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Home My WebLink AboutResolutions - No. 2003-44RESOLUTION NO. 2003-44 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 (ELECTRIC UTILITY UNIT) NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Memorandum of Understanding for the International Brotherhood of Electrical Workers, Local 1245 (Electric Utility Unit), as shown on Exhibit A attached hereto; and BE IT FURTHER RESOLVED that said Memorandum of Understanding shall be effective January 1, 2003, through December 31, 2005 Dated: March 19, 2003 I hereby certify that Resolution No. 2003-44 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 19, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Land, and Mayor Hitchcock NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Howard ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2003-44 EXHIBIT Al MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LODI M �7 LOCAL 1245 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS ELECTRIC UTILITY UNIT January 1, 2003 to December 31, 2005 Table of Contents CHAPTER 1. SALARIES AND OTHER COMPENSATION Article I........................Compensation for Illness or Injury Incurred Article X.......................Funeral in Course of employment.........................................1 Article II.......................Court Appearances/Jury Duty ..................................... 1 ArticleIII ...................... Overtime ............................................................. 2 ArticleIV ...................... Salary ................................................................. 4 ArticleV.......................Standby Duty ......................................................... 4 Article VI ......................Temporary Upgrade ................................................ 6 Article VII.....................Tools and Uniforms............................................... 6 Article VIII ....................Tuition Reimbursement ............................................. 7 CHAPTER 2. LEAVES Article IX......................Catastrophic Bank .................................................. 8 Article X.......................Funeral Leave ....................................................... 8 Article XI ............... ......Holidays ................ .............................................9 Insurance ................................................... Article XII .....................Leave of Absence .................................................. 9 Article XIII ....................Sick Leave .......................................................... 10 ArticleXIV .................... Vacation ............................................................. 1 0 CHAPTER 3. INSURANCE AND RETIREMENT Article XV....................Chiropractic Coverage ............................................. 11 Article XVI...................Deferred Compensation ........................................... 1 l Article XVII ..................Dental Insurance ................................................... I 1 Article XVIII .................Life Insurance ....................................................... 12 Article XIX...................Long Term Disability .............................................. 12 Article XX....................Medical Insurance .................................................. 12 Article XXI................... Retirement ........................................................... 1 3 Article XXII..................Sick Leave Conversion........................ Article XXIII .................Vision Insurance .................................................... 1 5 CHAPTER 4. SAFETY ArticleXXIV................. Safety ................................................................. 16 CHAPTER 5. Work Hours, Schedules, Meals .............. Article XXV..................Hours............................................... ....17 Article XXVI..................Inclement Weather............................. ........18 Article XXVII................ Meals ................................................................. 18 Article XXVIII ...............Trouble Truck ...................................................... 20 Article XXIX..................Utility Services Operator Relief Procedure 32 Article XXXVIII .............Disciplinary Proceedings.......................... .....35 Three Shift Plan ..................................................21 Article XXVI ..................Utility Services Operator Relief Procedure Article XL.....................Policy Manual............................. Two Shift Plan ....................................................23 Period ................................................. 39 Article XXXI ..................Utility Services Operator Procedure ArticleXLIII.................. Term .................................................................. 41 Two Shift Plan....................................................26 CHAPTER 6.AssociationlCity Issues Article XXXII................Changes in Memorandum of Understanding .................... 27 Article XXXIII...............City Rights ........................................................... 27 Article XXXIV ................Demotion and layoff:............................. ...........28 Article XXXV .................Drug and Alcohol Policy .......................................... 28 Article XXXVI...............Employee Representation .......................................... 28 Article XXXVII ..............Grievance Procedure ................................................ 32 Article XXXVIII .............Disciplinary Proceedings.......................... .....35 Article XXXVHI.............Mutual Consent Clause ............................................. 38 Article XXXIX...............No Strikes.................... Article XL.....................Policy Manual............................. Article XLI....................Probationary Period ................................................. 39 Article XLII...................Rest Period .......................................................... 40 ArticleXLIII.................. Term .................................................................. 41 Attachment A Attachment B Attachment C Attachment D Salary Schedule Salary Schedule Side Letter Re: Alternate Work Schedule Side Letter Re: Clarification of Article VIII City of Lodi And International Brotherhood of Electrical Workers 2003-2005 Chapter 1. Salaries and Other Compensation ARTICLE I - COMPENSATION FOR ILLNESS OR INJURY INCURRED IN COURSE OF EMPLOYMENT 1.1 The City and the MEW 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 employment, the City will pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of 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 will also receive compensation from the City in such an amount that when added to the Workers' Compensation payment will equal his/her regular salary. The amount paid by the City will, after the period from the date of injury and date of eligibility, at the employee's discretion be charged to the employee's sick leave, vacation leave, or compensatory time off account. Such choice shall be made at the time the time cards are turned in and shall not be changed after being submitted. The employee's regular deductions shall be made from the amount paid by the City. ARTICLE II - COURT APPEARANCES/JURY DUTY 2.1 The IBEW concurs with the existing City policy which provides that no deduction shall be made from the salary of an employee while on jury duty. 2.2 If an employee covered by this agreement is required by subpoena to appear in court 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/her 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/her regular pay for the, time spent in any appearance as required by this article. As a prerequisite for payment to off-duty employees, the Electric Utility Director or his CITY OF LOD] AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 designee must be notified in writing of the off-duty appearance within seventy-two hours after the employee is subpoenaed or otherwise notified of the required court appearance. 2.3 Voluntary grand jury service such as that service in San Joaquin County is not covered by Jury Duty leave. 