determine the preferred device for purchasing. The committee will select the single best

device for each clinical practice or need. The committee will communicate its

recommendations directly to the purchasing department in a method consistent with

purchasing protocols. Recommendations made regarding resource allocation will follow the

standard process for resource allocation in the DPH.

735. (G) The committee will identify unsafe device use practices that contribute to blood borne

pathogen exposures and work with stakeholders, supervisors, and trainers to develop and

promulgate alternative and safer work practices.

736. (H) The committee will identify training needs, including training frequency, content, and

evaluation, required for optimum safety device use and work with stakeholders, supervisors

and trainers to ensure their needs are met.

737. (I) Decisions of the committee will be made by consensus whenever possible; however, in

the absence of consensus the committee may make decisions by majority vote. Issues at

impasse will be brought to the Director of Environmental and Occupational Health and

Safety for resolution with an opportunity for appeal to the Director of Public Health by any

committee member.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

103

738. (J) The co-chairs of the committee will serve as CHN representatives to the three-hospital

safety device committee (UCSF, VA, and SFGH) should it be re-established.

Responsibilities

739. (K) The committee will operate under the standards of DPH committees and adhere to

requirements set by JCAHO, California Title 22, and CAL-OSHA.

740. (L) The committee will always solicit input from direct care providers in its assessments.

741. (M) The committee will meet every two months.

742. (N) The committee will prepare: (1) An action plan every 12 months with description of the

following years priorities, objective, anticipated activities, and resource requirements. (2) A

report every 6 months detailing progress towards objective. Both reports will be presented

to the Director of Public Health annually.

743. (O) Minutes of meetings will be taken and made available to DPH staff.

744. (P) Union representatives will be granted release time during regular work hours with pay

subject to operational and staffing requirements to attend committee meetings and work on

committee assigned projects. The scheduling of meetings and work projects with sufficient

advance notice will enhance the ability to grant release time.

745. (Q) The Labor co-chair of the committee shall be granted up to one (1) day of release time

each week to do the work of the committee co-chair. This shall be in addition to the release

time granted to attend committee meetings.

746. (R) The committee may assign specific work projects to one or more of its members.

Participation in committee-approved work projects may occur outside of regular committee

meetings. The committee will notify managers of approved work projects so that union

representatives may be appropriately released or granted compensatory time off pursuant to

this agreement.

747. (S) Union representative members will be granted straight-time compensatory time-off for

part-time employee members and time-and-one-half compensatory time-off for full-time

employee members for each hour involved in committee meetings and work projects during

non-work hours.

748. No Registered Nurse shall suffer adverse action by reason of the Nurse’s refusal to perform

hazardous or unsafe tasks or the Nurse’s refusal to enter unsafe or hazardous areas. When, in the

best judgment of the nurse, such conditions exist, the nurse shall notify the Nurse’s supervisor, and

departmental safety committee. If a management and Union representative concur that a task or

area is hazardous, the employee shall be reassigned until the hazard is eliminated. If there is no

concurrence, the matter shall be submitted to the grievance procedure for resolution. Departmental

Safety Committee Members' names will be posted in all nursing work areas.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

104

749. The Department shall provide all medical personnel and health care providers with training in health

and safety, including but not limited to, training on safety devices, protection against infectious

diseases, handling of hazardous materials, chemical spills and use of personal protective equipment.

All training will be properly documented.

750. In the event more than one administrative remedy may be available within the City and County

governmental system of San Francisco, the Union shall elect one. An individual employee may

exercise whatever right the employee may have under law. Notwithstanding such exercise, the

Union shall not finance more than the proceeding it elects.

Information

751. The City shall provide the Union departmental lists on a monthly and cumulative annual basis

containing the vital information on all work related injuries to nature of illness and injury, dates,

time lost, corrective action, current status of employee, cost of injury and work location.

Alternative Assignments

(Alternative Assignments do not apply to P103 Per Diem Nurses)

752. The Department will make a good faith effort to return a nurse who is pregnant or who has sustained

an injury or illness and whose medical provider(s) certify the nurse is temporarily unable to perform

specified aspects of the nurse’s regular job duties to temporary modified duty within the employee's

medical restrictions.

753. Duties of the modified assignment may differ from the employee's regular job duties and/or from

job duties regularly assigned to employees in the injured employee's class. Where appropriate

modified duty is not available within the employee's classification, on the employee's regular shift

(including regular days off), and in the employee's department, the employee may be temporarily

assigned pursuant to this section to work in another classification, on a different shift (including

different days off), and/or in another department. After a period of three (3) months, the parties

shall evaluate the modified duty assignment in conjunction with the employee's medical restrictions.

It is understood that modified duty assignments are temporary only and that the employee will be

compensated in the modified duty assignment at the employee's regular base hourly rate.

Labor Code Compliance

754. The Department shall comply with the California Labor Code, hazardous Substances Information &

Training, by providing Registered Nurses with Cal-OSHA Material Safety Data Sheet (MSDS)

which relate to hazardous substances in the workplace. Nothing herein is deemed to supersede state

law.

SMART Training

755. Throughout the life of this Agreement, the City agrees that it will make SMART (Safety

Management and Response Techniques) training available for members of this bargaining unit.

Battery Leave with Pay for Assaulted Employees

756. Consistent with Administrative Code Section 16.170, nurses shall receive leave with pay for any

absences which are caused by bodily injury or illness arising out of and in the course of employment

and caused by an act of violence.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

105

757. The City shall process requests for assault pay within seven (7) working days of the injury or illness,

provided that the medical provider's first report of injury is received within five (5) days of injury

and that the fact of industrial injury is confirmed. The City shall expedite approved requests for

assault pay. The City shall reimburse assault pay recipients for any paid leave they utilized in the

interim. Disability benefits shall begin with the first day of injury.

758. Per diem nurses shall receive battery leave for the average of weekly earnings for the last six (6)

months.

Traumatic Event

759. The City will make available a trained CISD (Critical Incident Stress Debriefing) person to meet

with employees who experience a traumatic event during the course of employment. Additionally,

San Francisco General Hospital has a Critical Incident Response Team (CIRT) which is a

collaboration between the University of California (UC) and the City that responds within 48 hours

of notice of an incident whenever possible.

SFGH Violence Prevention Team

760. The Department of Public Health will institute a Violence Prevention Team at SFGH, consisting of

the Administrator on Duty (“AOD”) and the Department of Public Health’s Director of Security, a

representative of the Sheriff’s Department, to respond promptly to safety and security concerns,

including threats to patients and staff. The team will report any safety or security concern to the

SFGH Management Response Team.

761. The AOD will have the authority to temporarily close any nursing unit to visitors, and take other

appropriate action to ensure patient safety.

Workplace Violence Prevention (WVP) Committee

762. The City and the Union are committed to providing a safe working environment and to complying

with applicable State and Federal safety standards including CalOSHA regulations.

763. The WVP committee will research, develop, and recommend measures to improve safety strategies,

trainings, and to reduce violent incidents at SFGH, LHH, and SFDPH Community programs. The

committee will report to the joint Committee RN/DPH Labor Management Monitoring Committee

(LMMC).

764. The WVP committee will consist of up to six (6) members selected by DPH management and six

(6) frontline patient care staff designated by SEIU Local 1021. Labor and management may also

select additional alternative representatives that may attend in the place of their six (6) designated

representatives. Labor constitutes SEIU Local 1021 staff and members. The Committee will be co-

chaired by representatives from management and labor.

765. The committee will meet once every month for two (2) hours as paid release time. Meeting minutes

will be taken and made available by the next meeting.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

106

766. The Labor co-chair of the committees shall be granted up to six (6) hours of release time every

month to do the work of the committee co-chair including committee meetings. If committee

members are assigned work from the WVP committee meeting, they will be granted up to two (2)

hours of release time per month for such work.

Safe Patient Handling and Movement Policy

767. The Department Nursing Policy 1.17 titled “Safe Patient Handling Program” for all inpatient units

at San Francisco General Hospital will consist of ten (10) permanent Patient Handling Specialists

(formerly referred to as the “Lift team”) to be proficient in the use of mechanical lifting equipment

and devices, available as a resource to assist staff and to provide consultation to staff in safe patient

handling techniques, participate in training staff, and monitor the lifting equipment and devices to

ensure that the equipment/devices are properly cleaned and maintained. Ongoing compliance data

concerning safe patient handling specialists will be reported to the SFGH and Citywide Monitoring

Committee. The Department and Union will maintain an SFGH Safe Patient Handling Committee

to monitor the progress of the program.

Purpose

768. The purpose of the committee is to develop and maintain a comprehensive program that reduces the

risk of injuries due to patient handling for employees and affiliated staff working in Department of

Public Health (DPH)) facilities. The program will integrate the evaluation and selection of the best

available safety devices and the evaluation and recommendation of related user-training and work

practices.

Composition

769. (A) The committee will contain six members selected by DPH management and six selected by and

from labor. Labor and management may also select additional alternative representatives that may

attend in the place of their designated representatives. Labor consists of SFGH staff and staff of

their representative unions. The committee may request other experts to participate in committee

activities; however, expert participation will be limited to an advisory capacity only.

770. (B) The committee will be co-chaired by a representative from management and a representative

from labor.

771. (C) Committee membership shall not include individuals with any financial interest in or affiliation

with manufacturers of engineered lifting/safety devices within the last five years.

Scope and Authority

772. (D) The committee will report to the CEO of SFGH. Specific reporting requirements are detailed

in the section on responsibilities below. The committee will have the consultation and support of

the DPH management where needed to help implement its recommendations.

773. (E) The committee will have access to all non-medically confidential information necessary to fulfill

its objectives including but not limited to the OSHA 300 Log, and applicable Worker’s

Compensation Data for all employees working at DPH facilities. The committee will obtain

information on individual lifting injuries/accidents through the incident follow up conducted by the

DPH Environmental Health and Safety Program.

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

107

774. (F) The committee will be responsible for establishing/approving criteria for lifting devices selection

in the DPH. The committee will employ these established criteria to oversee and guide device

evaluation processes in representative groups of frontline users and determine the preferred device

for purchasing. The committee will select the best patient handling or moving solution for the

patient’s dependency level. The committee will communicate its recommendations directly to the

purchasing department in a method consistent with purchasing protocols. Recommendations made

regarding resource allocation will follow the standard process for resource allocation in the DPH.

775. (G) The committee will identify unsafe device patient handling practices that contribute to handling-

related injuries and work with stakeholders, supervisors, and trainers to develop and promulgate

alternative and safer work practices.

776. (H) The committee will identify training needs, including training frequency, content, and

evaluation, required for optimum safe patient handling and movement with stakeholders, supervisors

and trainers to ensure their needs are met.

777. (I) Decisions of the committee will be made by consensus whenever possible; however, in the

absence of consensus the committee may make decisions by majority vote. Issues at impasse will

be brought to the Director of Environmental and Occupational Health and Safety for resolution with

an opportunity for appeal to the Director of Public Health by any committee member.

Responsibilities

778. (J) The committee will operate under the standards of DPH committees and adhere to requirements

set by JCAHO, California Title 22, and CAL-OSHA.

779. (K) The committee will always solicit input from direct care providers in its assessments.

780. (L) The committee will meet monthly.

781. (M) The committee will prepare: (1) An action plan every 12 months with description of the

following year’s priorities, objective, anticipated activities, and resource requirements. (2) A report

every 6 months detailing progress towards objective. Both reports will be presented to the Director

of Public Health annually.

782. (N) Minutes of meetings will be taken and made available to DPH staff.

783. (O) Union representatives will be granted release time during regular work hours with pay subject

to operational and staffing requirements to attend committee meetings and work on committee

assigned projects. The scheduling of meetings and work projects with sufficient advance notice will

enhance the ability to grant release time.

784. (P) The Labor chair of the committee shall be granted up to one (1) day of release time each week

to do the work of the committee co-chair. This shall be in addition to the release time granted to

attend committee meetings

ARTICLE V – WORKING CONDITIONS

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

108

785. The Union may designate one (1) SFGHMC nurse to participate in each of the following

committees: the SFGH Joint Nursing Pharmacy Committee; the SFGH Rebuild Committee; the

Recycling Task Force; and the SFGH Product Evaluation Committee.

Joint Labor-Management Occupational Safety and Health Committee

786. There is hereby created a Joint Labor-Management Occupational Safety and Health Committee

consisting of ten (10) persons appointed by the Unions representing City employees and ten (10)

persons appointed by the Mayor. Appointees of the Union shall serve on released time subject to

departmental approval which shall not be unreasonably denied.

787. The goals and objectives of this committee are set forth in the "Work Plan" for the Labor-

Management Occupational Safety and Health Committee attached in APPENDIX A of this MOU.

Assault Prevention

788. The Department will make good faith efforts to conduct three (3) rounds per eight (8) hour shift by

security personnel on units 7.A., 7.B. 7.C., and Psychiatric Emergency Services at San Francisco

General Hospital. The Department will, in addition, make a good faith effort to conduct two (2)

security rounds per evening and night shift by security personnel at San Francisco Behavioral Health

Center.

789. DPH staff may request to attend any SMART training pending space availability. By January 1,

2015, the Department will develop a SMART training or comparable training on safety specific to

the non-acute care worksites. Additional safety specific training will be developed for non-

hospital worksites.

Mandatory HIV Testing

790. Based on current scientific evidence that rigorous adherence to universal precautions and infection

control procedures is the most appropriate practice to prevent infection or disease as a result of the

occupational transmission of blood borne pathogens, the City shall not require mandatory testing of

nurses for HIV disease. The City continues to support voluntary anonymous and confidential testing

and voluntary disclosure of HIV status.

