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HomeMy WebLinkAboutAgenda Report - March 21, 2012 C-07AGENDA ITEM CW - OF � o- O CITY OF LODI COUNCIL COMMUNICATION FO ril AGENDA TITLE: Adopt Resolution Approving Memorandums of Understanding between the City of Lodi and the AFSCME Council 57 Local 146 -AFL-CIO General Services and Maintenance and Operators Units for the Period January 1, 2012 through December 31,2013. MEETING DATE: March 21,2012 PREPARED BY: Human Resources Manager Deputy City Attorney RECOMMENDED ACTION: Adopt Resolution approving Memorandums of Understanding between the AFSCME Council 57 Local 146 -AFL-CIO General Services and Maintenance and Operators Units for the period January 1, 2012 through December 31,2013. BACKGROUND INFORMATION: The Memorandums of Understanding (MOU) between the City of Lodi and AFSCME expired on December 31, 2011. The principle components of the MOD's (as included in Exhibit and Exhibit B) are as follows: • The terms and conditions of this MOU shall be from January 1,2012 through December 31,2013. • Employees will continue to pay 1 percent of the employee's share of retirement through December 31, 2012. Employees will also have 72 hours unpaid furloughs from July 1, 2012 to December 31, 2012. Beginning January 1, 2013 employees agree to pay 3.3 percent share of their retirement costs and have 96 hours of unpaid furloughs through December 31, 2013. Beginning December 31, 2013 employees agree to pay the full 7 percent share of retirement costs and there will be no further unpaid furlough days. • The City and AFSCME agree to reopen the MOU to conclude negotiations on a two-tier retirement plan (2 percent at 60) when other units conclude negotiations. • AFSCME agrees that the City will not increase the City's contribution to employee's medical costs during the term of this agreement except as noted in the MOU for individuals earning $40,000 or less. • The City will eliminate the employee co -pay for medical insurance (currently $80 and $104 for employee + 1 and family coverage, respectively). • The City will restore the 3 percent City match to Deferred Compensation effective June 25,2012. FISCAL IMPACT: It is estimated that the provisions of this MOU will save the City $1,605,000 over the term of the agreement. Bartlam, City Manager FUNDING AVAILABLE: Necessary funding will be included in each fiscal year budget. Jor ar Ayers, Deputy City M2(nager/Internal Services Director Dean GuYco, Human Resources Manager Attachments MEMORANDUM OF UNDERSTANDING CITY OF LODI A.F.S.C.M.E.COUNCIL 57 LOCAL 146 -AFL-CIO GENERAL SERVICES UNIT January 1.2012 - TuPy4,2 December 31, 20130 MOU — CITY OF LODI AND AFSCME 4.221-1-0/08 GENERAL SERVICES UNIT 2012-132008-20 10 TABLE OF CONTENTS P CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I Article II Article III Article IV Article V _Article VI Article VII Article VIII Article VI-IIX Article IX Article XI Article XII Article XIII CHAPTER 2 — LEAVES Aft,- , X. 111. Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Salary Compensatory Time Court Appearances Deferred Compensation Education Incentives Bilingual Pay Flexible Spending Mileage Compensation Overtime Temporary Upgrade Tools and Uniform Allowance Tuition Reimbursement Workers' Compensation 4 5 5 6 6 6 76 ,;6 7 8 99 04 109 CHAPTER 3 — INSURANCE AND RETIREMENT Article XX Chiropractic Catastrophice Leave 110 Bereavement Leave 12.1- Holidays 12-1- Leave of Absence 132 Sick Leave 14-3 Vacation Leave 14 CHAPTER 3 — INSURANCE AND RETIREMENT Article XX Chiropractic 16-5 Article XXI Dental Insurance 165 Article XXII Life Insurance 165 Article XXIII Long Term Disability 165 Article XXIV Medical Insurance 16 Article XXV PERS 196 Article XXVI Sick Leave Conversion 19.7- 97Article ArticleXXVII Vision Insurance 21-1-9 CHAPTER 4 — SAFETY Article XXVIII Safety/Safety Boot Provisions 22€3 CHAPTER 5 —WORK HOURS, SCHEDULES. MEALS Article XXIX Hours 23.1 - Article XXX Meals 23-1- 2 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT _11...1.,4.01109 2012-1320W-20 10 CHAPTER 6 — ASSOCIATION / CITY ISSUES Article XXXI Association Leave Article XXXII Changes in Memorandum Article XXX III City Rights Article XXXIV Employee Representation Article XXXV Grievance Procedure Article XXXVI Article XXXVII Article XXXVIII Article XXXIX Article XL Article XLI Article XLII Article XXIII Article XLIV Mutual Consent Contingency No Strikes Probationary Period Promotion Seniority Shop Stewards Status Layoff Term Attachment A — Salary Schedule effective 112/1$/1209 Attaame >=E-111 V; ien4Zeview - ^ 253 253 253 264 297- 320 320 320 334- 331- 332 3433-1- 332 332 343 34.7 MOU - CITY OF LODI AND AFSCME -1-2/10/(M, GENERAL SERVICES UNIT And IF -SC MV a Scrviees- grit 2008-2-04-0 2012-1.3x,.)w ?am Chapter 1- Salaries and Other Compensation I 11C MISS. 1.1 Bargaining unit members agree to accept the following furlough hours during the term of this MOU: July I, 2012 -December 31., 2012 - 72 hours, of which 6, 8 -hour days occur on a fixed day during the month (typically a Friday) and 3. 8 -hour days will be floating and must be used by December 31, 2012 unless there is a scheduled conflict. 1, 2013 -December 31, 2013. -- 96 hours. all of which occur on a fixed day during the month (typically a Friday) unless there is a conflict. Fixed and floatingfurlough urlough leave shall be deducted from bargaining unit members salary in equal amounts during the particular term. 8:�11:1�l�ctvc ihc-l=i►-st_}�Liy._1�e3�i�ci.,...i.1�..u�ltic}:�....:1��.1.y...1...._..2{)�9-...1'��11;�-;_cix�}�leay�;cti--�i-1.1..._���,eei�t�...�t c cyst c�1=...-1i i 3 acljusl� �e� ....hz�Sed ti o the c2o11sulile;11- PNee _i11dex._...(CP4-W); sim c�i:...f,<>el i-Cie€�erzkl---1=��►��e1 1��:-vc�-���:�e;:5....{�����. tl�e- pe;z�i�3cl...O7/O-1 /�)�- te-F)6�;3�}�0��-,--�.��- r��€le�;tc,ci #roln _tile,- revious -fiscal ��r ¢��si rr�-fi�caJ- ye��r ��L�ciited....}viii-mwial sale r}1 nts�tken - f=t C i�/1f: �i�1d tl�e... tt.y...F�l' 1 c>�1.i.....wi.}.}._reopea....tie-goti-atto3ns with rez;at-ci-t.c3-ccs{�ol'_i i di �1g..atlj ���:�[�l�e��ts: 9:ff1e-0473-acid APSrGzv H a- ,ee teeet-iii E-eE3 tai-i�i3 be�l£�31 3i1f S Biu ' aerie H4 and eeffipensation to fbr the_ 43-seeue+ MQUe-andueted--in--2 04-0, 1.l - lary, benefit ail eefflpensatian listed in.'e£�ifr}i3 1 ti ala' yes- 4 -k --an e€feee-dzite «fes tem etre theme be ba�;e<I-F�-EIe MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT _ �.. 2012 -13).()(m -,w i is eitin of lie-M©-lal1; 2(1-0:....1�hc...City-�lsi� -thai 1--,-201-0 1.2 Fixed furlough days will be in accordance with Exhibit D— Furlough Calendar. Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland .1.,34... If any City bargaining unit, group, or City Council (except for IBEW) receives a salM increase or a higher value medical and/or retirement benefit for the MOU 31, 2013 or by resolution adapted by Council this unit will receive the same benefit. This clause shall not be triggered as a result of a delay in implementing the medical cap to give affected employees the opportunity to move to a lower _ cost plan upon the next available open enrollment period. -4d the City Cetii 1 { ee�W�aORFW }-i ee&we-�--a T T _:'rzi-l-%3i=,y�ii�Ei2u:i�-i'�i-"-m3,;•r,�'��'.'"'xcii—ni-n4-ciz'^"v-az-c�x'�ari)zF;, =xi""'iz.."zr�_"'�-•,-,-rc-bi .. i MOU 1-5 yeeli rid .__: thee►...... a ka at�alysi e► the lassi tierrsf 7_ E ARTICLE II - COMPENSATORY TIME 02.1 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. 02.2 The decision to elect- compensatory lime or overtime pay may be made each time overtime is worked. 2.3 No more than one hundred forty-four (144) hours 4-80heui-s of compensatory time may be carried on the books at any time. e2.4 An employee's decision to elect compensatory time instead of overtime pay is irrevocable. e2.5 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. ARTICLE III - COURT APPEARANCES 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 U MO /U-�n6C/If'i 9OF LODI AND AFSCME 4-241 -- GENERAL SERVICES UNIT 2-0-12--132008.-201.0 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 he 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 he 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. ARTICLE IV —DEFERRED COMPENSATION 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'srg oss salary beginning in the pay period that July 1, 2012 falls. 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 Land Surveyor in Training Land Surveyor 6.5 ._'.This_.i.z1� c «tau. i_n_this Walz e ctio ....is_1.ia :ril l..ta..q,.)a,p1oyge5._k�_i_�.ect,..prio to the execution of this MOU. 6-.-4-Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall 3 MOU m CITY OF L ODI AND AFSCME GENERAL SERVICES UNIT 20.12-1.32om-2-o i o receive a monthly bilingual supplement of $150.00. The City Manager has the discretion in determining the languages that will be recognized, I ARTICLE VII - FLEXIBLE SPENDING ACCOUNT 6-47.1 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. 7.2 The City intends to propose a Cafeteria -based bencfit_.,.program. in 2012 with an __.._effective daLr--of_Janua 1, 2013. This program would-Lilcorporate, tYt not be limited to: inedical. vision, dental. chiropractic. and life insurance. The; above listed terms of this a )reenlent will be reopened for negotiation u on the City's presentation of a Cafeteria last: 1he Cij.Y.,; proposed .Cafeteria Plan will offer substantially_ the same or hctter benefits Lq those cumenly received by unit members. ARTICLE VIII - MILEAGE COMPENSATION 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. ARTICLE VIIIX -OVERTIME &19.1 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 4n1e v &fk-ed: .1...1_.4— 4ft-ex-eess of fee y_rn 0H -i r�etp;-�k�ww�el� 1 lW,r; Time 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. 1 -►_h,,, -.,,Time worked on a non -work day. Time worked on a holiday will be paid at time and one-half rate •..._.Hlo,Li,('S rv�-)-i',lcc ci cin._�t_.._l1c�liday _Vis_ pi t....chi,'._�li�_._empic>y_o '.5....._regular wo1k_ schedule shall be ccaml�en5at d as above plus regMjji tr�li,gllt..._tinie pay. Holiday. for overtime 12gpc>ses,_is ci_i_ncc.,withi� (liel�i cos�3U.c ,. ,,l.._ 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... Phone call asting loss than 10, rk, wo-Li.ltl 1 at th- h MOU - CITY OF L.ODI AND AFSCME GENERAL. SERVICES UNIT -g_.2-1-1.109 20 2- 32w& -w i o overtime rale. Calls more ih,,m 10 i�ii�iutcs_would reccive the standard 3 hour callback ��t..the app sopriatc overtime tate. Hours workend--on—a-holiday,, -as --petit-of an etnployee'�,- t�c gyul.at be corep i hated t ....t�l�t>��e; Plus regular stt�€�;a1tt�t�tep��y: 87-29.2 -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-.391,3—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-A.9,4__Compensation paid to employees called out in emergency situations, outside their regular work hours, shall he 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:-59.5. When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: a.On 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. '. ;b. On 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. 4-4-4-996Those employees (Animal Services Supervisor) serving on an on-call basis shall ---be compensated $25.00 per week. ARTICLE IX — TEMPORARY UPGRADE 18Any who is assignedtea .rr _l iu lt� ..classEi=is a iE�i �y..thc Qepartmcgt lh, aci_or,cic si ne c tc� a hi -he cls€ssit�,cat�on in thc- absence cit„ tic ]nc ulylhe m U., MOU -- CITY OF LODI AND AFSCMII GENERAL SERVICES UNIT 41.2 /-1-0/D9 201.2-132.ow-m i o f-han- [heir -regular-e lassific ation-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.�Flis-ptoviio��-ha�1<jttly alp;7l,r._.,l�er� stye l time we3rl�t d i�....Lzers..�ar...rn4iu ti..th �ssile.d k�ihllce tlasit�cai<�.�ncl sllall-lie--rpt;tj!eaeti-ve...to-tl e-bebirrthe- g-hotr.r_..pr;6od. ARTICLE XZ — TOOLS AND UNIFORM ALLOWANCE �1 1.I The City agrees to provide all necessary uniforms and safety equipment for the following classifications in the General Services Unit,.1c1p��vicica_-quqterly uniform allowances of,.`� 1.50....(except.._co Senio Sto cakeet.)er).: • Administrative Clerk — Community Improvement • Animal Services Supervisor • Animal Services Officer • Community Improvement Officer 1114 • Field Services Representative • Field Services Suner�visor • Meter Reader • Parking Enforcement Assistant • Police Records Clerk l/ff • Police Records Clerk Supervisor • Senior Storekeeper a-Storekeepeir: • Supervising Code/Community Improvement Officer ;"�ery ie>c:s-l�rs�;i#=ioz�tiic�r3s� �l�r�ir=real �er-vct�s C�-ffi<;e;�r- o.An.ir:.n.al--Serw.i.ce:s, Supei'v'PS01,- �Cc}r 7�rrl� pity 1r3rl�rc�virrrer�t-0ffic�er- 1/1-1 �l�r� e 2`F,ivrecs-.. ..e13 t�eser�3 afi-r vt� Meter-- R' ender= *Pafk,iiv-):.1=in force -r r10nI--As' s i:st-ai-rt oW)IIee-Re cords -(-Nei: k 1./1.1. "Wolice.. Records- Cle€ k- Sup ry-kora a,` upevvk'ing) Cod rove [Ile 11t1 0ffict�n- The uniform allowance shall be paid quarterly as part of the last bi-weekly payroll in the months of March, June, September, and December. 0: 311.jhe City and t-ke—Al~SCME mutually agree that the City shall purchase appropriate foul -weather coats and boots as deemed necessary for field personnel. 9 MOU -- CITY OF LODI AND AFSCME GENERAL SERVICES UNIT -1 2-110/0F, 201.2-132008-20io ARTICLE X11 — TUITION REIMBURSEMENT -1,k-l-Tuition Reimbursement will be provided as stated in the i_ �eirnN.irsenient Policy._The TCily will not c liminatc, thispQjjpy during li,�e_tez� ��,of this _M,C)CJ-._...2003-, 41' -lase -Fire € nd .amount.....thall_-tlle_ e u-Prent new..ainomlt—.effeeti-ve-up(HI ratification. by the Qty-. �1.1..,�1:3�......tl��:..._�e�,sc��.�i__{la��t-_frdt�:3r�---c;laa��n�s-...�.n.......cl��ss�i'i�;��ti��7....-speer �e��tioi�s-.._..reclnr�•e_-�.l��tl ARTICLE XIII —WORKERS' COMPENSATION -1-24—The City and 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. 10 MOU - CITY OF LODI AND APSCME GENERAL. SERVICES UNIT _12/..1..G/08r Chapter2 a Leaves }RAIy:I.'9".R. aEAME, l�rtiLle� 'l'lac-�.1��4sificati«n.5-zt{'{=ccte;cl--tire-as-fc�ilc�ws,- 012-13mm 2w o _._._....._-...ai133tF3#:..-l'1itl1t3f'.i:_......-- 1-5ibrar-iai-i {/li _- /�,s�e�ci-ate-1'l ,13,22- - .-Tht Cites status c>f tl� atx�vL Llzt45il ie��%ic�i� t icy c3-t.he ex-pirat icon -of thi -MOU, ARTICLE XIV - CATASTROPHIC LEAVE 14.1 Catastzoohic Leave will be orovideci as stated in Elft; City's current r)ol.icv41-(A� .. not .cltna aatc thz5... olzcy du.> .a the term of this M_C) .J..-.Catastra hie Leave ma be utilized for care of an employee's qualified family members (as identified in the Cit 's Catastrophic Leave Policy)..even if the employe partici ates in Short Term Disability- 14.2 isabilit 14.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability. Family eat leftve �ii�t5tolJllte _ c�vt wi11::.t�c �vr�tlrilc {oi-..allin_it t�er�c t; -iso _:f:�.'_::izi<3i1_ epi ver€4 _able .tic i cztv.......... ..vp1l k3� 1..}itdec�, l7y vol��i tat y t ztn l f , c}{ .ttle cic3i Ott vale c�4 ,ac cur tlat c c<3i�313 n at4aiy ti l eLvacztion andA. t other t:iYne aecumu aed by.:-th iaieyfiber,_ l�ei�c L'it5: 1�:3Dcjn titans h�}1l-be-c<�nverteel 3�Zt<rclellzt -val ie ti�el Shall -he ta�vn tithe--r-eque,"'Ling ci�il�lc>yecs.a�z�y. step.. X11 dc�tiatican talu t...l c Zt itlinittaunl cj1 f<>un (4), hout's--and, ".1170 -- J-atje-1e3c �lu- ...... ... Srl3itla..nlztlEe� :tip I (� 4.�1..{�hf�u� ......- ..-°,15-1..9 ;...S 10:41..... ..... 14,59 -ho r:4 11 MOU - CITY OI{ LODI AND AFSCME 12-40 GENERAL SERVICES UNIT 201.2-132008-2010 14.4.._ .atas-k-E phl - Leavc--w11.}_..is-)(_t.--with-­the G,ataslmph ie and.-Pi:OcedLre. [icy .and -}'rocs 'dare -Dated txk3a� 'tecl silk ;tecic �;d brio. 1'1 is-bentAl can not he-�r:5 <l c> rr}E� e that six {C�j-cei cEutivL months-; .....rnay--appeal- ...to the ARTICLE XV — BEREAVEMENT LEAVE 15.1 lie-Li1art -. ?c-.mployees shall be granted 3__days<?4--hoLirs- of bereavement leave per calerleht illcicefltyc�ar 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. 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 ... ................ brothe-r- r or a more distant relative who was a member of the employee's immediate household at the tithe of death. 15.2 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 for classifications in the General Services Unit. ARTICLE XVI — HOLIDAYS I 16.1 Members of this Unit shall observe the following dai_t�rkly «hse►�_ve c holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve (4 hours) Christmas Day January 1 3"' Monday in January 3rd Monday in February Last Monday in May July 4 1" Monday in September 4"' Thursday in November Friday following Thanksgiving Day December 24 December 25 12 MOU -- CITY OF LODI AND A SCML GENERAL SERVICES UNIT IN -I -0/x)9 2012-132008-20 10 t tltpjgyees rec:civc. holiday p�t.y_.il/when theyabovec��l t11� above Cgy.�.coailize _..-. . national 1c>l ic} ay_ In addition, each employee shall be granted an additional thirty- t-wcr-5ix„-.(3(2-) hours 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 ARTICLE XVII - LEAVE OF ABSENCE -P-,41-cave of Abn,ce will...liepjovidcc._as.._stat(ci...z.n....t,lac...City's .-.I-cavc.,..of,Absencc_Policy, _E ity will not elinli ate t1az5_-polic_y,dL€� ng tht,,-l_erin of this MOU I'he City wld GME . i -n €u1ai-1-y._ail eII.1PI e' .4i leave-- l a --beers- &xhau,�;ted-sh-atl..be....consiele, red ....aEi....uig,e€-it ar1d yub atlttal reason -for -the -rani Eta; -cA_- a-ler€wc...F�.h....�ih ��nce ir1 �€cec�i chile e �� ih 1-t11 l- �dniinis,ti-atiw ofAbsei1�<�3&-Pbl€ey 1=1:2'1'lte; -C.=i l -y.. -i €3 tc�i=}3r�t:�---tlt i�-��ct=ity�3-z�s--l�€-tip vicli�l.�....t11.€.t.t...-t l�c�.....cc�cicsits<�€.1.�,;.....�r►lcic;.tW.._w° laic.}1._...��ti c,rt11>lc>�+efa_�13�€1#_he...rc��tc3r�;cl_t<3-c;a11�Ic3yt�€et1t-caat-i�le�t�1���inat�c�t1-F3f�Ieave-�fat��t1�e shall s--deaj.Ty €1s--Pos-�,itdc--al t-11e.-dnae-by-the City 1n-cogjLine (Iorl-wi1-11-the rarxitlg c>f Nle leave oi' ah c�iie e: The City ani pk-lye(;'-S tat € -i"t Lilar-eatnployee-ins-not- eave'_01'.'abS01tCe7 l-73Ci.ty....eiii rloy ...vrlt<> arc wc3€l iE1 t€€- e€3t:ttl.c'ci-(:t€- s€ c� iz.�l ...kcawe;.....vac� lit�tl lEr vc�; i1<I13t€tl�,-z nd-r c over-y-[here.-ft<7t1r on the._.satlle.._tet-rnss -and condition- 1,11 nes e ..0i: medical ddsilbi-1disabil-ityleave 'shall lu)t be- useel­16r ch-iId car-O elllcl 'eiii ci , -or, PI-eparatIon— -for childbe€oring-;-.,-b€t--,,, -a11_ (��.....liF11ited t« tl oS"0 dfsal,ihtie ,( its- ict-forth--t Bove. `l he.le1--)"t}€..of' s€:€ekt_cdisahility-...ler€ve....- €3c 1t€di€1b Ek�ti on. which the. _leave- shal-1-eon-l€l1e€1ce-and._the, date-on-..,,v4iel€--the resLl€-ned; :shat.}_ be. .deterill ine:cd ley--.1110--e�rt171cyyC� t€i€ti...-tllca-s €1i131c3yec,'s.. hl�ysic tats; 110wever.411c' City_€11ay icequire z ve€ilii aiic>€1 cal=tkler....ca. to€1t <�f'...clis tl�i.l.l.ty...tllrc�L€g}1 .L 13 MOU - CITY OF LODI AND AFSCME- GENERAL SERVICES UNrr 2012-132 () W - -2 0 10 by. [ho -City -at -1-714A,n cinployee on--k-av& for., pre g1limey-, d is al,)j-1 i ty_u nd&r, .1-1 iis- pehey--s-hall be -en -tided -to i:eturn to -a--posl! lon eomparabk, firne-ffie le'aVL'.. C01,111y1enced-.- - A- the- "Ippropriale SL I an- emp anticipated- leave_- shal[ -coni nience- - C-kl)fY-llllc�iicellllel-1-,(-.I,ati-i-i.yiay-viry according -to ac t i'.1a 1-d isab ill [Y.� 0 17.6);'ltiploy (-, es W a) -e- - j-) a e e, I I av e t i I- - ty that --- 0 flip loyee. is -no -longer- 111-LI-Pay-StiALIS Sbidl- IRA. paid - k��knployi--nent- benefi ts, 's tatus- d uc-to A -is ab itity-witl--c- enti n Lie- to ewin-g- t nlenth i-n-wh i eh- the -e, a)ployee- k 1)1a0ed --i I I Sieh (2)De,rit-aly. Vision., .or Nledieal- cover! age -pas't" may -tie conLl nued-, at -i he- e,n-ipl(,)yee1'.,; expense, ARTICLE XVIII — SICK LEAVE 19.1 Effective December 9, 2003, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. r, -}�e"ewq, 18.2 Sick leave may be accumulated up to an unlimited amount. 18.3 Employees will be able to use family sick leave for parents of children not residing with the employee consistent with City policy regarding -:4fuse of family sick leave for a family members illnesses. ARTICLE XIX — VACATION LEAVE 19.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 6111 year 12th year 15 t1lyear 1)1" year Und year 3.08 hours per pay period 4.62 hours per pay period 5.24 hours per pay period 6.16 hours per pay period 6.47 hours per pay period 6.78 hours per pay period IN (10--da-ys-peiyeao {4-5-d*y s-pe-F-ye-af 0 day`, -lie -ye-ar-) (244a MOU -- CITY OF LORI ANIS AFSCME GENERAL SERVICES UNIT 1.2 Y -1-C110-9 2012.-132009..2010 23"(1 year 7.09 hours per pay period (2-3--d-a: ",er-ye-a.0 24"' year 7.40 hours per pay period y-s-peiLyew) 25`x' year & over 7.71 hours per pay period 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 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 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. 15 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT -1-2-40`108- 201.2-132D08-20 10 Chapter 3 - Insurame 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. ARTICLE XXI — DENTAL INSURANCE 21.1 Employees are provided fully paid family dental insurance. 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. ARTICLE XXII — LIFE INSURANCE 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 23`1 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. 2.h)Yee-fe+ ARTICLE XXIII — LONG TERM DISABILITY 23.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-213% 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. Please refer to the City's Policy on Long Term Disabilitv. Lefl ;-t ene-fits-aro-eOeF -naWd with Oth 23.2 The maxiinw-n lencth of coverage is three Years from date of disabily._ ARTICLE XXIV —MEDICAL INSURANCE 24.1 All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. City shall pay 100% premium for the en-iployee's family category (Family, Ei avloee+_1 , Singes for the lowest cost 16 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT -�22/4-0/N 20 I Z-1 3,mo82o-to PERS HMO available in Lodi's geographical area (excluding Porac) as of January 1, 2012. 