HomeMy WebLinkAboutAgenda Report - December 17, 2008 K-04AGENDA ITEM Ko4
CITY
OF LODI
(1) COUNCIL COMMUNICATION
fM
AGENDA TITLE: Adopt Resolution Amending Memorandum of Understanding between the City of
Lodi and the AFSCME Council 57 Local 146 -AFL-CIO Maintenance and
Operations Unit and the AFSCME Council 57 Local 146 -AFL-CIO General
Services Unit.
MEETING DATE: December 17,2008
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt Resolution Amending Memorandum of Understanding
between the City of Lodi and the AFSCME Council 57 Local 146 -
AFL -CIO Maintenance and Operations Unit and the AFSCME
Council 57 Local 146 -AFL-CIO General Services Unit.
BACKGROUND INFORMATION: The Memorandum of Understanding (MOU) between the City of
Lodi and two employee bargaining units (Maintenance and
Operations Unit, and the General Services Unit), expired on June
30, 2008. Both employee bargaining units are represented by
AFSCME Council 57, Local 146 -AFL-CIO. As directed by City
Council through the City Manager, representatives from these bargaining units met with City staff for the
purpose of amending the MOU. On December 8, 2008, the bargaining units and City staff tentatively
agreed to an amended MOU; the more significant amendments to the MOU are as follows:
• The term of the MOU is July 1,2008 through December 31,2010.
• Effective December 8, 2008, represented employees shall receive a 3% salary adjustment.
• Effective July 1, 2009, salaries will be adjusted up to 3% based on the Consumer Price Index
(CPI -W) for San Francisco wage earners. This amount is predicated on a 1 % increase in the
General Fund from the previous fiscal year to the current fiscal year.
• Generally, it is in the City's financial interest to have an employee covered by a spouse's
insurance and decline City health premiums. Consequently, employees are paid to encourage
them to opt out of the City having to provide coverage. For employees who elect not to be
covered by medical insurance through the City, an additional $692.81 per month for family or
$532.92 for employee + 1 dependent will be added to the employee's deferred compensation
account. Similar provisions have recently been approved for Fire Mid -Management, Police
Mid -Management and Confidential.
• Those employees (Animal Services Supervisor) serving on an on-call basis shall be
compensated $25.00 per week.
Temporary upgrades (out of class pay) are approved when an employee is assigned to a
higher classification, rather than performing some duties of a higher classification.
APPROVED:
BIa�K , City Manager
• Similar to other City bargaining groups, the dental insurance premium for dependent coverage
will be fully paid by the City.
• Employees will be granted 3 working days (24 hours) of bereavement leave per calendar year.
The amended MOU's are included, in their entirety, to this Council Communication. Please see ExhibitA
for the Maintenance and Operations MOU, and Exhibit B for the General Services MOU.
This action also includes Confidential employees at a similar classification.
FISCAL IMPACT: The current year salary modications, as recommended, would impact the General
Fund by approximately $88,000 for Fiscal Year 2008-2009 and is within budget.
Dean Gualco
Human Resources Manager
Attachments
12/10/08
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
I:10-11
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
MAINTENANCE & OPERATIONS UNIT
July 1, 2008 —December 31, 2010
EXHIBIT A
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-2W62008-2010
City of Lodi
And
A.F.S.C.M.E. — Maintenance and Operator Unit
2884-2-9902008-2010
Chapter 1. Compensation & Working Conditions
ARTICLE I — SALARY
1.1 Effective December 8, 2008, employees shall receive an adjustment of 3% wage
increase.
Effective the first period in which July 1, 2009 falls, employees will receive a
cost of living adjustment based upon the consumer price index (CPI -V), San
Francisco -Oakland -San Jose. The increase will be no more than 3%. If the
City of Lodi General Fund Revenues for the period 07/01/08 to 06/30/09, as
reflected in the Comprehensive Annual Financial Report, do not show revenue
increases of at least 1% from the previous fiscal year (using fiscal year audited
financial statements) then AFSCME and the City of Lodi will reopen
negotiations with regard to cost of living adjustments.
1.3 The City and AFSCME agree to meet and confer on benchmarks and what
benefits and compensation to be used in the next survey conducted in 2010.
1.4 The City and AFSCME shall conduct a comprehensive salary, benefits and
compensation survey of the fifteen cities listed in section 1.5. Salaries will be
based upon the salary in effect as of 74/06 July 1, 2010. The City also agrees that
the survey will be completed by "%TSeptember 1, 2010.
1.5 The fifteen cities to be surveyed are as follows:
Chico Clovis Davis Fairfield Merced Manteca
Modesto Redding Roseville Stockton Tracy Turlock
Vacaville Visalia Woodland
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ARTICLE II — OVERTIME
2.1 Overtime work, paid at the time and one-half rate, is work performed by an
employee outside his or her regular work hours, and includes time worked:
1. In excess of forty (40) hours in a work week;
2. In excess of eight (8) hours in any work day;
3. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Sections 6.1 and 6.2; and
4. Time worked on a non -work day.
Overtime work paid at the double time rate is work performed in excess of 12 hours
between 12 midnight and 12 midnight on any given day, any work performed
between the hours of 12 midnight and 6:00 a.m., and any work performed on
holidays.
Hours worked on a holiday, as part of any employee's regular work schedule, shall
be compensated at the appropriate overtime rate as provided plus the employee
shall receive his or her regular straight time pay.
2.2 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate
for compensatory time shall be at the appropriate rate of overtime worked.
2.3 The decision to elect compensatory time or overtime pay may be made each time
overtime is worked.
2.4 No more than ($8144) hours of compensatory time may be carried on the books at
any time.
2.5 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
2.6 Upon separation, the employee will be paid at the employee's current hourly rate of
pay or the average of the last three years, whichever is higher, for the remaining
compensatory balance.
2.7 Employees who are required to report for prearranged work on their non -work days
or holidays shall be compensated at the overtime rate for actual hours worked, but
in no event shall they be paid for less than three (3) hours.
2.8 If an employee has worked for six (6) hours or more at the overtime rate during the
sixteen (16) hour period immediately preceding the beginning of his or her regular
work hours on a work day he or she shall be given a rest period of six (6)
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
2.9 Compensation paid to employees called out in emergency situations outside their
regular work hours shall be a minimum of three (3) hours pay at the overtime rate.
Additional call outs during that day shall be compensated at the overtime rate for
actual hours worked with a one hour minimum. Only one call out between the
hours of 12:00 o'clock midnight and 12:00 o'clock midnight shall be compensated
at the minimum three hour period.
2.10 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
(1) On work day outside of his or her regular work hours, he or she shall be
paid overtime compensation for actual worked time in connection therewith,
provided however, that if any such employee continues to work into or
beyond his or her regular work hours, he or she shall be paid overtime
compensation only for actual work time up to his or her regular work hours.
b-.(2) On non work days or on holidays, he or she shall be paid overtime
compensation for actual work time in connection therewith. For the purpose
of this Section, prearranged overtime work is deemed to be work for which
advance notice has been given by the end of his or her preceding work
period on a work day.
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ARTICLE III — TEMPORARY UPGRADE
3.1 Subject to Department Head approval, any employee who i
Department Parks Division -is assigned to a higher classification than their regular
classification shall receive a 10% wage increase while in this status. However, in
no event shall the upgrade pay per hour exceed the "E" step of the classification to
which the employee is temporarily upgraded. This provision shall only apply when
such time worked is more th 94 or more hours in the assigned higher
classification and be retroactive to the beginning of the 84 hour period.
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE IV — EDUCATION INCENTIVE
4.1 The City shall make available incentive pay as shown in Exhibit B. Effective July
8, 1991, a $40.00 per month incentive shall be paid for each grade at or above the
minimum grades shown. An employee can earn incentive pay to a combined
maximum of $250.00 per month.
4.2 The City agrees to pay all fees charged in obtaining any license, mandatory or
voluntary certification, or recertification required in the course of his or her
employment upon successfully passing the test procedures.
4.3 The City agrees to pay $20.00 per month to two (2) Wastewater Plant Operators for
the possession of a Qualified Applicators Certificate. In the event of the separation
of one of the two, the remaining employee shall receive $40.00 per month.
4.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as
outlined in Exhibit O C.
4.5 Equipment Mechanics are eligible to receive incentive pay of either $25.00 or
$50.00 per month for possession of Automotive Service Excellence Technician
Certificates on the following basis:
Only courses listed in Exhibit D will qualify towards this incentive.
2. Employees will not be paid for both certificates in cases where one is a
prerequisite of the other. For example, ASE certifications A-6, A-8 and L-1
are required by BAR in order to obtain a smog certificate. An employee
having a BAR smog certificate will receive $50.00 for the smog certificate
and the three ASE certificates will not be counted toward the ASE
certification incentives.
Employees will receive a total of $25.00 per month for possession of a
minimum of three (3) certificates.
4�. Employees will receive a total of $50.00 per month for possession of a
minimum of eight (8) certificates.
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ARTICLE V — BILINGUAL PAY
5.1 Employees designated by the Department Head and approved by the City Manager
who have passed a bilingual proficiency examination administered by the City shall
receive a monthly bilingual supplement of $150.00. The City Manager has sole
the discretion in determining the languages that will be recognized.
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE VI — HOURS
6.1 Except as provided in subsequent sections, the normal hours of work for all
represented personnel shall be eight hours per day and 40 hours per week. The
lunch period shall normally commence between the third and fifth work hour at the
discretion of the supervisor.
a. Wastewater Plant Operators shall work shifts on a jointly agreed to rotating
schedule with varying days off. This schedule shall be posted two weeks
before the change of shift.
b. Employees assigned to work "Relief Operator" duties shall receive
compensation at a rate of 5% above the classification of Wastewater Plant
Operator II. The "Relief Operator" is one who works a normal day shift but
is on call to assume a shift operators shift(s) for the duration of a vacancy,
then return to regular hours.
C. Street Sweeper Operators shall work a schedule which begins at 4:00 a.m.
d. Alternate work schedules may be developed by mutual agreement between
the employee and the appropriate supervisor.
e. Equipment Maintenance personnel shall work one of two shifts.
5:30 a.m. to 2:00 p.m. or 2:00 p.m. to 12:30 a.m M-TH
A 4-10 schedule as outlined in Exhibit E may be reinstituted in the shop
during the course of this MOU.
6.2 Work schedules presently in effect shall remain in effect. Any proposed change in
the days or hours of work shall be a meet and confer item.
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE VII — SHIFT DIFFERENTIAL
7.1 An Operations Premium of 3% will be applied to Wastewater Treatment Plant
Operators and Public Works Fleet Maintenance workers for all hours worked
during swing or graveyard shifts. Swing shifts are those daily work periods
regularly scheduled to begin from12 o'clock noon to 8 pm. Graveyard shifts are
those daily work periods regularly scheduled to begin from 8 pm to 4 am. Shift
assignments shall be made by the City at its sole discretion consistent with other
provisions of this MOU.
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE VIII - MEALS
8.1 If the City required an employee to perform work for one and one-half (1 'h-) hours
immediately following quitting time, or if any employee is called in ore than two
(2) hours immediately before regular starting time, the City shall provide such
employee with a meal. The cost of the meal not to exceed $20.00 with a receipt. If
an employee works beyond the regular quitting time, the City shall continue to
provide meals at four (4) hour intervals until the employee is dismissed from work.
The cost of such meals and the time taken to consume them shall be at the City's
expense.
8.2 When the City requires employees to work on non -work days, the City shall
provide meals at intervals of four (4) hours. The first meal shall be four (4) hours
after employees report to work, providing time is allowed for an employee to eat
before reporting. If such time is not allowed, the first meal break shall be two (2)
hours after reporting for work and at the four (4) hour intervals thereafter.
8.3 When an employee is required to perform prearranged work on non -work days
during regular work hours, he or she shall observe the lunch arrangement which
prevails on his or her work days. If such work continues after regular work hours,
the City shall provide the employee with meals in accordance with the provisions of
(Section 6).
8.4 If the City requires an employee to perform prearranged work starting two (2) hours
or more before regular work hours on work days or non -work days, and such
employee continues to work into regular hours, the employee shall provide for one
meal on the job and the City shall provide other meals as required by the duration of
the work period. The meals provided for in this Section shall be eaten at
approximately the usual times and the usual practice relating to lunch periods on
work days shall prevail. The usual times therefore shall be 7:00 a.m. — 12:00 n•m.
and noon — 6:30 p.m.
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ARTICLE IX— STANDBY DUTY
9.1 Employees shall receive compensation of two (2) hours of straight pay when said
employees are required to be placed in standby status for a shift.
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ARTICLE X — MILEAGE COMPENSATON
10.1 Employees using their personal automobile for City business, with their department
head's approval, shall receive mileage compensation equal to that allowed by the
Internal Revenue Service. City business does not include transportation to and
from work or call backs due to emergencies, except that employees whose regular
work station is at the White Slough Water Pollution Control Facility shall receive
mileage compensation if called back to the plant in an emergency situation.
Allowance increases shall be effective the fist day of the month following the
determination of an increase by the IRS.
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ARTICLE XI — COURT APPREANCES
11.1 Employees summoned by a court for jury duty shall be granted jury duty leave with
pay and may keep any jury duty compensation received. Voluntary grand jury
service such as that service in San Joaquin County is not covered by jury duty
leave.
11.2 If jury duty attendance is less than one-half of a normal working day, the employee
is expected to return to work.