2.4 Swing and Graveyard Shift Utility Operators called in for jury duty for a second consecutive day will be reassigned to the Day Shift, Monday through Friday for the remainder of the jury duty. ARTICLE III - OVERTM 3.1 Overtime work is work performed by an employee at times other than those normally required for his/her employment and includes time worked as follows: in excess of forty hours in a work week, 2. in excess of eight hours in any work day, time worked outside of regular hours of work on a work day, 4. time involved on non -work day, and time worked on a holiday. Overtime, except as provided for in Article V, Section 5.1 shall be compensated as follows: 1. Prearranged at the rate of one and one-half times the straight time rate of pay. Prearranged work shall mean that the employee was notified of the work prior to the end of the preceding regular workday. All other work shall be considered "non -prearranged" or "emergency" work. 2. All other overtime at the rate of two times the straight time rate of pay. The time worked in excess of 12 consecutive hours and continuing until the employee is dismissed from such work shall be paid at the rate of two times the employee's straighttime rate of pay. Any time worked on a holiday will. be paid at two times the employee's rate of pay. 3.2 The City may change the hours of work as stated in 25.1 after consultation with the employees and the employee organization involved, provided however that no change or alteration of hours or schedules will be made for the sole purpose of avoiding the payment of overtime. 3.3 Employees who are required to report for 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 two hours. 2 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS = MOU 2003 - 2005 3.4 Any employee reporting for prearranged work wholly outside of his/her regular hours on a regular work day shall be compensated at the overtime rate for actual time worked, but in no event shall he/she be paid for less than two hours. 3.5 Any employee refusing to work on a holiday after having received forty-eight hours of such work scheduling, and having failed to secure a replacement with management approval, shall not be compensated for that holiday. 3.6 Overtime shall be distributed as equally as possible among those employees in the same classification who voluntarily sign the biweekly overtime call -out list. The City reserves the right for emergency call -out work to first call employees on the list who meet a 20 -minute response time requirement. The City retains the right to call any qualified City employee to fill in crews after the overtime list is exhausted. No employee shall be required to trade time for the purpose of avoiding payment of overtime. 3.7 Employees may exchange work days with other employees in the same classification provided: both employees are agreeable to the exchange; and 2. neither employee work more than forty hours during the work week involved; and 3. the exchange receives management authorization. 3.8 When, at the request of the supervisor in charge, an employee reports for prearranged work: On work days outside of his/her regular work hours he/she shall be paid overtime compensation for actual work time in connection therewith, provided however, that if any such employee continues to work into or beyond his/her regular work hours he/she shall be paid overtime compensation only for actual work time up to his regular work hours. 2. On non -work days or on holidays he/she shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this section prearranged notice has been given by the end of his/her preceding work period on a work day. 3.9 Subject to the following limitations, any employee eligible for overtime pay may choose to accept compensatory time off (CTO) in lieu of cash compensation for earned overtime. CTO will be granted at the applicable overtime rate for each how of overtime earned. 3.10 The maximum accumulation of CTO at any time shall be limited to 240 straight time hours, but will be reduced to 120 hours. and paid at the current hourly rate of pay in the first full pay period in January of each year. The employee may request to reduce his/her accumulation to an amount below the mandatory reduction to 120 hours. In addition, an employee may request pay off of any portion of his compensation on the first of April, July and October. 3 CITY OF LOD] AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS— MOU 2003-2005 3.11 An employee shall decide whether earned overtime will be recorded as overtime, CTO, or an equivalent combination prior to submission of their next time card. Such decision shall be irrevocable subsequent to the submission of the time card. 3.12 An employee's request to use accumulated CTO shall be granted at the sole discretion of the department supervisor with due consideration to both the wishes of the employee and the efficient conduct of City business. Two working days notice is required. However, if the supervisor feels the workload is such that shorter notice is acceptable, he/she may grant CTO accordingly. ARTICLE IV - SALARY 4.1 The first pay period in which January 1, 2003 falls, all classifications shall receive an equity adjustment as shown in Schedule A. Effective the first pay period in which January 1, 2004 falls, all classifications shall receive an equity adjustment as shown in Schedule B. The cost of living increase that is to be received on this date will be added to the amounts shown on Schedule B. 4.2 Effective the pay period in which July 1, 2003 falls, employees will receive a cost of living adjustment based upon the consumer price index (CPI -W), San Francisco —Oakland -San Jose. The increase will be no less than 2% and no greater than 4% and calculated using the most recent twelve month average that is available and issued by the Department of Labor as of June 15, 2003. Effective the pay period in which January 1, 2004 and 2005 occur, cost of living adjustments will be adjusted using the same methodology and a reference date of December 151'. 4.3 The City of Lodi intends to establish an apprenticeship program in the Electric Utility Department during the term of this MOU. 4.4 A Rubber Glove premium of 5% will be available for eligible linemen, foremen, and troubleshooter classifications. Eligibility will be determined by the electric department based upon industry standards. 4.5 An Operations Premium of 3% will be applied to Operators for all hours worked during swing or graveyard shifts. ARTICLE V - STANDBY DUTY 5.1 Employees assigned to standby duty for emergency calls shall receive straight time pay for each standby period as follows: On work days On non -work days 4 Other Employees Qperators, 3 hours 2 hours 4 hours 2 hours CITY OF LOD] AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 On observed holidays 8 hours 4 hours December 24 (When Observed) 5 hours 3 hours In addition to the "Standby Duty Pay" (above) the employee on standby shall be paid at the rate of one & one half times the straight time rate of pay for time worked on emergency calls. The first call -out will be paid at two hours minimum at the overtime rate. Subsequent calls will be paid for actual time worked at the overtime rate. The time worked in excess of 12 consecutive hours and continuing until the employee is dismissed from such work shall be paid at the rate of two times the employee's straight time rate of pay. STANDBY OPERATOR/TWO SHIFT PLAN: The Standby Operator will be the swing -shift operator, going off duty at 2215 hours. This duty will begin at the end of the first day worked on swing shift (2215 hours) and will continue to the day shift following the last day worked on the swing shift (0630), for a period of 8.25 hours per day. Holiday standby shall be the 8.25 hours preceding the day shift of the holiday. STANDBY TROUBLESHOOTER The Standby Troubleshooter will be the swing -shift troubleshooter, going off duty at 1800 hours. This duty will begin at the end of the first day worked on swing shift (1800 hours) and will continue to the day shift following the last day worked on the swing shift (0700 hours), for a period of 13 hours per day. Holiday 'standby shall be the 24 hours starting at 0700 hours on the day of the holiday and continuing to 0700 hours on the day after the holiday. The Standby Operator and Troubleshooter will be provided pagers operable by the answering service. 5.2 Employees assigned to standby duty (example: the Trouble Truck) on an observed holiday shall receive eight hours straight time pay for that day in addition to the regular holiday pay. Time worked on an emergency call shall be paid at the rate of one and one half times the straight time rate of pay with a minimum of two hours (there will be no offset on standby pay), subsequent calls will be paid for actual time worked. 