791. A nurse who has possible blood borne pathogen exposure will have access to a twenty-four hour

hotline which provides counseling, referral to immediate prophylaxis (i.e. post-exposure prophylaxis

available according to established scientific standards), connection to source patient evaluation

systems, and access to free confidential baseline testing. Any nurse requiring immediate medical

care will be treated either by Employee Health Services (EHS) or, when EHS is closed, the

SFGHMC Emergency Department. Free follow-up testing for post-exposure seroconversion will

be offered at the interval(s) and duration which are uniformly clinically recommended.

792. A potentially exposed nurse will have immediate phone access to (Critical Incident Stress

Debriefing) CISD services post incident. Staff will be referred to Employee Health Services for

consultation following exposure.

793. Nurses with possible blood borne pathogen exposure will be informed about and given the

Employee’s Claim for Worker’s Compensation Benefits to complete and return; the nurse’s

ARTICLE V – WORKING CONDITIONS

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supervisor will complete/file the Employer’s Report of Injury or Illness for each potential exposure

reported by staff.

Reassignment Following Assault

794. The personnel division shall seek to accommodate the reassignment of the Nurse, when the Nurse

and the nurse’s physician agree that the Nurse should not return to the original work site. Upon

receipt of the request for reassignment, the Personnel Officer will coordinate potential interviews

for reassignment to facilitate the placement of the Nurse into a vacant Registered Nurse position (or

Public Health Nurse position, if the employee is a Public Health Nurse) that is mutually agreeable

to the Nurse and the unit's supervisor.

795. The Department will make good faith efforts to implement procedures to notify appropriate staff,

including, but not limited to, staff located at Health at Home, the SFGH Emergency Department and

ICU, as well as Public Health Nurses and Case Managers in the High Utilization Program, in a

timely manner, of potential or actual violent situations in the community.

V.F. JAIL HEALTH SERVICES DIVISION

(SECTION V.F. does not apply to P103 Per Diem Nurses)

796. A non-probationary permanent registered nurse who is assigned to Jail Health Services and who

suffers the loss of a jail security clearance shall be reassigned to another position in the same class

subject to the following conditions:

a. the basis for revocation of the jail security clearance would not otherwise be grounds for

discharge,

b. there are available vacant positions approved for filling, and

c. the nurse possesses the skills and abilities required of the position.

V.G. THE IMPAIRED NURSE

797. The Department and the Union recognize that alcoholism and chemical dependency are treatable

diseases which may impair nurse performance on the job and affect patient care.

798. When the Department is made aware of an impaired nurse, they will be referred to DPH Human

Resources who will provide a list of resources to the nurse including referral information to Leave

of Absence and ADA programs, Employee Assistance Program (EAP), and the California Board of

Registered Nursing Intervention Program for Registered Nurses.

799. The Union and the Department will both approach the Health Service System Board to discuss (if

applicable for Per Diem) and suggest changes in Health Care Plans, including possible treatment

programs for the impaired nurse.

V.H. SFGH BUILDING 25

800. The Union shall be allowed to designate one attendee from the ranks of direct care providers in

covered classifications from work units that are undergoing Department initiated continuous

ARTICLE V – WORKING CONDITIONS

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improvement activities. The Union will designate attendees to participate in the Department’s

process improvement programs to help plan and develop work processes.

801. If SFGH creates additional process improvement or other planning committees to help plan and

develop work process in the new hospital, the Union will be allowed to designate one (1) attendee

from the Union.

V.I. TELECOMMUTING

802. An employee who meets the Telecommuting Program eligibility criteria and program guidelines

may apply to participate in the Telecommuting Program. As described more fully in the

Telecommuting Program materials, telecommuting is a cooperative arrangement subject to the

telecommuting appeal process. Telecommuting agreements will be offered within a department,

program, or clinic based on operational need and in an equitable manner.

803. In addition to the above, the Department will approve telecommuting agreements for nurses

regularly scheduled for administrative time to the extent possible. Any telecommute agreement is

subject to staffing needs and not guaranteed. Any employee on an approved telecommute agreement

must be able to report to work within two (2) hours in case of safety, staffing, and other onsite service

needs.

804. Either a telecommuting employee or the City may end a telecommuting arrangement at any time,

however, telecommuting arrangements will not be denied or ended for an arbitrary or capricious

reason. In the event a represented employee has a good faith belief that a telecommuting request is

denied for an arbitrary or capricious reason, or that an existing telecommuting agreement was

terminated for an arbitrary or capricious reason, the member may appeal the decision to the City’s

Human Resources Director, whose decision shall be final and binding. Neither the Telecommuting

Program nor this section are subject to the grievance and arbitration procedure of this Agreement.

ARTICLE V – WORKING CONDITIONS

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ARTICLE VI. SCOPE

VI.A. ADMINISTRATIVE PROVISIONS

1. STAFF NURSES

805. Should any terms or conditions spelled out in this MOU differ from the SSO which pertains to

Charter Section 8.403 for the fiscal year(s) covered by this MOU, such terms and conditions noted

herein shall prevail.

2. PER DIEM

806. Should any terms or conditions spelled out in this MOU differ from the SSO for the fiscal year(s)

covered by this MOU, such terms and conditions noted herein shall prevail.

VI.B. SCOPE OF AGREEMENT

807. The parties acknowledge that during the negotiations which preceded this agreement each had the

unlimited right and opportunity to make demands and proposals with respect to any subject or matter

within the jurisdiction of the Board of Supervisors or the Department of Public Health 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. Therefore, for the life of this agreement, the City and

the Union each voluntarily and unqualifiedly waive the right, and each agrees that the other shall

not be obligated to meet and confer with respect to any subject or matter referred to, or covered in

this agreement, or with respect to any subject or matter not specifically referred to or covered in this

agreement even though such subjects or matters may not have been within the knowledge or

contemplation of either or both of the parties at the time they negotiated and signed this agreement.

808. The Board of Supervisors agrees to adopt any appropriation ordinance required to fully implement

the provisions of this MOU. In addition to the formal processing of such ordinance, the Employee

Relations Director shall personally brief the Controller, the Mayor and the Mayor's Executive

Deputy, Fiscal and Program Administration on the content of such ordinance. In the event that any

one or more of the included provisions cannot be implemented for whatever reason, or a court of

competent jurisdiction finds any one or more of the included provisions cannot be implemented for

whatever reason, or a court of competent jurisdiction finds any one or more provisions herein to be

illegal, the parties shall immediately commence meeting and conferring to determine a suitable

replacement or equal dollar value, retroactive to the effective date of this Agreement, or commencing

on such subsequent date when implementation of such provision is suspended, whichever is later.

VI.C. CIVIL SERVICE COMMISSION JURISDICTION

(SECTION VI.C. Civil Service Commission Jurisdiction does not apply to P103 Per Diem Nurses)

809. All matters provided in this Agreement within the jurisdiction of the Civil Service Commission are

subject to approval of the Civil Service Commission and are excluded from the grievance or

arbitration provisions of this Agreement.

ARTICLE V – WORKING CONDITIONS

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VI.D. SAVINGS CLAUSE

810. Should any part hereof or any provisions herein be declared invalid by a court of competent

jurisdiction by reason of conflicting with a Charter provision or existing ordinances ore resolutions

which the Board of Supervisors had not agreed to alter, change or modify, or by any decree of a

court, such invalidation of such part or portion of this MOU shall not invalidate the remaining

portions hereof and the remaining portions hereof shall remain in full force and effect for the

duration of the MOU.

VI.E. DURATION

811. This Agreement shall be effective July 1, 2022 and shall remain in full force and effect through June

30, 2024. The parties agree that each will make every good faith effort to conclude a successor

agreement on or before the expiration date noted.

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IN WITNESS WHEREOF, the parties hereto have executed this MOU this _____ day of __________,

2022.

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This document outlines overall goals and objectives for the City-wide joint labor management occupational

safety and health. The first goal is to establish the committee. Once the committee has been established

and has finalized recommendations in each of the areas discussed below, this information will be presented

to the Mayor. Subsequently, the Mayor will respond to the recommendations of the committee. A timetable

for implementing the identified goals and objectives is attached.

Goal

1: ESTABLISH A JOINT LABOR MANAGEMENT OCCUPATIONAL SAFETY AND HEALTH

COMMITTEE FOR THE CITY AND COUNTY OF SAN FRANCISCO

OBJECTIVE 1.1

With the input from both labor and management, the Mayor will establish the structure of the

joint labor/management occupational safety and health committee. This will include:

Identification of management representatives to serve on the committee.

Delegating lead role responsibility for facilitating the committee to the appropriate

Department Head (DPH?).

Providing appropriate support personnel to staff the committee, or requesting City

Departments to provide support staff as needed. Support staff could include certified

industrial hygienists, certified safety professionals, etc.

OBJECTIVE 1.2

The Mayor will define the roles and responsibilities of the joint labor/management occupational

safety and health committee.

OBJECTIVE 1.3

The Mayor will prepare a written mission statement for the committee. This mission statement

will discuss the function and purpose of the committee, and will define their authority.

OBJECTIVE 1.4

Both labor and management will review the mission statement and scope of authority for the

committee. Labor and management will recommend revisions to the mission statement as

necessary for it to be mutually acceptable.

OBJECTIVE 1.5

The Mayor will appoint a co-chairperson for the committee (DPH?).

GOAL 2: EVALUATE EXISTING OCCUPATIONAL SAFETY AND HEALTH PROGRAMS

WITHIN THE CITY AND COUNTY OF SAN FRANCISCO

OBJECTIVE 2.1

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The committee will review the actions and recommendations of the previous joint labor

management occupational safety and health committee.

OBJECTIVE 2.2

The committee will review the general CAL OSHA rules and regulations pertaining to

occupational safety and health of City employees. As needed, the committee will review

specific CAL OSHA regulations which impact on occupational safety and health programs

within the City and County of San Francisco.

OBJECTIVE 2.3

The committee will review any Memorandums of Understanding (MOU) or other contractual

material which incorporates occupational safety and health requirements.

OBJECTIVE 2.4

The committee will produce a list of potential occupational safety and health programs within

the City and County of San Francisco. Note: the presence of an item on this list does not imply

that all committee members agree that this is a problem area. It merely indicates that at least

one committee member believes that this is an area inquiring attention.

OBJECTIVE 2.5

The committee will review the present structure and staffing of occupational safety and health

programs within the City and County of San Francisco.

OBJECTIVE 2.6

The committee will review the present structure and staffing of organizations which directly

impact occupational safety and health programs within the City and County of San Francisco.

This would include, but not be limited to:

The Center for Municipal Occupational Safety and Health (CMOSH)

The Retirement Program/Workmen's Compensation

The St. Francis Room

The Risk Manager's Office

Toxics and Safety Services Program

OBJECTIVE 2.7

The committee will review existing occupational injury and illness data, as well as the

mechanisms used for collecting such data.

OBJECTIVES 2.8

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The committee will evaluate the City's current available level of compliance with occupational

safety and health regulations. DPH safety and health staff will provide overview.

OBJECTIVE 2.9

The committee will review all CAL-OSHA citations and inspections of City facilities

conducted in the past five years.

GOAL 3: DEVELOP AND IMPLEMENT A WORK PLAN FOR A CITY WIDE OCCUPATIONAL

HEALTH AND SAFETY PROGRAM WITHIN A SPECIFIED TIME FRAME

OBJECTIVE 3.1

The committee will prioritize the major issues that need to be addressed in a City-wide

occupational health and safety program.

OBJECTIVE 3.2

The committee will develop a time line for implementing a City-wide occupational health and

safety program.

OBJECTIVE 3.3

The committee will recommend appropriate staffing for a City-wide occupational safety and

health program.

OBJECTIVE 3.4

The committee will develop a proposed budget for a City-wide occupational safety and health

program.

OBJECTIVE 3.5

The committee will make specific recommendations on the amount and type(s) of occupational

safety and health training needed by City employees (managers, supervisors, line workers, etc.)

GOAL 4: DEVELOP THE DEPARTMENTAL OCCUPATIONAL SAFETY AND HEALTH

COMMITTEE STRUCTURE FOR THE CITY AND COUNTY OF SAN FRANCISCO

OBJECTIVE 4.1

Develop standing subcommittees of the overall joint labor management committee. Determine

the membership, meeting requirements and goals for these subcommittees.

OBJECTIVE 4.2

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Determine the appropriate committee structure for departmental occupational safety and health

committees including: number and type of committees required; membership, meeting

requirements; goals of the committee; and departmental and other reporting relationships.

OBJECTIVE 4.3

Determine the appropriate structure and composition for worksite safety and health committees

including specification of membership, meeting frequency goals and reporting relationships.

GOAL 5: CONDUCT OCCUPATIONAL SAFETY AND HEALTH SITE ASSESSMENTS

OBJECTIVE 5.1

Develop a standing committee to develop priority site occupational safety and health checklist.

Checklist will be the standard.

OBJECTIVE 5.2

Develop priority site inspection list. High priority site inspections will be based on

predetermined criteria.

OBJECTIVE 5.3

Conduct site inspections. Purpose of inspections are to detect unsafe conditions and practices

and hazardous materials and environmental factors. There are approximately 400 work sites.

OBJECTIVE 5.4

Provide written reports indicating findings and recommending suitable hazard abatement. Also

included shall be updating work practices and hazard control.

OBJECTIVE 5.5

Committee will review all available safety and health data from site assessment to determine

cost/effective automation.

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APPENDIX B

During negotiations for a successor Agreement, the parties discussed changes to III.K. SENIORITY AND

SHIFT ASSIGNMENT/STAFF NURSES for 12 Hour Units. SFGH agrees to continue to “grandfather”

existing employees as follows:

The employees listed below will work seven (7) twelve-hour shifts per pay-period or eighty-four (84) hours

total. The employees will be paid for eighty (80) hours and provided (at the employee’s choice) four (4)

hours of pay at time-and-one-half per pay period or four (4) hours of compensatory time off at time-and-

one-half per pay period.