11.3 If an employee has had jury duty of six hours or more during a 16 -hour period
immediately preceding the beginning of or following the end of his or her regular
work hours on a work day, he/she shall be given a rest period of six (6) consecutive
hours.
11.4 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half times his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employee, the Department Head must be notified in writing of the off duty
appearance within seventy two hours after the employee is subpoenaed or otherwise
notified of the required court appearance.
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ARTICLE XII— TOOLS AND UNIFORM ALLOWANCE
12.1 Uniforms provided by the City shall include a jacket, pants and shirts. Jackets
shall be replaced as needed. Uniform service, including rental and cleaning of one
uniform (shirts & pants) per work day, will be provided to the following
Maintenance and Operators classifications:
Facilities Maintenance Worker
Sr. Plant and Equipment Mechanic
Tree Operations Supervisor
-Facilities Supervisor
Maintenance Worker I & II
Park Maintenance Worker I & II
Park Maintenance Worker III
Park Supervisor
Parts Clerk
Plant & Equipment Mechanic
Welder -Mechanic
Fleet Services Supervisor
Heavy Equipment Mechanic
Lead Equipment Mechanic
Street Maintenance Worker III
Street Supervisor
W/WW Maintenance Worker III
Environmental Compliance Insp.
Sr. Facilities Maintenance Worker
Water/Wastewater Supervisor
Laboratory Services Supervisor
Coveralls as needed, but no more than 3, are provided to:
Chief Wastewater Plant Operator
Wastewater Plant Operator I & II
Sr. Plant and Equipment Mechanic
Plant and Equipment Mechanic
Environmental Compliance Inspector
Maintenance Workers I and II's
assigned to White Slough
Smocks as needed, but no more than 3, are provided to:
Laboratory Services Supervisor Laboratory Technician I and II
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE XIII— SAFETY/SAFETY BOOTS
13.1 The City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to ensure this.
13.2 The City retains the right to set and maintain safety standards in the work place.
Failure to adhere to safe work practices will be grounds for the City to take
appropriate steps to ensure compliance.
13.3 The City agrees to provide safety boot reimbursements up to $150.00 with a receipt
per fiscal year for all classifications in this unit except:
Laboratory Technician I/II
13.4 Safety boots are defined as leather work boots with a minimum of 4" ankle support.
Employees have the option of purchasing these boots with or without steel toes.
13.5 Safety boots must be appropriate to the job classification and the specific work
hazards for the work performed.
13.6 The City reserves the right to determine if a boot is appropriate to the job class and
work conditions.
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ARTICLE XIV— WORKER'S COMPENSATION
14.1 The City and the AFSCME mutually agree that when an employee is compelled to
be absent from work due to injuries or illness arising out of and in the course of his
or her employment, the City shall pay full compensation to any represented
employee who becomes eligible for benefits under Worker's Compensation laws
for the period of the time between the injury and the first day of eligibility for
benefits. With the determination that the injury or illness is compensable in
accordance with Workers' Compensation benefit criteria, the employee, upon
receiving said benefits paid by Workers' Compensation shall also receive
compensation from the City in such an amount that when added to the Workers'
Compensation payment shall equal his or her regular salary. The amount paid by
the City shall, after the period from the date of injury and date of eligibility, be
charged to the employee's sick leave account. The employee's regular deductions
shall be made from the amount paid by the City.
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Chapter 2. Leaves
ARTICLE XV — CATASTROPHICE LEAVE
15.1 Catastrophice Leave will be available for all unit members who by reason of
verifiable long term illness or injury exhausts all employee benefits.
Gatast opheCatastrophic Leave will be funded by voluntary transfers of the dollar
value of accumulated compensatory time, vacation and/or other time accumulated
by the member.
15.2 Employees receiving Long Term Disability are not eligible for
Ea4as --(p Catastrophic Leave benefits.
15.3 Donations shall be converted into dollar value and shall be drawn at the requesting
employees pay step. All donations must be a minimum of four (4) hours and are
irrevocable.
EXAMPLE:
Jane Doe, Recreation Supervisor, donates 8 hours of leave to Joe Smith, Laborer.
Jane Doe makes $18.99/7iou. $18.99 x 8 hrs. _ $151.92
Joe Smith makes $10.411hou $151.9 - $10.41= 14.59 hours
Joe Smith will be able to utilize 14.59 hours form Jane Doe's donation.
15.4 CatastropheCatastrophic Leave will be administered in accordance with the
r atasti7ep,.eCatastrophic Leave Policy and Procedure (See Catastrophic Leave
Policy and Procedure Dated February 5, 2003). In addition to employees, spouses
and dependent children, EatastrepkeCatastrophic Leave may also be used for
parents.
15.5 To be eligible to receive this benefit the employee must have first exhausted all
accrued time. This benefit can not be used for more than six (6) consecutive
months.
15.6 An employee denied rgtggfp '±2Catastrophic Leave by Human Resources may
gppeal to the City Manager.
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE XVI — RAL -BEREAVEMENT LEAVE
16.1 Regular employees shall be
eiisater-y ra�24 hours of bereavement leave per calendars time -&f to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel to
and from the location of the funeral.
war -king days.
The immediate family shall be limited to an employee's:
.Spouse
parent grandparent
grandparent -in-law
parent -in-law child
grandchild
son-in-law daughter-in-law
stepchild
foster parents
half-brother
half-sister
or a more distant relative who was a member of the employee's immediate
household at the time of
death.
16.2 A regular employee may use sick leave, vacation leave, or compensatory time off to
attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days.
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ARTICLE XVII — HOLIDAYS
17.1 Members of this Unit shall observe the following holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (4 hours)
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1St Monday in September
0' Thursday in November
Friday following Thanksgiving Day
December 24
December 25
In addition, each employee shall be granted thirty-two (€ett32 hours (4) days of
holiday leave to be taken off at a time mutually agreed upon between the employee
and the department head. Holiday time may be in eight (8) hour increments and
cannot be carried over into the following calendar year. At the discretion of the
department head, probationary employees may use holiday time in one-hour
increments.
17.2 Holidays which fall on the first regularly scheduled day off shall be observed on the
preceding work day. Holidays which fall on any other regularly scheduled day off
shall be observed on the next regularly scheduled work day, with the exception that
if the next regularly scheduled work day is also a holiday, the first holiday shall be
observed on the preceding work day.
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ARTICLE XVIII — LEAVES OF ABSENCE
18.1 The City and AFSCME mutually agree that inability to return to work after an
employee's sick leave has been exhausted shall be considered an urgent and
substantial reason for the granting of a leave of absence in accordance with the
Administrative Policy and Procedure Manual, Leave of Absence Policy.
18.2 The City interprets this Section as providing that the conditions under which an
employee shall be restored to employment on the termination of leave of absence
shall be stated as clearly as possible at the time by the City on conjunction with the
granting of the leave of absence. The City reaffirms its policy that an employee's
status as a permanent employee is not impaired by such leave of absence.
18.3 City employees are entitled to use sick leave, vacation leave, or long-term disability
leave for disabilities caused or contributed to by pregnancy, miscarriage, childbirth,
and recovery there from on the same terms and conditions governing leaves of
absence for other illnesses or medical disabilities. Long-term disability leave shall
not be used for child care, child rearing, or preparation for childbearing, but shall be
limited to those disabilities as set forth above. The length of such disability leave,
including the date on which the leave shall commence and the date on which the
duties are to be resumed, shall be determined by the employee and the employee's
physician, however, the City may require a verification of the extent of disability
through a physical examination of the employee by a physician appointed by the
City at City expense.
18.4 Employees are entitled to leave without pay or other benefits for up to four months
from the date of disability because of pregnancy, miscarriage, childbirth, or
recovery there from when sick leave has been exhausted. The date on which the
employee shall resume duties shall be determined by the employee on leave and the
employee's physician; however, the City may require a verification of the extent of
disability through a physical examination of the employee by a physician appointed
by the City.
18.5 An employee on leave for pregnancy disability under this policy shall be entitled to
return to the same position or to a position comparable to that held at the time the
leave commenced. A physician's release must be provided to the appropriate
supervisor prior to an employee's return to work.
18.6 An employee seeking pregnancy/disability leave shall be required to provide a
reasonable notice in writing (not less than four weeks) to their supervisor of the
anticipated date upon which leave shall commence, although the commencement
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date may vary according to the employee's actual disability. She must also provide
an estimate of the duration of the leave.
18.7 Employees who are placed in a Leave Without Pay status following the expiration
Of sick leave, vacation, or compensatory time off, such that the employee is no
longer in a pay status shall not receive employer paid employment benefits.
18.8 Employees placed in Leave Without Pay status due to disability will continue to
receive a three month extension of (1) medical coverage following the month in
which the employee is placed in such status. Other benefits such as (2) dental or
vision insurance or medical coverage past the three-month extension period may be
continued at the employee's expense.
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ARTICLE XIX — SICK LEAVE
19.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate
of 3.70 hours per pay period. (12 days per year)
19.2 Sick leave may be accumulated up to an unlimited amount.
19.3 Employees will be able to use family sick leave for parents or children not residing
with the employee consistent with City policy of use of sick leave for family
member's illnesses.
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ARTICLE XX — VACATION LEAVE
20.1 Employees shall receive the following vacation benefits:
Howevef, at the eempletion of twelve (12) eentkmeus fneRlhs of sefviee, eighty (80
1,oufs ,.F.,aeatio shall be eredite,l to the employee's .. „o
Beginning with:
Date of Hire 3.08 hrs per pay period (10 days per yr.)
6th_years:
4.62 hrs per pay period (15 days per yr.)
12th_years:
5.24 hrs per pay period (17 days per yr.)
15th years:
6.16 hrs per pay period (20 days per yr.)
21 st year:
6.47 hrs per pay period (21 days per yr.)
22nd year:
6.78 hrs per pay period (22 days per yr.)
23rd year:
7.09 hrs per pay period (23 days per yr.)
24th year:
7.40 hrs per pay period (24 days per yr.)
25th year & over:
7.71 hrs per pay period (25 days per yr.)
20.2 If conflict arises in the scheduling of vacation of employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest City seniority. The senior employee shall receive one first choice in any
scheduling period.
20.3 The maximum amount of unused vacation hours that an employee may accrue, at any
given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
employee shall stop accruing any additional vacation. Accrual will automatically
resume once the employee uses some vacation and the accrual balance falls below the
maximum accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the
maximum may be authorized by the City Manager. For all other issues regarding
Vacation Leave refer to the City's Policy on Vacation Leave.
20.4 20.4 For all persons hired after September 1, 1995 the maximum vacation accrual
rate will be 6.16 hours per pay period.
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Chapter 3. Insurance and Retirement
ARTICLE XXI — CHIROPRACTIC INSURANCE
21.1 The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
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ARTICLE XXII — DEFERRED COMPENSATION PLAN
22.1 The City and AFSCME agree to the implementation of the following program
effective July 1, 1977.
22.2 The City shall match contributions by an employee to a deferred compensation
program up to a maximum 3.0% of the employee's gross salary.
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ARTICLE XXIII — DENTAL INSURANCE
23.1 23.1Employees are provided fully paid family dental insurance.The G_+;
I . I -ntal plan equivalent to the Stanislatis Fetmda4iefi for- Medieal Care
dental plan (group number 5110) to all employees and their dependents. Effeetive
jaffuafy 19, 2004, the City shall pay the full eest for- the empleyee dental pfefnittm
and thfee quafter-s of the pfemium for- dependents for- the t&FM ef this agr-eefRelit.
23.2 Maximum benefits are $1000 for each family member enrolled in the dental plan
per calendar year. There is a $25 deductible plus co-insurance features.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE XXIV — FLEXIBLE SPENDING ACCOUNT
6.1 24.1 The City will maintain a "flexible spending account" to conform to IRS
regulations to be used for premium contributions, dependent care and/or un -
reimbursable medical payments for unit members.
The City will maintain a "flexible spending aeeettat" fer- eaeh empley
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE XXV — LIFE INSURANCE
25.1 The City agrees to provide a life insurance program providing an additional
$10,000 term life insurance for the employee. Said amount of insurance to reduce
to $6,500 at age 70, and to decrease to 10% at age 95. In addition, a spouse,
unmarried dependent children between the ages of 6 months and 21 years,
unmarried student dependent children aged 21 or 22, and dependent handicapped
children shall be covered for $1,500 insurance. Children between the age of 14
days and 6 months shall be provided with $150 life insurance.
25.2 The City shall assume the 1.1% salary cost previously paid by the employee for
long-term disability and life insurance.
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ARTICLE XXVI — LONG TERM DISABILITY PLAN
26.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences 60 days from the date of disability. Long-term disability benefits are
coordinated with other benefits during disability, such as Workers' Compensation
temporary disability payments or PERS unmodified retirement allowances.
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ARTICLE XXVII- MEDICAL INSURANCE
27.1 The City agrees to make available medical benefits equivalent to the Ca1PERS
Health Program. The City shall pay 100% premium for employee only up to the
highest HMO available in our geographical area. Effective August 16, 2004
employees shall contribute $80.00 per month for Employee pPlus One and $104.00
per month for full family coverage. The parties shall meet and confer on a
replacement plan offering such an equivalent level of benefits.
27.2 Employees shall be eligible for medical insurance for the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
27.3 The City shall pay 100% of premiums for health and dental benefits for the
unmarried surviving spouse and any minor children of any members of this unit
who is killed or dies during the performance of official duties. This benefit
terminates if the surviving spouse remarries, the children reach the age of 18, or
other medical insurance becomes available.