5.3 If an employee assigned to standby duty is called for emergency work more than once in a twenty-four hour period from midnight to midnight, minimum overtime compensation shall be paid only for the first call outside of such employee's regular work hours on work days or at any time on his/her non -work days; for subsequent calls overtime compensation shall be paid for his/her actual work as herein provided. For the purpose of this section, concurrent calls or successive calls without a break in work time shall be considered as a single call. If by reason of a call an employee works less than two hours and into his/her regular work hours such call shall not be considered as a first call for the purpose of the minimum overtime compensation. 5 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003-2005 ARTICLE VI - TEMPORARY UPGRADE 6.1 The City of Lodi and the IBEW mutually agree that any Electric Utility Department employee temporarily assigned to a higher classification than their regular classification shall receive a 10% wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the "E" step of the classification to which the employee is temporarily upgraded. This provision shall only apply when such time worked is more than four hours cumulative during an eight-hour period. 6.2 When, in accordance with Section 6.1 above, the City requests members of a line crew to temporarily replace their foreman/forewoman and all members of the crew refuse to accept the assignment, the City reserves the right to send these crew members home without pay, if in the City's judgment, their safety or the satisfactory completion of their work depends upon supervision by a qualified individual assuming foreman/forewoman responsibilities. Normal crew work would resume when the City deems that adequate supervision is available. 6.3 In the event a person is upgraded in a two-man crew situation the employee will receive a 5% premium for all such time worked in excess of four hours during the normal work day. ARTICLE VII - TOOLS AND UNIFORMS 7.1 The City and the IBEW mutually agree that the City will supply necessary tools and equipment for employees in accordance with the following procedure. Consistent with the needs of the employee as related to his/her job classification, and to aid the employee in the performance of his/her work in a safe and efficient manner, the City will provide the following list of basic hand tools, work gloves and equipment: Skinning knife Utility bag Safety glasses Work gloves Ruler, 6', wood Rubber boots Pliers, side cut Hammer, claw Rain gear Screwdriver, 10" Wrench, adjustable 12" Wrench, adjustable 8" or 10" Safety strap Adjustable (pump) pliers 10" 7.2 In addition, the City will provide a boot allowance of $250.00_per Calendar year t0 all Lineman/Linewoman, Line Foreman/Line Forewoman and Troubleshooter. In addition, the City shall provide a boot allowance of $150.00 per calendar year to all Electricians, Electrical Technicians, Metering Technicians and Metering Electricians_ This amount to be paid quarterly as part of regular pay check. 7.3 The above tools will be furriished in accordance with the following controls: 3 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003 - 2005 Each employee will be responsible for the care, preservation and proper use of tools and .equipment issued to him/her. Tools and equipment lost or damaged through improper use will be replaced at the employee's expense. All unsafe, broken or worn out tools will be replaced on an exchange basis. The City will provide each employee with three pairs of gloves per fiscal year. 7.4 The City shall provide uniforms and laundry service for all field employees that conform to regulatory standards. ARTICLE VIII - TUITION REIMBURSEMENT 8.1 The City shall provide reimbursement for tuition costs, up to a maximum of $1,804 per fiscal year, to be paid upon the satisfactory completion of course work. The full cost of books for these same courses will also be provided 8.2 The maximum amount reimbursed is based on fees for two courses of study at California State University, Sacramento. This maximum amount will be updated annually. A fiscal year is the period between July 1 and July 30. The final date of class shall determine the fiscal year in which that course falls. 8.3 This section will be applied toward registration fees at an accredited college or university. Course work must be part of a program of study towards obtaining an Associate of Arts, Bachelors' or any higher degree. 8.4 The City will pay all cost of license fees, physicals and training required for licenses and permits. 7 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS- MOU 2003-2005 Chapter 2. Leaves ARTICLE IX - CATASTROPHE BANK 9.1 The City of Lodi agrees to create a catastrophe bank for all unit members who by reason of verifiable long tern illness or injury exhaust all employee benefits. This bank will be funded by voluntary transfers of the dollar value of accumulated compensatory time, vacation and/or other time accumulated by the member. The Catastrophe Bank will be administered in accordance with the Administrative Policy and Procedure Manual, Catastrophe Leave Policy and Procedure dated January 23, 2003. Employees are eligible to use the bank for industrial injury in accordance with this policy. ARTICLE X - FUNERAL LEAVE 10.1 A permanent employee will be permitted to use sick leave, vacation leave or compensatory time off 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, but not to exceed three working days. The immediate family shall be limited to an employee's: spouse parent grandparent grandparent -in-law parent -in-law child grandchild son-in-law daughter-in-law stepchild brother sister 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. 10.2 A permanent employee will be permitted to 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, but not to exceed one day. CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003 - 2005 ARTICLE XI - HOLIDAYS 11.1 Members of this unit will observe the following holidays: New Year's Day January 1 Martin Luther King Day 3'd Monday in January Memorial Day 4th Monday in May Independence Day July 4 Labor Day 1 st Monday in September Thanksgiving Day 4th Thursday in November Day After Thanksgiving Friday after the 4L" Thursday in Nov. Christmas December 25 If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls on Sunday, the succeeding Monday shall be observed. In addition, if Christmas falls on Wednesday, Thursday, or Friday, members shall have an additional one-half day off on December 24th. Should Christmas Dav fall on Tuesday, December 24th shall be observed as a holiday. In addition, each employee will be granted five days of holiday leave to be taken off at a time mutually agreed upon between the.employee and the Department Head. Holiday leave shall be taken during the calendar year. 11.2 Employees hired mid -year shall be credited with the remaining fixed holidays in the calendar year, plus one additional holiday for each seventy-five days remaining in the year. Employees separating from service mid -year shall have the remaining fixed holidays in the calendar year plus one additional holiday for each seventy-five calendar days remaining in the year deducted from their holiday leave balances. 11.3 The City agrees to make cash payment at rate of two times the regular rate of pay for holiday work in addition to straight time holiday pay for any employee regularly scheduled to work a holiday. ARTicLE XII - LEAVE OF ABSENCE 12.1 The City and the 113EW mutually agree that inability to return to work after an employees sick leave has been exhausted will be considered an urgent and substantial reason for the granting of a leave of absence in accordance with Rule IX, Section 3, Rules for Personnel Administration, City of Lodi, California. 12.2 The City interprets this Section as providing that the conditions under which an employee will be restored to employment on the termination of leave of absence shall be stated as clearly as possible at the time by the City in conjunction with the granting of the leave of absence. The E CITY OF LOD] AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 City reaffirms its policy that an employee's status as a permanent employee is not impaired by such leave of absence. ARTICLE XIII - SICK LEAVE 13.1 Full-time employees will accumulate sick leave with pay at the rate of 3.70 hours per pay period. 13.2 Sick leave may be accumulated up to an unlimited amount. ARTICLE XIV - VACATION 14.1 Vacation Leave shall be accrued as follows: 14.2 Vacations may be taken provided the following conditions are met: 1. there are no major scheduling problems in the judgment of the City; 2. a request is made at least forty-eight hours in advance; and 3. transportation to and from job site are the responsibility of the individual employee. 