Emp#

Last Name

First Name

Class

Unit

158323

Aldaz

Jessica

2328

024751

Andes

Evelyn

2320

037195

Billote

Sophia

2320

PACU

025250

Cosmiano

Teresita

2320

016350

Cruz

Daisy

2320

037607

Devera

May

2320

040371

Esmero

Mary

2320

014848

Fernandez

Liza

2320

032049

Fortaleza

Grace

2320

PACU

023012

Isidro

Miriam

2320

032893

Mangaccat

Myrna

2320

040269

Nguyen

Huong

2320

048985

Nolasco

Anna

2320

029761

Orbino

Marissa

2320

029893

Poblete

Teresita

2320

5E/R

017994

Pongol

Cleotilde

2320

PACU

015530

Puentes

Zenaida

2320

024827

Ramos

Jocelyn

2320

020527

Reyes

Gliceria

2320

035162

Sarzaba

Merceditas

2320

023980

Thiebaud

Lorraine

2320

PACU

156730

Westheimer

Gabriel

2328

016286

Jagers

Annette

2320

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APPENDIX C: UNION ACCESS TO NEW EMPLOYEES PROGRAM

I. Purpose

The purpose of this agreement is to memorialize the rights and obligations of the City and the Union in

accordance with CA Government Code Sections 3555-3559, through the creation of a single, City-wide

Union Access to New Employees Program applicable to all City Agencies and all City Employee Unions.

II. Notice and Access

A. The City shall provide the Union written notice of, and access to, new employee orientations

(hereinafter NEOs) as set forth below. It is the City’s policy that NEOs are mandatory for all newly-

hired employees. It is the City’s intent that NEOs take place as promptly as possible after the first

day of employment. Within thirty (30) calendar days of the start of employment, newly-hired

employees will be scheduled to attend the next available NEO. NEOs shall be scheduled during an

employee’s regularly scheduled, paid time. In the event that a newly-hired employee’s regular

schedule is outside of a scheduled NEO, the Department may make a one-time adjustment to the

employee’s work schedule in order to accommodate this requirement.

In the event an employee does not attend the NEO that the employee was scheduled to attend, said

employee will be automatically enrolled to attend the next available NEO. If the employee does not

attend the subsequently scheduled NEO, the Union NEO Coordinator may contact the Departmental

NEO coordinator to arrange a meeting with the employee pursuant to Section F., below.

B. Application: New employee

s include, but are not limited to, newly-hired employees whose positions

are permanent, temporary, full-time, part-time, per diem, seasonal, provisional, or as-needed.

C. Notice

1. Single Point of Contact: The Union agrees to provide the City with a single point of contact

(hereinafter, Union NEO Coordinator) and the City agrees to provide the Union with a single

point of contact for each Department (hereinafter, Departmental NEO Coordinator), which

will be updated by the City and the Union on an as-needed basis.

2. Notice of Schedule: For any NEO that takes place on a regular, recurring schedule, the

sponsoring Department shall be responsible for providing annual notice to the Union. For

NEOs that are not offered on a regular, recurring schedule, the sponsoring Department shall

provide no less than ten (10) business days’ notice. Said notices shall be provided by email,

to the Union NEO Coordinator. This requirement shall apply to all NEOs in which City

personnel provide newly-hired employees with information regarding employment status,

rights, benefits, duties, responsibilities, or any other employment-related matters.

3. Notice of Enrollment: Notice shall include a list of new employees represented by the Union

scheduled to attend the NEO. If practical, the City agrees to provide additional identifying

information including, but not limited to, classification and department. Six months from

enactment, in the event the City is unable to provide classification and department

information in the Notice of Enrollment, the Union can reopen this Agreement for the sole

purpose of meeting and conferring over the identifying information provided in this Section

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II.C.3 Notice of Enrollment. Said meeting and conferring shall not be subject to the impasse

procedures in Government Code Section 3557. The Department sponsoring the NEO shall

provide the foregoing information no less than five (5) business days prior to the NEO taking

place. The Department will make best efforts to notify the Union NEO Coordinator of any

last-minute changes. Onboarding of individual employees for administrative purposes is

excluded from this notice requirement.

D. Citywide and Departmental NEOs: New employees in those Departments identified in Attachment

A shall attend a citywide NEO, sponsored by the Department of Human Resources. This citywide

NEO shall take place at minimum on a monthly basis. Departments identified in Attachment B will

conduct respective Departmental NEOs. At the City’s discretion, Departments may be added to or

removed from either Attachment A or Attachment B. For the citywide NEO, DHR will adhere to

the Department notice requirements in Section C., above. The City will provide the Union with

thirty (30) calendar days’ notice prior to moving a Department from Attachment A to B, or vice

versa. Every City Department shall be listed on either Attachment A or Attachment B.

E. Access and Presentation: At all NEOs, the Union shall be afforded thirty (30) minutes to meet with

represented new employees who are present, unless the Union’s Memorandum of Understanding

(MOU) provides for more than thirty (30) minutes. The right of the Union to meet with newly-hired

employees is limited to only those employees whose classifications fall within the Union’s

bargaining unit. The City shall ensure privacy for the Union’s orientation, and it shall take place

without City representatives present. This requirement can be met by providing either a private room

or a portion of a room with sufficient distance from other activities in the room to limit disruption.

The Department responsible for scheduling the NEO shall be responsible for including Union

presentations on the agenda. The Union’s presentation shall occur prior to any meal break, and will

not be conducted during a scheduled break time. One (1) of the Union’s representatives may be a

Union member designated by the Union. Such member(s) shall be released to attend under the terms

and conditions specified in the MOU. If not otherwise provided for in the MOU, the Union may

request release of a Union-designated member to attend the NEO. Release time shall not be

unreasonably withheld. Said request shall be made to the Employee Relations Division no less than

three (3) business days in advance of the scheduled NEO. The Union agrees to limit its presentation

to only those matters stated in Section H., below.

F. Alternate Procedures: In the event the Union identifies one or more new employees who did not

attend the Union’s presentation as described in Section E., above, the Union may contact the

Departmental NEO coordinator to schedule a mutually-agreeable fifteen (15) minute time slot for

the Union to meet privately with the new employee(s). If the number of such identified employees

is five (5) or more at a particular location, the Union NEO Coordinator and Departmental NEO

Coordinator will work together to schedule a mutually agreeable thirty (30) minute time slot for the

private meeting. One (1) of the Union’s representatives may be a Union member designated by the

Union, and such member shall be released to attend under the terms and conditions specified in the

MOU. If not otherwise provided for in the MOU, the Union may request release of a Union-

designated member as provided for in Section E., above. This alternate procedure shall also apply

to any employee who has promoted or transferred into the bargaining unit.

1. The Union NEO Coordinator shall coordinate with the new employee(s) referenced in the

preceding paragraph and the Departmental NEO Coordinator to schedule a fifteen (15)

minute meeting during normally scheduled hours, which shall not be during employee’s

break or meal period, for the Union representative(s) to meet privately with, and provide

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materials and information to, the new employee(s). City representatives shall not be present

during said meeting. The Union agrees to limit its presentation to only those matters stated

in Section H., below.

2. In the event the proposed time cannot be accommodated, the Union NEO Coordinator and

the Departmental NEO Coordinator shall work together to find a mutually agreeable time

within ten (10) business days of the Union’s request.

3. Department of Elections: Any new employee of the Department of Elections who is

classified as Temporary Exempt (Category 16), whose duration of appointment is one (1)

pay period or less, and works on an as-needed work schedule will receive written materials

provided by the Union in lieu of attending a Citywide or Departmental NEO, a private

meeting with the Union as provided for in Section F., above, or a Periodic Union Orientation

as provided for in Section G., below.

G. Process for Periodic Union Orientations: By mutual agreement, the Union NEO Coordinator and

the Departmental NEO Coordinator may schedule periodic thirty (30) minute Union orientations.

Periodic Union orientations may be scheduled on an every-other-month, quarterly, or other basis.

The following Departments shall maintain existing Union orientation arrangements: Department of

Emergency Management; Sheriff’s Department; and Police Department.

The 311 Customer Service Call Center shall maintain existing practice with respect to Union access

to 311 Customer Service Agent Training.

H. Union Orientation Presentations: The Union agrees to limit its presentation to a general introduction

to its organization, history, by-laws, and benefits of membership. The Union agrees not to engage

in campaigning on behalf of an individual running for public elected office and ballot measures

during the NEO, or other topics that would be considered beyond general discussion on the benefits

of Union membership.

III. Data Provisions

Subject to the limitations contained in CA Government Code Section 3558, the City shall provide the

Union with all required information on newly-hired employees to the extent it is made available to

the City. In addition, within ten (10) business days of the conclusion of each NEO, the City agrees to

provide the Union with a stand-alone report containing a list of employees, including classification

code and division, who were scheduled to, but did not attend each NEO.

IV. Hold Harmless

The Union agrees to hold the City harmless for any disputes that arise between the Union and any

new employee over application of this Agreement.

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ATTACHMENT A

Adult Probation

Arts Commission

Asian Art Museum

Airport Commission

Board of Appeals

Board of Supervisors

Office of Economic & Workforce

Development

California Academy of Sciences

Child Support Services

Children, Youth and Their Families

City Attorney’s Office

City Planning Department

Civil Service Commission

Commission on the Status of Women

Department of Building Inspection

Department of Environment

Department of Elections

Department of Homelessness

Department of Human Resources

Department of Police Accountability

Department of Technology

District Attorney’s Office

Ethics Commission

Fine Arts Museum

Fire Department (Non-Sworn)

General Services Agency

Health Service System

Human Rights Commission

Juvenile Probation Department

Library

Mayor’s Office

Office of the Assessor-Recorder

Office of the Controller

Office of the Treasurer/Tax Collector

Port of San Francisco

Public Defender’s Office

Rent Arbitration Board

SF Children and Families Commission

SF Employees’ Retirement System

War Memorial & Performing Arts

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ATTACHMENT B

Airport Municipal Transportation Agency

Department of Emergency Management Public Utilities Commission

Department of Public Health Recreation & Parks Department

San Francisco Public Works Police Department (Non-Sworn)

Human Services Agency

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

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Side Letter of Agreement: SFGH Labor Monitoring Committee

The parties agree to the following changes to the SFGH Committee structure and meeting process.

1. Topics for the SFGH Divisional committee include but are not limited to the following: ratios

(inclusive of breaks, meal and time-off requests); ADOs and written responses from Administration

to the ADOs; new initiatives that relate to quality of care; updates on the new building; pay check

issues; budget updates; health and safety; training; scheduling; tuition reimbursement concerns and

other SFGH labor relations matters that may arise. Grievances and disciplinary actions will not be

discussed. The Committee will not engage in collective bargaining.

2. The Union members of the Committee will have the necessary release time for the meetings built

into each employee’s schedule. Both parties recognize that on rare occasions clinical and

operational circumstances may override the release of one or all union members for that particular

meeting.

3. The Union and SFGH will each appoint a Co-Chair who will work together to prepare an agenda

for each meeting.

4. Agendas will be established in advance and provided to the members of the Labor Monitoring

Committee at least five days prior to the scheduled meeting. Co-Chairs will jointly determine when

items submitted after that timeframe will be on the agenda.

5. SFGH is responsible for the minutes and to email draft minutes to the Union Co-Chair within 72

hours after the meeting. Requested revisions to the minutes will be sent to the Co-Chairs by email

so the minutes may be approved at the next meeting. Copies of the minutes will be forwarded to

the CNO, CEO, and the DPH Director.

6. If the Committee wants a specific subject matter expert to be present to discuss a specific issue,

SFGH will invite that individual to attend.

7. SFGH will add 30 minutes of preparation time for each committee meeting.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

128

Side Letter of Agreement: Voluntary Reduced Work Period for Public Health Nurses

The parties agree to the following:

1. For the employee in Classification 2830 Public Health Nurse who is currently

participating in the Voluntary Reduced Work Period program, SFGH agrees to continue

to “grandfather” the existing employee as follows:

2. The employee listed below may continue to participate in the Voluntary Reduced Work

Period program. Under the terms of the program, the employee may elect to participate

for six (6) month periods in a five percent (5%) basic biweekly salary reduction plan

subject to the approval of the Community Public Health Services Director of Nursing.

By electing this alternate pay plan, the employee shall receive five percent (5%) less

salary on a biweekly basis and, in addition to other vacation, holiday, and sick leave

benefits, shall receive six and one-half (6-1/2) working days off with pay in one six-

month period, provided that if the employee is entitled to be paid for less than forty (40)

hours per week for the six (6) month period, the employee shall receive a pro rata

portion of the six and one-half (6-1/2) days.

Emp#

Last Name

First Name

Class

015413

Grandberry

Patricia

2830

3. If the employee resigns or retires during any six-month period, an adjustment shall be

made in the final pay check for any portion of the six and one-half (6-1/2) days off with

pay received but to which the employee lost entitlement by reason of their resignation.

4. This program will terminate when the employee listed above separates from City

employment.

5. The program described in this Side Letter is subject to the grievance provisions in

Article I.L. Grievance Procedure of the Collective Bargaining Agreement between

SEIU Local 1021 Staff and Per Diem Nurses and the City and County of San Francisco.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

129

Side Letter of Agreement: SFGH Just Culture Process Pilot Program (Pilot Program)

The parties agree that utilizing the “Just Culture” Process may enhance patient care, safety and

outcomes. Therefore, effective February 1, 2017, the parties agree to establish a one-year pilot

program at San Francisco General Hospital utilizing the Just Culture Process in investigating

deviations from standard clinical practices and determining appropriate corrective measures. The

Just Culture Process will not be used for investigating potential employee misconduct, including

allegations of substance abuse, patient abuse, diversion or excessive tardiness or absences.

The Just Culture Process is intended to provide support, coaching and training for identified

employees who need to improve clinical practice.

The Union will provide a shop steward and/or business representative trained in the Just Culture

Process to attend meetings involving the Just Culture Process. Management will also provide a

similarly trained nurse manager or human resources representative to be present at such meetings.

After the one-year Pilot Program ends, the City may extend the Pilot Program in its sole discretion.