27.4 Effective December 8, 2008, if an employee elects not to be covered by medical
insurance through the City of Lodi, an additional $69.81 per month for family
or $532.92 for employee + 1 dependent will be added to the employee's
deferred compensation account to equal one-half of the medical insurance
premium that would have been paid by the City of Lodi. A single employee
who can show Droof of group insurance will be eligible for this Drovision at one
half (1/2) of the current amount. The dollar amount shall not increase during
the term of the MOU. In order to qualify for this provision, proof of group
insurance must be provided to the City.
If an employee has no dependents
iDs ranee the City will contribute $25.00 per pay period to the employees deferred
compensation account. This will remain effective through June 30, 2009.1€ -an
employee eleets not to be eever-ed by fnediM insufanee the City will pr-evide an
additional $46.15 per-payperiodr r a total of $71.15per-payperiodto the
er!r..e!!e...NONews" =71
27.6 Dtb-ing the tefm ef this MOU, the City and AFSGME will meet and eenfef evef
whether- te adopt a eafetefia plan, and if so, then evef its tefffis. it is the ti -Y's
intent to examine en a eity wide basis possible adeption of a eafeter-ia plan.
Meeting evef this issue may be. eVA-Rdueted- beasivet-aff the City and a eealition of City
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ARTICLE XXVIII– PUBLIC EMPLOYEES RETIREMENT SYSTEM
28.1 The City agrees to provide the following PERS retirement program and to pay the e
mployers cost:
b)a)—PERS "2.09% at 55" full formula retirement benefits plus the
following additional options:
cob) The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 50%
benefit (Section 21298)
4)c) Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement. (Section 21382.4).
d Post-retirement Survivor Allowance which provides a surviving
spouse with an allowance upon the event of death after retirement.
(Section 21263 and Section 21263.1 and 21263.3)
4 Credit for unused sick leave which provides additional service credit
for unused accumulated sick leave at time of retirement. (Section
20862.8
fl Military Service Credit as Public Service (Section 21024).
l)g) Final retirement compensation based on the average monthly pay
during the highest 36 consecutive months of service.
4h) 50% survivor continuation in the event of death after retirement.
28.2 On July 6, 1991, in lieu of any other salary adjustments which otherwise may have
been agreed upon in this unit, the City agreed to pay into each employee's P.E.R.S.
account 7% of the employee's base salary.
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ARTICLE XXIX— SICK LEAVE CONVERSION
29.1 For all unused sick, a represented employee with ten years of employment with the
City will receive medical coverage upon retirement (but not upon resignation or
termination) using one of the following options:
Option #1— CONVERSION
After ten years of employment with the City, 50% of the represented
employee's unused sick leave shall be converted to months of medical
insurance as adjusted herein. For each year that an employee has been
employed by the City in excess of ten years, the employee shall be entitled
to add 2 '/z% to the 50% before converting the unused sick leave to months
of insurance.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS
OF UNUSED SICK LEAVE.
1800 - 8 X 75% - 12 = 14.06 YEARS OF COVERAGE
The amount of the premium paid shall be the same as the premium paid by
the City at the time of retirement. Any differences created by an increase in
premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase
medical insurance for the same period as if the employee had not died.
Option #2 — BANK
50% of the dollar value of sick leave will be placed into a bank to be used
for medical insurance premiums for the employee and dependent(s). For
each year that an employee has been employed in excess of 10 years, 2 '/z %
will be added to the 50% before valuing the size of the bank. Each hour of
sick leave is valued at $20.00.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS
OF UNUSED SICK LEAVE (MULTIPLICATION FACTOR - $20.00).
1800 x 75% X $20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance is gone.
In the event the retiree dies the remaining bank will be reduced by 50% and
the surviving dependent(s) may use the bank until the balance is gone.
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Option #3 — CASH OUT
A retired employee may choose to receive a cash settlement for unused sick
leave at the rate of $.30 on the dollar. Under this provision, employee's sick
leave balance at the time of retirement shall be converted to dollars at the
employee's current rate of pay.
29.2 In the event an active employee dies before retirement and that employee is vested
in the sick leave conversion program, the surviving spouse will have an interest in
one-half the value of the Bank option as calculated in section 29.1.
29.3 Employees selecting option #1 or #2, who retire on a service retirement shall have
the option of purchasing, at the employee's cost, additional medical insurance
sufficient to reach age 65.
29.4 Out of area retirees may receive reimbursement for medical insurance premiums up
to the City liability as specified in Section 29.1 of this Article.
29.5 The City agrees to modify its contract with PERS to add credit for unused sick
leave per Government Code Section 20862.8. This benefit is available to all
employees regardless of the date hired; however, it is the only sick leave conversion
benefit available to employees hired after July 1, 1995. It is agreed that eight hours
equal one day for purposes of determining day creditable. If an employee opts to
utilize the provisions of any section of Article 29 other than 29.5, the City will
report to PERS they have zero hours of unused sick leave.
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ARTICLE XXX— TUITION REIMBURSEMENT
30.1 Tuition Reimbursement will be provided as stated in the City's Tuition
Reimbursement Policy Dated July 1, 2003. If the Fire and Mid -Management
units both accept a lower amount than the current amount, AFSCME will
accept the new amount effective upon ratification by the City.
30.2 In the event that future changes in classification specifications require that
certificates or other educational standards be implemented, the AFSCME reserves
the right to negotiate wage adjustments for affected classifications.
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ARTICLE XXXI — VISION INSURANCE
31.1 The City agrees to provide a vision care plan equivalent to the VSP Plan B with a
$25.00 deductible for the employee and dependents. The entire premium shall be
paid by the City.
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Chapter 4. Association/City Issues
ARTICLE XXXII — CHANGES IN MEMORANDUM
32.1 The parties agree to reopen this Memorandum and to renew meeting and conferring
on the subjects set forth herein during the term of this Memorandum only in the
event that any provision of this MOU is modified by statue, applicable regulation or
by order of Court in such a way as to affect either the employees or the City. In
such event, all remaining provisions of the MOU shall continue in full force and
effect unless and until they are also modified by statue, applicable regulation, order
of Court, or agreement of the parties.
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ARTICLE XXXIII — CITY RIGHTS
33.1 It is further understood and agreed between the parties that nothing contained in this
MOU shall be construed to waive or reduce any rights of the City, which include by
but are not limited to the exclusive rights to:
Determine the mission of its constituent departments, commissions, and
boards; to set standards of service.
Determine the procedure and standards of selection for employment; to
direct its employees.
Maintain the efficiency of governmental operations.
Determine the methods, means and personnel by which government
operations are to be conducted.
Take all necessary actions to carry out its mission in emergencies.
Exercise complete control and discretion in the technology of performing its
work.
City rights also include the right to determine the procedures and standards
of selection for promotion, to relieve employees from duty because of lack
of work or other legitimate reasons, to take disciplinary action, and to
determine the content of job classifications; provided, however, that the
exercise by the City of the rights in this section does not preclude employees
or their recognized employee organizations from filing grievances regarding
the practical consequences that decisions afe on such matters may have on
wages, hours or other terms and conditions of employment.
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE XXXIIV — DEMOTION AND LAYOFF
34.1 34.1The classification of Maintenance Worker in the Parks & Recreation or
Public Works Department will be "Y" rated if an employee is involuntarily
transferred or demoted between departments as a result of a reduction in force.
34.2 Bar ag ining unit has the abilitogppeal a layoff decision made by Human
Resources to the City Manager.
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ARTICLE XXXV — EMPLOYEE REPRESENTATION
35.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered
into between representatives of the City of Lodi (hereinafter referred to as "City")
and representatives of Association of Lodi City Employees (hereinafter referred to
as "AFSCME"), for the Maintenance and Operators Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
results of meeting and conferring in good faith as contemplated by Sections 3500 et
seq. of the Government Code of the State of California, and further acknowledge
and agree that all matters upon which the parties reach agreement are set forth in
this MOU. Except as specifically modified by this MOU, all existing benefits
currently being furnished to employees and all existing terms and conditions of
employment are to continue in effect unless and until the parties meet and confer
regarding a change in such existing benefits, terms or conditions of employment.
The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by AFSCME. Those classifications are as
follows:
• Facilities Maintenance Worker
• Chief Wastewater Plant Operator
• Fleet Services Supervisor
• Equipment Service Worker
• Facilities Supervisor
• Heavy Equipment Mechanic
• Laboratory Services Supervisor
• Laboratory Technician I
• Laboratory Technician II
-rte
• Lead Equipment Mechanic
• Maintenance Worker I
• Maintenance Worker II
• Park Maintenance Worker I
• Park Maintenance Worker II
• Park Maintenance Worker III
• Park Supervisor
• Parts Clerk
• Plant and Equipment Mechanic
• Senior Facilities Maintenance Worker
• Sr. Plant and Equipment Mechanic
• Stage Technician
• Street Maintenance Worker III
• Street Supervisor
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• Street Cleanup Wer-ker-4
• Tree Operations Supervisor
• Wastewater Plant Operator I
• Wastewater Plant Operator II
• Environmental Compliance Inspector
• Water/Wastewater Maintenance Worker III
• Water/Wastewater Supervisor
• Welder — Mechanic
35.2 The City shall grant dues deduction to City employees who are members of the
AFSCME in accordance with the terms and conditions set forth in Section 4, Rule 2
of City of Lodi Resolution No. 3344 entitled, "Adopting Rules and Regulations to
Implement Provisions of the Employer -Employee Relations Resolution."
35.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
Union Membership — All employees covered by this Agreement shall, as a condition of
employment, become and remain members of the UNION within 30 days of employment
in a covered job classification. The CITY will inform all new hires and employees
promoting into the bargaining unit of the existence of this Collective Bargaining
Agreement and the requirement to become and maintain membership in the UNION. A
UNION Officer, or designee, will be notified within 10 business days and afforded time to
meet with any employee entering the bargaining unit in order to conduct a UNION
Orientation Meeting.
In the event an employee covered by this Agreement fails to apply for, or maintain their
membership in the UNION, or reinstate themselves into membership in good standing, the
UNION may give the CITY written notice of the fact and request that the employee be
suspended or terminated from employment. In such event, the CITY shall suspend or
terminate the employment of said employee, as requested, within 15 business days of
receipt of the notice.
Fair Share Donation — Any employee who is a member of a bona fide religion, body, or
sect who has historically held conscientious objections to joining or financially supporting
public employee organizations shall not be required to join or financially support the
UNION. Such employee shall, in lieu of Agency Shop Fees, pay sums equal to said
amount to a non -religious, non -labor United Way charitable organization exempt from
taxation under Section 501 c (3) of the Internal Revenue Code, which has been selected by
the UNION from the local United Way. Payments shall be made by payroll deduction as a
condition of continued exceptions from the requirements of financial support to the
UNION and as a condition of continued employment. Disputes regarding the application
for this provision, by employees, shall be subject to arbitration.
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Membership status shall remain in effect for the duration of this Agreement except that an
employee may change his or her status from UNION member not more than 90 days or less
than 60 days prior to the expiration of this Agreement. An employee changing his or her
membership status shall submit the appropriate form to the UNION. Thereafter, the
UNION will notify the CITY of the change and the appropriate notation shall be made to
the employee's record and/or payroll deduction.
The CITY shall provide the UNION, on a monthly basis, the name, home address and
department, division or work unit of employees entering or leaving a job classification
covered by this Agreement. Employees leaving or reentering employment from Military
Leave will be noted.
Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each
member of the UNION covered by this Agreement, who authorized such deductions in
writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5
business days prior to the end of the pay period an alphabetical list of employees belonging
to the UNION. The list shall contain the amount of payroll deduction for each employee
listed. The CITY agrees to remit to the UNION on a bi-weekly basis the aggregate
amount of deductions shown on the list furnished by the UNION. A copy of the Check Off
Authorization Form signed by each employee shall be submitted by the UNION to the
CITY.
Payroll deductions shall be limited to the following choices:
Union Membership Dues
Agency Shop Fees
AFSCME Voluntary Political Action Check Off (PEOPLE)
Fair Share donations to the United Way Campaign
Fair Share donations are limited to employees with religious objections.
The Union will comply with its legal obligation regarding the administration of this
section.
Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any
and all costs or legal action, which may be caused, or result from the CITY'S compliance
with this Article.
35.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subject to the operating needs of the City. Requests for such use shall be made
in advance to the appropriate department head managing the facility or designee and shall
include the date, location, time and general purpose of such meeting. The City may
establish reasonable regulations governing the use of such facilities.
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35.6 No City employee or applicant for employment shall be discriminated against in
any aspect of employment because or race, national origin, ancestry, color, religious or
political opinions or affiliations, union affiliation, age, sex or disability.
35.7 The City and AFSCME agree and understand that if any section of the MOU in any
way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor
of the MOU language. If the MOU is silent on any issue, the applicable document
is controlling.
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ARTICLE XXXVI — GRIEVANCE PROCEDURE
36.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretation or application of any of the terms and
conditions of this MOU, letters of understanding, formal interpretations and
clarification executed by the AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application, or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matters of discipline which includes demotion, suspension or
discharge.
As used in this procedure, the term "party" means an employee, the AFSCME, the
City or the authorized representative of any party. The employee is entitled to
representation through all steps in the grievance procedure.