14.3 During the first continuous twelve months of employment, vacation days shall be earned but may not be taken. An employee who terminates employment for any reason during the first twelve months of employment shall be entitled to a payoff for vacation hours earned. 14.4 Vacation leave may not be carried over to the next calendar year in excess of the amount earned in a calendar year unless authorized by the City Manager. 14.5 All persons hired after January 1, 1995 shall only accrue a maximum of 6.16 hours of vacation per pay period. 10 Hours Per Pay Period 0 through 5 years: 3.08 (10 days per year) 6 through 11 years: 4.62 (15 days per year) 12 through 14 years: 5.24 (17 days per year) 15 through 20 years: 6.16 (20 days per year) 21st year: 6.47 (21 days per year) 22nd year: 6.78 (22 days per year) 23rd year: 7.09 (23 days per year) 24th year: 7.40 (24 days per year) 25th year & Over: 7.71 (25 days per year) 14.2 Vacations may be taken provided the following conditions are met: 1. there are no major scheduling problems in the judgment of the City; 2. a request is made at least forty-eight hours in advance; and 3. transportation to and from job site are the responsibility of the individual employee. 14.3 During the first continuous twelve months of employment, vacation days shall be earned but may not be taken. An employee who terminates employment for any reason during the first twelve months of employment shall be entitled to a payoff for vacation hours earned. 14.4 Vacation leave may not be carried over to the next calendar year in excess of the amount earned in a calendar year unless authorized by the City Manager. 14.5 All persons hired after January 1, 1995 shall only accrue a maximum of 6.16 hours of vacation per pay period. 10 CITY OF LOD1 AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 Chapter 3. Insurance and Retirement ARTICLE XV - CHIROPRACTIC COVERAGE 15.1 Chiropractic coverage, up to a maximum of $750.00, will be included in the medical insurance plan. 15.2 Notwithstanding the addition of chiropractic coverage to the medical plan, the following individuals shall continue to be allowed to receive chiropractic services from their present chiropractors and be reimbursed, in accordance with the language of the prior section 22.6. PRIOR SECTION 22.6: THE CITY SHALL REIMBURSE EMPLOYEES FOR CHIROPRACTIC CARE AND CHRONIC PHYSICAL THERAPY TO A MAXIMUM BENEFIT OF 80% OF THE FIRST $750 OF COVERED CHARGES PER FISCAL YEAR (JULY TO JULY) PER PERSON. THIS POLICY COVERS ONLY THOSE TREATMENTS THAT ARE NOT COVERED UNDER THE CITY OF LODI MEDICAL PLAN. COVERED INDIVIDUALS Brown, Rod Rees, Gail PRESENT CHIROPRACTORS Dr. Reynolds, Lodi Dr. Reynolds, Lodi 15.3 When any of such individuals changes their chiropractor or the chiropractor becomes a medical provider under the City's medical plan, they shall utilize the medical plan's list of providers and shall be subject to the terms and limitations of said plan. ARTICLE XVI - DEFERRED COMPENSATION 16.1 A deferred compensation program whereby all employees may contribute a minimum 2 1/2% to the program to augment their retirement. The City agrees to match an employee's 2 1/2% contribution to the Deferred Compensation Program. Effective the pay period in which January 1, 2004 falls, the City agrees to match up to an employee's 3% contribution to the Deferred Compensation Program. ARTICLE XVII - DENTAL INSURANCE 17.1 The City will provide the level of dental benefits described in Delta Premier Plan summary and pay 100% of the premiums for all eligible employees and their dependents for the terns of this agreement. This benefit has a $1,000 per calendar year maximum benefit per person. 11 CITY OF LOD] AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003 - 2005 ARTICLE XVIII - LIFE INSURANCE 18.1 A life insurance program providing for two times annual salary to a maximum of $250,000. Said benefits will reduce with age according to the reduction schedule of the life insurance carrier. Coverage for dependents will also be provided according to the schedule available from the carrier. This insurance is only applicable to active employees. 18.2 The City agrees to pay the employee's premiums for the above mentioned life insurance program. ARTICLE XIX - LONG TERM DISABILITY 19.1 A long-term disability program which, coordinated with other disability benefits will provide a benefit equal to the sum of: 19.2 Monthly LTD Benefit Amounts would be: ➢ 66 2/3 of your basic monthly earnings ➢ To a maximum of $10,000 per month 19.3 In some instances based on the determined date of disability, your approved LTD benefit may be governed by the terms of the previous policy: ➢ Two-thirds of the first $3,000 of monthly gross salary ($2,000) plus ➢ One half of the next $2,000 of monthly gross salary ($1,000) ➢ The total monthly benefit cannot exceed ($3,000) 19.4 This program to commence 120 days from the date of disability pursuant to the City's long- term disability policy. The City agrees to pay the employee's medical, dental, and vision insurance premiums during this 120 -day period. 19.5 The City agrees to pay the employee's premiums for the above mentioned long-term disability program. ARTICLE XX - MEDICAL INSURANCE 20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan available in Lodi through Ca1PERS and the parties shall meet and confer on a replacement plan offering such an equivalent level of benefits. Except as modified by section 20.2, the City of Lodi shall pay the entire medical premium for employee's and families not to exceed the cost of the highest HMO available within the City of Lodi through Ca1PERS. 20.2 Effective as soon as administratively possible, employees with one dependent on their medical planwill contribute $80.00 per month towards their medical premium. Employees with more 12 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 than one dependent on their medical plan will contribute $104.00 per month towards their medical premium. The City will pay all increases in premiums for employees and their dependents for the term of this agreement. 20.3 Those employees who do not provide coverage for dependents will receive an additional $25.00 per pay period contribution from the City to the Deferred Compensation Plan. Those employees who do not elect any coverage will receive an additional $71.15 per pay period into their Deferred Compensation Plan. 20.4 Employees shall be eligible for medical insurance the first day of the month next following the date the employee becomes a full-time regular employee of the City. 20.5 Only one family member may carry employee and dependent coverage of City sponsored medical insurance. The City will reimburse the employee for co-insurance payments on a quarterly basis. 20.6 During term of MOU, the City and IBEW will meet and confer over whether to adopt a cafeteria plan, and if so, then over its terms. It is the City's intent to examine on a city-wide basis possible adoption of a cafeteria plan. Meeting over this issue may be conducted between the City and a coalition of City bargaining units, including the IBEW. In absence of mutual agreement, the current terns of this MOU will remain in effect. ARTICLE XM - RETIREMENT 21.1 The City will provide the Ca1PERS retirement plan -commonly known as the "2% at 55 ". Said plan shall include the following additional benefits: Improved Non -Industrial Disability Allowance(Section 21427). Benefits which provide under PERS a 30% benefit after five years of service, increasing to a maximum 50% benefit. Third Level 1959 Survivor benefits (Section 21573) Post Retirement Survivor Allowance (Section 21624) Credit for Unused Sick Leave (Section 20965) Military Service Credit as Public Service (Section 21024) 21.2 The City will pay all of the employer's contribution. 21.3 The City will pay into the employee's PERS account 7% of base salary. 13 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 21.4 During the term of this agreement, the City agrees to meet and confer with the IBEW if and when the representatives for all affected bargaining units covered by the City's miscellaneous plan reach consensus to pay for the City's increased costs associated with any CalPERS plan amendments. 