24.2 The City will waive the current employee medical contribution effective the first pay period that begins two weeks after this agreement is approved by CoLn1Ci1. If Employee selects a higher cost plan, Employee will pay the difference as a payroll deduction. If an employee elects not to be covered by medical insurance through the City of Lodi, an additional: $692.81 per mmth for family $532.92 for employ_ce + 1 dependent X305.22 for single will be added to either the employee's deferred compensation account or cash. In_ order to uglify for this provision, roof of group insurance must be -provided to Employees will pay one hundred percent (100%) of the change in medical costs beginning January 2013. The baseline will be the January 2012 lowest cost PERS HMO for the employee's family category (Family, $1587.14; Employee+l, $1220.88; Single, $610.44). layeswliv ea�e�l�i-4©f)(�()�rii�uallted 1��ssaka�leis-fle�tf.-adlu4t13�znt� s]lt l�ctitketf-terieceie rpttr3°I, 2-0 2,4bi—the--emulyee'�- -fanpiJ��ie��l� �1"ui�3 A ---587.-1-4 —1 l��loyee+l ; .._....�._._.._.._- — �..� 4. iEr lei $610:�4)�Jc 88 fc i _f��zni cztte�;ory at_l �iip t- eejjchi- :°x404-foie�i-familt1c�tL-e&oj- -p =l Airily medical Premiums will be revi5cc 4� follows for employees whose annual_basc salary, adted faJ lTutlnubhs, is less than `4f},�0_ For those takint,; single coverage, City maximum amount 1i d will „increase by the lesser of actual premium increases from Cal PERS or 3%. For diose takip_Lj ri�7plQyee a- 1 of l ail it covcra<�c, City inaxin�um amount paid will increase as noted below: a If actual premium increase is 6.55% or less, City will increase maximum mpouilt. 1y4id-by the lesser of actual premium increase or 6.55%. _.lf_actu.al_premium increase is greater than 6.55% and less than or eclIia to Qwill increa-w--m ixim�im amountm _poid.-b the actual premium increase over G550o to a inaxin—mm of 3% (9.55%n). 17 MOU - CITY Or LODI AND AFSCME GENERAL SERVICES UNIT ?x)12- 332ow-?:�aaca If actual -p Lc -n u�i i«crease is �;reater than 9.55%, Citi will pay_ tl e incremental difference between 6.55% and 9.55% (i.e_ 3.00%)_ In no event will the amount to be paid by the ON exceed 3.00% over the current City._paid amount, -- Percenta e_increases shall be lased upon the amounts shown above($6-1-0,+4­1`61. singlc,,$ 1220.88 for Employe ] and 1 587. l4 for Famil Th tees-te �fi�l- inst3ra��oe tyre aln,� r, h 1?ranr: e�C-�i-t3�--ag ��/� C;fy , day "100-%d-prenmi��Fey only-up_'to-the-upl ighest.... 'zt'Uf #u Bur g( Og aj�lai�al-area—Er eeLiv .. jaiiiipj-W-,984---einpleyees `.slyall. eo ltf-ilrte $80.-E30--per-r,, nthfer plt�y plu�9ue -4� 1i14 { pei �h r X11 �, Ay eaverage: 24:224.3Employees 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---LM-Teer .weeF'ilber 9,om-vvQa-, it}srtt�tc '�y-c�€-Lc� ad�i-hien-al-:�;F�92.8--1-p<�oF=�l�-Tt r��l-y--er 52.°2-- fvr-erpleyee� 1 �lepect-will-lie madded -,the plvyeert Compensation aI ant to equal ene-(lfatf �-ef--thu��F 1y+rn(--�tl�-�ayt woul[i--���-Plr Veen paid �I7 y""l�l'jl 7-424y.-V.i:....LedT:"'"2n '"}.},��,'r�iiee-w'i"i'T-��CYe-eIfTigible"'""'" ©T"'_lITi-s-tr of I7:.'if Ci Yf ;l�Z�.l 1.7., C7T -,t1=1 �1Tent-afflo tnt, th klshall f � n 1.l th nf• {i fh 1.l il\�� V-CC7liZCA7 Ll I �""CI'Fti'"'t\:iiTn -C! I' -CII �" etea^ vAed te4he-Elty: 24.3 -frra-s-ne- depende*t-�,-the--C4t-y 444—e&RR -iat�t `�''e- . mer-pa-y-per-iod to he empleyees deferred cer ensa ien-a a �' ;" ;yin-ef€ective 6417-ettgh4iii : a r te-: 24The City shall pay 100%n of the premiums ora t ohemaximum City i above 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 4•-826, or other medical insurance becomes available. _:_-'.pk�e-Cts-�E�tertcls�--tc3-���pf�se--�Gafetct-i�-laa�cl-bet3ef-it.Tl?f�c�gra3n-in-�{}l�--w-i�h--rt�� of€ective-date-L},"-antgj ;. 1 _l 1i tct-t tti;; ee€ rtWjtj.-b -repenecl-l'6-r.xti�ti4�t�-ttpc�z�Wl���-:�i�'s he-Cites-l?tc�p�cc. Cafete�-ia I'fair �vi�l offezik�tntialf+:II wine e3i-i�c�ttt= bei�ettt s-t()-t11oSe^.C:LI i�f_G E3t�-r(?E.�1 V{;�1��i�1 E3it-E�3� E�i�3C' i:4-: M MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT -121-1-0/09 2012-132009--20 10 ARTICLE XXV - PERS 25.1 The City agrees to provide the following PERS retirement program and to pay the employer's cost: (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). (g) Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. (h) 50% survivor continuation in the event of death after retirement. Emplovecs shall pay the crnployce portion of Rctircmcnt Benefits as follows: January 1, 2012 through December 31,2012 - 1 % January 1,2013 through December 30, 2013 - 3.3% December 31., 2013 and thereafter - 7.0 % 25 -?-7.2 The Citv and AFSCME agree to a new retirement formula of 2% @ 60. Those employees hired after the City transitions to 2% @ 60 (which would occur once the City receives approval from CaIPERS) will be subject to the new retirement plan of 2% @ 60. Until that date, AFSCME members hired will remain in the 2% @ 55 retirement p1an.A y -ether salarwhe agreed o3et4n-i t;fte4,t�r � �a eyeels-14-ROIS'a -1 base salary. 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: 19 MOU - CITY OF LODI AND AFSCME -1-2/.J--()/`08 GENERAL SERVICES UNIT 2.0-112-J-32008-2010 Option #I — 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% ,w 12 = 14.06 years of coverage The amount of the premium paid shall be the same as the preniiuni 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 wars 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. 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. I. 20 MOU - CI'T'Y OF LODI AND AFSCME GENEIZ AL SERVICES UNIT ... �.:... � 201 2- 1,32008-2010 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. ARTICLE XXVII —VISION INSURANCE 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 he paid by the City. 21 MOU — CITY OF LODI AND AFSCMI Chapter 4 — Safet GENERAL SERVICES UNIT ARTICLE XXVIII — SAFETYISAFETY BOOT PROVISIONS 2012-1.32008-20 1 () employees-and-srhall t ,€, �€ all -c`r'y iizii �—io�-ca:icy-���tirr-i=c-nisvrriic�l{ 28.1 The City agrees to provide an annual boot allowance of $200, paid quarterly as Part of the last biweekly payroll in the months of March, June, September and December falls met lieet�;�e�x�-with-reipt}p t;1�0�8- fi-,,,,e -yeav for the following classifications: � sc� ' -te- Traf ie Engineef Building Inspector 1/11 Community Improvement Officer 1/11 Engineering Technician 1/11 Jr./Asst. Engineer Public Works Inspector 1/11 P-urchasl ng-Teohmiei-ars Sr. Building Inspector Sr. Engineering Technician (1) (who do inspection/survey work) Sr. Storekeeper Supervising Code/Community Improvement Officer 28:328.2 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. 28-. -- U�eme-aper-epriate trt}ob elaific-atit��� �tnd tk�e spec3y lea-:�,40 �Iewwe&,Perforffled: 28-:428.3 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 28:528.1 .Employees performing duties/tasks without appropriate footwear may be sent home and additionally may be subject to disciplinary action. 22 MOU - CITY OF LODI AND AFSCME 4_2.40/08 GENERAL SERVICES UNIT 20124 3?.00s-2{.} o j S — Work s, 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. Alternate work hours may he 9 hours a day in the 9/80 schedule for 80 hours in a two week period, or 10 hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the Supervisor. (a) Employees of the Library inay work a schedule which includes split days off. The hours of work shall vary according to a pre -posted work schedule. (b) Parking Enforcement Assistants and Animal Control personnel shall work a schedule which may provide at least one person to work each Saturday. (c) Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor. 29.2 Work schedules presently in effect shall remain in effect. Any change in work hours or work days shall. be a meet and confer item. 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. 30.3 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, 23 MOU - CITYOF LODI AND AFSCME GENERAL, SERVICES UNIT 2012-132009..2010 the City shall provide the employee with meals in accordance with the provisions of Section 30.1 hereof. 30.4 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. 24 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNI'i' 2012-13200820 I lapter 6 — Association 1, iti Issues ARTICLE XXXI —ASSOCIATION LEAVE 31.1 Whenever any employee is absent from work as a result of a formal request by t4ie -AFSGMEAFSCME 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. 31.2 The City agrees to provide storage space to I-he—AFSCME for association materials. 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. ARTICLE XXXIII — CITY RIGHTS 33.1 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: • Determine the mission of its constituent departments, commissions and boards. • Set standards of service. • Determine the procedures and standards of selection for employment. • Direct 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. • 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 ofjob classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized 25 MOU - CITY OF NODI AND AFSCME GENERAL SERVICES UNIT 2()12-13 _oo,�-2. w o 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. 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 American Federation of State, County and Municipal Employees (AFSCME) for the General Services Unit. The parties to this MOU acknowledge and agree that this MOIJ 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--AFSCME in Exhibit A. These c -bawl 4eal-ions ire --a- follows•: Aceeunt-ing-C-leik 1/11 n-'H�inis�tz iv Elegy -nf�f� n ,a. 4i- -f:nr-R A-,—,,] c ,...; L, c. �H� 13 ii1 U i-ee5 f' �pef'4� 'iAi Aqua,C�vru ie'w�a R 111EfH�,-iiii�3$tiiHH�i�Zi Building-li": eete', Sn i` Q T Lil�pr evel\i'n lirIfC off-.- 141 C-tsster ef-seiwiee-l­ep-I/T1IE�fsc���F�fEcs hep ; fir. hffi( -y-�pecral 4t 11 E•agi e ,, eehn4efan, Field efviees lkepfes,entariv_ Eield-se. ,ces SUpe iser l�i-rfanEe-`fee--hn-�i�rf LEl3Par- L'i'1'xafy AsSsi4d Meter Reader Netwel-k- 1 L'Cllf3tC P-aFldn_ Enfo r_e�,t� si tpint n . n jeet Ce ,, ate ' eNlT? • s f9 i -a4e--r�ccc'Tz�e�-c--sedE-Al/Il- - 26 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT -1-12/10/08- 2012-132009-2010 Polieds Clerk Supei-vi:, r Pol .'ee +a6ve-G1ei k Pu-lalic-�Caiks-I�;pec=te����trre�iri�i��b f�clirri tiV��JL�u P 34.2 The City shall grant dues deduction to City employees who are members of t -h,& ^z SES-MEAFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51ic3n 4� I�tle 2-oiyLodi l�cr-3344 itis C61i�31£'isµ �ii1{1 £f3—� arx�P'v=v'i7ivi75 E3=tie Employee £�l�yeielatit�►s Re�t�lt�ti�ii:" `The-AFSCME 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 AFSCME 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 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 27 MOU —CITY OF LODI AND AFSCME GENERAL SERVICES UNIT _PIVII.10A i, 20 12-1 3 7OOS 2O a d:1 Membership status shall remain in effect for the duration of this Agreement except that an employee may change his or he:r 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: .o_—Union Membership Dues 2 --Agency Shop Fees o AFSCME Voluntary Political Action Check Off (PEOPLE) o 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 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 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. 04:3 MOU - CITY OF LODI AND /1I{SCMF: GENERAL SERVICES UNIT 1.0/09 2Q_ 12-1_-9-008-201 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 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. ARTICLE XXXV - GRIEVANCE PROCEDURE 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 A42SC-M-1 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 thf,-AFSCME 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, tI-1+--AFSCME, 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 t-he--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-AF8GM-EAFSCME or the City. Class action grievances shall be in writing from the AFISIGM-EAFSCME to the City Manager or 29 MOU - CITY OF L,ODI AND AFSCME 1/4-0/019 GENERAL SERVICES UNIT 2() 12-132..00s--)-t)IE) 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 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. 35.5 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 AFSCMEAFSCME 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: 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. 30 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 1_.2./. x/09 2012-1.32008 2010 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 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 ajoint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. L 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. 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 or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action. 31 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 1-2,110/0-8 20 2-1 32ow 2oto 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 he cited by either party as evidence in the settlement of subsequent grievances. 35.8 An employee may represent himself or herself at any step of the Grievance Procedure up to Step 3. 35.9 Only AFSCME may appeal a grievance to arbitration. ARTICLE XXXVI — MUTUAL CONSENT CONTINGENCY O -:1 -This MOU may he amended any time during its life upon the mutual consent of the City and the-AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU. ARTICLE XXXVII — NO STRIKES 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. 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 he 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: 1) Vacation Leave — See Article XIX for vacation schedule 2) The use of the Grievance Procedure to grieve termination. 3) The City and the employee may mutually agree to extend the Probationary period for not more than 6 months. T -he AFSCME shall he notified of all extensions. 4) Probation shall be extended for the same time as any leaves of absence. 32 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT -1-92714-0/01.8 2012 -132-4 »-2t) i o 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. ARTICLE XXXIX — PROMOTION 39: -1 -The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within consistent with the best interests of the City. ARTICLE XL 'SENIORITY 4.4 -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. ARTICLE XLI — SHOP STEWARDS 4-64-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 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. ARTICLE XLII — STATUS 42—JEmployces 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. 33 MOU - CITYOF LODI AND AFSCME GENF;RAL, SERVICES UNIT 20 12- 1.32,08-2010 (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 he given preferential consideration for promotion or transfer or he 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-e-entFaeE er l�yee i an- r��ploy e l ig-off ��n z � -time o ��11-tire OF ftiflOR—fOr- Li 1imrte�l Ax,ion�uc1� ens-ple. ARTICLE XLIII — LAYOFF 4 -3 -]-Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XLIV —TERM 441 -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 parties agree as follows: TERM: Covering the period from 1, 201205 through December 31, 20130 K,! MOU -CITY OFLODI ANI) AFSCMIM 1..2/..:1 10/0.8. Salary Schedule Effective 1218/08 GENERAL SERVICES UNIT 2012-1.2008 2010 ATTACHMENT A Occupation Title OCC Step A Ste B Step C Step C Ste E Accounting Clerk 1 5 2501.75 2626.84 2758.18 2896.09 3040.90 Accounting Clerk 13 3 2751.92 2889.52 3033.99 3185.69 3344.98 Administrative Clerk 372 2492.03 2616.63 2747.46 2884.84 3029.08 Administrative Secreta 376 3314.83 3480.57 3654.60 3837.33 4029.20 Animal Services Officer 39 2812.29 2952.91 3100,55 3255,58 3418.36 Animal Services Supervisor 25 3234,05 3395.75 3565.54 3743.82 3931.01 Aquatics Coordinator 440 3282.63 3446.76 3619.10 3800.06 3990.06 Assistant Engineer 51 5130.82 5387.36 5656.73 5939.57 6236.55 Assistant Planner 56 4187.19 4396.55 4616.38 4847.20 5089.56 Associate Civil Engineer 66 5843,90 5926.10 6222.40 6533.52 6860.20 Associate Planner 68 4605.91 4836.21 5078.02 5331.92 5598.52 Building Inspector 1 74 3827.54 4009.51 4209.98 4420.48 4641.51 Building Inspector Il 75 4200.44 4410.46 4630.98 4862.53 5105.66 Buyer 76 3825.20 4016.46 4217.29 4428.15 4649.56 Community Improvement Ofc. 1 116 3636.74 3818.58 4009.51 4209.99 4420.48 Community Improvement Ofc. ll 118 4000.42 4200.44 4410.46 4630.98 4862.53 Customer Service Rep. 1 354 2501.75 2626.84 2758.18 2896.09 3040.90 Customer Service Rep. 11 353 2751.92 2889.52 3033.99 3185.69 3344.98 Energy Specialist 150 2861.22 3004.27 3154.49 3312.21 3477.83 Engineering Technician 1 157 3854.87 4047.61 4249.99 4462.49 4685.62 Engineering Technician II 159 4240.35 4452.37 4674.99 4908.74 5154.18 Field Services Representative 36 3402.10 3572.21 3750.82 3938.36 413528 Field Services Supervisor 35 3916.23 4112.04 4317.65 4533.53 4760.21 Finance Technician 355 3329.83 3496.32 3671.14 3854.69 4047.43 Information Systems Specialist 127 3781.93 3971.04 4169.85 4378.06 4596.96 Junior Engineer 207 4664.39 4897.61 5142.49 5399.61 5669.59 Junior Planner 210 3806.54 3996.87 4196.71 4406.55 4626.87 Librarian 1 220 3987.80 4187.19 4396.55 4616.37 4847.19 Librarian 11 222 4386.58 4605.91 4836.21 5078.02 5331.92 Libra Assistant 228 2616.64 2747.47 2884.84 3029.08 3180.54 Meter Reader 267 3095.83 3250.62 3413.16 3583.81 3763.00 Network Technician 426 4535.45 4762.22 5000.33 5250.35 5512.87 Parking Enforcement Assistant 288 2833.95 2975.65 3124,43 3280.66 3444.69 Parks Project Coordinator 271 4664.39 4897.61 5142.49 5399.61 5669.59 Permit Technician 69 3148.21 3305.65 3470.93 3644.48 3826.71 Police Record Clerk 1 313 2473.50 2597.18 2727.04 2863.39 3006.56 Police Records Clerk 11 314 2720.86 2856.90 2999.75 3149.74 3307.22 Police Records Clerk Supervisor 316 3128.51 3284.94 3449.19 3621.64 3802.73 Program Coordinator 286 2911.96 3057.55 3210.43 3370.95 3539.50 Public Works Inspector 1 320 3818.58 4009.51 4209.98 4420.48 4641.51 Public Works Ins ectorli 321 4200.441 4410.46 1 4630.98 1 4862.53 1 5105.66 Purchasing Technician 324 3186.89 3346.23 1 3513.54 1 3689.22 F 3873.68 Senior Administrative Clerk 375 2741.23 2878.29 302221 3173.32 3331.99 Senior Building Inspector 72 4620.48 4851.51 5094.08 5348.79 5616.22 Senior Customer Service Representative 351 3028.06 3179.46 3338.43 3505.35 3680.62 Senior Library Assistant 231 2878.29 3022.21 3173.32 3331.99 3498.59 Senior Police Administrative Clerk 315 2901.72 3046.82 3199.16 3359.11 3527.07 Senior Storekeeper 77 3326.27 3492.58 3667.21 3850.57 4043.10 Storekeeper 322 3023.88 3175.07 3333.82 3500.51 3675.54 Sup. Code/Comm. Imrovement Ofc. 110 4600.47 4830.49 5072.01 5325.61 5591.89 Utility Billing & Collections Supervisor 356 3997.96 4197.85 4407.75 4628.13 4859.54 35 MOU - crry OF LODI AND AE"SCME GENERAL SERVICES UNIT' 201.2-132008-20.W Attachment B C1 �iil�kyL-z�i--e�aiadi}eE-f3sv o11 1— �:— ieciarl1�v�Te{ l�i�rf��e��i�A. ,lipfel-ellv-c=a�;i�=��t�-stR w44"&4&n-. ef. the-swdy, anew ela, , 36 MOU - CITY OF LORI AND AFSCME A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO Nancy VinsonFeli-x—Rtte4a BartlamKi Chief Negotiator Date: Sherry Moro m-afk- i:rggiere President Date: Linda Tremble Lice-PresidentAdminisu,ativti ef-i .' f -Y Date: Donnie Sanford&hefF- -4etw Vice Presiden-PLifebasing-c-�ir"r'r�'rci�uix Date: _Terri Lovell-H-ale-Ta-ykor S ee retaUIS--Spccai-al-W Date: Dan Tarnaslc Meli-Wa :Vit,�,&n _MO RepresentativeS► Ctiate�naetd�ee lam. Dater Brian Longe MO Representative. Date: 37 GENERAL SERVICES UNIT 201.2-1.32008-2-0,10 CITY OF LODI A MUNICIPAL CORPORATION Blah-_ Konrad City Manager Date: Dean Gualco Human Resources Manager Date: MOU - CITY OF LODI AND AI~SCME GENERAL. SERVICES UNIT .J 240/ 9 Date: Date: Sandy ,Smith 11� 38 20 2 --1 3-a.)m;-?.0 i o EXHIBIT B MEMORANDUM OF UNDERSTANDING CITY OF LODI A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO MAINTENANCE & OPERATORS UNIT January 1, 2012 - December 31.2013 MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012- 20132008-20-I 0 TABLE OF CONTENTS CHAPTER 1— COMPENSATION & WORKING CONDITIONS Page ## Article I Article lI Article 111 Salaryie.,,, and Other Overtime Class A License 4 45 7 Article IV14 Temporary Upgrade 67 Article IV Education Incentives 67 Article VI Bilingual Pay 7.8 Article Vll Hours -8 Article Vlll Shift Differential 89 Article -VII1X Meals 89 Article IX Standby Duty X10 Article XI Mileage Compensation 910 Article X11 Court Appearances 91010 Article X1I1 Tools and Uniform Allowance 110 Article XIV -14- Safety/Safety Boot Provisions 12 -1 - Article XIV Workers' Compensation 121 - CHAPTER 2 — LEAVES Article XVI Catastrophic Leave 132- 32Article ArticleXVII Bereavement Leave 142 Article XVIII Holidays 14-:� Article XIXV-IIII Leave of Absence 154 Article XIX Sick Leave 16-5 Article XXI Vacation Leave 165 Article XXII Chiropractic 18-7 Article XXIII Deferred Compensation 18-7 Article XXIVII Dental Insurance 18-7 Article XXIV Flexible Spending 18-7 Article XXVI Life Insurance 18-7 Article XXVII Long Term Disability 199 Article XXVIII Medical Insurance 198 Article XX1X% PERS 214-9 Article XXIX Sick Leave Conversion 224-9 Article XXXI Tuition Reimbursement 244 - Article XXXII Vision Insurance 24 -1 - CHAPTER 4 — ASSOCIATION / CITY ISSUES Article XXXIII Changes in Memorandum 252 Article XXXIV14 City Rights 252 F, MOU -CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 1 20.12,20.1.3.2008-2010 Article XXX11V Demotion And Layoff 26-3- 6�Article ArticleXXXVI Employee Representation 26a Article XXXVII Grievance Procedure 296 Article XXXVIII Mutual Consent Contingency 33} Article XXXIXVII4 No Strikes 330 Article XIX-XAq.X Probationary Period 330 Article XLI Promotion 330 Article XLII Seniority 344 - Article XLIII Shop Stewards 34I- Article XLIVIT Status 34.4- 44Article ArticleXLI-1V Term 35-2 Article XLVI Union Leave 35-2 Exhibit A - Salary Schedule effective 12 091/201209 Exhibit B - Incentive Pay Schedule Exhibit C - Incentive Pay for Equipment Maintenance Employees Exhibit D --- Certification Pay E�ktib 4 RR� �3t�1 I�lt�t�-err I✓c�uipt t�G=- �-fllieni:4 E*hibit-E MOU -w CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2.012-2013.2005 2-4)40 I"I4 2'009_2010 Chapter 1- Salary an Ph.nhMRS ARTICLE I - SALARY -2{08) -- of _ 1k wage I3ar�aining unit membus agree to accept the following furlouLyh. hours during the term of - this MOU: .July 1 201.2-Decen—ibe; 3j,2 _12 72 hours, of wtaicli ) 8l_ oLi cis occur on a fixed d4 d� Llll[ig the momh ty i 1 I jd i aLd 3, 8 -hour dam will he floati l and must be used by December 31 2012 unless there is a Scheduled conflict. January 1, 2013 -December 31, 2013 - 96 hours allchi: which occur on a fixed clay during the month (typically a Friday) unless there is a conflict. Fixed and floating�(qrlou h leave shall be deducted .fKQcjjh���ai,z�i�� unit, men-lbers salary in equal amounts duri.m4 the particular term. L:2h #=fee{{ve the, lis t hay. peri€gid-...ire w4ii(1h JH] -y-1; 2009..falN%; c,rnployees..will I -receive a cost o1'-h-V4n= .