The Just Culture Process shall not limit the Department’s right to conduct an administrative

investigation and impose discipline.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

130

SIDE LETTER

CITY AND COUNTY OF SAN FRANCISCO

AND SEIU, LOCAL 1021, STAFF AND PER DIEM NURSES

Re: Side Letter - Creation of an Evening Shift Parking Program

The City and the Union agree to maintain parking program for benefited Permanent Civil Service (PCS)

RNs on the evening shift (3pm-11pm) at ZSFG.

The Department will create thirty (30) monthly parking passes for the MTA-managed garage located at

ZSFG. The Department will make those passes available to up to thirty (30) RNs who are regularly

assigned to an evening shift. The Department will select RNs for the program based on PCS Citywide

seniority, allowing five (5) working days for a qualifying RN to accept or decline participation in the pilot

program.

If a participating RN’s shift changes or the RN otherwise no longer meets to the requirements to

participate in the program, the RN shall return the parking pass to payroll. The Department will reissue

passes returned to the next eligible RN.

Each participating RN will be required to create and maintain an account with the garage vendor in order

to obtain a monthly parking pass. Each participating RN will be billed through the RN’s required vendor

account. The Department will calculate the price for the parking each month using the midpoint between

the 24/7 and night monthly rates in effect at the time of the calculation. In the event of a rate change,

participating RNs will be notified via email from the vendor, and their accounts shall be billed the new

rate thereafter.

For the duration of the program, the following rules apply:

1. Evening shift card access to the parking garage is from 2:30 p.m. until 7:30 a.m.

2. No entry with card before 2:30 p.m. is authorized. If a participating RN enters before 2:30 p.m.,

the RN is required to pull a ticket and pay transient rates for the day.

3. Parking access cards are not transferrable and may not be shared with other persons. Any RN who

allows someone else to use the pass shall be disqualified from further participation.

4. A participant who loses a pass is responsible for the replacement cost.

5. This program is not subject to the grievance procedure.

6. Pending extension or adoption of the program, a participating RN may remain on the existing

ZSFG vendor parking lot waiting lists. If the parties extend or adopt the evening shift parking

program, each participating RN who chooses to continue to participate in that program shall be

removed from other vendor ZSFG parking lot waiting lists.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

131

May 24, 2019

Side Letter of Agreement: ED Staffing

DPH shall assign at least two nurses to Triage at all times, and at no time will DPH assign a Triage nurse

to direct patient care. Only when there are no patients needing triage or requiring waiting room reassessment

may DPH assign a Triage nurse to perform other, time-limited nursing tasks.

DPH shall include in the ED census any triaged patients in the ED waiting room.

A period of “saturation” is defined as a period during which an increase in the number or acuity of patients

in the ED exceed its capacity. The ED Charge Nurse shall document all periods of “saturation” on the CN

Daily Report. The documentation shall include the time(s) that notifications of the “saturation” period were

given to AOD, AIC, the ED Nurse Manager on call, and the ED Director, and shall identify the person(s)

providing such notifications. Such documentation shall also describe efforts taken to maintain required

staffing levels, including all Diversion reporting forms.

DPH shall make reasonable efforts to ensure compliance with the foregoing. This side letter is not subject

to the grievance procedure.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

132

May 24, 2022

Side Letter of Agreement: LHH New Graduate Program

During the term of this Agreement, the Department of Public Health shall make reasonable efforts to hire,

train, and retain at least four (4) newly-graduated, licensed nurses as Permanent Civil Service employees at

Laguna Honda Hospital. Notwithstanding the foregoing, failure to achieve that goal shall not be subject to

the grievance procedure. This provision shall sunset on June 30, 2024. The Department will present its

plan for this program to the Laguna Honda Hospital Labor Management Monitoring Committee (LMMC)

by October 1, 2022 and 2023. The parties will evaluate the program at the Laguna Honda Hospital LMMC

by November 1, 2022 and 2023, and assess whether to extend the program if there are continuing vacancies

and the availability of funding.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

133

May 18, 2022

Side Letter of Agreement: New Graduates

To retain and promote the career development of SEIU Local 1021 represented employees into nursing

classifications covered by this Agreement, employees will be eligible for the 20/20 Program, SEIU

Workforce Initiative Training Program, or other City-sponsored workforce development initiatives.

Employees who earn a RN license or advance practice license required for classifications covered by this

Agreement will be eligible to receive priority in appointment to new graduate training programs for which

they are qualified. The availability of new graduate training programs will be dependent upon the

availability of funding for such programs. Any appointments must be consistent with Civil Service Rules.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

134

May 27, 2022

Side Letter of Agreement: Nurse Staffing and Hiring

A. New Commitments and Dispute Resolution Procedure

1. The Department of Public Health (DPH) will implement the following new commitments:

a. Effective July 1, 2019, the Department will not cancel any PACU nurse on nights or weekends when

ZSFG is on condition yellow.

b. Effective October 5, 2019, DPH will staff Pod A in the ED at all times to provide care at a 1:3 nurse

to patient ratio for all beds.

c. DPH will request conversion of P103 funding to three (3) new 2320 Registered Nurses in Jail Health

Services in its fiscal year 2022-2023 and 2023-2024 budget.

d. DPH shall seek to implement continuous recruitment for hard to fill classifications and specialties.

e. In an effort to hire current P103s and other temporary exempt nurses who are eligible and qualified

for appointment into budgeted, vacant nursing positions, DPH Human Resources shall extend an

open invitation to become benefitted PCS employees.

f. DPH Human Resources shall complete a review of minimum qualifications of 2320 Registered

Nurses and shall share the results with the Union.

g. Effective for fiscal years 2022-2023 and 2023-2024. the Department of Public Health will request

that the 2320/2328 positions listed below be included in the Mayor's balanced budget submission to

the Board of Supervisors. The positions below represent annualized FTEs as the City budget system

requires that new positions appear as 0.79 FTE in the first year budgeted, then annualize to 1.0 FTE

in the second year:

a. DPH will request twenty point six (20.6) 2320 FTEs to staff the Medical/Surgical units

which includes H58 overflow and break relief.

b. DPH will request five point fourteen (5.14) 2320 FTEs to support break relief in Maternal

Child Health. Birth Center.

c. DPH will request one point seven (1.7) 2320 FTEs to supporting staffing the PACU.

d. DPH will request five point fourteen (5.14) 2320 FTEs to support staffing in Inpatient

Psychiatry.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

135

e. DPH will request ten point four (10.4) 2320 FTE in the Emergency Department prioritizing

staffing in Resus based on acuity in accordance with Title 22.

f. DPH will request ten (10) 2320 FTEs at Laguna Honda Hospital.

g. DPH will request to maintain two (2) 2328 FTEs in a float pool for Primary Care.

The staffing requests listed in section A.1 above reflect current staffing expectations at DPH as of

July 1, 2022. Staffing at DPH is the subject of continuing discussions and is regularly adjusted based

on census and regulatory requirements.

h. DPH Human Resources will provide monthly reporting to a designated representative from the

Union on the status of hiring. including vacant and filled positions.

2. Dispute Resolution Procedure.

a. Subject to the terms set forth in this subsection A.2., the parties agree to an expedited arbitration

process to resolve disputes under subsection A.1 of this side letter.

b. The parties shall select an arbitrator, using the process in subsection A.2.c below. The arbitrator

shall schedule standing monthly arbitration dates to hear expedited arbitrations under this subsection

A. The parties may set additional or more frequent dates as necessary, by mutual agreement.

c. By no later than July 29, 2022, the parties will discuss and seek to select an arbitrator by mutual

agreement, to serve for the term of this side letter. If the parties are unable to agree on an arbitrator

by August 26, 2022, the parties shall request a list of seven (7) arbitrators with experience in the

health care industry from the State Mediation and Conciliation Service. The parties shall survey the

arbitrators on the list to determine whether they are able and willing to serve in an ongoing capacity

for a standing expedited arbitration process, and then select an arbitrator from those who indicate

they are available for this process by the method of striking names.

d. Grievances under this subsection A.2 may only allege violation of the terms of subsection A.1. of

this side letter.

e. The parties shall not be represented by lawyers at the expedited arbitrations, or use briefs.

f. The arbitrator will issue a bench decision, which upon request by the parties will be reduced to

writing. These decisions will be final and binding, and shall not be used in any other cases

B. Changes to the Hiring and Staffing Process

1. DPH will prioritize assignment of float pool patient care assistants to serve as patient coaches.

C. Other terms.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

136

1. This side letter is not subject to the grievance procedure in the MOU or to the staffing dispute

resolution procedure in Article V of the MOU. The dispute resolution procedure in section A.2 is

the exclusive remedy for claimed violations of section A.1.

2. This side letter shall expire on June 30, 2024.

Side Letter Agreement to SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

137

Side Letter Agreement – DHR Hiring Proposals

The parties are entering into this side letter to identify and set in motion, to the extent permissible under the

San Francisco City Charter and Civil Service Rules, expedited selection processes to address the City’s

current vacancies in permanent civil service positions and reliance on P103s and other categories of

temporary exempt employees. Given the significant number of vacancies, expected retirements, and

reliance on overtime and temporary employees, the parties recognize the urgency to make changes to the

City’s hiring processes in order to best deliver critical nursing services to the public.

First, the Department of Human Resources is committed to using existing tools and resources to streamline

City hiring processes, including:

• eliminating unnecessary administrative approvals for a position request to fill (RTF);

• expanding the use of online on-demand exams and continuous class-based testing;

• modifying or adopting new screening and assessment tools to evaluate applicants for entry-level and

promotional exams; and

• streamlining hiring selection and approval processes to deliver qualified candidates to departments

more quickly.

Second, the parties recognize the Civil Service Commission has the legal authority to establish examination

and appointment rules, and many of those rules must either be amended, updated or rescinded to provide a

merit-based system that better serves applicants, City employees and departments.

To that end, the DHR Director may seek appropriate Civil Service Rule amendments, to the extent,

necessary to allow the City to fill vacant permanent positions more rapidly, including amendments that will

make it easier for external P103s and other temporary employees to seek Permanent Civil Service (PCS)

appointments, which may include expedited and/or priority consideration.

The City and the Union agree to meet within thirty (30) days of ratification of this Agreement to discuss

making joint proposals to the Civil Service Commission requesting the Civil Service Rule changes

described above.

Nothing in this side letter shall prevent either party from proposing rule changes, making recommendations,

or taking other actions at the Civil Service Commission outside of the process set forth in this side letter to

streamline City hiring processes

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

138

INFORMATION ITEMS

The following items are attached for information only and are not a part of the foregoing M.O.U.

Civil Service Rule 120, Leaves of Absence

Public Health Nurse Flex-Time Policy Criteria for Reassignment of Public Health Nurses

Jane Doe Stipulation

Handling of HIV+ Claims

City Attorney Letter/Jane Doe

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

139

BEFORE THE WORKERS' COMPENSATION APPEALS

BOARD

OF THE STATE OF CALIFORNIA

JANE DOE #71013, ) Case No. SF0 0335097

)

APPLICANT ) STIPULATION AND

vs. ) PROTECTIVE ORDER

)

CITY AND COUNTY OF SAN FRANCISCO,)

)

DEFENDANT. )

________________________________ )

THE PARTIES herein agree to the issuance of a Protective Order in

accordance with the following stipulation:

1. Applicant's name, address and Social Security number

shall be disclosed with reference to Case No. SFO 0335097 only as necessary to and

between:

a. Deputy City Attorney Dan Maguire.

b. Brian Narlock, Claims Manager.

c. The parties acknowledge that the City Attorney

and the General Manager of the Retirement System, as the heads of their respective

departments, have ultimate responsibility for the management of all workers

compensation claims against the City. The City Attorney and the General Manager of

the Retirement System agree that in the normal course of events they can properly

manage this claim with a pseudonym and without knowing the true identity of Jane

Doe.

However, the City Attorney and the General Manager of the

Retirement System may have access to the true identity of Jane Doe if:

i. there is a good faith question as to whether benefits are

being improperly sought or paid, and

ii. the identity of Jane Doe is needed to assess whether

benefits are being improperly sought or paid.

If the above conditions are met the City will give applicant's counsel

notice within 48 hours that the identity of Jane Doe has been provided to the City

Attorney and/or the General Manager of the Retirement System.

d. The treating physicians and agreed medical

experts.

e. City or State auditor inquiries will be scheduled

for conference with the WCAB prior to any disclosure.

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

140

f. The issue of Applicant's identity regarding any

request to join additional defendants will be reserved for further conference and further

WCAB Order.

g. Applicant recognizes that there may be

personnel changes for defendant and applicant will not unreasonably withhold

permission to substitute new personnel in stipulation #1 (a) and #1(b) to handle this

claim. Defendant will notify applicant of any personnel changes and no penalties will

accrue during applicant's delay in granting substitute personnel.

2. That portion of the claim file containing Applicant's true

name and all identifying information shall be maintained under lock in the office of the

Deputy City Attorney in charge of workers compensation cases and the office of the

claims manager at the Workers Compensation Division of the Retirement System. No

person other than those named in Stipulation #1 above shall have access to that file.

Applicant's attorney shall deliver all mail in this case to the personnel and confidential

attention of the Deputy City Attorney or Brian Narlock, Claims Manager.

3. Defendant shall administer Case No. SFO 0335097 using

the pseudonym "Jane Doe", and all future disability payments and medical-legal

examination/reports referencing Case No. SFO 0335097 shall refer to Applicant only

as "Jane Doe". Defendants shall have the right to have the reporting physicians link

the "Jane Doe" reports to applicant's true identity in writings which are not filed with

the WCAB.

4. Applicant shall designate a Trustee for purposes of

payments of disability benefits, to whom the Defendant shall make all payments due

the Applicant. Once the Defendant makes a payment to the Trustee, applicant shall

look solely to the trustee for these periodic payments and Defendant is fully discharged

and released with respect to such payments.