21.5 The City agrees to provide an exit meeting for employees who will be retiring. This meeting will be scheduled after the employee provides a 30 -day notice to Human Resources of the employees intent to retire. The exit meeting will discuss health benefit options (COBRA), sick leave conversion (if applicable), information on obtaining CaIPERS benefit estimates; service and disability retirements, employee association options, and any other benefits the employee is entitled to. ARTICLE XXII - SICK LEAVE CONVERSION 22.1 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) on the following basis: 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. For each year that an employee has been employed in excess of 10 years, 2 1/2% will be added to the 50% for valuing the size of the bank. Robert Smith retires with 20 years service and 1800 hours of unused sick leave. His monthly salary is $3,882.72 (24.64 per hour). 1800 X .75 X $24.64 = $33,264.00 This amount will be reduced each month by the current premium for the employee and dependent until the balance is gone. In the event the retiree dies, the remaining bank will be reduced by 50% and the survivor may use the bank until the balance is gone. 22.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving dependents have an interest in one-half of the value of the bank as calculated in section 22.1. In accordance with the sick leave conversion provisions, a surviving spouse may, at his/her own expense, continue medical insurance at the employee only premium. 22.3 A surviving spouse of an unvested employee may, at his/her own expense, continue to purchase medical insurance at the appropriate rate for a period of time equal to the time the employee worked for the City. 22.4 A retired employee may choose to receive a cash settlement for unused sick leave at the rates 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. 14 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003 - 2005 22.5 Represented employees who retire on a service retirement shall have the option of purchasing, at the employee's cost, additional medical insurance for the employee and his/her spouse sufficient to reach age 65. 22.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 22.1. 22.7 The City agrees to modify its contract with PERS to add credit for unused sick leave per Government Code Section 20868.8. This benefit is available to all employees regardless of date hired; however, it is the only sick leave conversion benefit available to employees hired after January 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 Section 22.1, the City will report they have zero hours of unused sick leave. 22.8 Effective September 1,1998: Delete last sentence of 22.7 2. Add "Employees who are eligible, may, for any of the three options in this section, utilize one or any combination of options provided that the total amount of hours used does not exceed the amount of sick leave hours accumulated at the time of employee's retirement." ARTICLE XXIII - VISION INSURANCE 23.1 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 to be paid by City. 15 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 Chapter 4. Safety ARTICLE XXW - SAFETY 24.1 The City reaffirms its desire and aim to provide a safe place of employment for its employees and shall continue to take all reasonable steps to insure this, such steps to include but not be limited to: 1. conducting frequent inspections of job site operations; 2. taking necessary steps to protect against job hazards, both unsafe physical conditions, including methods and processes, and unsafe actions of people; 3. continuing "tailgate" safety meetings on all jobs for the purpose of briefing employees on the hazards connected with the work to be performed, to plan work and to emphasize safety in the performance of the work; 4. continuing periodic safety meetings for the purpose of discussing matters related to safety and to provide an opportunity for first aid training. 5. continued management cooperation in the preparation of the agenda for such meetings. 24.2 The MEW will cooperate with the City in providing speakers and materials for safety meetings. 24.3 The Electric Utility Department shall hold safety meetings for all employees at least once a quarter. Where it is unreasonable to bring all employees together at one time, these meetings may be by sections. If because of shift work some personnel cannot participate even in section meetings, they shall be given copies of the minutes of appropriate meetings. 24.4 Each employee shall be provided with on-the-job training first aid. This program shall include refresher training at 3 -year intervals. 24.5 Semiannual safety inspections shall be made of facilities, tools, and work areas by a committee including at Ieast three non -supervisory hourly employees appointed by the Electric Utility Superintendent after consultation with the IBEW. The committee shall be free to schedule its own inspections but must report at each quarterly safety meeting. When necessary for the safety of the committee or to explain technical problems in safety, a supervisor may be named to accompany the committee, but he/she is not to influence its findings. 24.6 The City, through its supervisors, shall act promptly to correct any unsafe conditions that may be reported by the committee. 16 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003-2005 24.7 The City agrees to provide safety glasses up to a maximum cost of $251.00 per pair as required. A maximum of two pair of safety glasses will be provided by the City during employment except as indicated in sections 24.9.2 and 24.10 below. 24.8 All prescription safety glasses shall be purchased or serviced within the City of Lodi. Employees shall have their choice of any local optometrist. The employee shall pay directly to the optometrist any fees for prescription examination or related extra charges. 24.9 Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows: 1. If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City. 2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement. 3. If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary. 3. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 24.10 The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employee's payroll check after a determination of cost has been made by the City: 1. Where the city would be required to replace issued safety glasses due to abuse by the employee. 2. Failure on the part of an applicable employee to wear or utilize issued safety glasses unless otherwise agreed to in writing. 3. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service. Chapter 5. Work Hours, Schedules, Meals ARTICLE XXV - HOURS 17 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 25.1 The City and the IBEW mutually agree that the regular hours of work for line crew personnel shall be 7:00 a.m. to 12:00 Noon, and 12:30 p.m. to 3:30 p.m., and the regular work days shall be Monday through Friday with Saturday and Sunday being non -work days. The lunch hour may be commenced at any time between the fourth and sixth work hour. 25.2 All eight hour work periods regularly scheduled to begin at 4 a.m. or thereafter but before 12 o'clock noon shall be designated as day shifts. All eight hour work periods regularly scheduled to begin at 12 o'clock noon or thereafter but before 8 p.m. shall be designated as swing shifts. All eight hour work periods regularly scheduled to begin at 8 p.m. or thereafter but before 4 a.m. shall be designated as graveyard shifts. 25.3 By mutual agreement of both parties alternate work schedules may be developed. ARTICLE XXW - INCLEMENT WEATHER 26.1 The City will not require work on electric lines or outdoor substations (other than operating functions) in inclement weather, except in cases of emergencies. When employees are prohibited from performing their regular duties because of inclement weather, the City will provide work which can be performed under protection from the weather. Emergencies shall be deemed situations requiring work to prevent risk to life or property or to maintain or restore continuity of regular service to the public. ARTICLE XXVII - MEALS 27.1 When the City requires an employee to perform non -prearranged work on a work day beginning more than one hour prior to the start of the normal work day, the City will provide such employee with a meal allowance. Such meal allowance shall be considered implemented two hours after reporting to work. The City shall continue to provide meal allowances at four- hour intervals until the first such meal :allowance falls within the normal work day, then only one subsequent meal allowance shall be allowed. The time taken to consume such meal shall be at the City's expense, except the second meal allowance during the work day (regular work mode). When the City requires an employee to perform non -prearranged work on a work day extending the normal work day by two or more hours, the City will provide such employee with a meal allowance at the two -how point. The City shall continue to provide meal allowances at four- hour intervals until the employee is dismissed from work. The time taken to consume any such meal shall be at the City's expense. 