36.2 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
a. Interpretation or application of any of the terms of this agreement, including
Exhibits thereto, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension or discipline of an individual employee.
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
d. Disputes which may be of a "class action" nature filed on behalf of the
AFSCME or the City. Class action grievances shall be in writing from the
AFSCME to the City Manager or vice versa.
36.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work days of the date of the action complained of, or the date the
grievant became aware of the incident which is the basis of the Grievance.
35.4 STEP TWO: If a grievance has not been resolved in initial step, a written
statement signed by the Grievant shall be presented to the department head which
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shall include the action being grieved and the desired remedy. A discussion shall
then take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall be
taken within fifteen (15) work days from the date of the answer in Step One.
36.5 STEP THREE: If a grievance is not resolved in Step Two, Step Three shall be the
presentation of the Grievance, in writing, by the employee or his/her representative
to the City Manager, who shall answer in writing within fifteen (15) work days of
receipt of the Grievance. This Step shall be initiated within fifteen (15) work days
of the date of the answer in Step Two.
36.6 STEP FOUR: If a grievance is not resolved by the City Manager, arbitration shall
be the final level of appeal for the grievances and discipline. It is agreed by both
parties that the decision of the arbitrator is binding and final on both parties and that
if this procedure is utilized all other avenues of appeal are waived. If arbitration is
chosen the City must be notified within fifteen (15) work days of the City
Manager's decision.
Within ten (10) working days after the request for arbitration is received by the City
or at a date mutually agreed to by the parties, the parties shall meet to select an
impartial arbitrator. If no agreement is reached at this meeting, the parties shall
immediately and jointly request the State Conciliation and Mediation Service to
submit to them a panel of five (5) arbitrators from which the City and the AFSCME
shall alternately strike names until one (1) name remains; this person shall be the
arbitrator. If the State Conciliation and Mediation Service cannot provide a list of
five (5) arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as possible, the
following guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
C. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court reporter
required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
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stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a joint letter, the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she determines
irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limited to those determined by the arbitrator
to have a direct connection with the appeal. Witnesses normally would be
present at the hearing only while testifying and should be permitted to
testify only in the presence of the employee or his/her representative and the
employer's representative.
i. The arbitration hearing will be held on the employer's premises.
The cost of arbitration shall be borne equally by the parties. However, the
cost, if any, of cancellation or postponement shall be the financial
responsibility of the party requesting such delay unless mutually agreed by
the parties.
The decision, opinion, or award shall be based on the record developed by the
parties before and during the hearing. The decision will be in writing and shall
contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of the
MOU or the written ordinances, resolutions, rules, regulations and procedures of the
City, nor shall he/she impose any limitations or obligations not specifically
provided for under the terms of the MOU. The arbitrator shall be without power or
authority to make any decision that requires the City of management to do an act
prohibited by law.
The arbitrator has no power to add to a disciplinary action.
36.7 Failure by either party to meet any of the aforementioned time limits as set forth in
Section 36.3, 36.4, 36.5, or 36.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
36.8 Employees may have documents (other than performance reports) relating to
absenteeism and disciplinary actions removed from their personnel files if the
incident prompting the action took place twenty-four (24) months or more previous
and no incident of a similar nature has occurred in the interim.
36.9 36TAn employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
36.10 Only AFSCME may appeal a grievance to arbitration.
46
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XXXVII — MUTUAL CONSENT CONTINGENCY
37.1 This MOU may be amended any time during its life upon the mutual consent of the
City and AFSCME. Such amendment must be in writing and attached to all
executed copies of this MOU.
47
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XXXVIII— NO STRIKES
38.1 The represented employees agree that they shall not strike, withhold services,
engage in "slow downs" or "sick -ins", or participate in any other concerted activity
which adversely affects job performance or City services during the term of this
MOU.
48
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XXXVIX — PROBATIONARY PERIOD
39.1 All appointments to positions in the classified service shall be subject to a
probationary period of 12 continuous months of service. The probationary period
shall be regarded as an integral part of the examination process and shall be used to
closely observe the employee's work for securing the most effective adjustment of
an employee to his or her new duties, assignments and responsibilities in his or her
new position and for rejecting any probationary employee whose performance does
not meet required work standards. If the service of the employee is deemed to be
unsatisfactory, the employee shall be notified that he or she has not satisfactorily
completed probation.
39.2 During the probationary period, all new hires shall nave all the rights and privileges
afforded to other employees, except:
a) Vacation Leave — See Article XX for vacation schedule.
b) The use of the Grievance Procedure to grieve termination.
C) The City and the employee may mutually agree to extend the probationary
period for not more than 6 months. The AFSCME shall be notified of all
extensions.
39.3 In the even an employee is promoted and is rejected by the appropriate department
head, he or she shall be reinstated to the position which he or she was promoted.
The seniority and status of a rejected candidate shall continue as before.
49
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XL — PROMOTION
40.1 The City and AFSCME mutually agree it is good personnel practice to make every
effort to promote from within, consistent with the best interest of the City.
50
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XLI — SENIORITY
41.1 Seniority is defined as the total length of continuous service with the City.
Continuity of service shall not be broken and seniority shall accrue when an
employee is:
a) inducted, enlists, or is called to active duty in the Armed Forces of the
United States or service in the Merchant Marine under any Act of Congress
which provides that the employee is entitled to re-employment rights,
b) on duty with the National Guard,
C) is absent due to industrial injury,
d) on leave of absence, or
e) absent due to layoff for a period of less than twelve (12) consecutive
months.
51
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XLII — SHOP STEWARDS
42.1 The AFSCME agrees to notify the City in writing as to the appointment of all shop
stewards. Shop stewards shall be required to work full time in their respective
classifications and shall not interrupt the work of other employees. A steward may,
with reasonable notice and the approval of his or her supervisor, leave the job
during working hours for reasonable period to investigate pending grievances and
to take part in the Grievance Procedure. However, no steward shall leave the job
while his or her presence is necessary in the judgment of his or her supervisor for
the safe conduct and efficiency of the operations in which he or she is engaged.
52
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XLIII— STATUS
43.1 Employees shall be designated as regular, probationary, or temporary, depending
upon the purpose for which they are hired and their length of continuous service
with the City.
a) A regular employee is defined as an employee who has twelve (12) months
or more service with the City in full time employment, except as provided
for in the Rules for Personnel Administration Article XI (Probationary
Period).
b) A probationary employee is defined as an employee hired for a full time
position that has been regularly established as an authorized position and is
of indeterminate duration. A probationary employee shall receive not less
than the minimum rate for the job and shall be eligible for sick leave pay,
vacation pay, holiday pay, retirement plan participation, insurance coverage
and items of a similar nature, as he or she becomes eligible, but shall be
given preferential consideration for promotion or transfer or be eligible for a
leave of absence. Upon completion of twelve months of continuous full
time service with the City, a probationary employee shall be given the status
of a regular employee.
C) A temporary employee is an employee hired on a full time basis to
temporarily fill a full time position (at least 32 hours per week). Temporary
employees shall attain regular status after being employed for twelve (12)
continuous months.
53
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XLIIV — TERM
44.1 The terms and conditions of this MOU shall continue in effect until such time as
they are superseded by a signed agreement/MOU between the City of Lodi and
AFSCME. The term of this MOU shall cover the period from July 1, 2008 to
December 31, 2010.
54
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
ARTICLE XLV— UNION LEAVE
45.1 Whenever any employee is absent from work as a result of a formal request by the
AFSCME to send an employee to school to be involved in Association business, the
City shall pay for all regular time lost and shall be reimbursed therefore by the
AFSCME at the rate of one hundred and fifty percent (150%) of the employee's
regular wage rate.
45.2 The City agrees to provide office and storage space to the AFSCME for association
materials.
55
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
EXHIBIT A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Salary Schedule Effectivemy 1°� th,2004
56
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
EXHIBIT B
INCENTIVE PAY SCHEDULE
Minimum Grade Level
Industrial Waste Inspector Certification to Earn Incentive
(CWEA-4 Grade Levels)
• Laboratory Technician I & II I
• Water/ Wastewater Supervisor I
• Chief Wastewater Plant Operator I
• Laboratory Services Supervisor III
• Environmental Compliance Inspector III
Minimum Grade Level
2. Laboratory Analyst Certification to Earn Incentive
(CWEA or AWWA — 4 Grade Levels)
• Laboratory Technician I I
• Laboratory Technician II II
• Wastewater Plant Operator I & II I
• Environmental Compliance Inspector II
• Chief Wastewater Plant Operator II
• Laboratory Services Supervisor III
Minimum Grade Level
3. Mechanical Maintenance Certification to Earn Incentive
(CWEA — 4 Grade Levels)
• Plant and Equipment Mechanic
II
• Wastewater Plant Operator I & II
I
• Water/ Wastewater Maintenance Worker I, II, III
II
• Chief Wastewater Plant Operator
II
• Sr. Plant and Equipment Mechanic
III
• Water/ Wastewater Supervisor
II
Minimum Grade Level
4. Sewer Collection Maintenance Certification to Earn Incentive
(CWEA — 4 Grade Levels)
• Laborer, Maintenance Worker I & II I
(Streets or Water/ Wastewater)
• Maintenance Worker III II
(Streets or Water/ Wastewater)
• Plant and Equipment Mechanic II
• Sr. Plant and Equipment Mechanic II
• Street Supervisor, Water/ Wastewater III
Supervisor
57
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
Minimum Grade Level
5. Wastewater Treatment Plant Opr. Certification to Earn Incentive
(CSWRCB — 5 Grade Levels)
• Wastewater Plant Operator I II
• Wastewater Plant Operator II III
• Chief Wastewater Plant Operator IV
Minimum Grade Level
6. Water Distribution Operator Certification
to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer, Maintenance Worker I, II
• Laborer ( Water/ Wastewater)
I
• Maintenance Worker I, II, III (W/WW)
II
• Laboratory Services Supervisor
II
• Environmental Compliance Inspector
II
• Plant and Equipment Mechanic
III
• Sr. Plant & Equipment Mechanic
III
• Water/ Wastewater Supervisor
III
Minimum Grade Level
7. Water Treatment Plant Opr. Certification to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer, Maintenance Worker I, II
I
(Water/ Wastewater)
• Maintenance Worker III
II
(Water/ Wastewater)
• Laboratory Services Supervisor
II
• Environmental Compliance Inspector
II
• Plant and Equipment Mechanic
III
• Sr. Plant and Equipment Mechanic
III
• Water/ Wastewater Supervisor
III
8. Qualified Applicators Certificate
(State of California)
• Street Supervisor
• Parks Maintenance Worker III
• Parks Supervisor
• Streets Maintenance Worker III, II, I & Laborer
• Wastewater Plant Operator (1)
• Senior Facilities Maintenance Worker (Parks & HSS)
58
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
Pest Control Advisor License
(State of California)
• Street Supervisor
• Parks Supervisor
• Parks Maintenance Worker I, II, III
• Street Maintenance Worker I, II, III
Notwithstanding the provisions of Article 3, the amount for the Pest Control Advisor
License incentive will be $50 per month.
59
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
EXHIBIT C
INCENTIVE PAY FOR EQUIPMENT MAINTENANCE EMPLOYEES
Mechanic Qualifications Smog Certificate issued by Bureau of Automotive Repair
(BAR) (certificate must be current, valid, unlimited)
$50.00
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Class A Brake Adiustment License issued by BAR
$25.00
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Class A Lamp Adjustment License issued by BAR
$12.50
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Aluminum Welding Proficiency Certificate
$12.50
(From a State certified welding instructor approved by the City)
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
60
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-2W62008-2010
Automotive Service Excellence Technician Certifications $25.00/$50.00
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
The maximum incentive pay for Equipment Maintenance personnel shall be $47250.00 per
month.
Automotive Service Excellence Technician Certifications Incentive
(Only courses listed below will qualify towards ASE incentive)
A-1
Engine Repair
A-2
Automatic Transmission/Transaxle
A-3
Manual Drive Train & Axels
A-4
Suspension & Steering
A-5
Brakes
A-6
ElectricaU Electronic Systems
A-7
Heating & Air Conditioning
A-8
Engine Performance
F-1 Light Vehicle Compressed Natural Gas
H-2 Transit Bus: Diesel Engines
H-3 Transit Bus: Drive Train
H-4 Transit Bus: Brakes
H-5 Transit Bus: Suspension and Steering
H-6 Transit Bus: Electrical/Electronic Systems
H-7 Transit Bus: HVAC
P-1 Med/Hvy Truck Dealership Parts
P-2 Automobile Parts
P-3 Truck Aftermarket Brake parts
P-4 General Motors Parts Consultant
P-9 Truck Aftermarket Suspension and Steering Parts
T-1 Med/Hvy Truck: Gasoline Engines
T-2 Med/Hvy Truck: Diesel Engines
T-3 Med/Hvy Truck: Drive Train
T-4 Med/Hvy Truck: Brakes
T-5 Med/Hvy Truck: Suspension & Steering
T-6 Med/Hvy Truck: Electrical/ Electronic Systems
61
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
T-7 Med/Hvy Truck: Heating, Ventilation, & A/C
T-8 Med/Hvy Truck: Preventive Maintenance Inspection
62
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-2W62008-2010
EXHIBIT D
4-10 WORK PLAN FOR EQUIPMENT MAINTENANCE PERSONNEL
1. Daily work hours are 7:00 am to 5:30 pm with a''/z hour lunch or as otherwise
established.