5. Applicant shall execute authorizations for release to

Defendant of all medical and employment records which may lead to the discovery of

admissible evidence.

6. Defendant shall have the authority to subpoena records

using applicant's true identity referencing a WCAB case which applicant will file as

soon as possible alleging a "Hand laceration".

7. Applicant shall be responsible to assure that all requests

for medical reimbursement reference WCAB Case No. SFO 0335097. Applicant and

Defendant shall be independently responsible for transmitting any special billing

instructions to vendors. Applicant will notify defendant in advance of any change in

treating physicians. Defendant shall have the right to have vendors submit

supplemental reports using Applicant's true identity to explain any medical billings.

8. Defendant shall not reference WCAB Case No. SFO

0335097 nor otherwise disclose Applicant's HIV+ antibody status in the subpoena or

discovery process.

9. The parties shall make a good faith effort to submit all

medical and timeloss issues to an acknowledged AIDS expert as an Agreed Medical

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

141

Examiner, said expert shall be accorded full access to whatever records he or she deems

necessary.

10. Applicant recognizes her obligation to cooperate with the

City's investigation of this claim. Applicant will allow herself to be interviewed by

Dan Maguire and will answer written interrogatories. The issue of whether it is

necessary for Jane Doe to appear before a court reporter for deposition will be reserved

for further conference and further WCAB order.

WHEREFORE, the parties request an Order in accordance with the

foregoing Stipulation. This order shall seal this Stipulation and any other portion of

WCAB file number SFO 0335097 which identifies or tends to identify the applicant.

_________________________________ ________________________

Dan Maguire, Deputy City Attorney Patricia L. Hastings

Attorney for Defendant Attorney for Applicant

IT IS SO ORDERED:

June , 1989 ________________________

ALFRED C. WILLIANS, Judge

WORKERS' COMPENSATION

APPEALS BOARD

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

142

STATEMENT RE: Handling of HIV+ CLAIMS

The City Attorney and General Manager of the Retirement System state categorically that in all workers

compensation cases, confidentiality will be assured as required by law.

To assure confidentiality with respect to HIV+ claims, we will employ the "Jane Doe" procedure in any

"Jane Doe" case arising within the next 12 months.

Thereafter, should the "Jane Doe" procedure be unworkable, alternative procedures would be discussed in

advance with affected parties.

The union understands that in stating the above, the City Attorney has the sole responsibility under the

Charter for handling all administrative and court proceedings. Similarly, the General Manager of the

Retirement System and City Attorney have exclusive authority over workers' compensation claims handling

procedures. None of the above shall be deemed to affect any authority conferred by the Charter, nor be

subject to arbitration.

____________________________________

CLAIRE MURPHY

General Manager of Retirement System

_/s/________________________________

LOUISE H. RENNE

City Attorney

SEIU LOCAL 1021 (STAFF NURSE & PER DIEM)

Memorandum of Understanding

July 1, 2022 – June 30, 2024

143

CITY AND COUNTY OF SAN FRANCISCO OFFICE OF CITY ATTORNEY

Louise H. Renne,

City Attorney

June 26, 1989

Paul Varacalli

240 Gold Gate Avenue

San Francisco, CA 94102

Dear Paul:

You have asked about the meaning of the term "unworkable" in paragraph (3) of my

statement regarding the handling of HIV+ claim (Statement). As we have discussed, the "Jane Doe"

procedure is now untried. Therefore, many issues may arise, some of which cannot be anticipated, which

would make aspects of the procedure unworkable as presently written. Potential issues could include: an

unexpected number of claims affecting the City's ability to process claims appropriately, or, from the

standpoint of the claimants, delays and confidentiality concerns arising from discovery procedures. The

term "unworkable" does not extend to mere administrative convenience.

We have every desire to make this procedure work. As you know, our concern in making

our Statement has been to make clear that the matters discussed in the Statement are not subject to meet and

confer, or to arbitration. However, the confidentiality concern we address here is of such great concern to

nurses--who play a critical role in the fight against AIDS--that we felt it necessary to outline our procedures

for handling HIV+ claims to alleviate any concern.

Very truly yours,

LOUISE H. RENNE

City Attorney

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.1 (Issued 1/16/07)

CIVIL SERVICE COMMISSION RULE 120 – LEAVES OF ABSENCE

(FOR INFORMATIONAL PURPOSES ONLY)

Rule 120

Leaves of Absence

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Article I: Leaves of Absence - General Requirements

Article II: Sick Leave - General Provisions

Article III: Sick Leave With Pay

Article IV: Sick Leave Without Pay

Article V: Compulsory Sick Leave

Article VI: Disability Leave

Article VII: Military, War Effort and Sea Duty Leaves

Article VIII: Unpaid Administrative Leave or Furlough

Article IX: Other Leaves of Absence

Article X: Appeal Procedures

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.2 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article I: Leaves of Absence - General Requirements

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.1 Leaves of Absence - General Requirements

120.1.1 Leaves of absence, hereinafter referred to in this Rule as "leave," shall be

governed by the provisions of this Rule. For the purpose of this Rule,

"appointing officer" shall mean all elected officials; all department heads

designated by the Charter as appointing officers; and all Boards and

Commissions when officiating as appointing officers.

120.1.2 Requests for leave shall be subject to the approval of the appointing officer

or designee. The decision of the appointing officer or designee is final

unless provision for appeal is specifically granted in this Rule. Such

requests for appeal shall be processed in accordance with the appeal

procedure provided in this Rule. Requests for military, maternity, or

witness or jury duty leave shall be granted as provided herein.

120.1.3 Except for vacation leave, witness or jury duty leave, compulsory sick

leave, disability leave or unpaid administrative leave, an employee

requesting a leave for more than five (5) working days shall submit such

request to the appointing officer or designee on the form prescribed by the

Human Resources Director. Requests for sick leave in excess of five (5)

continuous working days shall be certified by a licensed medical doctor,

doctor of dental surgery, doctor of podiatric medicine, licensed clinical

psychologist, Christian Science Practitioner or licensed doctor of

chiropractic. Verification of sick leave with pay for less than five (5)

working days (seven (7) calendar days in the case of part-time employees)

as provided elsewhere in this Rule shall be required on an individual basis

only and shall be based upon an evaluation of the individual attendance

record of an employee. For employees taking sick leave pursuant to

Administrative Code Chapter 12W, the City may take reasonable measures

to verify or document that an employee’s use of sick leave is taken in

accordance with Administrative Code Chapter 12W.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.3 (Issued 1/16/07)

Sec. 120.1 Leaves of Absence - General Requirements (cont.)

120.1.4 The Human Resources Director may direct that leave requests be retained

in the department and maintained in a manner so as to be readily available

for audit, review or analysis by Department of Human Resources and Office

of Labor Standards Enforcement staff.

120.1.5 Except as otherwise provided in these Rules, leave granted for the period

stated on the prescribed form may be extended or abridged only with the

approval of the appointing officer or designee. An employee who does not

return to work on the approved date shall be deemed as away without

official leave and shall be subject to automatic resignation as provided

elsewhere in these Rules.

120.1.6 Except when an employee requesting sick leave has accumulated unused

sick leave with pay credits and except for employees eligible for military

leave with pay, witness or jury duty leave, disability leave or leave due to

battery as provided elsewhere in this Rule, or for authorized holiday or

vacation, leaves shall be without pay.

120.1.7 Refer to the Probationary Period Rule on leave during the probationary

period.

120.1.8 Exempt employees shall be granted paid sick leave pursuant to

Administrative Code Chapter 12W provisions and may be granted leaves in

accordance with the provisions of this Rule. The decision of the appointing

officer shall be final and not subject to appeal.

120.1.9 An appointee shall not be required to sign a resignation form as a condition

of approval of a leave.

120.1.10 Leaves granted under this Rule shall be indicated on timerolls as designated

by the Controller.

120.1.11 An authorized leave granted under this Rule shall not be considered as a

break in the continuous service of an employee.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.4 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article II: Sick Leave - General Provisions

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.2 Eligibility for Sick Leave

Subject to the provisions of this Rule, employees and officers (hereinafter

called "employees") who are absent from their duties because of illness or

disability are eligible for sick leave.

Sec. 120.3 Sick Leave - Exclusions from Eligibility

This Rule shall not apply to certificated employees of the School Districts,

employees under personal services contracts, elective officers, and

members of Boards and Commissions.

Sec. 120.4 Verification of Sick Leave

120.4.1 The appointing officer or designee to whom application for sick leave is

made may make such independent investigation as to the necessity for sick

leave as is deemed proper and may require certification for any period of

sick leave, provided that the employee has been previously notified in

writing that such certification for absence of less than five (5) working days

shall be required. For employees taking sick leave pursuant to

Administrative Code Chapter 12W, the City may take reasonable measures

to verify or document that an employee’s use of sick leave is taken in

accordance with Administrative Code Chapter 12W.

120.4.2 The Human Resources Director may at any time make such independent

investigation as may be deemed proper regarding the illness of any person

on sick leave.

Sec. 120.5 Retirement Automatically Terminates Sick Leave

Sick leave shall automatically terminate on the effective date of an

employee's retirement.

Sec. 120.6 Abridgment of Sick Leave

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.5 (Issued 1/16/07)

Sick leaves granted in excess of five (5) working days may be abridged if

the employee presents to the appointing officer or designee medical

evidence of capability to resume all the duties of the position.

Sec. 120.7 Definition of Sick Leave

A leave granted under this Rule for one of the following reasons shall be

known as "sick leave":

120.7.1 Sick Leave - Medical Reasons

Absence because of illness, including alcoholism, or injury other than

illness or injury arising out of and in the course of City and County

employment; absence due to illness or injury arising out of and in the course

of employment is administered either under the Rules of the Retirement

Board and is referred to as "disability leave" and may be supplemented as

provided elsewhere in this Rule or under the provisions of this Rule and the

Administrative Code for those employees injured by battery ("leave due to

battery"); and absence because of medical or dental appointments.

120.7.2 Sick Leave - Quarantine

Absence during a period of quarantine established and declared by the

Department of Public Health or other authority.

120.7.3 Sick Leave - Bereavement

Absence because of the death of the employee's spouse or domestic partner,

parents, step parents, grandparents, parents-in-law or parents of a domestic

partner, sibling, child, step child, adopted child, a child for whom the

employee has parenting responsibilities, aunt or uncle, legal guardian, or

any person who is permanently residing in the household of the employee.

Such leave shall not exceed three (3) working days and shall be taken within

thirty (30) calendar days after the date of death; however, two (2) additional

working days shall be granted in conjunction with the bereavement leave if

travel outside the State of California is required as a result of the death.

Sec. 120.7 Definition of Sick Leave (cont.)

120.7.3 Sick Leave - Bereavement (cont.)

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.6 (Issued 1/16/07)

For absence because of the death of any other person to whom the employee

may be reasonably deemed to owe respect; leave shall be for not more than

one (1) working day; however, two (2) additional working days shall be

granted if travel outside the State of California is required as a result of the

person's death.

120.7.4 Sick Leave - Maternity

Absence due to the employee's pregnancy or convalescent period following

childbirth. Such leave shall not exceed six (6) months provided that such

leave may be extended for permanent employees if a physician certifies that

a longer convalescence period is required. Such extensions shall be subject

to the provisions of this Rule governing sick leave without pay.

120.7.5 Sick Leave - Parental Leave

Absence due to the birth of a child to the employee, the employee’s spouse,

or the employee’s domestic partner or assumption by the employee of

parenting or child rearing responsibilities either by adoption or foster care.

120.7.6 Sick Leave - Illness or Medical Appointment of Child, Parent, Spouse

or Registered Domestic Partner

Absence because of the illness, injury, or medical or dental appointment of

a biological or adoptive child, or child for whom the employee has parenting

or child rearing responsibilities. Absence because of illness, injury or

medical appointments of the employee’s parent, spouse or registered

domestic partner.

120.7.7 Sick Leave Pursuant to Administrative Code Chapter 12W

1) Absence due to the illness, injury, medical care, treatment, diagnosis

or medical appointment of the employee; employee’s child; parent; legal

guardian or ward; sibling; grandparent; grandchild; and spouse, registered

domestic partner under any state law, or “designated person.”

120.7.7 Sick Leave Pursuant to Administrative Code Chapter 12W (cont.)

The aforementioned child, parent, sibling, grandparent, and grandchild

relationships include not only biological relationships but also relationships

resulting from adoption; step-relationships; and foster care relationships.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.7 (Issued 1/16/07)

“Child” includes a child of a domestic partner and a child of a person

standing in loco parentis.

2) For the purpose of this section, the definition of “designated person” is:

one person designated by an employee who has no spouse or registered

domestic partner, as the person for whom the employee may use paid

sick leave to aid or care for under this section. The opportunity to make

such a designation shall be extended to the employee no later that the

date on which the employee has worked thirty (30) hours after paid sick

leave begins to accrue. There shall be a window of ten (10) business

days for the employee to make this designation. Thereafter, the

opportunity to make such a designation, including the opportunity to

change such a designation previously made, shall be extended to the

employee on an annual basis, with a window of ten (10) business days

for the employee to make the designation.

120.7.8 Sick Leave - Compulsory

Leave imposed by an appointing officer due to an employee's medical

inability or incapacity to perform all the duties of the position as provided

elsewhere in this Rule.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.8 (Issued 8/6/07)

Rule 120

Leaves of Absence

Article III: Sick Leave with Pay

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.8 Sick Leave with Pay Eligibility

120.8.1 Sick leave with pay may be granted to employees who have earned sick

leave with pay credits and who have served a total of six (6) continuous

months of regularly scheduled paid service except that supplemental

disability credits may be used to supplement disability indemnity payments

as provided elsewhere in this Rule regardless of length of service and except

that an authorized leave of absence with or without pay granted under this

Rule shall not be considered as a break in the continuous service of an

employee.