27.2 When the City requires an employee to perform non -prearranged work on non -work days, the City will provide meal allowances at intervals of four hours. The first meal allowance shall be four hours after the employee reports to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal allowance shall be two hours after 18 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 reporting for work and at four-hour intervals thereafter. The time taken to consume any meal shall be at the City's expense. 27.3 When an employee is required to perform prearranged work on non -work days during regular work hours, the employee shall observe the lunch arrangements which prevail on the normal work days. If such work continues after regular work hours, the City shall provide meal allowances in accordance with the provisions of Section 27.1. 27.4 If the City requires an employee to perform prearranged work starting two or more hours 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. The City shall provide meal allowances for 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 therefore and the usual practice relating to lunch periods on work days shall prevail. The usual times, therefore, shall be 6:00 a.m. - 12:00 noon - 6:30 p.m. 27.5 If the City requires an employee to perform prearranged work starting two or more hours before regular work hours on a work day and such work is completed less than one hour prior to the beginning of the normal work day, the City shall provide a meal allowance. The time taken to consume any such meal shall be at the bty's expense. 27.6 If the City requires a Troubleshooter to work four or more consecutive hours during a standby period the City shall provide a meal allowance. The City shall provide meal allowance(s) to the Troubleshooter during the week of standby duty as follows: On a Normal Workday The break between the completed work (call -out) and the beginning of the workday is less than one (1) hour. 2. The work (call -out) is continuous and extends the workday by more than two (2) hours. On Standby A Trouble shooter in standby mode shall not receive compensation for the time taken to eat any meal, normal workday compensation excluded. 27.7 The meal allowance shall be $15.00. M CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 27.8 For the purpose of this section prearranged work shall mean that the employee was notified of the work prior to the end of the preceding work day. 27.9 During the term of the MOU, the City and IBEW will meet and confer over Article XXVII. Meals. ARTICLE XXVIII - TROUBLE TRUCK 28.1 SHIFT SCHEDULES The service truck (trouble truck) will normally be staffed with Troubleshooters on a rotational shift basis. One of two shift schedules can be utilized based on the needs of the department (see attached schedules). Each schedule has an 'early shift' with working hours between 0700-1530 hours and a'late shift` with work hours shifted a maximum 2.5 hours to 0930-1800 hours. Both shifts have one-half hour lunch periods included. Schedule A runs Monday through Friday for all three shifts with the 'late shift' being on standby duty outside the normal work hours. Schedule B runs Monday through Friday for two shifts and Tuesday through Saturday for the third shift with the late shift being on standby duty outside normal work hours. The work hours on Saturday can be shifted to 0700-1530 hours by mutual consent between all Troubleshooters and the Electric Utility Director. 28.2 ELIGIBILITY To be eligible and to remain eligible for the position of Troubleshooter, the employee must be able to respond to the center of Lodi (City Hall) within 20 minutes following receipt of a call for service. 28.3 SCHEDULED LEAVE Scheduled leave will only be authorized for one Troubleshooter at any one time, except for a hardship case. Scheduled leave is defined to begin and end at the beginning of the normal workday and be based on the dates shown on the Request for Leave form. 28.4 RELIEF If the Troubleshooter scheduled for late shift and/or standby duty is unable to report for work, the Troubleshooter scheduled to work the following 'late shift' shall cover the shift or parts thereof by shifting work hours to the 'late shift' schedule. In the event the Troubleshooter "scheduled to work the following 'late shift';' as used in the above relief procedure, is unable to cover the shift or parts thereof, the Troubleshooter scheduled to work the preceding'late shift' shall cover the shift or parts thereof. 20 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 If no Troubleshooters are available for any shift, the City shall offer the shift or parts thereof to Linemen/Linewomen that meet the eligibility requirements of 20 minutes response time and is at the E Step pay and in accordance with the established call -out procedure, i.e. least overtime first. Special Condition: B Schedule, Saturday If the Troubleshooter scheduled for work on Saturday is unable to report for work, work will not be performed. The Troubleshooter scheduled to work the following 'late shift' will have standby duty all Saturday. ARTICLE XXIX - UTILITY SERVICES OPERATOR RELIEF PROCEDURE THREE -SHIFT PLAN 29.1 Requests for leave, other than emergency, shall be submitted for approval a minimum of five working days prior to the first day of the requested leave. The shift of the operator on leave shall be filled as follows: A. Full Shift(s) The Relief Operator will resume the operator's shift(s) on the operator's first "Regular Day Off' prior to the leave, and continue working the shift(s) until the last day of the operator's requested leave, i.e. last day of shift(s). At this time, the Relief Operator will assume his/her regular schedule. B. Less than a full shift, including Thursdays 1. The Relief Operator will shift his/her hours to cover the leave Monday through Friday. 2. Weekend leave (Saturday and Sunday) shall be covered by the "Regular Day Off' Utility Department Operations Division employee with the least amount of accumulated overtime in that pay year at the time of the request. If an employee declines to work the shift(s), it shall be counted as a shift(s) worked for overtime record purposes. The Operations Supervisor will keep a record of all overtime hours on a pay year basis. WHEN THE OVERTME TOTALS ARE THE SAME FOR THE TWO EMPLOYEES TO BE CALLED, IT SHALL BE "LAST WORKED, LAST CALLED." C. Thursday "day shift" shall be covered in the following manner when the Relief Operator is unable to cover this shift. 1. The Operator working day shift the previous Wednesday. 2. The "Regular Day Off' Operator scheduled to work day shift on the following Friday. 21 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003-2005 D. In the event the shift(s) cannot be covered as described above, the following order will be used. Operators having adjacent shifts will split the shift, thus each working 12 hours. One operator will work the entire shift, thus working 16 hours. The Electric Utility Director or his/her designated representative will appoint someone deemed qualified by him/her to work the shift. 29.2 The procedure by which the Utility Services Operator position will be staffed in those instances when the scheduled Operator is unable to report for work because of illness or injury, or otherwise absent, shall be as follows: A. When it is necessary for this position to be filled by other than the regularly scheduled operator and such necessity arises on Monday, Tuesday, Wednesday or Friday day (6:30 a.m. to 2:30 p.m.), the Relief Operator, unless working a rotating shift, shall be called first to fill such a vacancy. If he/she is not available, the vacancy shall be filled as outlined in Section B. B. When it is necessary for this position to be filled by other than the regularly scheduled operator and such necessity arises at any other time in Section A, it shall be filled in the following order: 1. The "Regular Day Off' Utility Department Operations Division employee with the least amount of accumulated overtime in that pay year shall be called first to fill such vacancy. 2. If a "Regular Day Off' employee is not available, the two duty operators before and after the shift in question may split said shifts, thus each working 12 hours. 3. If one duty operator declines to split the shift in question; the other operator may work two consecutive shifts (16 hours). 