--adjLtstt� Oakl-arid--��t�-��..._.lt��e:......_�hl���---i�����c�asc....��,.i.1.1.....i3�-_��«-- General— _Funtl--R. evenuto the Report., -.do -not- V/0 ot V/0 hr(.)ni.. the, -hfeviou,,, i'i�;cal year(usin--fiscalhar-aatliLed- fimaneiai..-m len,)en .) 01 -e-ard to gest-of Gfltitl)0n4e lff3}1 t43 L 13�(�i1-fi3 I3C; f3t�Yc1 {rV 1C3f ll� yit�3�s .t {3LIr� �t eonducted--1n -241 G. MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT f 201.2-20132008-2{)-10 I :AFhe < it airc#-APSQA/1L E3a11-e<3t c#ric t-rr ec>ttr 3relici #AI&c t3 tr 3e r ti iOit€t-vt cities -listed k�taw-=l lec�►3xpr�ioi+nJi#1- tI��IWcta-frrt te:e-Fisted-cii it ai fo�ti:yc� cl t �c> c €ter �i 2(l Hr�3 �ci e€fix-� lte pir-atif3i3-e> the e e� pei� t it3i� st r -vel <3 tlrc� fi!'teerr c di,,teci--.in--seet4<3n- 1.5—Solar-ie�,-wil.l be -based tahF�t3-tlt sr�laiifr�#Tcet-a c=;Irali;4#{l. '1'i�c Ci rtlsc2;rc cs-ti�'tt tllt sLr:v.cy_.will_be eora�pl�tctl-ley S�1�te;�iabe.r-...1-;-2{.l.l. {}: I.I For com,arison purposes, the recur -mined sgrya.-cifes gre as_foIlows: Thefifle-eir Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland 1.42 --If any City b�ir aininr unit, group, or City Council (except for IIIEW)_ receives a salary increase or a higher value medical and/or retirement benefit for -the MOU negotiatecC��� lastlbestlfinal offer int _osecl. tl q oEherwise expiled oil December 31, 2013 orbv resolution ado )ted b,v Council t.his_Linit will receive the same benefit -1-f --rte-Git�l3 to i -n -i rt«it_ nci ik3e amity Cc}t�3 c � :c i-1I3LVd�-t°e iv ;:a sa��iricr-ease-F>r�a;,E ri gE��r-val aE�31�ed it;aE-�t�cl/c�� r�titei��en�..1�e3�Ef'i t-#{-n-tl�e-MOU t gflti t t- i iz t e t/fEna-l—o fet.-ijivose l�11IZIa « hef�v i e &X-.. .1 2412�of prrl_2 _1 , �krrs trn t wrll a'ceeive-tEle ;�tn�e b r� iltThts Clause shallriot be triggered its a result of a delay in im lernenting the medical cad to�zi_ve affected emoloyees the oPP(! g_j!Lt.y to 11 we to.a lowers cost_pI-u_pon the next available P -P— _mkQIltIr('L t_pc rbI 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-tiiire--E or -ked 3:L 1) Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Sections 6.I and 6.2; and 4.11 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. MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013200 2010 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.-__I-td)d) idtiv,..rfor overtime. €}urposes_ its defined within the Holiday section of this MOU 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 (144) 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) 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. Phone call lasting less than 1,0 minutes and docs .not_r_ecluirc substantive work would be paid 1 hour at the al)propriate overttime ague. Calls t3aore than 10 minutes would receive the standard 3 hour callback i a 4P.p!Nc P z t overtime rate 2.10 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: 01 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-201312008-20 10 �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. (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. ARTICLE III - CLASS A LICENSE Those employees �_�c. ii►_ed to Dave a Class_"A" coinmer6a] driver licct�se as pL rt.c�1 tl�c it employipent will be biven $6003 pc:", � to he paid i� Qctc}loci of each year. ARTICLE I-IIV — TEMPORARY UPGRADE 34 Atly employee whcj is assigned ley_the_Department._.Head_or desiz�aee to a �tibher classification in the absence of the incumbent shall receive a 10% vvagL increase while to this status. I owcyegK i€1 1Q event shall the upgrade p,1y per.Ia 1u _ xcceci_ the "E" step of the classification to which the employee is tcnjT)oiaiilv.._up6ra ed_ «L �;le}t c3fhc�clasilicitict� tcj w1ri tl�� ��r�Plt�yec� is t�t�}�c�t���+ tici�geat d 'Phis a:5s br�tel l ibhcf-Tcl�tssi�=ie�� it3i3 ��t cl be tetrc�zetive €c3 the l�el;i� t ie3 cel=tli 4 lto- tir period. ARTICLE IV — EDUCATION INCENTIVE 14.1 The City shall snake available incentive pay as shown in Exhibit B & D. 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. .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. 0.3 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. 7 MOU - CITY OF LOM AND AFSCME; MAINTENANCE AND OPERATORS UNIT 0.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as outlined in Exhibit C. 0.5 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: 1. Only courses listed in Exhibit.CD 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. 3. 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. Incentive this subsection arc limited to employees hired prior to the execution of this MOtJ. ARTICLE<' VI -BILINGUAL PAY 5-4 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 the discretion in determining the languages that will be recognized. ARTICLE VII - HOURS 67.1 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. Altaiiato work hours be 9.__hours adav in the 9/80 schedule for 80 hours in a two week period, or 10 hours per day in the 4/10 schedule. 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 105%v above their _current hasc pflie MOU - CITYOh LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-20 I 3�J 008-2 1 O Iii=iezitc�r-c�i=V4zatew�ite� I?l�in� O1�ez�E3►-I I. 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. 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. ems: cl��ipn� ��t Mai�3e ��z�E�e c...persol3ne1-sl ifts SA-0-a-1-n-to-2:4)(YP—.n3,-()r...2 0Gp:if i.... -to -4-2,30 a-:ni-:-M-T-H dkr�� lle cause <a1=Eli; MOU: 67.2 Work schedules presently in effect shall remain in effect. Any proposed change in the work days or work hours of-wofl1 shall be a meet and confer item. ARTICLE VIII - SHIFT DIFFERENTIAL 74 An Operations Premium of 3% will be applied to Wastewater Treatment Plant Operators all hours worked during swing Swing shifts are those daily work periods regularly scheduled to begin from..,2 x12 e3°eloel��eot� to .128-tipm. Gi:ave-y-afd s1�if-t�-at-c�these-c�ui��-w<3�-1�-p�E-ic�els-�-cgr�I-af�l�y �;c;heeluled-ts�-13o�Er�� €fc3��-S-pr��-tc�-4-a�1�€: -Shift assignments shall be made by the City at its sole discretion consistent with c�tl►c�r }�r<3vii}��s < this MOU. I ARTICLE VHIX -MEALS . l If the City required an employee to perform work for one and one-half (I /a) 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. 813.2 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. 601 MOU —CITY OF LORI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2.012.-2(} 1.320€?8-20-10 99.3 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 otherthe provisions of this MOUJ-See6on-63. 89.4 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 ineals 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 p.m. and noon –6:30 p.m. ARTICLE IX-- STANDBY DUTY 1)-.4 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. ARTICLE XI – MILEAGE COMPENSATON 4-04 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 i-nefea-ses-changes_shall be effective the first day of the month following the determination of an increase by the IRS. ARTICLE XII – COURT APPREAIZANCES 14 .l 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. 142 If jury duty attendance is less than one-half of a normal working day, the employee is expected to return to work. 14-2.3 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. 1.0 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 1 2012-20132-2008-20 ...10 1+14 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. ! ARTICLE XIII— TOOLS AND UNIFORM ALLOWANCE -1-24 Uniforms provided by the City shall include ajacket, 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: Environmental Compliance Insp. Facilities Maintenance Worker Facilities Supervisor Fleet Services Supervisor Heavy Equipment Mechanic Lead Equipment Mechanic Maintenance Worker I & 11 Park Maintenance Worker 1& II Chief Wastewater Plant Operator Park Maintenance Worker III Park Supervisor Parts Clerk Plant & Equipment Mechanic Street Maintenance Worker III Street Supervisor Sr. Facilities Maintenance Worker Sr. Plant and Equipment Mechanic II,re W/WW Maintenance Worker 111 Water/Wastewater Supervisor Water/Wastewater Platt. O.p.gE QK 1/11/111 Welder -Mechanic Coveralls as needed, but no more than 3, are provided to: Chief Wastewater Plant Operator Plant and Equipment Mechanic Wastewater Plant Operator 1, I1I Environmental Compliance Inspector Sr. Plant and Equipment Mechanic Maintenance Workers I and I1's assigned to White Slough Smocks as needed, but no more than 3, are provided to: l7iyabonitcar-y-Se-F-Vices-SUpei-vis'01- Laboratory Technician I and 11 MOU --- CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2(} 1 2-20 132-008-20 1-0 ARTICLE XIVH- SAFETY/SAFETY BOOTS 1--3:1' he Ei rcaff3ts iE;-d�si-e ����cl-ri�tf} htt�v�elc� 4-sa{ pl��c cif cj�}�1c�y�3L����3i its 13-.21.4.1The 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. 14.2The CiV agrees to urovide an annual loot allowance of $20{),....paid quarterly 1?,1f"f the last biweekly payroll in the months of March, June, September and Dccemhcr {ells -Thi City �gEeu-t<�-lsicavicieaf��t�+-k�c�ot i i€rrt�u�Ec�t4 ul� to 1� ()(?with rvc�Ep 1e�-(i� e al y�-for all classifications in this unit except: Laboratory Technician Ull 43AI4.3Safety 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. 1 _�.` 14.4�t-let-y-._t�c3c-�t-s--r���:int-tie-al3prc�pi-i��t�--cc3...t1�� j<31�-el�ti�ificati<}n�--a►�<i--N��--sp� i{=i�;-�vc�t=Ic -1-:3 614.SThe City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 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 frorn 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. 12 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20)12-701.32008-2k) I () Chapter 2. Leaves ARTICLE XVI — CATASTROPHIC LEAVE -1-4-416.1 _ Catastrophic Leave will be provided as stated in themCity's current Policy. The City will not _ lil- inate this poiievW durinfie terra of this MOU. Catastrophic Leave m,,jy be utilized for care of.. an qmpLoyL s (jualified family fneebers Is identified in the City's Catastrophic Leave Policv) even if the emp}avec �jrt.icipates in ShortTerm Disabilitv 16.2 Catastrophic Leave maty -1 e utilized Sacco+dirt; h Policy_ uholl, ex i11a ion of ally_ use of -Short Tem Disability (3+3b tCiiT+ f11ii{�4 -@i E3kfk�+y-{ 13t�t1 st d11-@iTi}J (3jE'L' la@37G ._...Qat-astroph-i' Leave--W-H-1 he -funded --b valLuata--y-tt-an fel ©f4heAol ated- of}teen-sate f -y ti i=tt�v�tc;atic�ri-art{l�c3t�c3tllei�-t-i�x�e--�tie:r-+i�ulatecl l>y-t3 t@-i-rtei��t=��� l-}; �?L-i�1pl�yee�--+�eee-i-vii�b�L:eji�=l'c�i��—I3i�alti-l-ily.._Zire -nc��-o1i�;i-l�le--Eco►—�a{z��t}e��hie:�-Loav@ bencq=i-ts-: t+i��vF3e-ablt�: IiAAMI LIQ - ��tt3� 4-_5 x 512 1-�.�-lCz�t��tt�opl�-ic;-I✓�t�� -Zvi-ll--b@-+�c1i�=ti�ristc�+�c�d-i-��--ace;c�i�dzai�+c�-�vit}�--tlie��t�a�lt-F�l�liic I.e:av@ fat tt:5 trc-t}�l3it -L@� vc�}�2i�+-�I�;c�- lte-ct�;tcl-i'oi--p a re��-tom ac c� c*Ei-tii�3e-._...This b@r�efi-ca+�-t c3t=lse.....used- fo+-+n.(@ than-sig(fir)-concc hive fr�c�rrt}n: 1-5-:CvAn...cptFryoe ci@iii@cl-C atztti<�pltic LeziveS I}ttta3 Itic scat+cc: tla�ry +tpe+�1 tee the Fity. 13 MOU -CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2 012.-29132. 0 t.} y... 01-0 ARTICLE XVII - BEREAVEMENT LEAVE 4-64-17.1 Regular employees shall he granted X4-3 days hews -of bereavement leave per inci lent ca4endars 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. The immediate family shall be limited to an employee's: .spouse parent grandparent grandparent -in-law parent -in-law child . graiidchild son-in-law daughter-in-law . stepchild foster parents Bbrother half-hrother half-sister sister or a more distant relative who was a member of the employee's immediate household at the time of death. 4-6-217.2A 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. ARTICLE XVIII -HOLIDAYS 44418. 1. Members of this Unit shall observe the following LatigjILl observed 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 3'" Monday in January 3"' Monday in February Last Monday in May July 4 I" Monday in September 4"' Thursday in November Friday following Thanksgiving Day Dcceinber 24 December 25 l zalplo e eceive holiday ..p y if yjL(ji they wc� k on the above Cit r cc7,nic d national holiday In addition, each employee shall be granted thirty -t -w -e -six (362) hours of holiday leave to be taken off at a time mutually agreed upon between the employee and the department head. Holiday leave ti��� rr�ay be i� eibl3k { 1c�ru—���cc�ts-znd cannot be carried over into the following calendar year. At the disc ktic�t of�he 14 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 1 20 € 2 -?_01320€ 8--201,0 -1.7,-I _-_Holidays which fall on the first regularly scheduled day off shall he 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. I8.2 Holiday time may -lie-_takcm in charter hour increments. ARTICLE XZXVTkk - LEAVES OF ABSENCE 18-1- Leave of Absence will be 11 gvicied a5 stated in the City's Leave of Absence-PoIiU,. The-Cit�y will not eliminate this Policy duri.t?g the term of this MOU The city -and ARSGI�/I1✓ tit3trtul�y-zt�tec� tlr�it in�tk�ility tt�-�t1�-r tt� w}rk af�e tt� c�tt}�lt�yee s sil< €�ave-has--d�ee� t- exl?z3�t �tecl--�l�-all-be-et�r?�i�Iereel- t�t�--t�rl;et-�t-ztt�ci-s�t€�s{ a-r?� izi-k--t=e�set3-f«r t-l�t�-gt=zif��-i-t�� c}4'--a--Eezt�e c�€=zrl�s�tac;e-irt�ec<�t-clttjlc�--wi-tl�-tl�te--Acyl-t�ti-E?i�t��aiive-l'�51-i��-Gel T?t�}c;c�t-€tE�e-Mit��t��€—L-terve- �f=-Abs�►�tee-Rel-icy: 1 , ?=1'he ity Ket} t-ets-tl i cetic�E�—as-}�rc}viding- that the ee}t�ciiti�}tom tattler--wM h --an eff?pl-oyee-,,4" 1l-l--be--t t(-)i-ed-to-ef-ip4 yt teiit-c3ti-tlii,--tet-tititi-Lt-ti{)ti o lea-v--ol=-absente aha}l-Itis st�tteel aciiE-iy its }3c�;ihltt t:l�e t�13y-t13e fit itrcc�f?j+ mtiot?-with-t€?e I;t�a-r?�iEab.E>{•_.t13e- 4e-ave-c��-ahsertce:--'1=-he--CiEy-t-e�i4=fir-t-rte;y-il�-psi-ic;y--tl��t--Gtf3-e3�-t�ic3ye �tf-ts-as-a-pef=E?��ft�erf€ eft?pl{}yec-i;s--tit}t--it33priired--l�-y--s�tz�l�-lc�a-ve-��abse���:� l lg:-��it-y�-�r�tpha-y��:�;--ffre-��t�t i�led-tE}- rt:se-:fie:lc lcrt-ve; vae�ttit�E�--IE'-tfve; c}t-kc�t- b tet�f?�-c1•i-sari-Ii-t-y lea-ve-i�r�el-is-ttl3i�-hies-�c=-apt;sed--c�t�-c=��t3�t-iT}tttecl-tE-}-1;��-pre�t�tztr�e}�tt�ti5e;a�-t�iftbE; cf�ile�biE�ti�; �tt�ci--t�ec-e}v�E-y-tl�et�--€r<}t��--e�-thctf3?e-t�t�Y�s-at?cam ec}t�cli�i<jt�s-_bcrvet�lit?b leaves--c�i� absct�es dot c�theE=rl(nees cit-ttecic-al cfiafilties c�tftet-t��-stitbility lea-vc—;s-h-al-I t?c}t-bc��t:t:secl...fc}r clfilfl-c�tf�e; c1?i1d-r-cat-it3�,-cit-}�f-clot-t-at�flf?-fc}�-c:-1�-i-ltik�ea�-i-ESI;; b€3�-sl�zfl�--k�e i��ck�ttli.�? the -date c3t� which the lezte shall ec�f�ot�� e� at3tT EIclatc e�t� wh}zlt the c} utiLs-at-e--tc-�-l�cLt��E�-�c�4€�-all-lie-cleterft� i neck--l3y-the-e��{plc3yee-a t?el-the-ct�tl�le� yce"'-s 13l?y-siti-arr;-Dewevtf•; t-he--C;kl-y---t�=tff-y-i�ec}tfir-e Wit" vet�i-f=i�titi<}f3-c}f tkfe-e�-xtet�t o€=cli;5tfhility tl?t�}t:tgl?-�� pl3ysical�--erat-t3�-if?-atieE�--c-3-f--tl?c-�t��t}3lc�ye�--l�-.a--{�l3ysi�;i-ate-_ttpl}E3irtted-l�y--cl?i EEty-&�: L:fty-e�-pei?:4e: .1-8:'l�t�}�eyces-�tt�e--etltit lecl--tF�-Dive-qui t hc}ttt-prt-y._.c�t�--c�tl?it-l-�ertel=i� s._fc�f-_.ttp-tc�-:f�rttr--t�<}f?til?:�t -f�ren�—t��cfale-c>d=rli-sal�il.ity.-beca�fse---ot=pi�cgjiaf?Ly; �r�iseat�t�i-a�;e,...�c;l?i-kil3i-rt-1?; -cit- t�eee5vet-� -tl-sere-f-t-c}t�-t���e-t�- :�ic:l�l e �fve--l� af;-k�t�et3-cx hZtftste�i :—=Fl?e-tiztt�-eta---w-€-tfch-the cf??pl<3yee-s�Eill-rest}t•�=tcLckf�t-ies-s€111-f}e-cletern3it���I"k�y tlte�-efnplcjyce c}ta--Icave�af�d-lhe eintplf�yee's-}}h�si�:i-ail�e}we-ver; t-he-�i�-y--t��-ate t-ec�Ltif-e-zt�et-i-f=icati�}t�-c}T=the-extef�t-c�€' cTisabflit-y--tltf�e�t��l�t�-pl?ysical--exrtt�-i-E�a�i<}n-c}�-E k�e-ett�}�If}yee-l3-y-�.t-pl?y-sic-iaj�-4ff}13c3it�tec-I hy-the-City-: .l-l�:�-�i:n-�t��t}�leryec�--c�t�-lea-�F�--fc�r-.l�rebt�attic-y-cli�flrilit� t:tt�<iet-._tl�i�-}��}licy--sly-�tll-k}e-cE�€itlecl--tc> ie{�kf'tl-tE)-ll?t'--5ii?#?��3(>fit-it3i1-[fir-t(}-a--j3E)�1{tf3t1-(:(}illi&i�131e-t(} �t(�izt� hLlf�-i?l -th{� -ttil3ta--i13f', 15 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 210-1-121--2.0.1 32008-20],0 leave(Oi13i3f�93EE'fl: �r �i�ty�;Y�3��i� �i��ty&SE i�1t}�{ bl' {9f<3�iflfi't� {C) i`li� ate aiititi a d-cla€ €pc>� wk�itl�-kc ve-�,h-all-ce)niniell ee-,-ri-R-hourgk�-t1�o an -es Ei urate-F31=the-el�� r'at-i c>i�-F�f-tl�c-k wave: .l...t3-:7-E-rx-�plc�yt�c:5-�vhc�-4��v-pl-aced-iia-a-L-eaves �li-tht�r�t-l'-�iy....�;.€atE�S--fF�llt�wi��b-tl�e�..e..x}�ir-atic3�r-c3(' srilc-lveactic3i�-tai-eF>Erpeila€tit-y tir�c� �>i1=-s�ie 1i tkrat tl�e...ei�plc)yee i....nd� ica�3l;e- I Employees-po w-liiclr-the-ei�rpl�>y�e i�;�-plae:ed�in_sE�ch-st�:trr�;-C«tliei-beilel=4t�-�;r�c:l�rai--{2�clei�ts�l-ea= L=C�k��1-i=i��Cl-ilt- �� kt•'-Li71-�31E}y{��-���F'i3�i�-; ARTICLE XIX - SICK LEAVE -1-1-20.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. +9420.Mck leave may be accumulated up to an unlimited amount. 3 LJ20.3Employees will be able to use family sick leave for parents or children not residing .- ----- —with the employee consistent with City policy icgarditlg_()-P-use of sick leave for family member's illnesses. I ARTICLE XXI - VACATION LEAVE 2.OA21.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hrs per pay period (-I{1-t{-ays--pcF--yr:} 6th year: 4.62 hrs per pay period (1 S--d-ay-s-peryf .) 12th year: 5.24 hrs per pay period (-]-Td-ay4-leer-yr'.) 15th year: 6.16 hrs per pay period (2.0, clays --1 ei-yr :4 21 st year: 6.47 hrs per pay period (21 .a- y�,-pet-y-r-) 22nd year: 6.78 hrs per pay period -(2-2 Fiii-y:�l-)ei=-yi'-} 23rd year: 7.09 hrs per pay period (-23-d-ay;s--per-yr:) 24th year: 7.40 hrs per pay period (24d�ay; per -yip} 25th year & over: 7.71 hrs per pay period (25-- a-s-peryr,) 20:221..2If conflict arises in the scheduling of vacation of employees in the same classification, the conflict shall he resolved in favor of the employee with the 16 MOU -- CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-20.13 2008-2010 greatest City seniority. The senior employee shall receive first choice in any scheduling period. 20rK 3The 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. A)7421 AFor all persons hired after September 1, 1995 the maximum vacation accrual rate will be 6.16 hours per pay period. 17 MOU -CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 201 ?-201 3-'2008, 201() Chapter 3 Insurance and R emei I ARTICLE XXII - CHIROPRACTIC INSURANCE 2.1 -:1 -----The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXIII -DEFERRED COMPENSATION PLAN 22.423.1The City and AFSCME agree to the implementation of the following program effective July 1, 1977. 22.-223.2The City shall match contributions by an employee to a deferred compensation program up to a maximum 3.0% of the employee's o5sbross salary beginning in the pay period that Julv 1, 2012 fails. I ARTICLE XXIVH - DENTAL INSURANCE ( 23:124.1 Employees are provided fully paid family dental insurance. 24-224.2Maximum benefits are $1000 for each fax-nily member enrolled in the dental plan per calendar year. There is a $25 deductible plus co-insurance features. ARTICLE XXIV - FLEXIBLE SPENDING ACCOUNT 24425.1The 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. effective date of January 1, 2013. This program would incorporate, but not be limited to: medical. vision, dental, chiropractic, and life insurance. The above listed terms of this agreement will be reopened for negotiation upon the City's presentation of a Cafeteria plan. The City's proposed Cafeteria flan will offer ARTICLE XXVI - LIFE INSURANCE the same or better benefits to 25:] -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 101/o at age 95. In addition, a spouse, unmarried dependent children between the ages o f 6 months and 21 years, unmarried student dependent children aged 21 18 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND QPERA'TORS UNIT 201 -?,(313 f3(,) O10 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. 