120.8.2 A break in service of more than six (6) continuous months by any employee

other than an employee designated as a "holdover" will cause prior

accumulated sick leave with pay credits to be canceled and eligibility for

sick leave with pay must be re-established.

120.8.3 Sick leave with pay credits will continue to accrue at the normal rate while

an employee is on either furlough or voluntary unpaid time off in

accordance with this Rule, for a maximum of up to ten (10) days per fiscal

year for imposed furlough or twenty (20) days per fiscal year for voluntary

unpaid time off

Sec. 120.9 Sick Leave with Pay Eligibility Pursuant to Administrative Code

Chapter 12W Applicable to Employees Not Otherwise Qualified for

Sick Leave

120.9.1 For employees who begin paid status after February 5, 2007, sick leave with

pay may be granted to said employees, who have earned sick leave with pay

credits under this section, ninety (90) days following their first day in paid

status.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.9 (Issued 8/6/07)

Sec. 120.9 Sick Leave with Pay Eligibility Pursuant to Administrative Code

Chapter 12W Applicable to Employees Not Otherwise Qualified for

Sick Leave (cont.)

120.9.2 Employees hired on or before February 5, 2007, shall immediately be

eligible to accrue and use sick leave with pay credits under this section.

120.9.3 A complete separation in service other than an employee designated as a

“holdover” will cause prior accumulated sick leave with pay credits to be

cancelled and eligibility for sick leave with pay must be re-established.

120.9.4 Employees rehired within one (1) year following a separation will not be

subject to the ninety (90) calendar day eligibility period. However, no

reinstatement of previously accrued sick leave hours will be credited.

Sec. 120.10 Sick Leave with Pay - Maximum Accumulation of Credits

120.10.1 Sick Leave with Pay – Maximum Accumulation of Credits

Sick leave with pay credits shall be cumulative but the accumulated balance

of unused sick leave with pay credits for other employees, the hourly

equivalent of 130 working days based on the regular daily work schedule as

defined, provided that in no case may the total accumulated unused sick

leave with pay credit balance exceed l040 hours. Maximum accumulated

sick leave with pay credits shall be reduced proportionately for employees

entering a class or position where the regular work schedule is less than the

class exiting if such employees have accumulated unused sick leave with

pay credits in excess of the maximum allowable for the new class or

position. Such employees shall have all such credits restored upon return

to a class or position with an increased regular work schedule.

120.10.2 Maximum Accumulation of Credits Pursuant to Administrative Code

Chapter 12W

Sick leave with pay credits shall be cumulative but the accumulated balance

of unused sick leave with pay credits shall not exceed seventy- two (72)

hours.

Sec. 120.11 Sick Leave with Pay - Restrictions

120.11.1 Sick leave with pay is a privilege recognized by Charter and by Ordinance

of the Board of Supervisors and should be requested and granted only in

cases of absence because of illness which incapacitates the employee for the

performance of duties or as otherwise defined in this Rule.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.10 (Issued 8/6/07)

Sec. 120.11 Sick Leave with Pay – Restrictions (cont.)

120.11.2 An appointing officer or designee may require proof of incapacitation

before granting sick leave with pay for any period of time and may withhold

pay for failure to submit such proof provided that the employee had been

previously notified in writing that such proof would be required for

absences of less than five (5) working days.

120.11.3 The rate of earning and accumulating sick leave with pay credits and

authorization for its use under this Rule shall in no way inhibit or restrict

the right of an appointing officer to establish standards of attendance.

Sec. 120.12 Prohibition Against Employment While on Sick Leave with Pay

120.12.1 Employees are prohibited from working in any other employment while on

sick leave with pay unless, after considering the medical reason for the sick

leave with pay, the appointing officer with the approval of the Human

Resources Director, grants permission for the employee to engage in a

secondary employment subject to the provisions of these Rules governing

such employment.

120.12.2 Violators of this section are subject to disciplinary action as provided in the

Charter.

Sec. 120.13 Calculation of Sick Leave with Pay Credits

120.13.1 Unless otherwise provided in this Rule or by ordinance, sick leave with pay

credits shall be earned at the rate of .05 hours for each hour of regularly

scheduled paid service excluding, overtime exceeding forty (40) hours per

week and holiday pay, except that an employee on disability leave shall earn

sick leave with pay credits at the normal rate.

120.13.2 Sick leave with pay credits earned pursuant to Administrative Code Chapter

12W shall accrue at the rate of 1 hour for every thirty (30) hours worked.

120.13.3 When provided in a Memorandum of Understanding, Class 2320 Registered

Nurses who are regularly scheduled to work two (2) twelve (12) hour shifts

every weekend in the pilot project shall earn sick leave with pay credits at

the rate of .075 hours for each hour of regularly scheduled paid service

actually worked during her/his regularly scheduled twelve hour shifts. This

Rule shall apply only to those 2320 Registered Nurses who are regularly

scheduled to work two 12 hour shifts on weekends in the San Francisco

General Hospital Pilot Project.

Sec. 120.14 Disbursement of Sick Leave with Pay Credits

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.11 (Issued 8/6/07)

120.14.1 Sick leave with pay credits shall be used and deducted at the minimum rate

in units of one hour for those employees whose credits are calculated in

hours.

120.14.2 When provided in a Memorandum of Understanding, Class 2320 Registered

Nurses who are regularly scheduled to work two (2) twelve (12) hour shifts

every weekend in the pilot project, and who use sick leave during any

portion of such shifts, shall be entitled to use and deduct sick leave with pay

credits at the rate of 1.5 hours for each hour of such sick leave, e.g., sick

leave for four (4) hours of a shift = six (6) hours sick leave with pay. The

benefits of this Rule shall be available only to a 2320 Registered Nurse who

is regularly scheduled to work two (2) twelve (12) hour shifts on weekends

in the San Francisco General Hospital Pilot Project, and who is required to

use sick leave during some of all of her/his regularly scheduled twelve (12)

hour shifts on weekends during the pilot project.

Sec. 120.15 Conversion of Sick Leave with Pay Credits from Days to Hours

Sick leave with pay credit balances shall be converted from days to hours

based on the equivalent number of hours in such employee's sick leave with

pay credit balances. The equivalent number of hours shall be based on the

employee's authorized normal daily work schedule in effect on the effective

date of this amended Rule, except if the Human Resources Director

determines that such conversion is inequitable and allows another formula

to be used.

Sec. 120.16 Employees Injured by Battery

120.16.1 An employee absent because of bodily injury or illness received in the

course of employment and caused by an act of criminal violence shall be

entitled to sick leave with pay under the provisions of the Administrative

Code.

120.16.2 Sick leave with pay under this section shall be known as "leave due to

battery" and shall be subject to approval by the Human Resources Director.

The Human Resources Director shall make such investigation as is deemed

appropriate and may include medical examinations by a physician(s)

designated by the Human Resources Director.

120.16.3 The decision of the Human Resources Director may be appealed to the

Commission whose decision is final.

120.16.4 Authorized sick leave under this section shall not be charged against earned

sick leave with pay credits.

Sec. 120.17 Appeal of Denial of Sick Leave with Pay

Denial of sick leave with pay to an appointee who is eligible and qualified

for such leave is appealable as provided elsewhere in this Rule.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.12 (Issued 8/6/07)

Sec. 120.18 Reimbursement of Vested and Unused Accumulated Sick Leave with

Pay Credits Balance

120.18.1 An employee who had accumulated unused sick leave with pay credits and

who had completed the service requirement on or before December 5,

1978, shall upon the effective date of retirement for service or disability, or

upon the date of death, or upon the date of separation caused by industrial

accident, be reimbursed for the accumulated unused sick leave with pay

credit balance which had been earned on or before December 5, l978, and

not subsequently used ("vested and unused accumulated sick leave with pay

credits") in accordance with the following schedule of service requirements

and allowances.

Schedule of Service Requirements and Allowances for

Reimbursement of Vested and Unused Accumulated Sick Leave with

Pay Credit Balance at the Time of Retirement, Separation Because

of Accident or Death

Service Requirement Amount of Cash

Reimbursement

15 or more years of service 100%

More than 5 continuous

years but less than 15

continuous years of service

50%

Up to and including 5

continuous years of service

33.3%

120.18.2 Reimbursement for the vested and unused accumulated sick leave with pay

credit balance shall be further subject to the following:

1) The Human Resources Director shall administer the provisions of this

section.

2) Deduction shall be made from the unused accumulated sick leave with

pay credit balance which existed on December 5, l978, in an amount

proportional to any credits used of that balance. Reimbursement shall be

made only for the adjusted amount with all credits from the December 5,

l978, balance subsequently used being deducted.

Sec. 120.18 Reimbursement of Vested and Unused Accumulated Sick Leave with

Pay Credits Balance (cont.)

120.18.2 (cont.)

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.13 (Issued 8/6/07)

3) Reimbursement for the vested and unused accumulated sick leave with

pay credit balance shall be payable at the time of retirement, separation

caused by industrial accident or death, or at a later date when so selected by

the employee, but within one (1) year of such retirement, separation or

death.

4) Reimbursement is to be computed at the base rate of pay of an

employee's permanent class, at the base rate of pay of the class of a

temporary or provisional employee with no permanent status, or at the base

rate of pay in a temporary or provisional appointment of an employee with

permanent status in another class who has held such temporary or

provisional appointment continuously for one (1) or more years at the time

of separation.

5) No reimbursement shall be made for unused sick leave with pay credits

earned on or after December 6, l978.

6) The enactment of this section is not intended to constitute additional

compensation, nor be a part of the rate of pay of the employee, but is

reimbursement for the vested and unused accumulated sick leave with pay

credit balance to which an employee would have been entitled if the

employee had not retired, separated due to industrial injury or died.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.14 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article IV: Sick Leave without Pay

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.19 Sick Leave without Pay - Eligibility

Subject to the provisions of this section, sick leave without pay may be

granted to employees who are not eligible for sick leave with pay or, subject

to the approval of the appointing officer or designee, employees may choose

not to use their sick leave with pay credits.

Sec. 120.20 Sick Leave without Pay - Temporary and Provisional Employees

Sick leave without pay may be granted to temporary or provisional

employees. Such leave shall be renewed monthly and shall not be extended

beyond three (3) calendar months except for sick leave - maternity.

Sec. 120.21 Sick Leave without Pay - Permanent Employees

120.21.1 Sick leave without pay may be approved for permanent employees for the

period of the illness provided that requests for prolonged leave shall be

renewed every three (3) months and provided further that such leave shall

not be extended beyond a period of one (1) continuous year unless the

physician designated by the Human Resources Director advises that there is

a reasonable probability that the employee will be able to return to

employment.

120.21.2 If the physician designated by the Human Resources Director determines

that there is no reasonable probability that the employee will be able to

return to duty, the appointing officer shall have good cause for discharge.

120.21.3 The physician designated by the Human Resources Director may defer

certification of capability for additional periods of three (3)-month intervals

up to one (1) additional year.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.15 (Issued 1/16/07)

Sec. 120.22 Prohibition Against Employment While on Sick Leave Without Pay

120.22.1 Employees are prohibited from working in any other employment when on

sick leave without pay unless, after considering the medical reason for the

sick leave without pay, the appointing officer with the approval of the

Human Resources Director, grants permission for the employee to engage

in outside employment.

120.22.2 Violators of this section are subject to disciplinary action.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.16 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article V: Compulsory Sick Leave

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.23 Compulsory Sick Leave

120.23.1 An appointing officer or designee who has reason to believe that an

employee is not medically or physically competent to perform assigned

duties, and if allowed to continue in employment or return from leave may

represent a risk to co-workers, the public and the employee, may require the

employee to present a medical report from a physician designated by the

Human Resources Director certifying the employee's medical or physical

competency to perform the required duties.

120.23.2 If the employee refuses to obtain such physician's certificate or if as a result

of a medical evaluation, the employee is found not to be medically or

physically competent, the appointing officer or designee may place the

employee on compulsory sick leave and shall immediately report such

action to the Human Resources Director.

120.23.3 An employee shall remain on compulsory sick leave until such time as the

employee is found to be competent to return to duty by a physician

designated by the Human Resources Director, but such leave shall not

exceed the maximum period of sick leave provided in this Rule.

120.23.4 The employee placed on sick leave under the provisions of this section may

appeal as provided under the appeal provisions of the Medical Examination

Rule.

120.23.5 An employee placed on compulsory sick leave is ineligible for employment

with the City and County and shall be placed under waiver on all lists on

which the employee's name appears and shall otherwise be unemployable.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.17 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article VI: Disability Leave

Applicability: The provisions of Rule 120 apply to all officers and employees except for the Uniformed

Ranks of the Police and Fire Departments or MTA Service-Critical Classes; or as noted or

as specifically excluded, or except as may be superceded by a collective bargaining

agreement for those employees subject to Charter Section A8.409. However, all definitions

in this Rule are applicable to employees in all classes; excluding only the Uniformed Ranks

of the Police and Fire Departments and the MTA Service-Critical Classes as covered in

Volumes II, III and IV.

Sec. 120.24 Disability Leave

120.24.1 Absence due to illness or injury arising out of and in the course of

employment is defined as "disability leave" and is administered under the

State Workers' Compensation Laws and the Rules of the Retirement Board.

120.24.2 An employee who is absent because of disability leave and who is receiving

disability indemnity payments may request, by submitting a signed option

statement to the employee's department no later than ninety (90) days

following the employee's release from disability leave, that the amount of

disability indemnity payment be supplemented with salary to be charged

against the employee's supplemental disability credits so as to equal the full

salary the employee would have earned for the regular work schedule. The

regular work schedule shall be that schedule in effect at the commencement

of the disability leave.

120.24.3 Supplemental disability credits shall be an account separate from, but

equivalent to, the employee's accumulated unused sick leave with pay credit

balance except that the supplemental disability credit account shall be

adjusted as provided below.

120.24.4 Failure to exercise the option to supplement disability indemnity payments

within ninety (90) calendar days following release from disability leave will

preclude later requests.