4. If the duty operator declines to work all or any part of the shift in question, the Relief Operator shall be called. 5. If all or part of the shift in question cannot be filled as set forth above, the Electric Utility Director or his/her designated representative shall have the right to call in any other Electric Utility Department employee deemed qualified by him/her to serve in such capacity. C. When it becomes necessary to change a Utility Services Operator or Relief Operator from one shift to another, with less than 12 hours off between shifts, the employee shall be compensated at the overtime rate for that period worked within the 12 -hour interval following the end of his/her preceding regularly scheduled shift. D. When the overtime totals are the same for the two employees to be called, it shall be "last worked, last called". 22 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 The Operations Supervisor shall keep a record of overtime worked. Access to this record shall be made available to all division personnel. Note: Regular Scheduled Work On A Holiday Shall Not Be Considered As Overtime For The Purpose Of Computing Accumulated Overtime. ARTICLE XXVI - UTILITY SERVICES OPERATOR ]RELIEF PROCEDURE 'I vo-SHin PLAN 30.1 SCHEDULED LEAVE Request for leave, other than emergency, shall be submitted for approval a minimum of five working days prior to the first day of the requested leave. The shift of the Operator on leave shall be filled as follows: A. Full Shift The Relief Operator will assume the Operator's shift(s) on the Operator's first "Regular Day Off' prior to. the leave, and continue working the shift(s) until the last day of the Operator(s) requested leave, i.e. last day of shift(s). At this time, the Relief Operator will assume his/her regular schedule. NOTE: When the Relief Operator is covering a full "Day Shift", the Operator scheduled to work Friday "Day Shift" shall become the duty operator. The Relief Operator will perform his/her normal duties form 0630 to 1430 hours. B. Less than a full shift, excluding Friday: 1. The Relief Operator will shift his/her hours to cover the leave Monday through Thursday. 2. Weekend Leave (Saturday and Sunday). The Relief Operator will shift his/her hours to cover the leave by taking off the preceding Thursday and Friday. 3. Saturday Leave. The Relief Operator will cover the shift and take off the preceding Monday. Note: Saturday leave requires ten days advance request, or as mutually agreeable to both parties involved. 4. Sunday Leave. The Relief Operator will cover the shift and take the preceding Friday off. Note: The two Operators scheduled to work Friday "Day Shift" shall be referred to as follows: 23 CITY OF LOD] AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003-2005 First Operator Second Operator The Operator beginning the "Day Shift". The Operator finishing the "Day Shift". On Fridays, without any leave, the "Second Operator" shall be the Duty Operator. C. Friday Shift: 1. "Day Shift" shall be covered by the "First Operator" in the event the "Second Operator" is unable to cover the shift. 2. "Swing Shift" shall be covered by the Relief Operator by shifting his/her schedule. D. In the event the shift(s) cannot be covered as described above, the following order will be used: 1. All week, excluding Friday. The "Regular Day Off' Operator will cover the shift. 2. One Operator will work the entire shift, thus working 15.75 hours. 3. Electric Utility Director or his/her designated representative will appoint someone deemed qualified by him/her to work the shift. 30.2 Emergency Leave A. The procedure by which the Utility Services Operator position will be staffed, when the scheduled operator is unable to report to work, shall be as follows. 1. Day and Swing Shifts - excluding day shift, Monday through Friday. a. If the Swing Shift Operator reports "unable to cover shift" at the beginning of the same days' shift, the Relief Operator, if available, shall change his/her hours to cover the Swing Shift at the straight time rate of pay. If the Relief Operator has reported to work for the normal workday or has left home for work, he/she will be dismissed until the beginning of the Swing Shift and be compensated four hours at the straight time rate of pay. b. "Regular day off' Operator. c. Operator scheduled to work the adjacent shift (thus working 15.75 hours). 24 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 2. Day Shift - Monday through Thursday: a. Relief Operator (time worked between the hours of 0630 to 0700 will be considered a call out - i.e. two hours at two times the straight time rate of pay. The employee does not qualify for meals and is dismissed at 1530 hours). b. "Regular day off' Operator. c. "Swing shift" Operator. 3. Day Shift - Friday: a. "First Operator" shall be the Duty Operator. b. Relief Operator. c. "Swing shift" Operator. 4. If all or part of the shift cannot be filled as set forth above, the Electric Utility Director, or his/her designated representative, shall have the right to call in any Electric Utility Department employee deemed qualified by him/her. Extended Leave B. The Relief Operator begins the Operator's schedule immediately. He/she leaves the schedule after completing 40 hours work, at straight pay, in the pay period the regular scheduled operator has returned to duty. C. The Operator on emergency leave should notify the Operations Supervisor in advance (preferably eight hours or more) of the shift he/she plans to return to duty. 30.3 When it becomes necessary to change a Utility Services Operator or Relief Operator from one shift to another, with less than 12 hours off between shifts, the employee shall be compensated at the overtime rate for that period worked within the 12 -hour interval following the end of his/her preceding regularly scheduled shift. 30.4 Any Operations Division employee required to change his/her work schedule with less than 24 hours prior notice shall be compensated at two times the straight time rate of pay for any portion worked within that 24-hour period. Such period to be determined from the time notification was first received. 30.5 An employee on leave (e.g., vacation leave, sick leave, holiday leave, etc.) but not on regular day off, is considered unavailable for relief duty. 25 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 ARTICLE XXM - UTILITY SERVICES OPERATOR PROCEDURE TWO -SHIFT PLAN 31.1 Phone calls on line 368-5735 under normal conditions, will be answered by an answering service during the time period 2215-0630 hours. The answering service will dispatch a troubleshooter to the scene and he/she will investigate the problem. If the Troubleshooter determines that an Operator is necessary, he/she will contact the answering service and request that the Standby Operator be called. The Troubleshooter will be in radio contact with the answering service at all times. In addition, the Troubleshooter will be provided a pager which the answering service can operate. Once the Standby Operator arrives at the Operations Center, he/she will contact the answering service and report "on -duty." At this point, all established operating procedures take effect, i.e. Operator requests additional people, conducts switching, prepares service tickets, maintains system log, etc. The Operator will remain on duty until the system is back in a "normal" status, before control again is turned over to the answering service. The Troubleshooter will record "time called" and "time back home" on all calls in the time period 2215-0630 hours. This information is to be given to Operations the following morning, for preparation of proper service tickets, etc. A no -power call dispatched by the answering service and investigated by the Troubleshooter, found to be an "SNP", will be turned on by the Troubleshooter. This action will be reported to the Finance Department the following work -day morning. Alarms will be grouped as electric, water, storm, intrusion and White Slough (2). These alarms will go to the answering service. The answering service will call out appropriate personnel, based on a call -out list provided by the respective departments. An intrusion alarm at the Operations Center shall be reported to the Police Department followed by the Standby Operator. In the event any of the alarms to the answering service, except the White Slough alarms, are out of order at 2215 hours, the swing -shin Operator will remain on duty. The Operator will likewise remain on duty until all trouble calls are completed, alarms cleared and the system is in a "normal' status, before transferring control to the answering service. When transferring control to the Operator, the answering service will advise as to current status. 