1E3�3g-tt�-n�-d�sak�lity zn�el-life tr�tr�-t�ncL: 2-5-1 ARTICLE XXVII — LONG TERM DISABILITY PLAN 2-3427. ]A lona term disability p ogranz which coordinated with other disa�l efits, shall proviTde a bene fit of 66-2/3% to a tnaxi_nigi � of_,$10,000 per 3-nonth of the cn'l lovee's basic monthly carnia >s- in the event of' disability. This jyr )g gjj con-inlences 60 days from the date of disability. Please refer tto the City ' -s Policy on I om,, Ter -m Disability.. -- 27.2 The maximum lenath of coverabe is three years from date ol. disability: 2 :1 A 1 ; tc�� � chi ahfttt p�c� tarn—vv rich; LF�c�rd teal -with other disability benc-fit,; gull rovid 'it 3i �i�plt�yee°s--l3�ts�L_ �a��ntllly—e��f-nr��b:� e ARTICLE XXVIII — MEDICAL INSURANCE All nedicaj inSUrance for themselves and dependents through Cal PERS-Medical Plans. City shall pa 1.00%-piremi!j for the employees farnilcategory (Family, Em low -h, �Sit��;leLfor the lowest cost PERS HMO available. in Lodi's l eogi.al2lji.cal q! �a_�rx�&uli!i -, Porac} as of 'angel , 2012 'l he Cilnwill waive the carr€went emplovee medical contribution effective the first._P jY period that,l�egins two weeks after this agiee�l c«c is approved by Council. If Lrnpl�yee Selects 11i lier cost 1�1ai1> >✓r7iPlc�yc e will lay the difference as a pall deduction If an c tnplc�yee elects tic> to -lie eoverecl b �Iledical insurance thrau(7h the Cites __.. _...----- .-..-.____-.�_ Dodi an additional: $692, l pg month for far��ily_ `,532.92 for eapljoxer,_. $3.05,22 -for sin de will be added to cither the.eni loyee's deferred conipeasation account or cash. In order to -calif for t11_is p►ovision,p oof �>F. roc-}� i�jsg_anc c must he provided to the City_ 19 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 201.2 -2013 2008-'20 10 28.1 Fns pipyc Day one huadred percent (100%n) of the change in 111edical costs —be,-innin(� January 2013. The baseline will be the January 2012 lowest cost PERS LIMO for-, the -emolovee's family category (Family. $1587.14' '�Lijp py +I $1220.88-, Sin,gle, $610.44). `?7.ann-u-al ress sa 0 's t 161 the einple ha­ffledieal oes"s III -IF OF -i f-affli e�—'er of-Fami Effective Januajy 1, 2013, the maximum amount the City will pay towards medical premiums will be revised a,,, follows for employees whose annual base salary, adjusted for -furloughs, is less than $40,00. For those taking single coverage, City rn.aximum amount aid will increase by the lesser of actual premium increases from Cal PERS or 3%. For those takiws4 Employee + I or Family coverage, City inaximuin amount paid will increase as noted below: * If actual premium increase is 6.55% or less, City will increase maximum amount paid by the lesser of actual premium increase or 6.55%. ® If actual premium increase is greater than 6.55% and less than or ec Lial to 9.55%, City will increase maximum amount paid by the actual premium increase over 6.55%. up to a maximum of 3% (9.55%) ® If actual premium increase is greater than 9.55%, City will pay the incremental difference between 6.55% and 9.55% i.e. 3.00%l. In no event will the amount to be -paid by the City exceed 3.00% over the current Cit aid amount. Percentage increases shall be based upon the amounts shown above ($610.44 for single, $1,220.88 for Employee + I and $1,587.14 for Family). 27, 1 .H.M. ar-ea,---Ef b s­h.atl-c-t-)111.1- -i 272.28.22Employces shall be eligible for medical insurance from the first day of the month following the date the employee becomes a full-time regular employee of the City .of Lodi. 20 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-20 13. 00 9-2010 274 The -Cit y_ -shall ay._1.00% of _thee_.menuums 01, up to tile- maximum City 1) Belt noted above for health and dental _benefits for the unmarried survivimg spouse and anv minor children of anvmenibers of this unit who is killed or tidies, during the performatce of official dirties. This benefit terminates if the survivinsspouse roma€'ries the children reach the age of 26, or other medical insurance becomes available... 7 7:2TIre C'ity--:�1���1.1._pay._lIa(1-0�,-tel'-lir'�F}�i}}rrrs--lc>i�_hcalt�}-afir�l-dtt�t�il--I�eE1�;I=its--€Fat�..tlie-�rnr�3ai-rit:;ci 4L-}ice-kV-kk�� 4�E)}}:s�zi�3d-i'c{-3-y-f=33Efi1{)i=L-1?i-I[lr�i]-{3�-ilEi�-H1f:ii3�3Hi={)�-�-1li�-I;iHk{-WTI1C)-fids-��k��•L�-t?t= SL�ivlviH �orrs�i-c�fi:�3:ai=rites;-the--clil E�n-E= Greh-tl3��-age-c�i 18 or otheiz. nieeieal rn-si� E�nte-I�ec;eiE-les-�i��ri laf�le:- L7.3 E-fl�cti ve_....f3ecei�=rl�eE--,8;-2f)()8;.__iI=-tan-ei�i�plc3yet..-e-leets;- -i�c�t _ to_..be....e;c� vci�ed-13y- E•r�edf�;��1 iE3siii-afi?ee �1�fi{�kagli C -4y cA-Lodi; it€ �tdeiiti<3nal...; r392:8..1_...pei- Ent�i3t13-1'c>E-€i�n3ily-��i- :5-32A-2-fail-ei-npk«yc e-4—l-dependenL w-i11-1�e �icleiec t<> -t ie i�1}31t>yet le[Griec et � 3et sz liei-aee¢>E:x -k cl ral-ek3 l a f cif-tl ��k�rec i k-aii<,;e--f)re k3�-tliYit worrlcl lii�ve been-paitil hyo 11}e hitt F� cli-4-sh�gle ��i .ploy e r lro c=ai3--s-how-proof of �i�oi:}p�ii�sii►���t�-�w-i-1[--13e-eliai-i�l�--fc�i�th-i-�-13rc��i�;-i�H-�t-�ir-Ee--haEf { 1 f�2�{�f tl�c-c�ii-Etna aniUunt:The elc�llai zrE tour li 1E-i�<3t €i�c�re �;e drit-iE� ; tl e-teE-m- f the M{� 1i� c�rcieE tc��lt}al-ify--ioi�thi�prc>vl5ioi�; l�i�c�<�1=cif-b}�oE:}p-int€fizifi�e�E��r}st be-pi«v-ided te-the_C�ity. If-aE1-employee-Iia 11{.-dependent=s-th&-Gity will c<>i ti il�rite .` 2 {�) l�efi=l y tai gel tta tkk� eiz}�lyees-defi k€�cl ck�}�ci3at�c3i1-rice c�i{1�-vrilf iti�ziiE�-effe� five tl�i-exrgh The City intends to propose date c>3a €3aut nc�t-be 1iEitcl-te 04" ag ee� Rt will of ("afetal-ia P1affl- 13� r rry'� j3E' d--Gafe.tfla l�lai'i those -eufr ci i vi t�4 ARTICLE XXIXV4H-- PUBLIC EMPLOYEES RETIREMENT SYSTEM 429.1The City agrees to provide the following PERS retirement program and to pay the employers cost: 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 21.298) 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 2I382.4). 21 MOU -CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 201_2..--_2_.0_1_320G8 20!0 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 Section 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). g) Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h) 50% survivor continuation in the event of death after retirement. 28,4Ci�� JuI G; ,l..y.-1 i�-li��.....�f-airy �3thet-s4iliy-alj�����w�t-wliclx otl�e�wisr m��y leve beot ztgrc�ed-�rpot7-ir3-iltis �i� it—t13 pity-al;z eel-t¢r pad �� tc�...eadi emplayee's--P-E-RtS: aceor: n * c�€ it e e��t}�l�yee's 1 tse flat -y - Employees shall pav the employee portion of Retirement Benefits as follows: January 1, 20 3.2 throu0i December 31, 2012 =-1 % Januar 1, 20133 through De'ccll'rber 30 201�/� December 31 2013 and thereafter m- 7.0 2 The City and AFSCME a{gree to a new retirement formula of 2% @ 60. Those employ hired after the City transitions to 2% (a) 60 (which would occur once the City receives approval from Ga P RS) will be suhiect to the new retirement plan of 20 Cud 60. _____. __.__. .... _ Until that.date. AFSCME members hired will remain in the 2% @ 55 retirement plan. ARTICLE XXIX- SICK LEAVE CONVERSION 29:-1-30.1 For all unused sick leave balance, 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 1/2% 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 = 14.06YEARS OF COVERAGE 22 MOU — C1`I'Y OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012._20 1 3,2008-2010 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 he used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of I0 years, 2 Vz % 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). 1800x 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. 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. �-.-230.2In 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. 29-330.3 Employees selecting option #I 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. 2-9-.430.40ut of area retirees may receive reimbursement for medical insurance premiums up to the City liability as specified in Section 29.1 of this Article. ''c�30.5The 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 23 MOU — CITY OF LODI ANI] AFSCME MAINTENANCE AND OPERATORS UNIT 1 2012-20132008-M t{} 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. I ARTICLE XXXI- TUITION REIMBURSEMENT 30-4 --- Riltion Reimbursennent will be_provided as stated in t.hc_City'_s . cuTu rrent ition Rein�l� nse ��ent I'olicy. Tk�c._.C.ity_wi.11 not: plinjiinate_this..icy -in , the terns of this MOU._-T-�liit�-Roi��sc«��vil....l�e��rice<fu�> stateela� tl�e-it's-'ftiic�j arnt��rnl ef(ec-t�ve � l�o�rratE ieatiOil by. -the -Cil -Y, 30,2. - - -------- tl�t� even.t._...tJ1at.......J=�;t��re-eJ�a� g —i� —c Jzi i[=k atit�t�—spedli €inns- e ui� t11� 1 ARTICLE XXXII - VISION INSURANCE -174-------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 he paid by the City. W MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2{)132008-20.1-0 Chapter 4.Association/City Issues ARTICLE XXXIII — CHANGES IN MEMORANDUM 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. ARTICLE XXXIVH — CITY RIGHTS �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 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. 0 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 on such matters may have on wages, hours or other terms and conditions of employment. 25 MOU --- CITY OF LOW AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012 20132008--2010 ARTICLE XXXIV - DEMOTION AND LAYOFF 34-1-35.1 The classification of Maintenance Worker in the p-arlt-s---Pa rkk i, � Recreation Vinci Cultural Scrviccs 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 workforce. 34 235.2Bargaining unit has the ability to appeal a layoff decision made by Human _.Resources to the City Manager. ARTICLE XXXVI - EMPLOYEE REPRESENTATION 35436.1This 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 American Federation of Slate, County and Municipal Employees (hereinafter referred to as "AFSCME"), for the Maintenance and Operators Unit. The parties to this MOU ackuowledge and agree that this MOU constitutes the results of meeting and conferring in good faith as contemplated by Sections 3500 et sect. 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 in Exhibit A. Those cla5s3-f�c �it�e}ns ii�'c-as-i=e}1.11}�4: --Ri --i-1-i-ties Mai-ntenane e --Wt rk—er �Cli-i&(-'TWato -aw-,-Rhin- 0pe i,ator EEIr�-ip���en €-��,�-v it�Wti>�-lc�r• Hefr-y-r-q�r pn:leitE-Mc hu ii ehabc}ilafioi-y-Sei-,v-it;es-Supe Lttt}ai cji-yTTec ,�,L-abof-c-r Lead--lcl�:i s ptr�er�� Meelr��i� ie *-M-aint e-n,anc-e-Wofk-ei-1 a arl--TM,iinter an-ee-We rke€--1 26 LZ A.I,I7 0111 `luan0 ions uI 'luauTXolduTa uio.Tj p0lruluU.101 .To papuadsns 0q o0Aoldm) aq) lvgl lsanba-i pur lorj oqi Jo oollou ua111.im A LID Dill an12 Xrtu NOINfl oql `2uipurls pool u1 diilsaagiuoui olid Sanlasu Oql olrIW10.1 10 `NOINfl oill ui dlus.Tagwoui .iiogl uiplulrm .To `.Toj �Iddr o1 slipj iwwT DoAV Sigj Xq pa.TOnoo ooXolduia up 1u0n0 0111 uI -q .2uilooN uollrluol.1 NOINO p lonpuoo of .iap.io ui llun Ouluii Ripq oqi Oupow ;)oSoldwz) r(ur ql!m hoax 01 auil) pap-ioljr pier sXrp ssoulsnq 01 Mill poljllou oq Illm `ooui?isop .io `iaol:f:IO NOINfl V-NOINfl oql ui djgs.TogiuoLu uirlulrw pur auioaq o1 1umailnba.T oT11 pup luoiu00.ifv �ululrf.Trq OMI'Dollo0 sill jo oouolslxo gill jo llun fumir. mq oql olid 2ullowaid saaXoldwo pup, sa.Tiil mou Ilp ui.Tolui IIIM kZIO oqj, uoilro!jlssrlo qof p0.10n00 r, ui luouiXolduia 10 sXrp 0£ unlllm NOINfl CIgl jo s.iogwow ulpwai pun =w-oq `lu;)wXolduio jo uolllpuoo r sp `llpus luowoa.Ti?V still Xq pa-Tanoo s0aXoldu.Ta IIV - dlils.3aquTaw uolun n ddO MDHHD SdflQ QNV dIHS?I�£II�I3I�1I `� LI?ifl��S NOINOI '9£�S€ ��I�=i2I`�'-�ic�lloa�cil--T�-l:i�->�--1as-sTitil-l-€-pE�c3o-pEiiT-�Eu:TSI-at{1-i{l{,�-amour-}�:ic��ai�-~:3i-�ft�JS�fV Dill-fE}-s:T €�Eii�iii-a:ip c�3l s ��JdEu�� 3k�-c>1 iTc>E Oi pap sz np ]ETri Jli�i{.sy�G1T -a�I .....-__.... € I S I I ()z uoIInjosoN iso ja .. i j Uf gjx)j las suo�lrp i�»-j�ril�.....sI i:ro1 all qjm 0-ou p.lon")I?- UT o s.iagT-uaiu an'of{nn �s ar o drug XjY j of �iollanpap sa►�p liri? lJrtls�lT7 ail,I, Z'9£ iA-4adn€ i�� I :To3iT:iad{� �3Ti�[zl�:iali?�n�lsi��� ll -i :Ta�:To�-�oETT�-ua�ulul� �aa.i�� STT H?-Elo�l�-1 iTai�idx-is"I}�--Iaiiu-IEip-J<I o-ioz.-,mf? I [)Z G [ (}G ,I.INfl SNOJ.VN--qdO CINV RONWR I.NIM 9WDS:JV (INV 1001-40 ADD - (IOW MOU —CITY OF L,ODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2(11.2.09:32?{}08} 2010 shall suspend or terminate the employment of said employee, as requested, within 15 business days of receipt of the notice. C. 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 sures 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. d. 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. e. 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. f. 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 hi -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. g. Payroll deductions shall be limited to the following choices: MOU — CITY OF LaODI AND AFSCME MAINTENANCE AND OPERATORS UNIT '2012 -2013 -2008 -2 -UM ® 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. h. 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. 3-5-.436.4 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 trade 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. 336.5 No City employee or applicant for employment shall be discriminated against in any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability. 35-736.6 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. ARTICLE XXXVII - GRIEVANCE PROCEDURE 3&..437.1 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. 29 MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT ?.012-2() f, 3.2008- 20-10 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, th&-AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the grievance procedure. 36—.237.22Disputes 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 t -he AFSCME or the City. Class action grievances shall be in writing from the AFSCME to the City Manager or vice versa. 34.437.3STEP 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 (3 0) 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. 36-.437.4STEP TWO: If a grievance has not been resolved in initial step, a written statement signed by the Grievant shall be presented to the departmetit head which 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. 3f�37.5STEP 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. 30 MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 1 .2.0.l.21..-12.10"11.1312008-20 1-0 3"37.6STEP 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 ensure 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 p ark s. 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 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 ajoint 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. 31 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2.01112-201-3..2008-210-10 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 norinally 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 or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action 34.437.7Failure 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. My-.937.Mtnoloyees 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. �R,Mn employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 36:1-037._1 OOnly AFSCME may appeal a grievance to arbitration. 32 MOU —CITY OF L,ODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2 .. ....... ARTICLE XXXVIII - MUTUAL CONSENT CONTINGENCY aTA--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. I ARTICLIJ XXXIXVI-II- NO STRIKES MA—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. ARTICLE XLXXILX — PROBATIONARY PERIOD x-1-40.1 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--240.2During the probationary period, all new hires shall have 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 he notified of all extensions. 9-:340.31n the event an einployee 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. ARTICLE XLI -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. 33 MOU - CITY OF L ODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-20132008-201-0 ARTICLE XLII — 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. ARTICLE XLIII — 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. I ARTICLE XLIVH— 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 not be given preferential consideration for promotion or transfer or he 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. 34 MOU —CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT 1 2012-20132()0 5-2{)10 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. ARTICLE XL -HV — TERM 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 Januar :1-ul-y---1, 201208 to December 31 , 2013DeeAeiiibei x,..1_,..2(}.1-0, ARTICLE XLVI — UNION LEAVE 4-`5-]-4661 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 union 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. 45:246.2The City agrees to provide offiee---and--storage space to th—,-AF'SCME for union materials. 35 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATOIIS UNIT 01-2-.2-Q 1 "312008-20 10 I EXHIBIT A - Effective Date Occupation Title OCC I Ste A Step B Step C Step D Step E Chief Wastewater Plant O erator 358 4863.55 5106.73 5362.07 5630.17 5911.68 Environmental Compliance Inspector 425 4027.38 4228.75 4440.19 4662.20 4895.31 Equipment Service Worker 166 2950.92 3098.47 3253.39 3416.06 3586.86 Facilities Maintenance Worker 81 3243.40 3405.57 3575.84 3754.64 3942.37 Facilities Supervisor 78 4103.07 4308.22 4523.63 4749.81 4987.31 Fleet Services Supervisor 265 4479.64 4703.62 4938.81 5185.75 5445.03 Heavy Equipment Mechanic 264 3541.48 3718.55 3904.48 4099.70 4304.69 Laboratory Services Supervisor 352 4863.55 5106.73 5362.07 5630.17 5911.68 Laboratory Technician Il 213 3528.40 3704.82 1 3890.061 4084.56 4288.79 Lead Equipment Mechanic 266 3895.63 4090.41 4294.93 4509.67 4735.16 Maintenance Worker 1 252 2808.87 2949.44 3096.77 3251.56 3414.32 Maintenance Worker 11 255 3089.22 3243.68 3405.86 3576.15 3754.96 Park Maintenance Worker 1 273 2675.26 2809.03 2949.48 3096.95 3251.80 Park Maintenance Worker II 276 2942.51 1 3089.64 3244.12 3406.32 3576.64 Park Maintenance Worker III 279 3236.85 3400.46 3568.63 3747.06 3934.42 Park Supervisor 270 4103.07 4308.22 4523.63 1 4749.81 14987.31 Parts Clerk 1351 2810.76 1 2951.29 3098.861 3253.801 3416.49 Plant & Equipment Mechanic 430 3661.19 3844.18 4036.28 4238.03 4449.94 Senior Facilities Maintenance Worker 73 3567.64 3746.02 3933.32 4129.99 4336.49 Senior Plant & Equipment Mechanic 434 4027.44 4228.82 4440.26 4662.27 4895.38 Stage Technician 1131 3567.641 3746.021 3933.321 4129.991 4336.49 Street Maintenance Worker 111 258 1 3398.511 3568.44 3746.861 3934.201 4130.91 Tree Operations Supervisor 410 4307.71 4523.09 4749.25 4986.71 5236.05 Wastewater Plant Operator 1 361 3493.73 3668.41 3851.84 4044.43 4246.65 Wastewater Plant Operator II 360 3843.20 4035.36 4237.13 4448.99 4671.44 Wastewater Plant Operator 111 362 4227.53 4438.90 4660.85 4893.89 5138.59 Water/Wastewater Maintenance Worker Ill 431 3398.51 3568.43 3746.86 3934.20 4130.91 WaterNVastewater Supervisor 429 4631.87 4863.61 5106.59 5362.07 5630.23 Welder. Mechanic 171 3541.37 3718.52 3904.51 4099.68 4304.73 36 MOU —CITY OF LOD1 AND AFSCME MAINTENANCE AND OPERATORS UNIT 2()1 ?-�2.0 132{)08-2.0 1,0 EXHIBIT B INCENTIVE PAY SCHEDULE Minimum Grade Level Industrial Waste Inspector Certification to Earn Incentive (CWEA-4 Grade Levels) • Laboratory Technician I & Il 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 11 11 • Wastewater Plant Operator I& 11 I • Environmental Compliance Inspector II • Chief Wastewater Plant Operator it • Laboratory Services Supervisor 111 Minimum Grade Level 3. Mechanical Maintenance Certification to Earn Incentive (CWEA — 4 Grade Levels) • Plant and Equipment Mechanic II • Wastewater Plant Operator I & Il I • Water/ Wastewater Maintenance Worker I, 11, 111 11 • Chief Wastewater Plant Operator 11 • Sr. Plant and Equipment Mechanic Ill • Water/ Wastewater Supervisor 11 Minimum Grade Level 4. Sewer Collection Maintenance Certification to Earn Incentive (CWEA — 4 Grade Levels) • Laborer, Maintenance Worker I & 11 I (Streets or Water/ Wastewater) • Maintenance Worker 111 11 (Streets or Water/ Wastewater) • Plant and Equipment Mechanic II • Sr. Plant and Equipment Mechanic lI • Street Supervisor, Water/ Wastewater lII Supervisor 37 MOU — CITY OF LODI AND AFSCME MAINTENANCE, AND OPERATORS UNIT 2012-20132008--20 M 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 111 ® Chief Wastewater Plant Operator IV Minimum Grade Level 6. Water Distribution Operator Certification to Earn Incentive (State of California — 5 Grade Levels) ® Laborer ( Water/ Wastewater) I ® Maintenance Worker I, 11, 111 II (Water/Wastewater) 11 ® Laboratory Services Supervisor II ® Environmental Compliance Inspector 11 ® Plant and Equipment Mechanic 11I w Sr. Plant & Equipment Mechanic 111 ® Water/ Wastewater Supervisor Ill Minimum Grade Level 7. Water Treatment Plant Opr. Certification to Earn Incentive (State of California — 5 Grade Levels) ® Laborer, Maintenance Worker I, 11 I (Water/ Wastewater) ® Maintenance Worker III 11 (Water/ Wastewater) ® Laboratory Services Supervisor II ® Environmental Compliance Inspectoi I1 s Plant and Equipment Mechanic 111 ® Sr. Plant and Equipment Mechanic 111 * Water/ Wastewater Supervisor Ill 8. Qualified Avylicators Certificate (State of California) ® Street Supervisor ® Parks Maintenance Worker Ill ® Parks Supervisor ® Streets Maintenance Worker I, 11, IIl & L.aborei ® Wastewater Plant Operator I ® Senior Facilities Maintenance Worker MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 1 2012-20112008-2010 9. Pest Control Advisor License (State of California) ® Street Supervisor ® Parks Supervisor ® Laborer ® Parks Maintenance Worker I, 11,111 ® Street Maintenance Worker I, 11, 11.1 Notwithstanding the provisions of Article 3, the amount for the Pest Control Advisor License incentive will be $50 per month. 