120.24.5 Supplemental disability credits shall be used at the minimum rate in units

of one (1) hour.

120.24.6 The employee's department shall submit separate timerolls to reflect this

action only after the Retirement System certifies the amount of disability

indemnity payment, if any, for the period.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.18 (Issued 1/16/07)

Sec. 120.24 Disability Leave (cont.)

120.24.7 Salary may be paid on regular timerolls and charged against the unused sick

leave with pay credit balance during any period prior to the commencement

of the determination of eligibility for disability indemnity payment without

requiring a signed option by the employee.

120.24.8 When an employee has used sick leave with pay credits and the Retirement

System subsequently determines that the employee was entitled to disability

indemnity payment for the period of absence, provision shall be made for

adjusting the employee's sick leave with pay credit balance and for

reimbursing the appropriate City fund for the amount of sick leave with pay

credits charged and paid.

120.24.9 An employee who uses supplemental disability credits to supplement

disability indemnity payments shall, while on disability leave, earn

supplemental disability credits at the same rate as sick leave with pay

credits.

120.24.10 Upon return to duty, an employee who has used supplemental disability

credits shall earn sick leave with pay credits at the normal rate and shall

earn supplemental disability credits at twice the rate that sick leave with pay

credits are earned until such time as the total hours of supplemental

disability credits used are regained.

120.24.11 Should an employee suffer a recurrence or a new injury before all

supplemental disability credits are regained, the supplemental disability

credit balance shall be that balance existing at the beginning of the pay

period in which the recurrence or new injury occurs and shall be adjusted

for the amount of supplemental disability credits subsequently earned and

sick leave with pay credits subsequently used.

Sec. 120.25 Use of Sick Leave with Pay Credits to Supplement State Disability

Insurance

120.25.1 Sick leave with pay credits shall be used to supplement State Disability

Insurance (SDI) at the minimum rate in units of one (1) hour.

120.25.2 SDI payments to an employee who qualifies and who has accumulated and

is eligible to use sick leave with pay credits shall be supplemented with sick

leave with pay credits so that the total of SDI and sick leave with pay

calculated in units of one (1) hour provides up to, but does not exceed, the

regular gross salary the employee would have received for the normal work

schedule excluding overtime.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.19 (Issued 1/16/07)

Sec. 120.25 Use of Sick Leave with Pay Credits to Supplement State Disability

Insurance (cont.)

120.25.3 An employee who wishes not to supplement, or who wishes to supplement

with compensatory time or vacation, must submit a written request on a

form prescribed by the Human Resources Director to the appointing officer

or designee within seven (7) calendar days following the first (1

) date of

absence.

120.25.4 Employees who are supplementing SDI earn sick leave with pay credits at

the normal rate only for those hours of sick leave with pay credits used.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.20 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article VII: Military, War Effort and Sea Duty Leaves

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.26 Military Leave

120.26.1 Military leave is governed by the provisions of applicable Federal and State

laws, by Charter provision and by this Rule.

120.26.2 Time of War - Definition

The phrase "time of war" is defined elsewhere in these Rules.

120.26.3 Military Leave - Time of War

Leaves of absence shall be granted to officers and employees for service in

the armed forces of the United States or the State of California or for service

on ships operated by or for the United States government in time of war and

for a period not to exceed three (3) months after the conclusion of such

service, but not later than one (1) year after the cessation of hostilities,

except in case of disability incurred while in active service with the armed

forces or the merchant marines when such disability shall extend beyond

such period.

120.26.4 Military Leave - Time of Peace

Whenever any officer or employee shall, by order of the government of the

United States or by lawful order of any of its departments or officers, or by

lawful order of the State of California, or any of its departments or officers,

be directed in time of peace to report and serve in the armed forces of the

United States, or in the armed forces of the State of California, said officer

or employee shall be entitled to a leave of absence from the employee's

office or position during the time of such service and for a period not to

exceed three (3) months after the expiration thereof.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.21 (Issued 1/16/07)

Sec. 120.26 Military Leave (cont.)

120.26.5 Military Leave - Permanent Appointees

Any officer or employee on military leave, who prior to such leave has been

appointed to a permanent position in the City and County service, shall be

entitled to resume such position at the expiration of the leave, and in

determining and fixing rights, seniority, salary and otherwise which have

accrued and shall inure to the benefit of such officer or employee, the term

of military leave shall be considered and accounted as part of the employee's

service to the City and County.

120.26.6 Military Leave - Proof of Duty

Officers and employees requesting military leave shall file with the Human

Resources Director a copy of the orders necessitating such service prior to

the effective date of the leave of absence and upon return from such leave

shall submit a copy of the discharge or release.

120.26.7 Military Leave - Salary While on Temporary Leave

Employees who have been employed by the City and County or any other

public agency or have been on military duty for a period of not less than one

(1) year continuously prior to the date upon which temporary military leave

not exceeding l80 calendar days begins shall, as required by the State of

California Military and Veterans' Code (Section 395), receive their regular

salary or compensation for a period not to exceed thirty (30) calendar days

of such military leave in any fiscal year or more than thirty (30) calendar

days during any period of continuous military leave.

120.26.8 Military Leave - Probationary Appointees

Refer to the Probationary Period Rule on leave during the probationary

period.

120.26.9 Military Leave - Eligible Not Reached for Certification While in

Service - Time of War

An eligible on a regular civil service list, who served on active military duty

not including reserve service during time of war who presents an honorable

discharge or certificate of honorable active service within one (1) year from

the date of release from military service, shall be preferred for certification

for a period of four (4) years after the cessation of hostilities in the order of

standing upon the eligible list at the time of entrance into military service

and before candidates procuring standing through an examination held

subsequent to the entrance of such eligibles into the military service.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.22 (Issued 1/16/07)

Sec. 120.26 Military Leave (cont.)

120.26.10 Military Leave - Eligibles Reached for Certification

If while in the military service, the name of an eligible was reached for

certification to a permanent position and the eligible presents an honorable

discharge or certificate of honorable active service within l20 days from the

date of release from active military duty not including reserve service during

time of war, the eligible shall be certified to a position in the class for which

so reached; and, for all purposes of seniority, the date of certification if

appointed, shall be deemed to be the date when the eligible was reached for

certification while in the military service. A person appointed in accordance

with this section shall serve the required probationary period. An eligible

who is offered appointment in accordance with the provisions of this section

and who waives appointment and is subsequently certified after withdrawal

of waiver shall have seniority as of the date of such certification.

120.26.11 Military Leave - Participants in Written Examinations

Persons who participate in a written examination and who present their

orders or other proof of service within 120 days from the date of release

from active military service in time of war shall be allowed to participate in

the remaining parts of the examination. If they meet all the eligibility

qualifications, they shall be certified as of the date they would have been

reached for certification in accordance with their rank based on the entire

examination.

120.26.12 Military Leave - Employees or Officers Not Subject to Civil Service

Examination

Military leave to an elected or appointed officer, appointed for a definite

period of time, shall not be extended beyond the period of time for which

elected or appointed, provided that if such officer is re-elected or

reappointed, then military leave shall be automatically extended for such

ensuing period of time.

Military leave to an employee occupying a position exempt from civil

service examination shall not extend beyond the period of time for which

the employee's appointing officer was elected or appointed.

Sec. 120.27 War Effort Leave

The Board of Supervisors may provide by ordinance that leaves of absence

shall be granted to officers and employees during time of war for service

directly connected with the prosecution of the war or national defense or

preparedness.

Sec. 120.28 Leave for Sea Duty as Licensed Officers

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.23 (Issued 1/16/07)

In time of war or while any act authorizing compulsory military service or

training is in effect, the Board of Supervisors may provide by ordinance that

leaves of absence shall be granted to officers and employees for sea duty as

licensed officers aboard ships operated by or for the United States

government. The Commission shall amend this section to implement such

ordinance.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.24 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article VIII: Unpaid Administrative Leave or Furlough

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.29 Unpaid Administrative Leave or Furlough

120.29.1 General Provisions

1) Notwithstanding the layoff and involuntary leave provisions or any

other provisions of these Rules, an appointing officer is authorized to

impose unpaid administrative leave (furlough) on any employee within that

appointing officer's jurisdiction as provided in this section. The imposition

of furloughs shall be subject to receipt of a Projected Deficit Notice (PDN)

from the Controller stating that the department's budget will be insufficient

to support the department's level of spending through the end of the fiscal

year.

2) The authority of the appointing officer to impose furloughs shall be

limited to those furloughs necessary to correct the projected deficit

identified by the Controller.

3) This Rule shall apply to all employees of the City and County.

4) The Superintendent of the San Francisco Unified School District and

the Chancellor of the San Francisco Community College District shall also

be authorized to furlough any employee in the classified service upon their

individual determinations that, based upon a review of projected revenues

and expenditures, the budget will be insufficient to support the District's

level of spending through the end of the fiscal year.

5) No provision of Layoff and Involuntary Leave, including but not

limited to any provision regarding the order of layoff, displacement of less

senior employees, or reinstatement, shall be applicable to any employees

furloughed hereunder.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.25 (Issued 1/16/07)

Sec. 120.29 Unpaid Administrative Leave or Furlough (cont.)

120.29.2 Voluntary Unpaid Time Off

1) Prior to imposing a furlough on any employee, an appointing officer

shall attempt to determine, to the extent feasible and with due consideration

for the time constraints which may exist for eliminating the projected

deficit, the interest of employees within the appointing officer's jurisdiction

in taking unpaid personal time off on a voluntary basis.

2) The appointing officer shall have full discretion to approve or deny

requests for voluntary unpaid time off based on the operational needs of the

department and any court decrees or orders pertinent thereto. The decision

of the appointing officer shall be final except in cases where requests for

voluntary unpaid time off in excess of ten (10) working days are denied. In

such cases, an employee may appeal in accordance with the procedures

provided below for appealing imposition of furlough.

3) An employee shall be entitled to take up to ten (10) unpaid days per

fiscal year at the rate of no more than five (5) days in a three (3) month

period, at the employee's discretion, upon at least fifteen (15) calendar days

prior written notice to the employee's appointing officer. Such request shall

not be denied except for the reason of a requirement that such position be

filled on an overtime or premium pay basis, for essential operational needs

or the requirements of a court decree or order.

120.29.3 Furloughs

1) Appointing officers are encouraged to furlough entire operational units

within departments rather than individual employees; or stagger work hours

within an operational unit on a reduced hours basis. The decision of the

appointing officer to impose furloughs under this subsection, and the

appointing officer's determination of what constitutes an operational unit,

shall be final.

2) Where, in the discretion of the appointing officer, furlough of an

operational unit as prescribed above is not feasible, individual employees

within an operational unit may be furloughed.

3) To the extent practicable, furlough shall be equitably distributed among

all of the employees in the affected department or operational unit to which

the Projected Deficit Notice (PDN) has application; and, all of the

employees in the affected class(es).

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.26 (Issued 1/16/07)

Sec. 120.29 Unpaid Administrative Leave or Furlough (cont.)

120.29.3 Furloughs (cont.)

4) In determining which employees to furlough, an appointing officer

shall consider citywide seniority within a class as well as considering the

operational needs of the department.

5) In no event shall furlough be imposed upon an employee for more than

four (4) days in any three (3) month period or ten (10) days in any fiscal

year. Voluntary time off not to exceed a total of five (5) days per quarter or

ten (10) days per year, approved pursuant to this section, shall be credited

toward the maximum number of furlough days which may be imposed

pursuant to this Rule.

6) Employees placed on furlough pursuant to this section shall be notified

in writing at least fifteen (15) calendar days in advance of the effective date

for the furlough.

7) The decision to furlough an individual employee within an operational

unit shall be final except that an employee given notice of a furlough, which

taken together with an employee's prior furloughs in the same fiscal year

would exceed five (5) working days within any six (6) month period, may

file an appeal. Such appeals must be in writing and filed within three (3)

calendar days of the date of the notice of furlough with the Human

Resources Director with a copy to the appointing officer. Within three (3)

calendar days after receiving the appeal, the Department of Human

Resources shall refer the written appeal and the appointing officer's written

comments, if any, for determination to the Human Resources Director, the

Mayor and the Controller, or their designees, who shall meet on no less than

twenty four (24) hours public notice. The determination regarding the

appeal shall be rendered within seven (7) calendar days of the date of the

appeal. This decision is final and shall not be reconsidered by the

Commission. The Human Resources Director shall notify the employee and

the appointing officer of the decision prior to the effective date of the

furlough.

120.29.4 Restrictions on Use of Paid Time Off While on Voluntary Unpaid Time

Off or Furlough

1) All voluntary unpaid time off or furlough imposed or granted pursuant

to this section shall be without pay.

2) Employees granted voluntary unpaid time off or placed on furlough

are precluded from using sick leave with pay credits, vacation credits,

compensatory time off credits, floating holidays, training days or any other

form of pay for the time period involved.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.27 (Issued 1/16/07)

Sec. 120.29 Unpaid Administrative Leave or Furlough (cont.)

120.29.5 Imposition of Furlough - Fair Labor Standards Act (FLSA)

Restrictions

1) Furlough for employees who are non-exempt under the Fair Labor

Standards Act (FLSA) shall be imposed in minimum increments of one (1)

hour.

2) Furlough for employees who are exempt under the Fair Labor

Standards Act (FLSA) shall be imposed in minimum increments of one (1)

day.

120.29.6 Vacation and Sick Leave with Pay Accruals While on Voluntary

Unpaid Time Off or Furlough

Subject to passage of necessary ordinances by the Board of Supervisors,

vacation and sick leave with pay accruals shall continue during a maximum

of ten (10) days of furlough in any fiscal year, or a maximum of twenty (20)

days for approved voluntary unpaid time off taken pursuant to this Section

in any fiscal year.