2. Mechanics will work Monday through Thursday or Tuesday through Friday for
ten hours each day.
3. When requesting days off for vacation and holidays, or a day off for sickness, the
charged time off is ten hours.
Floating holidays and fixed holidays are based on eight hours off. To use floating
holidays, an employee must use an additional two hours of accumulated time
(vacation or comp time) or take a two hour leave without pay.
4. During the week of a fixed holiday, all employees will be scheduled to work eight
hours a day for the remaining four days, from 8:00 am to 4:30 pm with a'h hour
lunch unless other arrangements are approved by the department.
5. The ten-hour day, four-day week plan will not affect existing City personnel
policies in effect as to earning vacation, sick leave, floating holidays, or wages.
6. When one or more employee(s) is on vacation, floating holiday, or sick leave, the
work schedule of other personnel shall be flexible to allow changing the normal
work week around to provide improved coverage and supervision. When a
schedule change is required, notification shall be made as soon as possible.
Occasional work loads may require temporary schedule changes (i.e., leaf season),
for which 24 hour notice, minimum, will be given.
7. It is assumed that in taking a floating or fixed holiday, that it is the employee's
choice to use vacation for the additional two hours unless specific request is made
to use comp time or take leave without pay.
8. Pay checks will be issued on the Thursday before a payday to staff regularly
scheduled off on Fridays. Personnel who work on Fridays will be issued paychecks
as usual.
11011�7:�:�:�:/
63
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
12/1/08 2004-20"2008-2010
EXHIBIT E
1. AFSCME and the City of Lodi agree to conduct a new classification review of the
Environmental Compliance Inspector job description. A comprehensive
classification study will be done. If as a result of the study, a new classification is
created, a new salary will be created. This shall be done as -soon -as -possible. The
results shall be effective retroactive to December 8, 2008.
2. AFSCME and the City of Lodi agree to conduct a new classification review of the
Senior Storm Pump Mechanic job description. A comprehensive classification
study will be done. If as a result of the study, a new classification is created, a
new salary will be created. This shall be done as -soon -as -possible. The results
shall be effective retroactive to December 8, 2008.
3. AFSCME and the City of Lodi agree to conduct a classification review of the
Maintenance Worker 11 (Traffic and Sign Making Specialist). A comprehensive
classification study will be done. If as a result of the study, a new classification
is created, a new salary schedule will be created. This shall be done as -soon -as -
possible. The results shall be effective retroactive to December 8, 2008.
4. AFSCME and the City of Lodi agree to conduct a classification review of the
Welder/Mechanic at the Parks and Recreation Department. A comprehensive
classification study will be done. If as a result of the study, a new classification
is created, a new salary schedule will be created. This shall be done as -soon -as -
possible. The results shall be effective retroactive to December 8, 2008.
5. AFSCME and the Citv of Lodi aeree to conduct a classification review of the
Parts Clerk at the Public Works Department. A comprehensive classification study
will be done. If as a result of the study, a new classification is created, a new
salary schedule will be created. This shall be done as-soon-as-vossible. The
results shall be effective retroactive to December 8, 2008.
64
12/10/08
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
GENERAL SERVICES UNIT
July 1, 2008 —December 31, 2010
EXHIBIT B
MOU — CITY OF LODI AND AFSCME
12/10/08
TABLE OF CONTENTS
GENERAL SERVICES UNIT
CHAPTER 1— SALARIES AND OTHER COMPENSATION
2008-2010
Pe #
Article I
Salary 4
Article II
Compensatory Time 5
Article III
Court Appearances 5
Article IV
Deferred Compensation 6
Article V
Education Incentives 6
Article VI
Flexible Spending 6
Article VII
Mileage Compensation 6
Article VIII
Overtime 7
Article IX
Temporary Upgrade 8
Article X
Tools and Uniform Allowance 8
Article XI
Tuition Reimbursement 9
Article XII
Workers' Compensation 9
CHAPTER 2 — LEAVES
Article XIII
Administrative Leave
10
Article XIV
Catastrophe Leave
10
Article XV
Funeral Leave
11
Article XVI
Holidays
11
Article XVII
Leave of Absence
12
Article XVIII
Sick Leave
13
Article XIX
Vacation Leave
13
CHAPTER 3 — INSURANCE AND RETIREMENT
Article XX
Article XXI
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
CHAPTER 4 — SAFETY
Article XXVIII
Chiropractic
Dental Insurance
Life Insurance
Long Term Disability
Medical Insurance
PERS
Sick Leave Conversion
Vision Insurance
Safety/Safety Boot Provisions
CHAPTER 5 — WORK HOURS, SCHEDULES, MEALS
Article XXIX Hours
Article XXX Meals
2
14
14
14
15
15
16
17
18
18
20
20
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
CHAPTER 6 — ASSOCIATION / CITY ISSUES
Article XXXI
Association Leave
21
Article XXXII
Changes in Memorandum
21
Article XXXIII
City Rights
22
Article XXXIV
Employee Representation
22
Article XXXV
Grievance Procedure
24
Article XXVI
Mutual Consent Contingency
27
Article XXXVII
No Strikes
27
Article XXXVIII
Probationary Period
28
Article XXXIX
Promotion
28
Article XL
Seniority
29
Article XLI
Shop Stewards
29
Article XLII
Status
29
Article XLIII
Term
30
Attachment A — Salary Schedule effective' ''�3
Attaehmeat B Dellarste be added te salai=y sehedWe e€feetive7/1,104
Attachment C — Classification Review
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
City of Lodi
And
AFSCME - General Services Unit
2009-2010
2008-2010
Chapter 1 - Salaries and Other Compensation
ARTICLE I — SALARY
Effective December 8, 2008, employees shall receive an adjustment of 3% wage
increase.
Effective the first period in which July 1, 2009 falls, employees will receive a
cost of living adjustment based upon the consumer price index (CPI -V), San
Francisco -Oakland -San Jose. The increase will be norg eater than 3%. If the
City of Lodi General Fund Revenues for the period 07/01/08 to 06/30/09, as
reflected in the Comprehensive Annual Financial Report, do not show
revenue increases of at least 1% from the previous fiscal year (using fiscal
year audited financial statements) then AFSCME and the City of Lodi will
reopen negotiations with regard to cost of living adjustments.
1.3 The City and AFSCME agree to meet and confer on benchmarks and what
benefits and compensation to be used in the next survey conducted in 2010.
1.4 The City and AFSCME shall conduct a comprehensive salary, benefits and
compensation survey of the fifteen cities listed in section 1.5. Salaries will be
based upon the salary in effect as of 7'000 July 1, 2010. The City also agrees
that the survey will be completed by "�TSeptember 1, 2010.
1.5 The fifteen cities to be surveyed are as follows:
Chico
Clovis
Davis
Fairfield
Merced
Manteca
ModestoReddin
._
.�
1.3 The City and AFSCME agree to meet and confer on benchmarks and what
benefits and compensation to be used in the next survey conducted in 2010.
1.4 The City and AFSCME shall conduct a comprehensive salary, benefits and
compensation survey of the fifteen cities listed in section 1.5. Salaries will be
based upon the salary in effect as of 7'000 July 1, 2010. The City also agrees
that the survey will be completed by "�TSeptember 1, 2010.
1.5 The fifteen cities to be surveyed are as follows:
Chico
Clovis
Davis
Fairfield
Merced
Manteca
ModestoReddin
Roseville
Stockton
Trac
Turlock
4
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
VacavilleVisalia Woodland
2008-2010
...
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-
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MMEN-M-9711111•
..
.�
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MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE II — COMPENSATORY TIME
2008-2010
2.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be at the appropriate rate for overtime worked.
2.2 The decision to elect- compensatory time or overtime pay may be made each time
overtime is worked.
2.3 No more than one hundred fort,, f�(144) 80 hours of compensatory time may
be carried on the books at any time.
2.4 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
2.5 Upon separation, the employee will be paid at the employee's current hourly rate
of pay or the average of the last three years, whichever is higher, for the
remaining compensatory balance.
6
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE III — COURT APPEARANCES
2008-2010
3.1 Employees summoned by a court for jury duty shall be granted jury duty leave
with pay and may keep any jury duty compensation received. Voluntary grand
jury service such as that service in San Joaquin County is not covered by jury
duty leave.
3.2 If jury duty attendance is less than one-half of a normal working day, the
employee is expected to return to work.
3.3 Employees assigned to shift work shall not be scheduled for regular work during
the 12 hours preceding the scheduled time for jury duty.
3.4 If an employee has had jury duty of six hours or more during a 16 hour period
immediately preceding the beginning of or following the end of his/her regular
work hours on a work day, he/she will be given a rest period of six consecutive
hours.
3.5 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half time his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employees, the Department Head designee must be notified in writing of the off
duty appearance within seventy two hours after the employee is subpoenaed or
otherwise notified of the required court appearance.
7
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE IV — DEFERRED COMPENSATION
2008-2010
4.1 The City shall match contributions by General Services employees to a deferred
compensation program up to a maximum of 3.0% of the employee's salary.
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE V — EDUCATION INCENTIVES
5.1 Employees in sub professional engineering positions having the following
certificates will receive an additional $23.08 per pay period:
*-Engineer in Training
04Land Surveyor in Training
(-2}Land Surveyor
5.2 Employees designated by the Department Head and approved by the City
Manager who have passed a bilingual proficiency examination administered by
the City shall receive a monthly bilingual supplement of $73150.00. The City
Manager has the discretion in determiningt,guages that will be reco ngnized.
W
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE VI — FLEXIBLE SPENDING ACCOUNT
2008-2010
6.1 The City will maintain a "flexible spending account' to conform to IRS
regulations to be used for premium contributions, dependent care and/or un -
reimbursable medical payments for unit members.
10
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE VII — MILEAGE COMPENSATION
Zoos -2010
7.1 Employees using their personal automobile for City business, with their
department head's approval, shall receive mileage compensation equal to that
allowed by the Internal Revenue Service. City business does not include
transportation to and from work or call backs due to emergencies.
Allowance increases shall be effective the first day of the month following the
determination of an increase by the IRS.
11
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE VIII — OVERTIME
2008-2010
8.1 Overtime work paid at the time and one half rate, is work performed by an
employee outside his or her regular work hours, and includes time worked:
a -.In excess of forty (40) hours in a work week.
bJn excess of eight (8) hours in a work day.
ETime worked outside of regular hours of work on a work day unless notification
has been made in accordance with Section 29.1 and 29.2.
d Time worked on a non -work day.
Time worked on a holiday will be paid at time and one-half rate.
Overtime work paid at the double time rate is work performed in excess of twelve
(12) hours, between 12 midnight and 12 midnight on any given day, or for any
hours between the hours of 12 midnight and 6:00 a.m.
Hours worked on a holiday, as part of an employee's regular work schedule shall
be compensated as above, plus regular straight time pay.
8.2 Employees who are required to report for prearranged work on their non -work
days or holidays, shall be compensated at the overtime rate for actual hours
worked, but in no event shall they be paid for less than three (3) hours.
8.3 REST PERIOD
If an employee has worked for six (6) hours or more at the overtime rate during
the sixteen (16) hour period immediately preceding the beginning of his or her
regular work hours, on a work day, he or she shall be given a rest period of six (6)
consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
8.4 Compensation paid to employees called out in emergency situations, outside their
regular work hours, shall be a minimum of three (3) hours pay at the overtime
rate. Additional call outs, during that day, shall be compensated at the overtime
rate for actual hours worked with a one hour minimum. Only one call out
between the hours of 12:00 o'clock midnight and 12:00 o'clock midnight shall be
compensated at the minimum three hour period.
8.5 When, at the request of the Supervisor in charge, and employee reports for
prearranged overtime:
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
2008-2010
2-20n work days outside of regular work hours, shall be paid overtime
compensation for actual worked time in connection therewith, provided
however, that if any such employee continues to work into regular work
hours, shall be paid overtime compensation only for actual work time up
to regular work hours.
240n non -work days or on holidays, shall be paid overtime compensation for
actual work time in connection therewith.
For the purpose of this Section, prearranged overtime work is deemed to
be work for which advance notice has been given by the end of preceding
work period on a work day.
8.6 Those employees (Animal Services Supervisor) serving on an on-call basis shall
be compensated $25.00 per week..
13
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE IX — TEMPORARY UPGRADE
Any General Services employee who is assigned to a higher classification than their
regular classification shall receive a 10% wage increase while in this status.
However, in no event shall the Lipgrade pay per hour exceed the "E" step of the
classification to which the employee is temporarilyupgraded. This provision
shall only poly when such time worked is mefe4haa 8 hours or more in the
assigned higher classification and shall be retroactive to the be ig ening of the 8
hour period.assignea to du4ies and sibil .;es of ,, higher- elass;fiea4ien f
thfee (3) of more eenseetAive days will be eempeasnied 0 above the salafy
14
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE X — TOOLS AND UNIFORM ALLOWANCE
The City agrees to provide all necessary uniforms and safety equipment for the
following classifications in the General Services Unit:
Administrative Clerk — Community Improvement
Animal Services Supervisor A
ziiriaiiri i�irtf-Arnvfii6er Y" ss4istatTAnimal elServices Officer
Community Improvement Officer UII
Field Services Representative
Meter Reader
Parking Enforcement Assistant
Police Records Clerk UII
Police Records Clerk Supervisor
Senior StorekeeperARryer
Storekeeper
Supervising Code/Community Improvement Officer
Quarterly uniform allowances of 150 shall be provided to the following General
Services classifications:
Administrative Clerk — Community Improvement Q'--
—0 ffiser--moo
''4�Animal ContrelServices Officer -4t50
• Animal Services Supervisor
• Community Improvement Officer UII
• Field Services Representative
29• Meter Reader -507-5
Parking Enforcement Assistant—X50:80
(Eff,ee&ve Deeember- 8, 2003.)