39 MOU - CITY OF L.ODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013:24 08-2{).1-0 EXHIBIT C INCENTIVE PAY FOR EQUIPMENT MAINTENANCE EMPLOYEES Mechanic Qualifications Smog Certificate issued bV Bureau of Automotive Re air (BAR) (certificate must be current, valid, unlimited) $50.00 Heavy Equipment Mechanic Welder -Mechanic Lead Equipment Mechanic Class A Brake Adjustment 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 $1.2.50 (From a State certified welding instructor approved by the City) Equipment Service Worker Heavy Equipment Mechanic Welder -Mechanic Lead Equipment Mechanic M MOU T- CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 1 2012.Z.2.Q.13.2008 -20 10 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 $150.00 per month. Automotive Service Excellence Technician Certifications Incentive (Only courses listed below will qualify towards ASE incentive) A-1 Engine Repair A-2 Automatic Trans mission/Transaxle A-3 Manual Drive Train & Axles A-4 Suspension & Steering A-5 Brakes A-6 Electrical/ Electronic Systems A-7 Heating & Air Conditioning A-8 Engine Performance F-1 Light Vehicle Compressed Natural Gas 1-1-2 Transit Bus: Diesel Engines H-3 Transit Bus: Drive Train H-4 Transit Bus: Brakes H-5 Transit Bus: Suspension and Steering H-6 Transit Bus: Electrical/Electronic Systems H-7 Transit Bus: HVAC P-1 Med/l3vy Truck Dealership Parts P-2 Automobile Parts P-3 Truck Aftermarket Brake Parts P-4 General Motors Parts Consultant P-9 Truck Aftermarket Suspension and Steering Parts T-1 Med/Hvy Truck Gasoline Engines T-2 MedlHvy Truck: Diesel Engines T-3 MedlHvy Truck: Drive Train T-4 Med/Hvy Truck: Brakes T-5 Med/Hvy Truck: Suspension & Steering T-6 MedlHvy Truck: Electrical/ Electronic Systems T-7 MedlHvy Truck: Heating, Ventilation, & A/C T-8 MedlHvy Truck: Preventive Maintenance Inspection 41 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2 012-2013-2008 2.,M 0 EXHIBIT D 4-4 n W 0ARK PI A -Pd -AOR ��II'���=M�II�L�* z �I;T��A(AT NETIL, - e;5 ab} -iced-. 2 -fl t}t's4ai -'-"y'hhve o itli �i$tii`s eaeh dw : 3.*4ime -eq z t3 c� - vaeatien and ays, or-a-da3+- of4I lei- � akne�he C-harged time off - is ten rock: — 'c}atiitb.}� I days;-aiad-#axed iak a ;-a}s a e ei�# ' s osf Te use fleatin (�daCittkHi� E3i C 1 , twe t,,,u t aye ,t xci�- c ca r cn8t 3i1 +. 4 [x��ti7 i#i 9- del+�yC�r'tY"f3"3cL�% '�{�ii(if [i ei%l �ir(1 �16 eQS(Tr will be :�A.hc-c 4i el do -i3gt i"I{3u �v�""1."YYe—fe E ra-m 'i'{'��i`�a "i�"Offt_8` i�.'..Li.M... R -)—`t 0 pm with r ; Py9'x'[ IC71+F I t3Cahmnle":�s� oche c�i'i�i8ia$5 a ii}313iSd@fI-3 i3{'{Hi ke#%: u-iy, fou et-t'3risting C, 7 t ­t f3i3i? r i. ff , as to'ek 1 I -[i1"3� r ni7�V'�''e�[' CICO "'I'F�7f -l.-� b , a. ohday, npQAK4e*;Ht4hYe 0.1 to of arhe, of shoal l he flexible' tE��-ii }{fie' 13ofmol A w�l�--�SE-1-3tdcit, "�`rc^�irii�,�rrrmz--oc ra we&v-w21✓lC "'ai'f3ii'E3d and supe --&h, "r -shall he izla&—as— iias possible. Oec a eas i:nay e„a . &F whieh 24 wi•-lleghmn, 7. �h( iAdyy, -€haat tt is the e t cz te use a to ,,ane aad t tonal twc, -hou-r ; -tt. rle:s"Pee i fie i-eque4-i-s-E:-ade to-Usle Ef3i1i13 t�}E yak£ leanAmAhout pay- -. hem UfSday bef:&�IyEta, Wgd*rky ?Frwc�flc-t�r� T��-isle i�aed-a�+ �1- 42 MOU - CITY OF L.ODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-201 3QOM'-2010 -1:-A'I=iSCM-I�-�--��d--�e--�'qty-c-�f--�<-�ti��,�-ee-t<3--et�r���et� �'--�e-�v-c'1-��;�'€•3c;��-€c�i���=ri,���-��ic MADmi 11tal..--.-.---C-'cnipli insp c f— job- deeit�i3; efe ted; iae�v sr oaf-y-wvill be cf-ezked-=l�� 'l�a��-be don e0on-tip posible=r4Ie SeW )r Stei--X31-Pump Meeh-a-kednb descriptio Fl-- cmvprehensive WAKE On ',�4-+:he'4E�E , iictc� i efted; L} sh-LAI-be-e-f 200. -3. ^ r- —and -the -LYity i-agFi;e to -ems rtiet a ifit tie► e it�v 'c i=the A ee mp rehetis'we GasiL''ti'eudy w'i14-be die l# as.�«;«k cle study, "'zi"newc1rsiiKj ieta tented. __.__Tl3 s..�li�lltis-sc�ca�-�4- �c>:�-.s�le�he-��e�l�:s��al-l�l�e-e-�=fedi-v�--�e1:f�cazact-i-��--tca-Hecer�bei---fir;-2(7(��3: 4-A S - .9 and- 3e GiO-e edi-agi-ee te e-Witiet-a elass-ifieation i of-ulae We4d - eehaMe at the Pmn-1.ee reie a--Hel3SA; £ A. eompile�t+i-ve eteatec�; ti""lei vv'- cr 'F 5'C� f rJ, ] I ] h 1 This sh 11 h � 1 �`�@i=re-"ii:i-��vo�n-'lc4'- est}k....a! be ef�ec=-ti-vefee tc3-Hece�bei S; (�(� -5j. tllE' palms—M1��3e-- P1 ie�x-rrr-c^�''zrea-Depawent. A-G-$#liffeheli`iive-el .-rasT'Readen -1'I he -done, if as a Fe- udy, a-�e� t;' ,a'lairsc beet -rvifl-'lie c ea ed- big slta�4 bed ice"'as "sfl: s POOR e lr •h Il t r ti e to De ��rracrc� �Eti vi�rzii-nom c-�o- aci:u�izbe%-"O& 43 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 1 2012-1-2€ 132008-20 10 A.F.S.C.M.I?. COUNCIL 57 LOCAL 146-AFL-CIO— N[inG VinSQl1 Chief _Newtiator CITY OFLOW A MUNICIPAL CORPORATION Kom-ad Bartlam Cite Date: Sherr•y- Mgm4.------ .._..._._.__...._..._ ..._------ Dean Gualea Pres'dent ...-_.... �._._ Human Resources Ma----- Date: Date: Linda Tremble Vice President Date: Donnie Sanford Vice President : Terri Lovell Secretary Date: Darr Tarpasky MO RQ�setitativc. Date: Brian l_ l?rtLe: MO Reorese.ntative. Date: MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20.1.2-2013-' 2008-20 1,0 Kari Chadwich qS-Lz��Plgs tqtive Date: Chris L3oy GS Date: Sandy Smith Treasurer.. Date: S -"+h ......................................... - - - . . ....... ........... Felix-Htier+a7 . .. ........ . Pve,,idea --- --- Jesse- Barlieti- 45 MOU -CITY OI D1 AND A14SCNII1 MAINTENANCE AND OPERATORS UNIT 2.0.)2-20.1.32008-2010 . ... ...... oehillli C- ..................................................... ............ Eno C-% CLASSIFICATION PLAN - GS Current employees as cf 3/21/12 N,\Admin1stration\Personne1\11-12 Negotiations\GS salary schedule2012.xis Accounting Clerk 1 5 2576.81 2705.65 2840.93 2982.97 3132.12 Accounting Clerk II 3 2834.48 2976.20 3125.01 3281.26 3445.33 Administrative Clerk 372 2566.79 2695.13 2829.89 2971.38 3119.95 Administrative Secretary 376 3414.27 3584.99 3764.24 3952.45 4150.07 Animal Services Supervisor 251 3331.07 3497.63 3672.51 3856.13 4048.94 Assistant Animal Services Officer 39 2896.66 3041.49 3193.57 3353.25 3520.91 Building Inspector 1 74 3942.37 4129.79 4336.28 4553.10 4780.75 Building Inspector II 75 4326.45 4542.77 4769.91 5008.41 5258.83 Buyer 76 3939.96 4136.96 4343.80 4560.99 4789.04 Community Improvement Officer 1 116 3745.85 3933.14 4129.80 4336.28 4553.10 Community Improvement Officer II 118 4120.43 4326.45 4542.77 4769.91 5008.41 Customer Service Representative 1 354 2576.81 2705.65 2840.93 2982.97 3132.12 Customer Service Representative II 353 2834.48 2976.20 3125.01 3281.26 3445.33 Engineering Technician 1 157 3970.52 4169.04 4377.49 4596.37 4826.19 Engineering Technician II 159 4367.57 4585.94 4815.24 5056.00 5308.80 Field Services Representative 361 3504.16 3679.37 3863.34 4056.51 4259.33 Field Services Supervisor 35 4033.72 4235.41 4447.18 4669.53 4903.01 Finance Technician 355 3429.72 3601.21 3781.27 3970.34 4168-.85 Information Systems Coordinator 19 5355.37 5623.10 5904.22 6199.42 6509.43 Information Systems Specialist 127 3895.39 4090.17 4294.94 4509.40 4734.87 Junior Engineer 207 4804.32 5044.54 5296.76 5561.60 5839.68 Junior Planner 2101 3920.74 4116.77 4322.61 4538.74 4765.68 Junior Plans Examiner/Engineer 71 4326.45 4542.77 4769.91 5008.41 5258.83 Library Assistant 228 2695.14 2829.89 2971.39 3119.96 3275.95 Network Technician 426 4671.51 4905.09 5150.34 5407.86 5678.26 Parking Enforcement Assistant 288 2918.97 3064.92 3218.17 3379.08 3548.03 Parks Project Coordinator 271 4804.32 5044.54 5296.76 5561.60 5839.68 Permit Technician 691 3242.65 3404.82 3575.06 3753.82 3941.51 Police Record Clerk 1 313 2547.71 2675.09 2808.85 2949.29 3096.76 Police Records Clerk II 314 2802.49 2942.61 3089.74 3244.23 3406.44 Police Records Clerk Supervisor 316 3222.37 3383.49 3552.66 3730.29 3916.81 Program Coordinator 286 2999.32 3149.28 3306.74 3472.08 3645.69 Public Works Inspector 1 320 3933.14 4129.79 4336.28 4553.10 4780.75 Public Works Inspector Il 3211 4326.45 4542.77 4769.91 5008.41 5258.83 Purchasing Technician 324 3282.49 3446.62 3618.95 3799.89 3989.89 Senior Administrative Clerk 375 2823.47 2964.64 3112.88 3268.52 3431.95 Senior Engineering Technician 161 4804.32 5044.54 5296.76 5561.60 5839.68 Senior Library Assistant 231 2964.64 3112.88 3268.52 3431.95 3603.54 Senior Police Administrative Cierk 315 2988.78 3138.23 3295.13 3459.88 3632.88 Senior Storekeeper 771 3426.06 3597.36 3777.23 3966.09 4164.40 Supervising Code/Comm.Improvement Officer 110 4738.48 4975.41 5224.17 5485.38 5759.65 Supervising Customer Service Representative 346 3429.72 3601.21 3781.27 3970.34 4168.85 Water Services Technician 1 427 4664.39 4897.61 5142.49 5399.61 5669.59 Water Services Technician II 428 5130.82 5387.36 5656.73 5939.57 6236.55 N,\Admin1stration\Personne1\11-12 Negotiations\GS salary schedule2012.xis CLASSIFICATION PLAN - M&O Current employees as of 3/21/12 Chief Wastewater Plant Operator 358 5009.46 5259.93 5522.93 5799.07 6089.03 Environmental Compliance Inspector 425 4148.20 4355.61 4573.39 4802.06 5042.16 Equipment Service Worker 166 3039.45 3191.42 3350.99 3518.54 3694.47 Facilities Supervisor 78 4226.16 4437.47 4659.34 4892.31 5136.92 Fleet Services Supervisor 265 4614.03 4844.73 5086.97 5341.32 5608.38 Heavy Equipment Mechanic 2641 3647.72 3830.11 4021.61 4222.69 4433.83 Laboratory Technician 1 212 3304.12 3469.33 3642.80 3824.94 4016.18 Laboratory Technician II 213 3634.25 3815.96 4006.76 4207.10 4417.45 Lead Equipment Mechanic 266 4012.49 4213.12 4423.77 4644.96 4877.21 Maintenance Worker 1 252 2893.11 3037.84 3189.68 3349.15 3516.76 Maintenance Worker II 255 3181.89 3340.99 3508.04 3683.44 3867.61 Park Maintenance Worker 1 273 2755.52 2893.30 3037.96 3189.86 3349.35 Park Maintenance Worker II 276 3030.79 3182.32 3341.44 3508.51 3683.94 Park Maintenance Worker III 279 3333.96 3502.47 3675.69 3859.48 4052.45 Park Supervisor 270 4226.16 4437.47 4659.34 4892.31 5136.92 Parts Clerk 135 2895.08 3039.83 3191.82 3351.42 3518.99 Plant & Equipment Mechanic 4301 3771.02 3959.50 4157.37 4365.17 4583.44 Senior Facilities Maintenance Worker 73 3674.67 3858.40 4051.32 4253.89 4466.59 Senior Plant & E ui ment Mechanic 434 4148.26 4355.69 4573.47 4802.14 5042.24 Stage Technician 113 3674.67 3858.40 4051.32 4253.89 4466.59 Street Maintenance Worker 111 258 3500.47 3675.49 3859.26 4052.23 4254.84 Street Supervisor 381 4436.94 4658.79 4891.73 5136.31 5393.13 Traffic/Sign Making Worker 277 3030.79 3182.32 3341.44 3508.51 3683.94 Wastewater Plant Operator 1 361 3598.54 3778.47 3967.39 4165.76 4374.05 Wastewater Plant Operator 11 360 3958.50 4156.43 4364.25 4582.46 4811.58 Wastewater Plant Operator III 362 4354.36 4572.07 4800.67 5040.71 5292.74 WaterMastewater Maintenance Worker III 431 3500.47 3675.481 3859.271 4052.231 4254.84 WaterMastewater Supervisor T-4291 4770.83 5009.521 5259.781 5522.931 5799.13 Welder - Mechanic 171 3647.63 3830.15 4021.68 4222.75 4433.87 NAAdministrationTersonneM 1-12 NegotiationsW&O salary schedule2012.)ds CLASSIFICATION PLAN - M&O Specific positions hired after 3/21/12 NAAdministrationTersonnel\11-12 Negotiations\M&O salary schedule 2012- specficpositions.xis �SW (2) CITY OF LODI/I rM AGENDA TITLE: Adopt Resolution Amending Memorandums of Understanding with Maintenanceand Operators and General Services Bargaining Units of the Association of Lodi City Employees to Provide Additional Pay for State Required Certificationsof DistributionOperators land 11 (CM) MEETING DATE: July 18,2007 PREPAREDBY: Deputy City Manager RECOMMENDEDACTION: Approve Resolution to amend Memorandums of Understanding (MOU) with Maintenanceand Operators and General Services Bargaining units cf The Association of Lodi City Employees (ALCE) to provide additional pay for State -required certificationsof Distribution Operators I and II. BACKGROUND INFORMATION: Various employees who work in the Public Works Department Water and Wastewater operations are required to have certifications as either a Distribution Operators for 11 level. These certifications are required by the State of California in order that the City of Lodi meet Health and Safety standards. The certification requirementwas enacted several years ago, but the pay level for employees who are required to obtain certifications was not adjusted at the same time as the requirement for certificationwas enacted. The City of Lodi and members of the Maintenance and Operators and General Services bargaining units have met, conferred and tentatively agreed to amend the MOUS to allow for additional compensation for employees for which the certification req u irements apply. The attached agreements with these bargaining units indicate the terms of these tentative agreements as follows: • Base pay for the employees as indicated in attachments A and B who are required to obtain a level one certificationwill be increased by 2%. • Base pay for the employees as indicated in attachments A and B who are required to obtain a leveltwo certificationwill be increased by40/6. • Any employee inthe General Services bargaining unit of ALCE who is requiredto obtain a level one certification but obtains a level two certification will receive an $ 60 incentive pay. • Any employee in the General Services bargaining unit of ALCE who is requiredto obtain a level one certification but obtains a leveltwo certification will receive an additional $ 60 per month in incentive pay. APPROVED: / Blair mg, City Manager • Any employee inthe Maintenanceand Operators bargaining unitaf ALCE who is required to obtain a level one certification but obtains a level two certification will receive and additional2% incentivepay. • It was tentatively agreed that this would be implemented retroactivelytoJuly 1, 2006. FISCAL IMPACT: The additional annual expenditurefor bothof the amendmentsto the MOUStotals approximately$50,000 peryear. FUNDINGAVAILABLE: The additional costs for certification pay of preparing and mailing the supplemental assessment will be bome by the Finance and City Attorney's budoetk j &'s R. Krueger, Deputy City Manager Attachment: Attachment A- Amendment to General Services MOU AttachmentB- Amendmentto Maintenance& OperatorsMOU RESOLUTION NO. 2007-134 A RESOLUTIONOFTHE LODICITY COUNCILAPPROVING AMENDMENT TO MEMORANDUMSOF UNDERSTANDING 1NITH THE MAINTENANCEANDOPERATORSAND GENERAL SERVICES BARGAINING UNITS OFTH E ASSOCIATION OF LODI CITY EMPLOYEESTO PROVIDE ADDITIONAL PAY FOR STATE REQUIREDCERTIFICATIONSOF DISTRIBUTION OPERATORS IAND II NOW, THEREFORE, BE IT RESOLVEDthat the Lodi City Council does hereby approve an amendment to the Memorandumsof Understandingwiththe Maintenanceand Operators and General Services bargaining units of the Association of Lodi City Employees to provide additional pay for State required certifications of Distribution Operators I and 11, as shown on Exhibits and Bas attached hereto; and BE IT FURTHER RESOLVED that the amendment to the Memorandums of Understanding shall beeffectiveforthe period July 1, 2006 through June 30, 2008. Dated: July 18,2007 hereby certify that Resolution No. 2007-134 was passed and adopted bythe City Council of the City of Lodi in a regular meeting heldJuly 18, 2007, bythe followingvote: AYES: COUNCIL MEMBERS— Hansen, Katzakian, Mounce, and MayorJohnson NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— Hitchcock -- ABSTAIN: COUNCIL MEMBERS— None �CA?� City Clerk 2007-134 (EXHIBIT Al Side letter to the Current General Services MOU between the City of Lodi and AFSCME Council 57, Local 146,A -FL -CIO and its ALCE Chapter Whereas, the City received a letter from the State of California dated April 2002 mandating that employeeswho perform certain water system related tasks obtain Distribution Operator or DistributionOperatorll certification. Some ofthese employees are in the AFSCME Bargainingunit (General Services). Whereas, AFSCME Council 57, Local 146, AFL-CIO ALCE Chapter and the City of Lodi have resolved the this issue amicably. Now, Therefore,be it resolved that AFSCME and the City of Lalli agreeto the following adjustmentto base pay (PERS reportable), retroactive to July 1,2006 upon approval of the AFSCME membership and the City of Lodi: Employees in the following classifications assigned to the Public Works Department shallreceive supplementalcertificationpay as Lied below for the required certifications: City of Lodi Public Distribution Operator Certification Pay Works Department Job Title Certification Grade Added to Base Pay Required Public Works Inspector 11 D1 2% Public Works Inspector I DI 2% SeniorEngineeringTechnician* D2 and T1 40/6 * Applies to one incumbent in this classification (Kevin Gaither) who currently has these certifications,but are not required forthis classification. Any current employees required to obtain the D I certificationwill continue to be employed in his/her current classification. Once he/she obtainsthe required certificationhi.s/her salarywillbe adjusted upon verification. _ The City will continue to pay for the training to obtain the certificate for current and future employees. Verification for current and future emplo ees can be by lett�rfrom the Stateverifyin obtaining the required certificate or a copy ofthe certificate upon presentation to the City of Lodi. hemcreaseto the base pay shall commence on the day the Certificate cr letter is presented to the City. The City will modify the respectivej ob descriptionsto reflect the new requirements for the above j ob titles within 60 days to ensure that all new hire employees are aware of the requirements. By their signaturebelow, AFSCME and the city agree that the resolution contained herein resolves this issue. AGREED TO BY AFSCME, COUNCIL 57 Felix Mario Huert Jr.., Mark Ruggiero, Chapter President 99 AGREED TOBY THE CITY OF LQDI, James R Krueger, Deputy, City Manager Richard Prima, Public Works Director I EXHIBIT 81 Side letter to the Current Maintenance& Operators MOU between the City of- o i ana AFSCME Council 57, Local 146, AFL-CIO and its ALCE Chapter Whereas, the City received a letter from the State of Californiadated April 2002 mandating that employeeswho perform certainwater system related tasks obtain Distribution OperatorI or MsbdbitimOperatorll certification Some of these employees are in the AFSCME Bargaining unit (Maintenance& Operators). Whereas, AFSCME Council 57, Local 146,AFL-CIO ALCE Chapter and the City of Lodi have resolved the this issue amicably. Now, Therefore, be it resolved that AFSCME and the City of Lodi agree to the following adjustment to base pay (PEW reportable), retroactive to July 1,2006upon approval of the AFSCME membership and the City of Lodi: Employeesin the followingclassificationsassigned to the water services(Water/Waste*ater) division of the Public Works Department shall receive supplementalcertificatioripay as listed below forthe required certifications: City of Lodi Public Distribution Operator Certification Pay Works Department Job Title Certification Grade Added to Base Pay Required Water/Waste*Ater Supervisor B2 4% Senior Plant & Equipment D2 40/6 Mechanic Plant & Equipment Mechanic 102 4% Water/Wastevtat�cr Maintenance D1 2% Worker M Maintenance Worker 11 D1 2% Maintenance Worker I D1 2% Laboratory Services Supervisor D1 orTI* 2% Environmental Compliance Inspector DI orTL* 2% *Perregulation may posses either atreatment operator certificateor a distribution operator certificate. Any current WAVW MW 1 employeesrequiredto obtainthe D I certification wa continue to be employedinhis/her current classification.Oncehe/she, obtainsthe rem imdcertificationhis/her salarywill be adjustedupon verification. 100 Any employee, who obtains a certificationhigher that required, shall have his/her pay adjusted In accordancewith Article IV —Education Incentive of the MOU except as follows: • Personnel listed abovewho are required to obtain a D I Cor T1 *certificate), who obtain a D2 or T2*) certificate shall receive an additional incentive of 2%(instead of $40 as stated in Article4.1). The City will pay for the training to obtain the certificate for current and future employeesper Article 4.2 of the MOU. Verification forcurrent and future employees can be by letter from the Stateverifying obtainingthe required ardfumW or a copy ofthe certificateupon presentation to the City ofLodi. The increaseto the base pay shall commenceon the day the certificateor letteris presented to the City. The City will modify the respectivejob descriptionsto reflect the new requirements forthe above job titles within 60 days to ensure that all new hire employeesare aware of the requirements. By their signaturebelow, AFSCME and the city agree that the resolution contained herein resolves this issue. AGREED TO BY AFSCME, COUNCIL, 57 Felix Mario Huerta Jr., Mark Ruggiero, Chapter President 101 AGREED TO BY THE CITY OFLODI James R Krueger, Deputy, City Manager Richard Prima, Public Works Director RESOLUTION NO. 2012-25 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF LODI AND THE GENERAL SERVICES AND MAINTENANCE AND OPERATORS UNITS WHEREAS, representatives from the City of Lodi and AFSCME Council 57 Local 146 -AFL-CIO General Services and Maintenance and Operators Units have bargained in good faith for the purpose of amending certain articles of the Memorandums of Understanding. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandums of Understanding (Exhibit A and Exhibit B) between the City of Lodi and AFSCME Council 57 Local 146 -AFL-CIO for the General Services and Maintenance and Operators Units; and BE IT FURTHER RESOLVED that said Memorandums of Understanding shall be effectivefor the period January 1, 2012 through December 31, 2013. Date: March 21, 2.012 hereby certify that Resolution No. 2012-25 was passed and adopted by the Lodi City Council in a regular meeting held March 21, 2012, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS —Johnson ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NIFE4:, ROBISON ssistant Clerk 2012-25 MEMORANDUM OF UNDERSTANDING CITY OF LODI AND A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO GENERAL SERVICES UNIT January 1,2012 -December 31,2013 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 TABLE OF CONTENTS P CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I salary 4 Article 11 Compensatory Time 4 Article III Court Appearances 5 Article IN Deferred Compensation 5 Article V Education Incentives 5 Article VI Bilingual Pay 6 Article VII Flexible Spending Account 6 Article VIII Mileage Compensation 6 Article IX Overtime 6 Article X Temporary Upgrade 7 Article XI Tools and Uniform Allowance 8 Article XII Tuition Reimbursement 8 Article XIII Workers' Compensation 8 CHAPTER 2 — LEAVES Article XIV Catastrophic Leave 9 Article XV Bereavement Leave 9 Article XVI Holidays 9 Article XVII Leave of Absence 10 Article XVIII Sick Leave 10 Article XIX Vacation Leave 10 CHAPTER 3 — INSURANCE AND RETIREMENT Article XX Chiropractic 12 Article XXI Dental Insurance 12 Article XXII Life Insurance 12 Article XXIII Long Term Disability 12 Article XXIV Medical Insurance 12 Article XXV PERS 14 Article XXVI Sick Leave Conversion 14 Article XXVII Vision Insurance 16 CHAPTER 4 — SAFETY Article XXVIII Safety/Safety Boot Provisions CHAPTER 5 — WORK HOURS. SCHEDULES. MEALS 17 Article XXIX Hours 18 Article XXX Meals 18 2 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 CHAPTER 6 — ASSOCIATION / CITY ISSUES Article XXXI Association Leave 20 Article XXXII Changes in Memorandum 20 Article XXXIII City Rights 20 Article XXXIV Employee Representation 20 Article XXXV Grievance Procedure 23 Article XXXVI Mutual Consent Contingency 26 Article XXXVII No Strikes 26 Article XXXVIII Probationary Period 26 Article XXXIX Promotion 27 Article XL Seniority 27 Article XLI Shop Stewards 27 Article XLII Status 27 Article XLIII Layoff 28 Article XLIV Term 28 Attachment A — Salary Schedule effective 03/21/12 3 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 Chapter 1- Salaries and Other Compensation ARTICLE I—SALARY 1.1 Bargaining unit members agree to accept the following furlough hours during the term of this MOU: July 1,2012 —December 31,2012 — 72 hours, of which 6, 8 -hour days occur on a fixed day during the month (typically a Friday) and 3, 8 -hour days will be floating and must be used by December 3 1,2012 unless there is a scheduled conflict. January 1, 2013 —December 31, 2013 — 96 hours, all of which occur on a fixed day during the month (typically a Friday) unless there is a conflict. Fixed and floating furlough leave shall be deducted from bargaining unit member's salary in equal amounts during the particular term. 1.2 Fixed furlough days will be in accordance with Exhibit D — Furlough Calendar. For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland 1.3 If any City bargaining unit, group, or City Council (except for IBEW) receives a salary increase or a higher value medical and/or retirement benefit for the MOU negotiated (or last/best/final offer imposed) that otherwise expired on December 31,2013 or by resolution adopted by Council this unit will receive the same benefit. This clause shall not be triggered as a result of a delay in implementing the medical cap to give affected employees the opportunity to move to a lower cost plan upon the next available open enrollment period. ARTICLE II —COMPENSATORY TIME 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 forty-four (144) 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. rd MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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. ARTICLE III — COURT APPEARANCES 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 forjury duty. 3.4 If an employee has had jury duty of six (6) hours or more during a sixteen (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 (6) 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 (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance. ARTICLE IV — DEFERRED COMPENSATION The City shall match contributions by General Service employees to a deferred compensation program up to a -maximum of 3.0% of the employee's gross salary beginning in the pay period that July 1,2012 falls. ARTICLE V — EDUCATION INCENTIVES Employees in sub -professional engineering positions having the following certificates will receive an additional $23.08 per pay period: Engineer in Training Land Surveyor in Training Land Surveyor The incentive in this subsection is limited to employees hired prior to the execution of this MOU. 5 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 ARTICLE VI —BILINGUAL PAY 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 the discretion in determining the languages that will be recognized. ARTICLE VII — FLEXIBLE SPENDING ACCOUNT 7.1 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. 7.2 The City intends to propose a Cafeteria -based benefit program in 2012 with an effective date of January 1, 2013. This program would incorporate, but not be limited to: medical, vision, dental, chiropractic, and life insurance. The above listed terms of this agreement will be reopened for negotiation upon the City's presentation of a Cafeteria Plan. 7.3 The City's proposed Cafeteria Plan will offer substantially the same or better benefits to those currently received by unit members. ARTICLE VIII — MILEAGE COMPENSATION 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. ARTICLE IX — OVERTIME 9.1 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: a. Time 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. b. Time worked on a non -work day. Time worked on a holiday will be paid at time and one-half rate. Hours worked on a holiday, as part of an employee's regular work schedule shall be compensated as above, plus regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU. 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. Phone calls lasting less than 10 minutes and does not require substantive work would be paid 1 hour at 0 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 the appropriate overtime rate. Calls more than 10 minutes would receive the standard 3 hour callback at the appropriate overtime rate. 9.2 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. 9.3 RESTPERIOD 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. 9.4 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. 9.5 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: a. On 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. b. On 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. 9.6 Those employees (Animal Services Supervisor) serving on an on-call basis shall be compensated $25.00 per week. ARTICLE X — TEMPORARY UPGRADE Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent 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. M MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 ARTICLE M — TOOLS AND UNIFORM ALLOWANCE 11.1 The City agrees to provide all necessary uniforms and safety equipment for the following classifications in the General Services Unit and provide a quarterly uniform allowance of $150 (except to Senior Storekeeper): • Administrative Clerk — Community Improvement • Animal Services Supervisor • Animal Services Officer • Community Improvement Officer • Field Services Representative • Field Services Supervisor • Meter Reader • Parking Enforcement Assistant • Police Records Clerk • Police Records Clerk Supervisor • Senior Storekeeper • 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. 11.2 The City and AFSCME mutually agree that the City shall purchase appropriate foul -weather coats and boots as deemed necessary for field personnel. ARTICLE XII — TUITION REIMBURSEMENT Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not eliminate this policy during the term of this MOU. ARTICLE XIII — WORKERS' COMPENSATION The City and 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. MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 Chapter2 - Leaves ARTICLE XIV — CATASTROPHIC LEAVE 14.1 Catastrophic Leave will be provided as stated in the City's current policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability. 14.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability. ARTICLE XV —BEREAVEMENT LEAVE 15.1 Employees shall be granted three (3) days of bereavement leave per incident 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. 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. 15.2 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 for classifications in the General Services Unit. ARTICLE XVI —HOLIDAYS 16.1 Members of this Unit shall observe the following nationally observed holidays: New Year's Day January 1 Martin Luther King, Jr. Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1" Monday in September Thanksgiving Day 4`h Thursday in November Day after Thanksgiving Day Friday following Thanksgiving Day Christmas Eve (4 hours) December 24 Christmas Day December 25 Employees receive holiday pay if/when they work on the above City -recognized national holiday. X MOU — CITY OF LODI AND AF'SCME GENERAL SERVICES UNIT 2012-2013 In addition, each employee shall be granted an additional thirty-six (36) hours 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. ARTICLE XVII —LEAVE OF ABSENCE Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU. ARTICLE XVIII — SICK LEAVE 18.1 Effective December 8, 2003, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 18.2 Sick leave maybe accumulated up to an unlimited amount. 18.3 Employees will be able to use family sick leave for parents of children not residing with the employee consistent with City policy regarding use of family sick leave for a family members illnesses. ARTICLE XIX —VACATION LEAVE 19.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12`x' year 5.24 hours per pay period 15thyear 6.16 hours per pay period 21 st year 6.47 hours per pay period 22nd year 6.78 hours per pay period 23rd year 7.09 hours per pay period 24th year 7.40 hours per pay period 23 year & over 7.71 hours per pay period IK MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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 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 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. 11 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 Chapter 3 - Insurance and Retirement ARTICLE XX — CHIROPRACTIC The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXI — DENTAL INSURANCE 21.1 Employees are provided fully paid family dental insurance. 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. ARTICLE XXII — LIFE INSURANCE 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. 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 sixty (60) days from the date of disability. Please refer to the City's Policy on Long Term Disability. 23.2 The maximum length of coverage is three (3) years from date of disability. ARTICLE XXIV —MEDICAL INSURANCE 24.1 All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. City shall pay 100%premium for the employee's family category (Family, Employee+l, Single) for the lowest cost PERS HMO available in Lodi's geographical area (excludingPORAC) as of January 1,2012. The City will waive the current employee medical contribution effective the first pay period that begins two (2) weeks after this agreement is approved by Council. If employee selects a higher cost plan, employee will pay the difference as a payroll deduction. 12 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 If an employee elects not to be covered by medical insurance through the City of Lodi, an additional: $692.81 per month for family $532.92 for employee + 1 dependent $305.22 for single will be added to either the employee's deferred compensation account or cash. In order to qualify for this provision, proof of group insurance must be provided to the City. Employees will pay one hundred percent (100%) of the change in medical costs beginning January 2013. The baseline will be the January 2012 lowest cost PERS HMO for the employee's family category (Family, $1587.14; Employee+l, $1220.88; Single, $610.44). 24.2 Effective January 1, 2013, the maximum amount the City will pay towards medical premiums will be revised as follows for employees whose annual base salary, adjusted for furloughs, is less than $40,000. For those taking single coverage, City maximum amount paid will increase by the lesser of actual premium increases from Cal PERS or 3%. For those taking Employee + 1 or Family coverage, City maximum amount paid will increase as noted below: • If actual premium increase is 6.55% or less, City will increase maximum amount paid by the lesser of actual premium increase or 6.55%. • If actual premium increase is greater than 6.55% and less than or equal to 9.55%, City will increase maximum amount paid by the actual premium increase over 6.55%, up to a maximum of 3% (9.55%). • If actual premium increase is greater than 9.55%, City will pay the incremental difference between 6.55% and 9.55% (i.e. 3.00%). In no event will the amount to be paid by the City exceed 3.00% over the current City paid amount. Percentage increases shall be based upon the amounts shown above ($610.44 for single, $1,220.88 for Employee + 1 and $1,587.14 for Family). 24.3 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. 24.4 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benefits for the unmarried surviving spouse and 13 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 any minor children of any member 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 26, or other medical insurance becomes available. ARTICLE XXV — PERS 25.1 The City agrees to provide the following PERS retirement program and to pay the employer's cost: 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). g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. 25.2 Employees shall pay the employee portion of Retirement Benefits as follows: January 1,2012 through December 31,2012 — 1% January 1,2013 through December 30,2013 —3.3% December 31,2013 and thereafter — 7.0 % The City and AFSCME agree to a new retirement formula of 2% @ 60. Those employees hired after the City transitions to 2% @ 60 (which would occur once the City receives approval from CaIPERS) will be subject to the new retirement plan of 2% @ 60. Until that date, AFSCME members hired will remain in the 2% @ 55 retirement plan. ARTICLE XXVI — SICK LEAVE CONVERSION 26.1 For all unused sick leave, a represented employee with ten (10)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 (10) 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 14 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 City in excess of ten (10) 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 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, 2.5% 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 1800hours 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. 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 retire on a service retirement shall have the option of purchasing at the employee's cost additional medical insurance sufficient to reach age 65. 15 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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 (8) hours equals one (1) 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 (0) hours of unused sick leave. ARTICLE XXVII — VISION INSURANCE 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. 16 MOU -CITY OF LODI AND MSCME GENERAL. SERVICES UNIT 2012-2013 Chapter 4 — Safety ARTICLE XXVIII — SAFETY/SAFETY BOOT PROVISIONS 28.1 The City agrees to provide an annual boot allowance of $200, paid quarterly as part of the last biweekly payroll in the months of March, June, September and December falls for the following classifications: Building Inspector UII Community Improvement Officer IM Engineering Technician M Jr. Engineer Public Works Inspector YU Sr. Engineering Technician (1) (who do inspection/survey work) Sr. Storekeeper Supervising Code/Community Improvement Officer 28.2 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. 28.3 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 28.4 Employees performing duties/tasks without appropriate footwear may be sent home and additionally may be subject to disciplinary action. 17 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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 (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the Supervisor. 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. b. Parking Enforcement Assistants and Animal Control personnel shall work a schedule which may provide at least one person to work each Saturday. C. Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor. 29.2 Work schedules presently in effect shall remain in effect. Any change in work hours or work days shall be a meet and confer item. 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. 30.3 When an employee is required to perform prearranged work on non -work days during regular work hours, he/she shall observe the lunch arrangement which prevails on his/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, 30.4 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 IHO MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 such employee continues to work into regular work hours, the employee shall provide for one (1) 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. 19 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 Chapter 6 — Association / City Issues ARTICLE XXXI —ASSOCIATION LEAVE 31.1 Whenever any employee is absent from work as a result of a formal request by 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 AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate. 31.2 The City agrees to provide storage space to AFSCME for association materials. ARTICLE XXXII — CHANGES IN MEMORANDUM 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. ARTICLE XXXIII — CITY RIGHTS 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: • Determine the mission of its constituent departments, commissions and boards. • Set standards of service. • Determine the procedures and standards of selection for employment. Direct 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. • 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 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. 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 American Federation of State, County and Municipal Employees (AFSCME) for the General Services Unit. 20 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplatedby 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 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 in Exhibit A. 34.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51 AFSCME 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, AFSCME 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 QFF Union Membership — All employees covered by this Agreement shall, as a condition of employment, become and remain members of the UNION within 3 0 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 21 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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) • 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 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 Dead 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. 22 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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 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. ARTICLE XXXV — GRIEVANCE PROCEDURE 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 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 matter of discipline which includes demotion, suspension or discharge. As used in procedure, the term "PARTY" means an employee, AFSCME, 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 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 AFSCME or the City. Class action grievances shall be in writing from 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 23 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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 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. 35.5 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 STEPFOUR: 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 AFSCME 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: 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 24 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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 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 j oint 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 equallyby 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 25 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 interpretation of this MOU, nor shall such settlements be cited by either parry as evidence in the settlement of subsequent grievances. 35.8 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 35.9 Only AFSCME may appeal a grievance to arbitration. ARTICLE XXXVI — MUTUAL CONSENT CONTINGENCY 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. ARTICLE XXXVII —NO STRIKES 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 j ob performance or City services during the term of this MOU. 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/her new duties, assignments and responsibilities in his/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/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: a Vacation Leave — See Article XIX 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 six (6) months. AFSCME shall be notified of all extensions. d. 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/she was promoted unless he/she is discharged. The seniority and status of a rejected candidate shall continue as before. 