120.29.7 Duration and Revocation of Voluntary Unpaid Time Off or Furlough

Furlough imposed upon an employee shall remain in force for the period

specified in the written notice unless sooner revoked by written notice from

the appointing officer. Approved voluntary unpaid time off taken pursuant

to this section may not be changed by the appointing officer without the

employee's consent.

120.29.8 Resolution of Disputes

Except as provided elsewhere in this section, the Human Resources

Director shall act on all disputes arising out of the application or

implementation of the provisions of this section. The decision of the

Human Resources Director shall be final and shall not be reconsidered by

the Commission.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.28 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article IX: Other Leaves of Absence

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.30 Leave to Accept Other City and County Position

120.30.1 Leave by an employee who has completed the probationary period to accept

exempt or temporary appointment in the City and County service may be

approved for the duration of such appointment. Such leave by a

probationary employee is subject to the provisions of the Rule governing

the Probationary Period.

120.30.2 Denial of such leave by the appointing officer is appealable as provided

elsewhere in this Rule.

Sec. 120.31 Educational Leave

120.31.1 Educational leave is defined as leave for the purpose of educational or

vocational training in a field related to the employee's current position and

as any training to which a veteran is entitled pursuant to the laws of the

United States or the State of California.

120.31.2 Educational leave may be approved for permanent appointees for a period

of up to one (1) year. Requests for educational leave of longer than one (1)

year must be renewed each year.

120.31.3 Denial of educational leave is appealable as provided elsewhere in this Rule.

120.31.4 An employee on educational leave shall not accept other employment

without approval of the appointing officer and the Human Resources

Director, except for employment in vacant positions with the City and

County during school vacations.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.29 (Issued 1/16/07)

Sec. 120.31 Educational Leave (cont.)

120.31.5 As soon as records are available, the employee shall periodically present to

the appointing officer a record of completed educational work. These

records shall be maintained in such a manner as to be readily available for

audit by Department of Human Resources staff. Failure to submit an

acceptable record of completed educational work shall subject the employee

to disciplinary action as provided in the Charter.

Sec. 120.32 Leave for Civilian Service in the National Interest

120.32.1 Civilian service in the national interest is defined as leave to serve with a

federal, state or other public agency or non-profit organization in a program

or in a capacity which the Human Resources Director deems to be in the

national or general public interest.

120.32.2 Such leave may be approved for permanent appointees for a period of up to

one (1) year. Requests for such leave of longer than one (1) year must be

renewed each year.

120.32.3 Denial of such leave is appealable as provided elsewhere in this Rule.

Sec. 120.33 Leave for Employment as an Employee Organization Officer or

Representative

120.33.1 Leave for employment as an employee organization officer or

representative is defined as leave to serve full-time as an officer or

representative of an employee organization whose membership includes

City employees, or to attend a convention or other type of business meeting

of an employee organization as an officer or delegate of the employee

organization.

120.33.2 Leave for permanent appointees may be approved for the duration of such

service.

120.33.3 Denial of such leave is appealable as provided elsewhere in this Rule.

Sec. 120.34 Family Care Leave

120.34.1 Definition of Family

A unit of interdependent and interacting persons, related together over time

by strong social and emotional bonds and/or by ties of marriage, birth, and

adoption, whose central purpose is to create, maintain, and promote the

social, mental, physical and emotional development and well being of each

of its members.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.30 (Issued 1/16/07)

Sec. 120.34 Family Care Leave (cont.)

120.34.2 Permanent employees who have one (1) or more years of continuous service

in any status may be granted up to (1) year of unpaid family care leave for

the following reasons:

1) The birth of a biological child of the employee;

2) The assumption by the employee of parenting or child rearing

responsibilities. Family care leave does not apply to an employee who

temporarily cares for a child for compensation, such as a paid child care

worker;

3) The serious illness or health condition of a family member of the

employee, the employee's spouse or domestic partner, a parent of the

employee or the employee's spouse or domestic partner, the biological or

adoptive child of the employee, or a child for whom the employee has

parenting or child rearing responsibilities; or

4) The mental or physical impairment of a family member of the

employee, the employee's spouse or domestic partner, a parent of the

employee or the employee's spouse or domestic partner, the biological or

adoptive child of the employee, or a child for whom the employee has

parenting or child rearing responsibilities, which impairment renders that

person incapable of self-care.

120.34.3 Family care leave is unpaid leave. Such leave may be granted in addition

to accumulated compensatory time off, vacation time, floating holiday time

or sick leave as specified under Sick Leave - Illness or Medical

Appointment of Child, Parent, Spouse, or Registered Domestic Partner.

120.34.4 Denial of family care leave is appealable as provided elsewhere in this Rule.

Sec. 120.35 Witness or Jury Duty Leave

120.35.1 An employee who is summoned as a witness on behalf of the City and

County or juror for a judicial proceeding shall be entitled to leave with pay

less the amount of juror or witness fee paid for the period required for such

service (Charter Section A8.400G). An employee who is summoned to

serve as a witness in cases which involve outside employment or personal

business affairs shall be placed on leave without pay unless vacation leave

or compensatory time is requested and granted.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.31 (Issued 1/16/07)

Sec. 120.35 Witness or Jury Duty Leave (cont.)

120.35.2 Paid witness or jury duty leave shall be only from an employee's scheduled

duty time and shall not include hours outside of scheduled hours of work or

on days off.

120.35.3 Such employees shall notify the appointing officer immediately upon

receiving notice of jury duty.

120.35.4 An employee who takes vacation leave while on witness or jury duty leave

shall receive regular salary.

120.35.5 Refer to the Probationary Period Rule on leave during the probationary

period.

Sec. 120.36 Holiday Leave

Holiday leave shall be as provided by ordinance of the Board of

Supervisors.

Sec. 120.37 Vacation Leave

Vacation leave shall be as provided in the Charter and by ordinance of the

Board of Supervisors.

Sec. 120.38 Involuntary Leave of Absence

120.38.1 Whenever it becomes necessary to effect a reduction in force due to lack of

work or lack of funds which shall result in the displacement of a permanent

or probationary appointee from the City and County service, an appointing

officer, notwithstanding other provisions of these Rules governing leaves of

absence, shall place such employees on a leave of absence of an involuntary

nature unless the employee elects to be laid off.

120.38.2 Such reductions in force shall be effected by the provisions of this Rule

governing seniority and order of layoff.

120.38.3 Employees placed on an involuntary leave of absence shall be ranked on the

holdover roster for the class from which laid off and shall be returned to

duty as provided in this Rule.

120.38.4 Leaves of absence imposed under the provisions of this Rule shall expire

upon the return to duty of the holdover, upon the expiration of holdover

status, or upon written request of the employee to elect to be laid off while

on involuntary leave.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.32 (Issued 1/16/07)

Sec. 120.39 Religious Leave

120.39.1 Employees may be granted leave when personal religious beliefs require

that the employee abstain from work during certain periods of the work day

or work week. Such leave shall be known as "Religious Leave."

120.39.2 Religious leave shall be without pay unless the employee elects to use

accumulated compensatory time off, vacation time, or floating holiday time.

120.39.3 Denial of religious leave is appealable as provided elsewhere in this Rule.

Sec. 120.40 Personal Leave

120.40.1 Personal leave is defined as leave for reasons other than those covered in

other sections of this Rule.

120.40.2 Personal leave for permanent employees may be approved for a period of

up to twelve (12) months within any two (2)-year period. Personal leave

for temporary or provisional employees may be approved only if

replacement of the employee is not required and for a maximum of one (1)

month.

120.40.3 On the request of an appointing officer, the Human Resources Director, may

for reasons deemed to be in the best interest of the service approve extension

of personal leave for permanent employees beyond a twelve (l2)-month

period.

City and County of San Francisco Civil Service Commission

CSC Rules - Volume I 120.33 (Issued 1/16/07)

Rule 120

Leaves of Absence

Article X: Appeal Procedures

Applicability: Rule 120 shall apply to officers and employees in all classes, except the Uniformed Ranks

of the Police and Fire Departments and MTA Service-Critical classes; or as noted or as

specifically excluded, or except as may be superceded by a collective bargaining agreement

for those employees subject to Charter Section A8.409. However, all definitions in Rule

120 are applicable to employees in all classes; excluding only the Uniformed Ranks of the

Police and Fire Departments and the MTA Service-Critical classes as covered in Volumes

II, III and IV.

Sec. 120.41 Appeal Procedures

120.41.1 Appeals concerning furloughs or voluntary unpaid time off are excluded

from appeal under this section and are appealable as provided elsewhere in

this Rule.

120.41.2 In cases where appeal is specifically granted in this Rule, a dispute

concerning the application or implementation of the provisions of this Rule

shall be processed EITHER, at the option of the employee:

1) in accordance with the grievance procedure provided by the Human

Resources Director for unrepresented employees or in a collective

bargaining agreement.

2) by appeal in writing to the Human Resources Director, whose decision

shall be final and shall not be reconsidered by the Commission. A decision

under one option shall preclude the use of the other option.

SEIU Nurse Hourly Step Rates for FY22-23 - Effective Date 7/1/22

Class

Title

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

Step 8

Step 9

Step 10

2320

Registered Nurse

$71.9625

$74.2250

$77.3000

$79.4750

$81.9750

$84.8750

$87.5125

$90.2250

$93.0625

$95.8625

2323

Clinical Nurse Specialist

$89.1875

$93.6250

$99.3000

$104.2750

$109.4375

$113.2125

$116.7875

$120.3750

$124.1125

$128.0250

2325

Nurse Midwife

$80.9250

$84.9250

$90.0375

$94.5125

$99.3000

$102.7625

$105.9750

$109.2625

$112.6500

$116.1000

2328

Nurse Practitioner

$89.1500

$93.6875

$99.2250

$104.2125

$109.4125

$113.2500

$116.8125

$120.4125

$124.1375

$127.9875

2330

Anesthetist

$117.4125

$123.2125

$130.5875

$137.1500

$143.9500

$149.0250

$153.6500

$158.4125

$163.3625

$168.4250

2830

Public Health Nurse

$71.9625

$74.2250

$77.3000

$79.4750

$81.9750

$84.8750

$87.5125

$90.2250

$93.0625

$95.8625

P103

Special Nurse

$89.9375

$92.7750

$96.6125

$99.3250

$102.4625

$106.1375

$109.3875

$112.8000

$116.3250

$119.8375

Step 11

Step 12

Step 13

Step 14

Step 15

Step 16

Step 17

Step 18

Step 19

Step 20

2325

Nurse Midwife

$89.1875

$93.6250

$99.3000

$104.2750

$109.4375

$113.2125

$116.7875

$120.3750

$124.1125

$128.0250

SEIU Nurse Hourly Step Rates for FY23-24 - Effective Date 7/1/23

Class

Title

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

Step 8

Step 9

Step 10

2320

Registered Nurse

$73.7625

$76.0750

$79.2375

$81.4625

$84.0250

$87.4250

$90.1375

$92.9375

$95.8500

$98.7375

2323

Clinical Nurse Specialist

$91.4125

$95.9625

$101.7875

$106.8875

$112.1750

$116.6125

$120.2875

$123.9875

$127.8375

$131.8625

2325

Nurse Midwife

$82.9500

$87.0500

$92.2875

$96.8750

$101.7875

$105.8500

$109.1500

$112.5375

$116.0250

$119.5875

2328

Nurse Practitioner

$91.3750

$96.0250

$101.7000

$106.8125

$112.1500

$116.6500

$120.3125

$124.0250

$127.8625

$131.8250

2330

Anesthetist

$120.3500

$126.2875

$133.8500

$140.5750

$147.5500

$153.5000

$158.2625

$163.1625

$168.2625

$173.4750

2830

Public Health Nurse

$73.7625

$76.0750

$79.2375

$81.4625

$84.0250

$87.4250

$90.1375

$92.9375

$95.8500

$98.7375

P103

Special Nurse

$92.1875

$95.1000

$99.0250

$101.8125

$105.0250

$109.3250

$112.6750

$116.1875

$119.8125

$123.4375

Step 11

Step 12

Step 13

Step 14

Step 15

Step 16

Step 17

Step 18

Step 19

Step 20

2325

Nurse Midwife

$91.4125

$95.9625

$101.7875

$106.8875

$112.1750

$116.6125

$120.2875

$123.9875

$127.8375

$131.8625

SEIU Nurse Hourly Step Rates for FY23-24 - Effective Date 1/6/24

Class

Title

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

Step 8

Step 9

Step 10

2320

Registered Nurse

$75.4250

$77.7875

$81.0250

$83.3000

$85.9125

$89.3875

$92.1625

$95.0250

$98.0125

$100.9625

2323

Clinical Nurse Specialist

$93.4750

$98.1250

$104.0750

$109.2875

$114.7000

$119.2375

$123.0000

$126.7750

$130.7125

$134.8250

2325

Nurse Midwife

$84.8125

$89.0125

$94.3625

$99.0500

$104.0750

$108.2375

$111.6000

$115.0750

$118.6375

$122.2750

2328

Nurse Practitioner

$93.4250

$98.1875

$103.9875

$109.2125

$114.6750

$119.2750

$123.0250

$126.8125

$130.7375

$134.7875

2330

Anesthetist

$123.0625

$129.1250

$136.8625

$143.7375

$150.8750

$156.9500

$161.8250

$166.8375

$172.0500

$177.3750

2830

Public Health Nurse

$75.4250

$77.7875

$81.0250

$83.3000

$85.9125

$89.3875

$92.1625

$95.0250

$98.0125

$100.9625

P103

Special Nurse

$94.2625

$97.2375

$101.2500

$104.1000

$107.3875

$111.7875

$115.2125

$118.8000

$122.5125

$126.2125

Step 11

Step 12

Step 13

Step 14

Step 15

Step 16

Step 17

Step 18

Step 19

Step 20

2325

Nurse Midwife

$93.4750

$98.1250

$104.0750

$109.2875

$114.7000

$119.2375

$123.0000

$126.7750

$130.7125

$134.8250