34-a Police Records Clerk I/II— $150
• Police Records Clerk Supervisor— X50
• Supervising Code/Community Improvement Officer--"
The uniform allowance shall be paid quarterly as part of the last bi-weekly payroll
in the months of March, June, September, and December.
264The City and the ALGI AFSCME mutually agree that the City shall purchase
appropriate foul -weather coats and boots as deemed necessary for field personnel.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XI — TUITION REIMBURSEMENT
111Tuition Reimbursement will be provided as stated in the City's Tuition
Reimbursement Policy Dated July 1, 2003. If the Fire and Mid -Management
units both accept a lower amount than the current amount, AFSCME will
accept the new amount effective upon ratification by the City.
In the event that future changes in classification specifications require that certificates or
other educational standards be implemented, the AL-C-IAFSCME reserve the right
to negotiate wage adjustments for affected classifications.
I
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XII — WORKERS' COMPENSATION
a The City and ALG1 AFSCME mutually agree that when an employee is compelled to
be absent from work due to injuries or illness arising out of and in the course of
his or her employment, the City shall pay full compensation to any represented
employee who becomes eligible for benefits under Workers' Compensation laws
for the period of the time between the injury and the first day of eligibility for
benefits. With the determination that the injury or illness is compensable in
accordance with Workers' Compensation benefit criteria, the employees upon
receiving said benefits such paid by Workers' Compensation shall also receive
compensation from the City in an amount that when added to the Workers'
Compensation payment shall equal the employees regular salary. The amount
paid by the city shall, after the period from the date of injury and date of
eligibility, be charged to the employee's sick leave account. The employee's
regular deductions shall be made from the amount paid by the City.
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MOU - CITY OF LODI AND AFSCME
12/10/08
Chapter 2 - Leaves
ARTICLE XIII — ADMINISTRATIVE LEAVE
GENERAL SERVICES UNIT
2008-2010
13.1 It is understood and mutually agreed that employees historically receiving
Administrative Leave benefits are exempt from the overtime provisions of this
Article. The classifications affected are as follows:
Junior Planner Junior Engineer D.P Programmer/Analyst
Assistant Planner Assistant Engineer Librarian I/II
Associate Planner Associate Civil Engineer
13.2 The City and AFSCME will meet and confer over the FLSA exempt/non-exempt
status of the above classifications prior to the expiration of this MOU.
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MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XIV — CATASTROPHIC LEAVE
14.1 Catastrophic Leave will be available for all unit members who by reason of
verifiable long term illness or injury exhaust all employee benefits. Catastrophic
Leave will be funded by voluntary transfers of the dollar value of accumulated
compensatory time, vacation and/or other time accumulated by the member.
Employees receiving Long Term Disability are not eligible for Catastrophic Leave
benefits.
Donations shall be converted into dollar value and shall be drawn at the requesting
employees pay step. All donations must be a minimum of four (4) hours and are
irrevocable.
EXAMPLE:
Jane Doe, Recreation Supervisor donated 8 hours of leave to Joe Smith, Laborer:
Jane Doe makes $18.99/hour $18.99 x 8 hrs = 151.92
Joe Smith makes $10.41 /hour $151.92 - $10.41 = 14.59 hours
Joe Smith will be able to utilize 14.59 hours from Jane Doe's request.
14.4 Catastrophic Leave will be administered in accordance with the Catastrophic
Leave Policy and Procedure. (See Catastrophic Leave Policy and Procedure Dated
February 5, 2003). In addition to employees, spouses and dependent children,
Catastrophic Leave may also be used for parents.
14.5 To be eligible to receive this benefit the employee must have first exhausted all
accrued time. This benefit can not be used for more that six (6) consecutive months.
14.6 An employee denied Catastrophic Leave by Human Resources may appeal to the
City Manager.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XV — FtWERA4,BEREAVEMENT LEAVE
15.1 Regular employees shall be Petted tease Rip& ]Pave, vaeatien leave, of
granted 24 hours of bereavement leave per calendar year to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel
to and from the location of the funeral.
«' working days .The immediate family shall be limited to an employee's:
spouse parent grandparent grandparent -in-law
parent -in-law child grandchild son-in-law
sister stepchild brother daughter-in-law
half-brother half-sister foster parents
or a more distant relative who was a member of the employee's immediate
household at the time of death.
-344A regular employee may use sick leave, vacation leave, or compensatory time off to
attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days for classifications in the
General Services Unit.
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MOU — CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
12/10/08
2008-2010
ARTICLE XVI — HOLIDAYS
16.1 Members of this Unit shall observe
the following holidays:
23New Years Day
January 1
24Martin Luther King, Jr. Day
3rd Monday in January
251'resident's Day
3rd Monday in February
26Memorial Day
Last Monday in May
27 -Independence Day
July 4
2SLabor Day
1St Monday in September
29Thanksgiving Day
4th Thursday in November
3ADay after Thanksgiving Day
Friday following Thanksgiving Day
RChristmas Eve (4 hours)
December 24
32Christmas Day
December 25
In addition, each employee shall be granted an additional €ettr--thirty-two (32)
deyshours of holiday leave (floating holiday) to be taken off at a time mutually
agreed upon between the employee and the department head. Holiday leave
cannot be carried over into the following calendar year.
16.2 Holidays which fall on the first regularly scheduled day off shall be observed on
the preceding work day. Holidays which fall on any other regularly scheduled
day off shall be observed on the next regularly scheduled work day, with the
exception that if the next regularly scheduled work day is also a holiday, the first
holiday shall be observed on the preceding work day.
16.3 Bargaining unit members will be granted a day off on the Saturday and Sunday
preceding any holiday observed by the City and the Library on a Monday.
Bargaining unit members will also be granted a day off on the Saturday and
Sunday following the observance of a Saturday holiday on the preceding Friday
by the City and the Library. Bargaining unit members will also be granted a day
off on Easter Sunday.
16.4 Holiday time may be taken in quarter hour increments.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XVII — LEAVE OF ABSENCE
2008-2010
17.1 The City and the ALG1-AFSCME mutually agree that the inability to return to
work after an employee's sick leave has been exhausted shall be considered an
urgent and substantial reason for the granting of a leave of absence in accordance
with the Administrative Policy and Procedure Manual, Leave of Absence Policy.
17.2 The City interprets this Section as providing that the conditions under which an
employee shall be restored to employment on the termination of leave of absence
shall be stated as clearly as possible at the time by the City in conjunction with the
granting of the leave of absence. The City reaffirms its policy that an employee's
status as a regular employee is not impaired by such leave of absence.
17.3 City employees who are working are entitled to use sick leave, vacation leave,
administrative leave, or long-term disability leave for disabilities caused or
contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom on
the same terms and conditions governing leaves of absence for other illnesses or
medical disabilities. Long-term disability leave shall not be used for child care,
child rearing, or preparation for childbearing, but shall be limited to those
disabilities as set forth above. The length of such disability leave, including the
date on which the leave shall commence and the date on which the duties are to be
resumed, shall be determined by the employee and the employee's physician;
however, the City may require a verification of the extent of disability through a
physical examination of the employee by a physician appointed by the City at
City expense.
17.4 An employee on leave for pregnancy disability under this policy shall be entitled
to return to the same position or to a position comparable to that held at the time
the leave commenced. A physician's release must be provided to the appropriate
supervisor prior to an employee's return to work.
17.5 An employee seeking pregnancy/disability/family care leave shall be required to
provide a request in writing (not less than four weeks) to the Supervisor of the
anticipated date upon which leave shall commence and end, although the
commencement date may vary according to the employee's actual disability.
17.6 Employees who are placed in a Leave Without Pay status following the expiration
of sick leave, vacation, compensatory time off, administrative leave, or long-term
disability leave such that the employee is no longer in a pay status shall not
receive employer paid employment benefits.
Employees place in a Leave Without Pay status due to disability will continue to
receive a three-month (3) extension of:
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
(1) Medical coverage following the month in which the employee is placed in
such status. Other benefits include:
(2) Dental, Vision, or Medical coverage past the three-month extension
period, may be continued at the employee's expense.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XVIII — SICK LEAVE
2008-2010
Effective December 8, 2003, full time employees shall accumulate sick leave at the
rate of 3.70 hours per pay period. (12 days per year)
Sick leave may be accumulated up to an unlimited amount.
2-8:3Employees will be able to use family sick leave for parents or children not residing
with the employee consistent with City policy of use of family sick leave for a
family members illnesses.
24
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XIX — VACATION LEAVE
19.1 Employees shall receive the following vacation benefits:_0
Beginning with:
Date of Hire: 4-st thfettgh 5th 3.08 hours per pay
period -(10 days per year)
6th dffeU04t*-year 4.62 hours per pay period _(15
days per year)
12th 4"tl�-year_
5.24 hours per pay period _(17 days per
year)
15th lwei.�-year_
6.16 hours per pay period_ (20 days per
year)
21 st year
6.47 hours per pay period
(21 days per year)
22nd year
6.78 hours per pay period
_(22 days per year)
23' year
7.09 hours per pay period
_(23 days per year)
24th year
7.40 hours per pay period
_(24 days per year)
25' year & over
7.71 hours per pay period
_(25 days per year)
19.2 If a conflict arises in the scheduling of vacations for employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest seniority. The senior employee shall receive one first choice in any
scheduling period.
19.3 For all persons hired after September 1, 1995 the maximum vacation accrual will
be 6.16 hours per pay period.
19.4 The maximum amount of unused vacation hours that an emDlovee may accrue. at
any given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount,
the employee shall stop accruing any additional vacation. Accrual will
automatically resume once the employee uses some vacation and the accrual
balance falls below the maximum accrual amount.
25
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
Chapter 3 — Insurance and Retirement
ARTICLE XX — CHIROPRACTIC
20.1 The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
PRI
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXI — DENTAL INSURANCE
21.1 Employees are provided fully paid family dental insurance. Two C4#f agfee t,.
>_
premiumshall pay the full eest fef the empleyee dental
for de. ende,.ts for the teff-... ,.Otis agreement.
21.2 Maximum benefits are $1,000 for each family member enrolled in the dental plan,
per calendar year. There is a $25 deductible plus co-insurance features.
27
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXII — LIFE INSURANCE
22.1 A life insurance program providing $10,000 term life insurance which includes a
$10,000 Accidental Death and Dismemberment coverage for the employee. Said
amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at
age 75. In addition, a spouse, unmarried dependent children between the ages of
6 months and 21 years, unmarried student dependent children to 23rd birthday, and
dependent handicapped children shall be covered for $1,500 insurance. Children
under 6 months shall be provided with $150 life insurance.
The City will provide an additional $25,000 of Accidental Death and
Dismemberment insurance for each member in the General Services Unit.
22.2 The City shall assume the 1.1 % salary cost previously paid by the employee for
long-term disability and life insurance.
28
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXIII — LONG TERM DISABILITY
23.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences 60 days from the date of disability. Long-term disability benefits are
coordinated with other benefits during disability, such as Workers' Compensation
temporary disability payments or PERS unmodified retirement allowances.
29
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXIV — MEDICAL INSURANCE
24.1 The City agrees to provide medical insurance through the Ca1PERS Health
Program. City shall pay 100% premium for employee only up to the highest
HMO available in our geographical area. Effective January 19, 2004, employees
shall contribute $80.00 per month for Employee Atisplus One and $104.00 per
month for full family coverage.
Employees shall be eligible for medical insurance the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
24.2
24.3 Effective December 8, 2008, if an employee elects not to be covered by
medical insurance through the City of Lodi, an additional $692.81 per month
for family or $532.92 for employee + 1 dependent will be added to the
employee's deferred compensation account to equal one-half of the medical
insurance premium that would have been paid by the City of Lodi. A single
employee who can show proof of group insurance will be eligible for this
provision at one half (1/2) of the current amount. The dollar amount shall
not increase during the term of the MOU. In order to qualify for this
provision, proof of group insurance must be provided to the City.
24.3If an employee has no dependents of ^'-^^^n^ ^^+ to eever aep^^ae^*^ A.44_ ,~ ,thea'
ineufanee—the City will contribute $25.00 per pay period to the employees
deferred compensation account.— This will remain effective through June 30,
2009. if , employee elects not to be , e -oa by fnedi .. 1 . e the City
vide ., additional $46.15 p pay periodf f a total of $71.15 pefpayperiodto
the employees de .-red eemIP
natio+, n nt
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MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
24.-424.424.5 if both the empleyee and the —
,
s speuse work fer- the City an
ceetion 24 n all apply to the employee ;*he- ; of the prit..a fy Pr -,.vi
24:524.4 The City shall pay 100% of the premiums for health and dental benefits
for the --unmarried surviving spouse and any minor children of any members of
this unit who is killed or dies during the performance of official duties. This
benefit terminates if the surviving spouse remarries, the children reach the age of
18, or other medical insurance becomes available.