26 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 ARTICLE XXXIX — PROMOTION The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within consistent with the best interests of the City. ARTICLE XL - SENIORITY 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. ARTICLE XLI — SHOP STEWARDS 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 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 j ob while his presence is necessary in the judgment of his/her supervisor for the safe conduct and efficiency of the operations in which he/she is engaged. ARTICLE XLH — STATUS 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 (ProbationaryPeriod). 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/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 (12) month of continuous full time service with the City, a probationary employee shall be given the status of a regular employee. 27 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 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. ARTICLE XLIII — LAYOFF Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XLIV — TERM The terms and conditions of this MOU shall continue in effect until such time as they are supersededby a signed agreement/MOU between the City of Lodi and AFSCME. The parties agree as follows: TERM: Covering the period from January 1, 2012 through December 31, 2013 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 ATTACHMENT A CLASSIFICATION PLAN - GS Current employees as of 3/21/12 29 WWRa AccountingClerk 1 5 2576.81 2705.65 2840.93 2982.97 3132.12 AccountingClerk 11 3 2834.48 2976.20 3125.01 3281.26 3445.33 Administrative Clerk 372 2566.79 2695.13 2829.89 2971.38 3119.95 Administrative Secretary 376 3414.27 3584.99 3764.24 3952.45 4150.07 Animal Services Supervisor 25 3331.07 3497.63 3672.51 3856.13 4048.94 Assistant Animal Services Officer 39 2896.66 3041.49 3193.57 3353.25 3520.91 Building Inspector 1 74 3942.37 4129.79 4336.28 4553.10 4780.75 Building Inspector II 75 4326.45 4542.77 4769.91 5008.41 5258.83 Buyer 76 3939.96 4136.96 4343.80 4560.99 4789.04 Community Improvement Officer 1 116 3745.85 3933.14 4129.80 4336.28 4553.10 Community Improvement Officer II 118 4120.43 4326.45 4542.77 4769.91 5008.41 Customer Service Representative 1 354 2576.81 2705.65 2840.93 2982.97 3132.12 Customer Service Representative II 353 2834.48 2976.20 3125.01 3281.26 3445.33 EngineeringTechnician 1 157 3970.52 4169.04 4377.49 4596.37 4826.19 En ineerin Technician II 159 4367.57 4585.94 4815.24 5056.00 5308.80 Field Services Representative 36 3504.16 3679.37 3863.34 4056.51 4259.33 Field Services Supervisor 35 4033.72 4235.41 4447.18 4669.53 4903.01 Finance Technician 355 3429.72 3601.21 3781.27 3970.34 4168.85 Information Systems Coordinator 19 5355.37 5623.10 5904.22 6199.42 6509.43 Information Systems Specialist 127 3895.39 4090.17 4294.94 4509.40 4734.87 Junior Engineer 207 4804.32 5044.54 5296.76 5561.60 5839.68 Junior Planner 210 3920.74 4116.77 4322.61 4538.74 4765.68 Junior Plans Examiner/Engineer 71 4326.45 4542.77 4769.91 5008.41 5258.83 Library Assistant 228 2695.14 2829.89 2971.39 1 3119.96 3275.95 Network Technician 426 4671.51 4905.09 5150.34 5407.86 5678.26 Parking Enforcement Assistant 288 2918.97 3064.92 3218.17 3379.08 3548.03 Parks Project Coordinator 271 4804.32 5044.54 5296.76 5561.60 5839.68 Permit Technician 691 3242.65 3404.82 3575.06 3753.82 3941.51 Police Record Clerk 1 313 2547.71 2675.09 2808.85 2949.29 3096.76 Police Records Clerk 11 314 2802.49 2942.61 3089.74 3244.23 3406.44 Police Records Clerk Supervisor 316 3222.37 3383.49 3552.66 3730.29 1 3916.81 Program Coordinator 286 2999.32 3149.28 3306.74 3472.08 3645.69 Public.Works Inspector 1 320 3933.14 4129.79 4336.28 4553.10 4780.75 Public Works Inspector 11 321 14326.45 4542.77 4769.91 5008.41 5258.83 Purchasing Technician 324 3282.49 3446.62 3618.95 3799.89 3989.89 Senior Administrative Clerk 375 2823.47 2964.64 3112.88 3268.52 3431.95 Senior Engineering Technician 161 4804.32 5044.54 5296.76 5561.60 5839.68 Senior Library Assistant 231 2964.64 3112.88 3268.52 3431.95 3603.54 Senior Police Administrative Clerk 315 12988.78 3138.23 3295.13 1 3459.88 3632.88 Senior Storekeeper 77 1 3426.06 3597.36 3777.23 3966.09 4164.40 Supervising Code/Comm.Improvement Officer 110 4738.48 4975.41 5224.17 5485.38 5759.65 Supervising Customer Service Representative 346 3429.72 3601.21 3781.27 3970.34 4168.85 Water Services Technician 1 427 4664.39 4897.61 5142.49 5399.61 5669.59 Water Services Technician 11 428 5130.82 5387.36 1 5656.73 1 5939.571 6236.55 29 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2012-2013 A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO Nancy Vinson Chief Negotiator Date: Sherry Moroz President Date: Linda Tremble Vice President Date: Donnie Sanford Vice President Date: Terri Lovell Secretary Date: Dan Tarnasky MO Representative. Date: Brian Longpre MO Representative. Date: CITY OF LODI A MUNICIPAI. CORPORATION Konradt Bartlam City Manager Date: Dean Gualco Human Resources Manager Date: Attest: Randi Johl City Clerk APPROVED AS TO FORM: D. Stephen Schwabauer MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT Kari Chadwick GS Representative Date: Chris Boyer GS Representative Date: Sandy Smith Treasurer Date: 31 2012-2013 JEXHIB:T a MEMORANDUM OF UNDERSTANDING CITY OF LODI A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO January 1, 2 012 - December 31, 2 013 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 TABLE OF CONTENTS CHAPTER 1— SALARY AND OTHER Page Article I Salary 4 Article II Overtime 4 Article 111 Class A License 6 Article IV Temporary Upgrade 6 Article V Education Incentives 6 Article VI Bilingual Pay 7 Article VII Hours 7 Article VIII Shift Differential 7 Article IX Meals 8 Article X Standby Duty 8 Article XI Mileage Compensation 8 Article XII Court Appearances 9 Article XIII Tools and Uniform Allowance 9 Article XIV Safety/Safety Boots 10 Article XV Workers' Compensation 10 CHAPTER 2 —LEAVES Article XVI Catastrophic Leave 11 Article XVII Bereavement Leave 11 Article XVIII Holidays 11 Article XIX Leaves of Absence 12 Article XX Sick Leave 12 Article XXI Vacation Leave 12 CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT Article XXII Chiropractic Insurance 14 Article XXIII Deferred Compensation Plan 14 Article XXIV Dental Insurance 14 Article XXV Flexible Spending Account 14 Article XXVI Life Insurance 14 Article XXVII Long Term Disability Plan 14 Article XXVIII Medical Insurance 15 Article XXIX PERS 16 Article XXX Sick Leave Conversion 17 Article XXXI Tuition Reimbursement 18 Article XXXII Vision Insurance 18 CHAPTER 4 —ASSOCIATION/ CITY ISSUES Article XXXIII Changes in Memorandum 19 Article XXXIV City Rights 19 2 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 Article XXXV Demotion And Layoff 19 Article XXXVI Employee Representation 20 Article XXXVII Grievance Procedure 22 Article XXXVIII Mutual Consent Contingency 25 Article XXXIX No Strikes 25 Article XL Probationary Period 25 Article XLI Promotion 26 Article XLII Seniority 26 Article XLIII Shop Stewards 26 Article XLIV Status 27 Article XLV Term 27 Article XLVI Union Leave 27 Exhibit A — Salary Schedule effective 1/1/2012 Exhibit B —Incentive Pay Schedule Exhibit C — Incentive Pay for Equipment Maintenance Employees Exhibit D — Certification Pay 3 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 Chapter 1- Salary and Other ARTICLE I — SALARY 1.1 Bargaining unit members agree to accept the following furlough hours during the term of this MOU: July 1,2012 —December 31,2012 — 72 hours, of which 6, 8 -hour days occur on a fixed day during the month (typically a Friday) and 3, 8 -hour days will be floating and must be used by December 31,2012 unless there is a scheduled conflict. January 1, 2013 —December 31,2013 — 96 hours, all of which occur on a fixed day during the month (typically a Friday) unless there is a conflict. Fixed and floating furlough leave shall be deducted from bargaining unit members salary in equal amounts during the particular term. 1.2 For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland 1.3 If any City bargaining unit, group, or City Council (except for IBEW) receives a salary increase or a higher value medical and/or retirement benefit for the MOU negotiated (or last/best/final offer imposed) that otherwise expired on December 31, 2013 or by resolution adopted by Council this unit will receive the same benefit This clause shall not be triggered as a result of a delay in implementing the medical cap to give affected employees the opportunityto move to a lower cost plan upon the next available open enrollment period. 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: a. 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 b. 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 rd MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 shall receive his or her regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU 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 (144) 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) 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. Phone calls lasting less than 10 minutes and does not require substantive work would be paid 1 hour at the appropriate overtime rate. Calls more than 10 minutes would receive the standard 3 hour callback at the appropriate overtime rate 2.10 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: a. 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 5 MOU — CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT 2012-2013 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. 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. ARTICLE III - CLASS A LICENSE Those employees required to have a Class "A" commercial driver's license as part of their employment will be given $600 per year, to be paid in October of each year. ARTICLE IV — TEMPORARY UPGRADE Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent shall receive a 10% wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the `B" step of the classification to which the employee is temporarily upgraded. ARTICLE V — EDUCATION INCENTIVES 5.1 The City shall make available incentive pay as shown in Exhibit B & D. 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. 5.2 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. 5.3 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. 5.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as outlined in Exhibit C. 5.5 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: a. Only courses listed in Exhibit C will qualify towards this incentive. b. 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 G MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 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. c. Employees will receive a total of $25.00 per month for possession of a minimum of three (3) certificates. d. Employees will receive a total of $50.00 per month for possession of a minimum of eight (8) certificates. Incentives in this subsection are limited to employees hired prior to the execution of this MOU (March 21,2012). ARTICLE VI — BILINGUAL PAY 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 the discretion in determining the languages that will be recognized. ARTICLE VII —HOURS 7.1 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. Alternate work hours may be 9 hours a day in the 9/80 schedule for 80 hours in a two week period, or 10 hours per day in the 4/10 schedule. 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 10% above their current base pay. 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 maybe developed by mutual agreement between the employee and the appropriate supervisor. 7.2 Work schedules presently in effect shall remain in effect. Any proposed change in the work days or work hours shall be a meet and confer item. ARTICLE VIII — SHIFT DIFFERENTIAL An Operations Premium of 3% will be applied to Wastewater Treatment Plant Operators for all hours worked during swing shifts. Swing shifts are those daily work periods 7 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 regularly scheduled to begin from 2pm to 12am. Shift assignments shall be made by the City at its sole discretion consistent with this MOU. ARTICLE IX - MEALS 9.1 If the City required an employee to perform work for one and one-half (11/a) 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. 9.2 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. 9.3 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 other provisions of this MOU. 9.4 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 j ob 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 p.m. and noon — 6:30 p.m. ARTICLE X— STANDBY DUTY 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. ARTICLE XI — MILEAGE COMPENSATON 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. MOU - CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT 2012-2013 Allowance changes shall be effective the first day of the month following the determination of an increase by the IRS. ARTICLE XII - COURT APPEARANCES 12.1 Employees summoned by a court forjury 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. 12.2 If jury duty attendance is less than one-half of a normal working day, the employee is expected to return to work. 12.3 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. 12.4 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. ARTICLE XIII- TOOLS AND UNIFORM ALLOWANCE 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: Environmental Compliance Insp. Facilities Maintenance Worker Facilities Supervisor Fleet Services Supervisor Heavy Equipment Mechanic Maintenance Worker 1& 11 Park Maintenance Worker I & II Park Maintenance Worker III Park Supervisor Chief Wastewater Plant Operator I Parts Clerk Plant & Equipment Mechanic Street Maintenance Worker III Street Supervisor Sr. Facilities Maintenance Worker W/WW Maintenance Worker III W/WW Supervisor W/WW Plant OperatorMVIII Welder -Mechanic MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 Coveralls as needed, but no more than 3, are provided to: Chief Wastewater Plant Operator Wastewater Plant Operator I, II, III Sr. Plant and Equipment Mechanic Plant and Equipment Mechanic Environmental Compliance Inspector Maintenance Workers I and II assigned to White Slough Smocks as needed, but no more than 3, are provided to Laboratory Technician 1/11 ARTICLE XIV- SAFETY/SAFETY BOOTS 14.1 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. 14.2 The City agrees to provide an annual boot allowance of $200, paid quarterly as part of the last biweekly payroll in the months of March, June, September and December, for all classifications in this unit except Laboratory Technician I/H 14.3 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. 14.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. ARTICLE XV- WORKER'S COMPENSATION The City and 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. 10 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 Chapter 2 - Leaves ARTICLE XVI — CATASTROPHIC LEAVE 16.1 Catastrophic Leave will be provided as stated in the City's current Policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability. 16.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability ARTICLE XVII — BEREAVEMENT LEAVE 17.1 Regular employees shall be granted 3 days of bereavement leave per incident 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. 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 brother half-brother half-sister sister or a more distant relative who was a member of the employee's immediate household at the time of death. 17.2 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. ARTICLE XVIH — HOLIDAYS 18.1 Members of this Unit shall observe the following nationally observed 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 11 January 1 3`d Monday in January 3rd Monday in February Last Monday in May July 4 1" Monday in September 4`h Thursday in November Friday following Thanksgiving Day December 24 December 25 MOU — CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT 2012-2013 Employees receive holiday pay if/when they work on the above City -recognized national holiday In addition, each employee shall be granted thirty-six (36) hours of holiday leave 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. 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. 18.2 Holiday time maybe taken in quarter hour increments. ARTICLE XIX — LEAVES OF ABSENCE Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU ARTICLE XX — SICK LEAVE 20.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 20.2 Sick leave maybe accumulated up to an unlimited amount. 20.3 Employees will be able to use family sick leave for parents or children not residing with the employee consistent with City policy regarding use of sick leave for family member's illnesses. ARTICLE NM — VACATION LEAVE 21.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hrs per pay period 6th year: 4.62 hrs per pay period 12th year: 5.24 hrs per pay period 15thyear: 6.16 hrs per pay period 21 st'year: 6.47 hrs per pay period 22nd year: 6.78 hrs per pay period 23rd year: 7.09 hrs per pay period 24th year: 7.40 hrs per pay period 25th year & over: 7.71 hrs per pay period 21.2 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 12 MOU — CrIY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT 2012-2013 greatest City seniority. The senior employee shall receive first choice in any scheduling period. 21.3 The maximum mount 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. 21.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate will be 6.16 hours per pay period. 13 MOU -CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT 2012-2013 Chapter 3 - Insurance and Retirement ARTICLE XXII — CHIROPRACTIC INSURANCE The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXIII — DEFERRED COMPENSATION PLAN 23.1 The City and AFSCME agree to E implementation of he it F rc effective July 1, 1977. 23.2 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 beginning in the pay period that July 1, 2012 falls. ARTICLE XXIV — DENTAL INSURANCE 24.1 Employees are provided fully paid family dental insurance. 24.2 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. ARTICLE XXV —FLEXIBLE SPENDING ACCOUNT 25.1 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. 25.2 The City intends to propose a Cafeteria -based benefit program in 2012 with an effective date of January 1, 2013. This program would incorporate, but not be limited to: medical, vision, dental, chiropractic, and life insurance. The above listed terms of this agreement will be reopened for negotiation upon the City's presentation of a Cafeteria plan. 25.3 The City's proposed Cafeteria Plan will offer substantially the same or better benefits to those currently received by unit members. ARTICLE XXVI — LIFE INSURANCE 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. ARTICLE XXVH — LONG TERM DISABILITY PLAN 27.1 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 14 MOU - QTY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 commences 60 days from the date of disability. Please refer to the City's Policy on Long Term Disability. 27.2 The maximum length of coverage is three years from date of disability. ARTICLE XXVIII —MEDICAL INSURANCE 28.1 All employees are offered medical insurance for themselves and dependents through Ca1PERS-Medical Plans. City shall pay 100% premium for the employee's family category (Family, Employee+l, Single) for the lowest cost PERS HMO available in Lodi's geographical area (excluding PORAL) as of January 1,2012. 28.2 The City will waive the current employee medical contribution effective the first pay period that begins two weeks after this agreement is approved by Council. If Employee selects a higher cost plan, Employee will pay the difference as a payroll deduction. If an employee elects not to be covered by medical insurance through the City of Lodi, an additional: $692.81 per month for family $532.92 for employee + 1 dependent $305.22 for single will be added to either the employee's deferred compensation account or cash. In order to qualify for this provision, proof of group insurance must be provided to the City. 28.2 Employees will pay one hundred percent (100%) of the change in medical costs beginning January 2013. The baseline will be the January 2012 lowest cost PERS HMO for the employee's family category (Family, $1587.14; Employee+l, $1220.88; Single, $610.44). Effective January 1, 2013, the maximum amount the City will pay towards medical premiums will be revised as follows for employees whose annual base salary, adjusted for furloughs, is less than $40,000. For those taking single coverage, City maximum amount paid will increase by the lesser of actual premium increases from Ca1PERS or 3%. For those taking Employee + 1 or Family coverage, City maximum amount paid will increase as noted below: • If actual premium increase is 6.55% or less, City will increase maximum amount paid by the lesser of actual premium increase or 6.55%. 15 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 • If actual premium increase is greater than 6.55% and less than or equal to 9.55%, City will increase maximum amount paid by the actual premium increase over 6.55%, up to a maximum of 3% (9.55%). • If actual premium increase is greater than 9.55%, City will pay the incremental difference between 6.55% and 9.55%O.e. 3.00%). In no event will the amount to be paid by the City exceed 3.00% over the current City paid amount. Percentage increases shall be based upon the amounts shown above ($610.44 for single, $1,220.88 for Employee+ 1 and $1,587.14 for Family). 28.3 Employees shall be eligible for medical insurance from the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi. 28.4 The City shall pay 100% of the premiums or up to the maximum City payment noted above 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 26, or other medical insurance becomes available. ARTICLE XXIX— PUBLIC EMPLOYEES RETIREMENT SYSTEM 29.1 The City agrees to provide the following PERS retirement program and to pay the employers cost: 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 300/0 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 Section 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). g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. 16 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 Employees shall pay the employee portion of Retirement Benefits as follows: January 1, 2012 through December 31, 2012 — 1% January 1,2013 through December 30,2013 — 3.3% December 31, 2013 and thereafter — 7.0 29.2 The City and AFSCME agree to a new retirement formula of 2% @ 60. Those employees hired after the City transitions to 2% @ 60 (which would occur once the City receives approval from CalPERS) will be subject to the new retirement plan of 2% @ 60. Until that date, AFSCME members hired will remain in the 2% @ 55 retirement plan. ARTICLE XXX— SICK LEAVE CONVERSION 30.1 For all unused sick leave balance, 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 21/2% to the 50%before converting the unused sick leave to months of insurance. EXAMPLE: ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800HOURS OF UNUSED SICK LEAVE. 1800—.8X75%-. 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 V2% 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). 17 MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 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. 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. 30.2 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 30.1. 30.3 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. 30.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the City liability as specified in Section 30.1 of this Article. 30.5 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. V an employee opts to utilize the provisions of any section of Article 30 other than 30.5, the City will report to PERS they have zero hours of unused sick leave. ARTICLE XXXI— TUITION REIMBURSEMENT Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not eliminate this policy during the term of this MOU. ARTICLE XXXH — VISION INSURANCE 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. LE:3 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 Chapter 4. Association/City Issues ARTICLE XXXIII — CHANGES IN MEMORANDUM 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. ARTICLE XXXIV — CITY RIGHTS 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 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 on such matters may have on wages, hours or other terms and conditions of employment. ARTICLE XXXV — DEMOTION AND LAYOFF 35.1 The classification of Maintenance Worker in the Parks, Recreation and Cultural Services 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 workforce. 19 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 35.2 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXVI — EMPLOYEE REPRESENTATION 36.1 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 American Federation of State, County and Municipal 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 contemplatedby 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 in Exhibit A. 36.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51. 36.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF a. 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. b. 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. 20 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 c. 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. d. 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. e. 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. f. 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. g. 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. h. The Union will comply with its legal obligation regarding the administration of this section. 21 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 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. 36.4 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. 36.5 No City employee or applicant for employment shall be discriminated against in any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability. 36.6 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. ARTICLE XXXVII — GRIEVANCE PROCEDURE 37.1 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 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, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the grievance procedure. 37.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: 22 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 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 AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa. 37.3 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. 37.4 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 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. 37.5 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. 37.6 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 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 23 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 five (5) arbitrators, the same request shall be made of the American Arbitration Association. To ensure 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 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. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial 24 MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 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. 37.7 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. 37.8 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. 37.9 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 37.10 Only AFSCME may appeal a grievance to arbitration. ARTICLE XXXVIII — MUTUAL CONSENT CONTINGENCY 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. ARTICLE XXXIX— NO STRIKES 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. ARTICLE XL — PROBATIONARY PERIOD 40.1 All appointments to positions in the classified service shall be subject to a probationary period of 12 continuous months of service. The probationary period 25 MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 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. 40.2 During the probationary period, all new hires shall have 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. 40.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position which he or she was promoted. The seniority and status of a rejected candidate shall continue as before. ARTICLE XLI — PROMOTION 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. ARTICLE XLII — SENIORITY 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. ARTICLE XLIII — SHOP STEWARDS 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. Q'� MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 ARTICLE XLIV— STATUS 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 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. ARTICLE XLV — TERM 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 January 1, 2012 to December 31, 2013. ARTICLE XLVI — UNION LEAVE 46.1 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 union 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. 46.2 The City agrees to provide storage space to AFSCME for union materials. 27 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 EXHIBIT A - Effective 03/21/12 Occupation Title OCC Step A Step B Step C Step D Step E Chief Wastewater Plant Operator 358 4863.55 5106.73 5362.07 5630.17 5911.68 Environmental Compliance Inspector 425 4027.38 4228.75 4440.19 4662.20 4895.31 Equipment Service Worker 166 2950.92 3098.47 3253.39 3416.06 3586.86 Facilities Maintenance Worker 81 3243.40 3405.57 3575.84 3754.64 3942.37 Facilities Supervisor 78 4103.07 4308.22 4523.63 4749.81 4987.31 Fleet Services Supervisor 265 4479.64 4703.62 4938.81 5185.75 5445.03 Heavv Equipment Mechanic 264 3541.48 3718.55 3904.48 4099.70 4304.69 Laborato Services Supervisor 352 4863.55 5106.73 5362.07 5630.17 5911.68 Laboratory Technician 1 212 3207.89 3368.28 3536.70 3713.53 3899.21 LaboratorV Technician II 213 3528.40 3704.82 3890.06 4084.56 4288.79 Lead Equip ment Mechanic 266 3895.63 4090.41 4294.93 4509.67 4735.16 Maintenance Worker 1 252 2808.87 2949.44 3096.77 3251.56 3414.32 Maintenance Worker II 255 3089.22 3243.68 3405.86 3576.15 3754.96 Park Maintenance Worker 1 273 2675.26 2809.03 2949.48 3096.95 3251.80 Park Maintenance Worker II 276 2942.51 3089.64 3244.12 3406.32 3576.64 Park Maintenance Worker III 279 3236.85 3400.46 3568.63 3747.06 3934.42 Park Su ervisor 270 4103.07 4308.22 4523.63 4749.81 4987.31 Parts Clerk 135 2810.76 2951.29 3098.86 3253.80 3416.49 Plant & Equipment Mechanic 430 3661.19 3844.18 4036.28 4238.03 4449.94 Senior Facilities Maintenance Worker 73 3567.64 3746.02 3933.32 4129.99 4336.49 Senior Plant & Equipment Mechanic 434 4027.44 4228.82 4440.26 4662.27 4895.38 Stage Technician 113 3567.64 3746.02 3933.32 4129.99 4336.49 Street Maintenance Worker III 258 3398.51 3568.44 3746.86 3934.20 4130.91 Street Supervisor 381 4307.71 4523.09 4749.25 4986.71 5236.05 Tree Operations Supervisor 410 4307.71 4523.09 4749.25 4986.71 5236.05 Wastewater Plant Operator 1 361 3493.73 3668.41 3851.84 4044.43 4246.65 Wastewater Plant Operator 11 360 3843.20 4035.36 4237.13 4448.99 4671.44 Wastewater Plant Operator III 362 4227.53 4438.90 4660.85 4893.89 5138.59 WaterMastewater Maintenance Worker III 431 3398.51 3568.43 3746.86 3934.20 4130.91 WaterMastewater Supervisor 429 4631.87 4863.61 5106.59 5362.07 5630.23 Welder - Mechanic 171 3541.37 3718.52 3904.51 4099.68 4304.73 R: MOU -CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 EXHIBIT B INCENTIVE PAY SCHEDULE Minimum Grade Level 1. 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 29 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 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 ( Water/ Wastewater) I • Maintenance Worker I, II, III II (Water/Wastewater) • 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 I, II, III & Laborer • Wastewater Plant Operator I • Senior Facilities Maintenance Worker 317 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 9. Pest Control Advisor License (State of California) • Street Supervisor • Parks Supervisor • Laborer • 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. 31 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 EXHIBIT C INCENTIVE PAY FOR EQUIPMENT MAINTENANCE EMPLOYEES Mechanic Oualifications 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 Adiustment License issued by BAR $12.50 Equipment Service Worker Heavy Equipment Mechanic Welder -Mechanic Lead Equipment Mechanic Aluminum Weldinst 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 32 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT' 2012-2013 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 $150.00 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 & Axles A-4 Suspension & Steering A-5 Brakes A-6 Electrical/ 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 T-7 Med/Hvy Truck: Heating, Ventilation, & A/C T-8 Med/Hvy Truck: Preventive Maintenance Inspection 33 Exhibit D V`bdCITY oF Low COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Amending Memorandums of Understanding with Maintenance and Operators and General Services Bargaining Units of the Association of Lodi City Employees to Provide Additional Pay for State Required Certifications of Distribution Operators I and lI (CM) MEETING DATE: PREPARED BY July 18,2007 Deputy City Manager RECOMMENDEDACTiON: Approve Resolutlon to amend Memorandums of Understanding (MOU) with Maintenance and Operators and General Services Bargaining units cf The Association of Lodi City Employees (ALCE) to provide additional pay for State -required certifications of Distribution Operators I and 11. BACKGROUND INFORMATION: Various employees who work in the Public Works Department Water and Wastewater operations are required to have certifications as either a Distribution Operators I or 11 level, These certifications are required by the State of California in order that the City of Lodi meet Health and Safety standards. The certification requirement was enacted several years ago, but the pay level for employees who are required to obtain certifications was not adjusted at the same time as the requirement for certification was enacted. The City of Lodi and members of the Maintenance and Operators and General Services bargaining units have met, conferred and tentatively agreed to amend the MOUS to allow for additional compensation for employees for which the certification requirements apply. The attached agreements with these bargaining units indicate the terms of these tentative agreements as follows: Base pay for the employees as indicated in attachments A and B who are required to obtain a level one certification will be increased by 2W Base pay for the employees as indicated in attachments A and B who are required to obtain a level two certification will be increased by 4%. Any employee in the General Services bargaining unit of ALCE who is required to obtain a level one certification but obtains a level two certification will receive an $ 60 incentive pay, re Any employee in the General Services bargaining unit of ALCE who is, requiredto obtain a level one certification but obtains a level two certification will receive an additional $ 60 per month in incentive pay, APPROVED: Blair , City Manager~ nnn/i nr,Fri ;,'d.1 C.i ,i,i r.•nn7/ii /i r. Any employee in the Maintenance and Operators bargaining unit of ALCE who is required to obtain a level one certification but obtains a level two certification will receive and additional 2% incentive pay. It was tentatively agreed that this would be implemented retroactively to July 1, 2006. FISCAL IMPACT: The additional annual expenditurefor both d the amendments to the MOUS totals approximately $50,000 per year. FUNDING AVAILABLE: The additional costs for certification pay of preparing and mailing the supplemental assessment will be borne by the Finance and City Attorney's bud , &I's R. Krueger, Deputy City Manager Attachment., Attachment A- Amendment to General Services MOU Attachment B- Amendment to Maintenance& Operators MOU 900/ZOO [n Y.Vj B : N 60OZ/L ULO RESOLUTION NO. 2007-134 A RESOLUTION OF THE LODI CITY COUNCILAPPROVING AMENDMENT TO MEMORANDUMS OF UNDERSTANDING WITH THE MAINTENANCEAND OPERATORSAND GENERAL SERVICES BARGAINING UNITS OF THE ASSOCIATION OF LODI CITY EMPLOYEES TO PROVIDE ADDITIONAL PAY FOR STATE REQUIRED CERTIFICATIONS OF DISTRIBUTION OPERATORS IAND II NOW, THEREFORE, BE (T RESOLVED that the Lodi City Council does hereby approve an amendment to the Memorandums of Understanding with the Maintenance and Operators and General Services bargaining units of the Association of Lodi City Employees to provide additional pay for State required certifications of Distribution Operators I and II, as shown on Exhibits A and B as attached hereto; and BE IT FURTHER RESOLVED that the amendment to the Memorandums of Understanding shall be effectivefor the period July 1, 2006 through June 30, 2008. Dated: July 18,2007 I hereby certify that Resolution No. 2007-134 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 18, 200'7, by the following vote: AYES: NOES: ABSENT. ABSTAIN: COUNCIL MEMBERS - Hansen, Katzakian, Mounce, and Mayor Johnson COUNCIL MEMBERS- None COUNCIC MEMBERS -Hitchcock COUNCIL MEMBERS - None 2007-134 City Clerk goo/coo 1A Xvj 2l:bl BOWL L/Zo Side letter to the Current/Maintenance & Operators MOU between the City ofL' o KU AFSCME Council 57, Local 146, AFL -CTO and its ALCE Chapter Whereas, the City received a letter from the State of Californiadated April 2002 mandating that employees who perform certain water system related tasks obtain Distribution Operator I or Distribution Operator II certification Some of these employees are in the AFSCME Bargaining unit (Maintenance & Operators). Whereas, AFSCME Council 57, Local 146, AFL-CIO ALCE Chapter and the City of Lodi have resolved the this issue amicably. Now, Therefore, be it resolved that AFSCME and the City of Lodi agree to the following adjustment to base pay (PERS reportable), retroactive to July 1,2006 upon approval of the AFSCME membership and the City of Lodi: Employees in the following cWsifi-cations assigned to the water services Mater/Wastewater) division.. of the public Works Department shall receive supplemental certificationpay as listed below for the required certifications: City of Lodi Public Distribution Operator Certification Pay Works Department Job Title Certification Grade Added to Base Pay Required Water/Wastewater Supervisor D2 4% Senior Plant & Equipment D2 4% Mechanic Plitat & Equipment Mechanic D2 4% Weior_1Wastawator Maintenance D1 2% Worker III Maintenance Worker IZ Dl 296 Maintenance Worker I DI 2% Laboratory Services Supervisor D1 orTI* 2% Environmental Compliance Inspector Di or T1* 2% *Per regulation may posses either a treatment operator certificate or a distribution operator certificate. Any currentW/WW MW 1 employees required to obtain the D 1 certificationW21 continue to be employed in his/her current classification. Oncehe/she obtains the req izWcertificationhis/her salary will be adjusted upon verification. 100 onnlcAAFrh .W-+ P.i ,r.i annz/iil.n Any employee, who obtains a certification higher that required, shall have histher pay adjusted in accordance with Article IV — Education Incentive of the MOU except as follows: + Personnel listed above who are required to obtain a D 1 (P—r Tl * certificate), who obtain a D2 (ga T2*) certificate shat l receive an additional incentive of 2% (instead of$40 as stated in Article 4, 1). T'be City will pay for the training to obtain the certificate for current and future employees per Article 4.2 of the MO U. Verification for eurml and future employees can be by letter from the State verifying obtaining the required certificate or a copy of the certificate upon presentation to the City of Lodi. The increase to the base pay shal I commence on the day the certificate or letter is presented to the City. The City wi Il modify the respective job descriptionsto reflect the new requirements for the above job titles within 60 days to ensure that all new hire employees are aware ofthe requirements. By their signature below, AFSCW and the city agree that the resolution contained herein resolves this issue. AGREED TO BY AFSCME, COUNCH, 57 Felix Mario Huerta Jr., , Mark Ruggiero, Chapter President 101 900/900 � AGREED TO BY THE CITY OF LODI James R. Krueger, Deputy, City Manager Richard Prima, Public Works Director XVJ 21.'bl 600Z/Ll/LO Side letter to the Current General Services MOU between the City of Lodi and AFSCME Council 57, Local 146, AFLeC10 and its ALCE Chapter Whereas, the City received a letter from the State of California dated April 2002 mandating that employees who perform certain water system related tasks obtain Distribution Operator I or Distribution Operator II certification. Some ofthese employees are in the AFSCME Bargaining unit (General Services). Whereas, AFSCME Council 57, Local 146, AFL-CIO ALCE Chapter and the City of Lodi have resolved the this issue amicably. Now, Therefore, be it resolved that AFSCME and the City of IoA agreeto the following adjustmentto base pay (PERS reportable), retroactive to July 1,2006 upon approval of the AFSCME membership and the City of Lodi: Employees in the following classifications assigned to the Public Works Department shall receive supplemental certification pay as listed below for the required certifications: City of Lodi Public Works Department Job Title Public Works Inspector 11, Public Works Inspector I Senior Engineering Technician* Distribution Operator Certification. Grade Required DI DI D2 and Tl Certification Pay Added to Base Pay 2% 2% 4% * Applies to one incumbent in this classification (Devin Gaither) who c4rivaly has these certifications, but are not required for this classification. Any current employees required to obtain the D 1 certification will continue to be employed in his/her current classification, Once he/she obtains the required certification his/her salarywill be adjusted upon verification. The City will continue to pay for the training w obtain the certificate for current and future employees. Verification fbr aarreat and future employees can be by lettffi from the State verifyinobtaining the required certificate or a copy of the certificate upon presentation to the City of Lodi. Re mc=eto the base pay shall commence on the day the Certificate ar letter is presented to the City. The City will modify the respective job descriptions to reflect the neve requirements for the above job titles within 60 days to ensure that all new hire employees are aware of the requiromente. By their signature below, AFSCME and the city agree that the resolution contained herein resolves this issue. AGREED TO BY AFSCME, AGREED TO BY THE COUNCIL 57 CITY OF LODE, )Felix Mario Huert Jr., Mark Ruggiero, Chapter President 99 unn/t�nnf� James R. Krueger, Deputy, City Manager Richard Prima, Public Works Director '/V- RL : bl R007.!) l/) 0 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 A.F.S.C.M.E. COUNCIL, 57 LOCAL 146 -AFL-CIO Nancy Vinson Chief Negotiator Date: CITY OF LODI A MUNICIPAL CORPORATION Konradt Bartlam City Manager Date: Sherry Moroz Dean Gualco President Human Resources Manager Date: Date: Linda Tremble Vice President Date: Attest: Donnie Sanford Vice President Date: Terri Lovell Secretary Date: Dan Tarnasky MO Representative Date: Brian Longpre MO Representative Date: 34 Randi Johl City Clerk APPROVED AS TO FORM: D. Stephen Schwabauer City Attorney MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2012-2013 Kari Chadwick GS Representative Date: Chris Boyer GS Representative Date: Sandy Smith Treasurer Date: 35