24624.5 D,,, -- 1-3-e .o..m of this MOO, the City and Ar rE n FSCME will meet and
the City's inte-nt to ex—amin-e on a eity wide basis possible adoption of a eafeter-ia
pla-a. Meeting evef this issoe may be eendueted between the City and a eeahfiefl
. the toFms e s w
f this N40:U will f et
00 0ro , 0nt r e f
0
31
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XXV — PERS
2008-2010
25.1 The City agrees to provide the following PERS retirement program and to pay the
employer's cost:
i.(a) PERS "2% at 55" full formula retirement benefits plus
the following additional options:
(b) The increased ordinary disability benefits which provide
under PERS a 30% benefit after five years of service
increasing to a maximum 50% benefit (Section 21298).
(c) Third level of 1959 Survivor Benefit which provides for
survivors of a member who dies prior to retirement. This
benefit is in addition to the Basic Death Benefit before
retirement. (Section 21382.4).
(d) Post-retirement Survivor Allowance which provides a
surviving spouse with an allowance upon the event of
death after retirement. (Section 21263 and Section
21263.1 and 21263.3).
(e) Credit for unused sick leave which provides additional
service credit for unused accumulated sick leave at time
of retirement. (Section 20862.8).
(f) Military Service Credit as Public Service (Section
21024).
(a) Final retirement compensation based on the average
monthly pay duringthe he highest 36 consecutive months of
service.
(h) 50% survivor continuation in the event of death after
T retirement.
25.2 On January 3, 1983, in lieu of any other salary adjustments which otherwise may
have been agreed upon in this Unit, the City agreed to pay into each employee's
PERS account 7% of the employees base salary.
WJ
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXVI — SICK LEAVE CONVERSION
26.1 For all unused sick leave, a represented employee with ten years of employment
with the City shall receive medical insurance coverage upon retirement (but not
upon resignation or termination) using one of the following options:
Option #1— Conversion
After ten years of employment with the City, 50% of the represented employee's
unused sick leave shall be converted to months of medical insurance as adjusted
herein. For each year that an employee has been employed by the City in excess
of ten years, the employee shall be entitled to add 2.5% to the 50% before
converting the unused sick leave to months of insurance.
EXAMPLE
Robert Smith retirees with 20 years of service and 1800 hours of unused sick
leave.
1800 - 8 x 75% - 12 = 14.06 years of coverage
The amount of the premium paid shall be the same as the premium paid by the
City at the time of retirement. Any differences created by an increase in
premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical
insurance for the same period as if the employee had not died.
Option #2 —Bank
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year
that an employee has been employed in excess of 10 years, 2.5% will be added to
the 50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave
(multiplication factor - $20.00).
1800 x .75 x 20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance in gone.
In the event the retiree dies the remaining bank will be reduced by 50% and the
surviving dependent(s) may use the bank until the balance is gone.
33
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
Option #3 — Cash Out
A retired employee may choose to receive a cash settlement for unused sick leave
at the rate of $.30 on the dollar. Under this provision, employee's sick leave
balance at the time of retirement shall be converted to dollars at the employee's
current rate of pay.
26.2 In the event an active employee dies before retirement and that employee is
vested in the sick leave conversion program, the surviving spouse will have an
interest in one-half the value of the Bank option as calculated in section 26.1.
26.3 Employees selecting option #1 or #2, who retiree on a service retirement shall
have the option of purchasing at the employee's cost additional medical insurance
sufficient to reach age 65.
26.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City's liability as specified in Section 26.1 of this Article.
26.5 The City agrees to modify its contract with PERS to add credit for unused sick
leave per Government Code Section 20862.8. This benefit is available to all
employees regardless of the date hired; however, it is the only sick leave
conversion benefit available to employees hired after July 1, 1995. It is agreed
that eight hours equals one day for purposes of determining days creditable. If an
eligible employee opts to utilize the provisions of any section of article 26 other
than 26.5, the City will report to PERS they have zero hours of unused sick leave.
34
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XXVII — VISION INSURANCE
2008-2010
27.1 The City agrees to provide a vision care plan equivalent to the VSP Plan B with a
$25.00 deductible for the employee and dependents. The entire premium shall be
paid by the City.
35
MOU — CITY OF LODI AND AFSCME
12/10/08
Chapter 4 — Safety
GENERAL SERVICES UNIT
ARTICLE XXVIII — SAFETY/SAFETY BOOT PROVISIONS
2008-2010
28.1 The City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to ensure this.
28.2 E e five Deee. ber- o 2003 The City agrees to provide a --safety boot allewaftee
s€reimbursements with a receipt up to- $150.00 per fiscal year for the following
classifications:
Associate Civil Engineer (2)
Associate Traffic Engineer
Building Inspector 1/II
Engineering Technician 1/11
Jr./Asst. Engineer
Public Works Inspector MI
Purchasing Technician
Sr. Building Inspector
Sr. Engineering Technician (1)
Sr. Storekeeper
Storekeeper
(who do inspection/survey work)
(who do inspection/survey work)
29AEmpleyees who are fequir-ed to wear- safi� beets (listed in 29.2) will be pr-evided-
25:528.3 Safety boots are defined as leather work boots with a minimum of 4"
ankle support. Employees have the option of purchasing these boots with or
without steel toes.
2628.4 Safety boots must be appropriate to the job classification and the specific
work hazards for the work performed.
2528.5 The City reserves the right to determine if a boot is appropriate to the job
class and work conditions.
2528.6 Employees performing duties/tasks without appropriate footwear may be
sent home and additionally may be subject to disciplinary action.
M
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
2008-2010
Chapter 5 — Work Hours, Schedules, Meals
ARTICLE XXIX — HOURS
29.1 Except as provided in subsequent sections, the normal hours of work for all
represented personnel shall be eight hours per day and 40 hours per week. The
lunch period shall normally commence between the third and fifth work hour at
the discretion of the Supervisor.
a(a) Employees of the Library may work a schedule which includes split days
off. The hours of work shall vary according to a pre -posted work
schedule.
4(b) Parking Enforcement Assistants and Animal Control personnel shall work
a schedule which may provide at least one person to work each Saturday.
3(cl Alternate work schedules may be developed by mutual agreement between
the employee and the appropriate supervisor.
Work schedules presently in effect shall remain in effect. Any change in work hours or
work days shall -be a meet and confer item.
37
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXX — MEALS
30.1 If the City requires an employee to perform work for one and one-half (1-1/2)
hours immediately following quitting time, or if any employee is called in more
than two (2) hours immediately before regular starting time, the City shall provide
such employee with a meal. The cost of the meal not to exceed $20.00 with a
receipt. If an employee works beyond the regular quitting time, the City shall
continue to provide meals at four (4) hour intervals until the employee is
dismissed from work. The cost of such meals and the time taken to consume
them shall be at the City's expense.
30.2 When the City requires employees to work on non -work days without notice, the
City shall provide meals at intervals of four (4) hours. The first meal shall be four
(4) hours after employees report to work, providing time is allowed for an
employee to eat before reporting. If such time is not allowed, the first meal break
shall be two (2) hours after reporting for work and at four (4) hour intervals
thereafter.
4430.3 When an employee is required to perform prearranged work on non -work
days during regular work hours, he or she shall observe the lunch arrangement
which prevails on his or her work days. If such work continues after regular work
hours, the City shall provide the employee with meals in accordance with the
provisions of Section 30.1 hereof.
430.4 If the City requires an employee to perform prearranged work starting two
(2) hours or more before regular work hours on work days or non -work days, and
such employee continues to work into regular work hours, the employee shall
provide for one meal on the job and the City shall provide other meals as required
by the duration of the work period. The meals provided for in this Section shall
be eaten at approximately the usual times and the usual practice relating to lunch
periods on work days shall prevail. The usual times therefore shall be 7:00 a.m. —
12:00 noon -6:30 p.m.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
Chapter 6 — Association / City Issues
ARTICLE XXXI — ASSOCIATION LEAVE
2008-2010
X31.1 Whenever any employee is absent from work as a result of a formal
request by the ALGIYAFSCME to send an employee to school to be involved in
Association business, the City shall pay for all regular time lost and shall be
reimbursed therefore by the ALGEAFSCME at the rate of one hundred and fifty
percent (150%) of the employee's regular wage rate.
3431.2 The City agrees to provide storage space to the ALGEAFSCME for
association materials.
39
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXXII — CHANGES IN MEMORANDUM
32.1 The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any
provision of this MOU is modified by statute, applicable regulation or by order of
Court in such a way as to affect either the employees or the City. In such event,
all remaining provisions of the MOU would continue in full force and effect
unless and until they are also modified by statute, applicable regulation or order of
Court, or agreement of the parties.
40
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XXXIII — CITY RIGHTS
2008-2010
7-.433.1 It is understood and agreed between the parties that nothing contained in
this Memorandum shall be construed to waive or reduce any rights of the City,
which include, but are not limited to the exclusive rights to:
SDetermine the mission of its constituent departments, commissions and
boards.
1Set standards of service.
470Determine the procedures and standards of selection for employment.
44Direct its employees.
Maintain the efficiency of governmental operations; to determine the
methods, means and personnel by which government operations are to be
conducted.
Take all necessary actions to carry out its mission in emergencies.
4-4Exercise complete control and discretion in the technology of performing
its work.
City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of work
or other legitimate reasons, to take disciplinary action, and to determine the
content of job classifications; provided, however, that the exercise by the City of
the rights in this section does not preclude employees or their recognized
employees organizations from filing grievances regarding the practical
consequences that decisions on such matters may have on wages, hours or other
terms and conditions of employment.
41
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXXIV — EMPLOYEE REPRESENTATION
34.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered
into between representatives of the City of Lodi (hereinafter referred to as City)
and representatives of the Lodi Chapter of the Asseeia4ien of Lodi City
EmpleyeesAmerican Federation of State, County and Municipal Employees
(ALCI-1,AFSCME) for the General Services Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Sections 3500
et seq. of the Government Code of the State of California, and further
acknowledge and agree that all matters upon which the parties reached agreement
are set forth in this Memorandum. Except as specifically modified by this MOU,
all existing benefits currently being furnished to employees and all existing terms
and conditions of employment are to continue in effect unless and until the parties
meet and confer regarding a change in such existing benefits, terms or conditions
of employment.
The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by the ALGEAFSCME. Those
classifications are as follows:
Accounting Clerk I/II Administrative Clerk
Administrative Clerk, Sr. Administrative Secretary
Animal Services OffieerSupervisor Animal Services Officer�ssis
Aquatics Coordinator
Building Inspector VII
Building Inspector, Sr. Buyer
Buyer Civil E,.gineo, n sseeiate
Civil Engineer, Jtrier/Assistafft/Assoc. Community Improvement
Offer, I/II
Customer Service Rep. I/II
Customer Services Rep., Sr.
Energy Specialist
Engineering Technician UTI
Engineering Technician, Sr.
Field Services Representative
Field Services Supervisor
Finance Technician
Information Systems Specialist
Librarian I/II
Library Assistant
42
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
Library Assistant, Sr.
Reader
2008-2010
Network Technician
O ffi-ee Supervisor -
Parking Enforcement Assistant Parks Pr -e ._...., Speeial st
Parks Project Coordinator
Permit Technician
Planner, Jr./Asst./Assoc.
Police Records Clerk I/II
Police Records Clerk Supervisor
Police Administrative Clerk, Sr.
Public Works Inspector I/II Purchasing Technician
Storekeeper Storekeeper,
Sr. Utility Billing & Collections Supervisor
Supervising Code/Community
Improvement Officer
34.2 The City shall grant dues deduction to City employees who are members of the
ALGEAFSCME in accordance with the terms and conditions set forth in Section
4, Rule 2 of City of Lodi Resolution No. 3344 entitled, "Adopting Rules and
Regulations to Implement Provisions of the Employee -Employer Relations
Resolution."
The ALGEAFSCME shall indemnify, defend, and hold the City of Lodi harmless
against any claims made and against any suit instituted against the City of Lodi on
account of check -off of said employee organization's dues. In addition, the
ALGEAFSCME shall refund to the City of Lodi any amounts paid to it in error
upon presentation of supporting evidence.
34.3 — UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
Union Membership — All emplovees covered by this Aareement shall. as a
condition of employment, become and remain members of the UNION within 30
days of employment in a covered job classification. The CITY will inform all new
hires and employees promoting into the bargaining unit of the existence of this
Collective Bargaining Agreement and the requirement to become and maintain
membership in the UNION. A UNION Officer, or designee, will be notified within
10 business days and afforded time to meet with any employee entering the
bargaining unit in order to conduct a UNION Orientation Meeting_
In the event an emDlovee covered by this Aareement fails to aDDly for, or
maintain their membership in the UNION, or reinstate themselves into
membership in good standing, the UNION may give the CITY written notice of
the fact and reauest that the employee be suspended or terminated from
employment. In such event, the CITY shall suspend or terminate the
43
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
employment of said employee, as requested, within 15 business days of receipt
of the notice.
Fair Share Donation — Any employee who is a member of a bona fide religion,
body, or sect who has historically held conscientious objections to joining or
financially supporting public employee organizations shall not be required to join
or financially support the UNION. Such employee shall, in lieu of Agency Shop
Fees, pay sums equal to said amount to a non -religious, non -labor United Way
charitable organization exempt from taxation under Section 501 c (3) of the
Internal Revenue Code, which has been selected by the UNION from the local
United Way. Payments shall be made by payroll deduction as a condition of
continued exceptions from the requirements of financial support to the UNION
and as a condition of continued employment. Disputes regarding the application
for this provision, by employees, shall be subject to arbitration
Membership status shall remain in effect for the duration of this Agreement
except that an employee may change his or her status from UNION member not
more than 90 days or less than 60 days prior to the expiration of this Agreement.
An employee changing his or her membership status shall submit the appropriate
form to the UNION. Thereafter, the UNION will notify the CITY of the change
and the appropriate notation shall be made to the employee's record and/or
Payroll deduction.
The CITY shall provide the UNION, on a monthly basis, the name, home address
and department, division or work unit of employees entering or leaving a job
classification covered by this Agreement. Employees leaving or reentering
employment from Military Leave will be noted.
Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay
of each member of the UNION covered by this Agreement, who authorized such
deductions in writing, all dues or fees levied by the UNION. The CITY shall
provide the UNION 5 business days prior to the end of the pay period an
alphabetical list of employees belonging to the UNION. The list shall contain the
amount of payroll deduction for each employee listed. The CITY agrees to remit
to the UNION on a bi-weekly basis the aggregate amount of deductions shown
on the list furnished by the UNION. A copy of the Check Off Authorization Form
signed by each employee shall be submitted by the UNION to the CITY.
Payroll deductions shall be limited to the following choices:
Union Membership Dues
Agency Shop Fees
AFSCME Voluntary Political Action Check Off (PEOPLE)
44
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
Fair Share donations to the United Way Campaign
Fair Share donations are limited to employees with religious
objections.
The Union will comply with its legal obligation regarding the administration of this
section.
Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY
for any and all costs or legal action, which may be caused, or result from the
CITY'S compliance with this Article.
34.4 The City shall allow ALGEAFSCME access to city meeting facilities at no cost to
AL-C-EAFSCME subject to the operating needs of the City. Requests for such use
shall be made in advance to the appropriate department head or designee and shall
include the date, location, time and general purpose of such meeting. The City
may establish reasonable regulations governing the use of such facilities.
34.5 No City employee or applicant for employment shall be discriminated against any
aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affiliations, union affiliation, age, sex or disability.
34.6 The City and ALGEAFSCME agree and understand that if any section of the
MOU in any way conflicts with the terms and conditions of employment stated in
other authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in
favor of the MOU language. If the MOU is silent on any issue, the applicable
document is controlling.
45
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XXXV — GRIEVANCE PROCEDURE
2008-2010
35.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretations and clarifications executed by the
ALGEAFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and the AL-C->YAFSCME involving the interpretation, application
or enforcement of the express terms of the MOU and other terms and conditions
of employment and matter of discipline which includes demotion, suspension or
discharge.
As used in procedure, the term "PARTY" means an employee, the
ALQBAFSCME, the City or the authorized representative of any party. The
employee is entitled to representation through all steps in the procedure.
35.2 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
(a) Interpretation or application of any of the terms of this MOU,
including Exhibits thereto, Letters of Agreement, and/or formal
interpretations and clarifications executed by the AL-C-EAFSCME
and the City.
(b) Discharge, demotion, suspension, or discipline of an individual
employee.
(c) Disputes as to whether a matter is proper subject for the Grievance
Procedure.
(d) Disputes which may be of a "class action" nature filed on behalf of
the AL-C-)YAFSCME or the City. Class action grievances shall be
in writing from the AL-C-E-AFSCME to the City Manager or vice
versa.
35.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work days of the date of the action complained of, or the date the
Grievant became aware of the incident which is the basis of the Grievance.
35.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement
signed by the Grievant shall be presented to the department head which shall
include the action being grieved and the desired remedy. A discussion shall then
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
2008-2010
take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall
be taken within fifteen (15) work days of the date the department head receives
the written statement.
435.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP
THREE shall be the presentation of the Grievance, in writing, by the employee or
his or her representative to the City Manager, who shall answer in writing within
fifteen (15) work days of receipt of the Grievance. This Step shall be initiated
within fifteen (15) work days of the date of the answer in STEP TWO.
35.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration
shall be the final level of appeal for grievances and discipline. It is agreed by
both parties that the decision of the arbitrator is binding and final on both parties
and that if this procedure is utilized all other avenues of appeal are waived. If
arbitration is chosen the City must be notified within fifteen (15) work days of the
City Manager's decision.
Within ten (10) working days after the request for arbitration is received by the
City or at a date mutually agreed to by the parties, the parties shall meet to select
an impartial arbitrator. If no agreement is reached at this meeting, the parties
shall immediately and jointly request the State Conciliation and Mediation
Service to submit to them a panel of five arbitrators from which the City and the
ALGEAFSCME shall alternately strike names until one name remains; this person
shall be the arbitrator. If the State Conciliation and Mediation Service cannot
provide a list of five arbitrators, the same request shall be made of the American
Arbitration Association.
To insure that the arbitration process is as brief and economical as possible, the
following guide lines shall be adhered to:
S4a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
Sib. Both parties and the arbitrator may tape record the hearing.
5:3c. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court
reporter required by an arbitrator shall be shared equally by the parties.
5.4d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
47
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 Zoos -nolo
stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a joint letter, the parties may submit separate letters.
34e. The strict rules of evidence are not applicable and the hearing shall be
informal.
S -Hf. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
"h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses normally
would be present at the hearing only while testifying and should be
permitted to testify only in the presence of the employee or his/her
representative and the employer's representative.
3-1i. The arbitration hearing will be held on the employer's premises.
548j. The cost of arbitration shall be borne equally by the parties. However, the
cost, if any, of cancellation or postponement shall be the financial
responsibility of the party requesting such delay unless mutually agreed by
the parties.
The decision, opinion, or award shall be based on the record developed by
the parties before and during the hearing. The decision will be in writing
and shall contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms
of the MOU or the written ordinances, resolutions, rules, regulations and
procedures of the City, nor shall he/she impose any limitations or
obligations not specifically provided for under the terms of the MOU. The
arbitrator shall be without power or authority to make any decision that
requires the City or management to do an act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
35.7 Failure by either party to meet any of the aforementioned time limits as set forth
in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
48
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
35.8 An employee may represent himself or herself at any step of the Grievance
Procedure up to Step 3.
35.90nly AFSCME may appeal a grievance to arbitration.
49
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXXVI — MUTUAL CONSENT CONTINGENCY
36.1 This MOU may be amended any time during its life upon the mutual consent of
the City and the AL-C-EAFSCME. Such amendment must be in writing and
attached to all executed copies of this MOU.
50
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XXXVII — NO STRIKES
Zoos -2010
37.1 The represented employees agree that they shall not strike, withhold services,
engage in "slow downs" or "sick -ins" or participate in any other concerted
activity which adversely affects job performance or City services during the term
of this MOU.
51
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XXXVIII — PROBATIONARY PERIOD
38.1 All appointments to positions in the classified service shall be subject to a
probationary period of twelve (12) continuous months of service. The
probationary period shall be regarded as an integral part of the examination
process and shall be used to closely observe the employee's work for securing the
most effective adjustment of an employee to his or her new duties, assignments
and responsibilities in his or her new position and for rejecting any probationary
employee whose performance does not meet required work standards. If the
service of the employee is deemed to be unsatisfactory, the employee shall be
notified that he or she has not satisfactorily completed probation.
38.2 During the probationary period, all new hires shall have the rights and privileges
afforded to other employees, except:
4A1 Vacation Leave — See Article XIX for vacation schedule.
2-.2LThe use of the Grievance Procedure to grieve termination.
33-.31 The City and the employee may mutually agree to extend the probationary
period for not more than 6 months. The AFSCME shall be notified
of all extensions.
Probation shall be extended for the same time as any leaves of absence.
38.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position from which he or she
was promoted unless he or she is discharged. The seniority and status of a
rejected candidate shall continue as before.
52
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XXXIX — PROMOTION
Zoos -2010
39.1 The City and ALC-EAFSCME mutually agree it is good personnel practice to
make every effort to promote from within consistent with the best interests of the
City.
53
MOU - CITY OF LODI AND AFSCME
12/10/08
GENERAL SERVICES UNIT
2008-2010
ARTICLE XL - SENIORITY
40.1 Seniority is defined as the total length of continuous service with the City.
Continuity of service shall not be broken and seniority shall accrue when an
employee is:
(a) Inducted, enlists, or is called to active duty in the Armed Forces of the
United States or service in the Merchant Marine under any Act of
Congress which provides that the employee is entitled to re-employment
rights.
(b) On duty with the National Guard.
(c) Is absent due to industrial disability.
(d) On leave of absence.
(e) Absent due to layoff for a period of less than twelve (12) consecutive
months.
54
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ARTICLE XLI — SHOP STEWARDS
41.1 The ALGIYAFSCME agrees to notify the City in writing as to the appointment of
all shop stewards. Shop stewards shall be required to work full time in their
respective classifications and shall not interrupt the work of other employees. A
steward may, with reasonable notice and approval of his or her supervisor, leave
the job during working hours for reasonable periods to investigate pending
grievances and to take part in the Grievance Procedure. However, no steward
shall leave the job while his presence is necessary in the judgment of his or her
supervisor for the safe conduct and efficiency of the operations in which he or she
is engaged.
55
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XLII — STATUS
2008-2010
42.1 Employees shall be designated as regular, probationary, or temporary, depending
upon the purpose for which they are hired and their length of continuous service
with the City.
(a) A regular employee is defined as an employee who has twelve (12)
months or more service with the City in full-time employment, except as
provided for in the Rules for Personnel Administration, Article XI
(Probationary Period).
(b) A probationary employee is defined as an employee hired for a full-time
position that has been regularly established as an authorized position and
is of indeterminate duration. A probationary employee shall receive not
less than the minimum rate for the job and shall be eligible for sick leave
pay, vacation pay, holiday pay, retirement plan participation, insurance
coverage and items of a similar nature, as he or she becomes eligible, but
shall not be given preferential consideration for promotion or transfer or
be eligible for a leave of absence. Upon completion of twelve month of
continuous full-time service with the City, a probationary employee shall
be given the status of a regular employee.
(c) A temporary employee is an employee hired on a full-time basis to fill a
full-time position (at least 32 hours per week). Temporary employees
shall attain regular status after being employed for twelve (12) continuous
months.
(d) A contract employee is an employee hired on a part-time or full-time basis
to perform a specific task or function for a limited duration. Such
employees do not have rights to further employment with the City.
�W,
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XLIII — LAYOFF
Zoos -2010
43.1 Bar a:7 ming unit has the ability to meal a layoff decision made by Human
Resources to the City Manager.
57
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
ARTICLE XLI14V — TERM
2008-2010
444.1 The terms and conditions of this MOU shall continue in effect until such
time as they are superseded by a signed agreement/a,,,ing h *eff �MOU
between the City of Lodi and AFSCME. The parties agree as follows:
TERM: Covering the period from July 1, 2008 through December 31, 2010-
58
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
2008-2010
ATTACHMENT A
59
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
2008-2010
:f
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08 2008-2010
ATTACHMENT B
Dollars to be added to salary schedule effective
the pay period in which July 1, 2004 falls
61
D.P. Programmer Analyst 1
311.26
326.83
343.17
360.33
378.34
D.P. Programmer Analyst 11
337.51
354.38
372.10
390.71
410.24
Information Systems Specialist
260.51
273.54
287.21
301.57
316.65
Network Technician
235.87
247.67
260.05
273.05
286.71
61
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
Attachments C
2008-2010
AFSCME and the City of Lodi agree to conduct a new classification review of the IS
Specialist, Network Technician job descriptions. A comprehensive classification study
will be done. If as a result of the study, a new classification is created, a new salary
will be created. This shall be done as -soon -as -possible. The results shall be effective
retroactive to December -4 8, 2008.
:L
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
12/10/08
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A RESOLUTION OF THE LODI CITY COUNCIL AMENDING
THE MEMORANDUM OF UNDERSTANDING WITH THE
AFSCME COUNCIL 57 LOCAL 146 -AFL-CIO (MAINTENANCE
AND OPERATIONS UNIT AND GENERAL SERVICES UNIT)
WHEREAS, representatives from the City of Lodi and AFSCME Council 57 Local
146 -AFL-CIO (AFSCME) have bargained in good faith for the purpose of amending
certain articles of the Memorandum of Understanding (MOU) for the Maintenance and
Operations and General Services Units.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve an amendment to the Maintenance and Operations and General Services
MOU's to include the following:
• Effective December 8, 2008, represented employees shall receive a 3%
salary adjustment.
• Effective July 1, 2009, salaries will be adjusted up to 3% based on the
Consumer Price Index (CPI -W) for San Francisco wage earners. This
amount is predicated on a 1% increase in the General Fund revenues
using audited revenues for June 30, 2008 to June 30, 2009.
• Effective December 8, 2008, represented employees who elect to opt -out
of the City's medical insurance will have an additional $692.81 per month
for family or $532.92 for employee + 1 dependent added to the
employee's deferred compensation account.
• Effective December 8, 2008, the dental insurance premiums for
dependent coverage will be fully paid by the City.
• Employees will be granted 24 hours of bereavement leave per calendar
year.
• This action also includes Confidential employees at a similar
classification.
Dated: December 17,2008
hereby certify that Resolution No. 2008-252 was passed and adopted by the
Lodi City Council in a regular meeting held December 17, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS —Johnson, Katzakian, Mounce, and
Mayor Hansen
COUNCIL MEMBERS— Hitchcock
COUNCIL MEMBERS — None
COUNCIL MEMBERS — None
2008-252
aLd