31.2 When a holiday, real or observed, falls on a Friday, the day -shift shall be covered by the Second Operator at the overtime rate. The First Operator will take the day off as a holiday. See Section 30.1BA for the definition of the first and second operator. CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 Chapter 6. Association/City Issues ARTICLE XXXII - CHANGES IN MEMORANDUM OF UNDERSTANDING 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 were also modified by statute, applicable regulation or order of court or agreement of the parties. 32.2 In the event that a court of competent jurisdiction declares invalid or unenforceable any provision of this MOU, the remaining provisions shall continue in full force and effect. ARTICLE XXXIII - CITY RIGHTS 33.1 It is further understood and agreed between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include, but are not limited to the exclusive rights: to determine the mission of its constituent departments, commissions and boards; to set standards of service; to determine the procedures and standards of selection for employment; to direct its employees; to maintain the efficiency of governmental operations; to determine the methods, means and personnel by which government operations are to be conducted; to take all necessary actions to carry out its mission in emergencies; and to exercise complete control and discretion and 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 control of job classifications; provided, however, that the exercise by the City of the rights in this paragraph 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 terms and conditions of employment. 27 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 ARTICLE XXXIV - DEMOTION AND LAYOFF 34.1 The City and the IBEW mutually agree that when involuntary demotion and/or layoff is required, the following shall be observed: The City will give permanent employees involved as much notice as possible, but in no event will such employees be given less than one pay period notice of layoff. When probationary employees are to be laid off, no notice of layoff is required. Layoff in all cases due to lack of work will be determined by an employee's length of service. An employee whose job is being eliminated may elect to displace an employee in a lower classification, if he/she is deemed by the City to be qualified to perform the duties of the lower classification, and if his/her length of service is greater than that of the employee in the lower classification. In the event that a joumeyman/journeywoman displaces an apprentice, he/she shall continue to be paid as a journeyman/journeywoman. ARTICLE XXXV - DRUG AND ALCOHOL POLICY 35.1 It is the mutual desire of both parties to have and maintain a drug and alcohol free work environment. 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 International Brotherhood of Electrical Workers, Electric Utility Unit, Local 1245 (hereinafter referred to as IBEW). The parties to this MOU acknowledge and agree that this MOU constitutes the result of Meeting and Conferring in good faith as contemplated by Section 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. If the City intends to change a matter within the .scope of representation under the Meyers-Millias- Brown Act (MAMA) which is not covered by this MOU, it shall notify the IBEW. If the IBEW wishes to negotiate over such a matter, it shall notify the City within ten (10) work days of notice, and the parties shall commence negotiations within ten work days of the IBEW's notification. If the IBEW does not respond within ten work days of the City's notification, the City will have not further obligation to negotiate over the matter. 28 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 The terms and conditions of this MOU are applicable to those employees represented by IBEW. Those classifications are as follows: Construction/Maintenance Supervisor Electric Apparatus Mechanic Utility Service Operator/Relief Electrical Drafting Technician Electrical Estimator Electrical Estimator Assistant Electric Meter Technician Electric Troubleshooter Electrical Technician Electric Line Foreman/Forewoman Electric Lineman/Linewoman Metering Electrician Utility Services Operator UII Senior Electrical Estimator Electrician Utility Equipment Specialist Sr. Electric Troubleshooter The terms and conditions of this MOU are applicable to the above -enumerated classes which constitute the Unit represented by the IBEW. 36.2 The City and the IBEW mutually agree that the City shall grant dues deduction to City employees who are members of the IBEW, Local 1245, in accordance with the terms and conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled "Adopting Rules and Regulations to Implement Provisions of the Employee -Employer Relations Resolution." The IBEW shall indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City on account of check -off of said employee organization's dues. In addition, the IBEW shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. 36.3 For purposes of continued certification of Local 1245, IBEW as the recognized employee organization for this unit, employees who are members or hereafter become members shall maintain membership with Local 1245, IBEW for the life of this memorandum except that any employee may withdraw from membership not earlier than ninety (90) days nor less than sixty (60) days before the expiration of this memorandum. Such withdrawal must be in writing and delivered to the Finance Office. 36.4 Changes in the IBEW membership dues rate shall be certified to the City in writing over the signature of the Business Representative. The change will be implemented as soon as practicable, but in no event later than thirty (30) days after the notification. 29 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 36.5 The City and the IBEW 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 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 (i.e. policy manual) is controlling. 36.6 UNION SECURITY INTRODUCTION The following Agency Shop provisions shall apply to all employees represented by the Union. 2. DUES/FEES A. Any employee of the City of Lodi in a classification represented by the Union who is not on leave of absence shall, as a condition of continued employment and within ninety days 'of his/her date of hire, become a member of the Union, or pay the Union a service fee in an amount not to exceed periodic dues and general assessments of the Union. Such amounts shall be determined by the Union and implemented by the City of Lodi in the first payroll period which starts 30 days after written notice of the new amount is received by the City. B. Any employee of the City of Lodi in a classification represented by the Union who, on March 1, 2003, was an employee and was not a member of the Union on March 1, 2003, and who remains an employee continuously after March 1, 2003, is exempt from the provisions of this Article unless he or she elects to become a member of the Union or pay the service fee stipulated above. C. Any City of Lodi employees who permanently fill an IBEW-represented position after March 1, 2003, are subject to the agency shop/conscientious objector fee provisions whether or not they had been a City of Lodi employee prior to Marcb 1, 2003. D. Part-time, on-call employees are not required to join the Union or pay a representation fee. 30 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 RELIGIOUS OBJECTIONS Any employee who is a member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall not- be required to join or financially support the organization. Such employee shall, in lieu of periodic dues or agency shop fees, pay sums equal to said amounts to a non -religious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, which has been selected by the employee from the following: the Lodi Adopt -a -Child, and the Lodi House. Such payments shall be made by payroll deduction as a condition of continued exemption from the requirements of financial support to the Union and as a condition of continued employment. 4. UNION RESPONSIBILITIES A. The Union shall keep an adequate itemized record of its financial transactions and shall, by April 1 of each year, make available to the. City of Lodi, and to all bargaining unit employees, a detailed written financial report for the fiscal year ending the preceding December 31, in the form of a balance sheet and an operating statement, certified as to its accuracy by its president and the treasurer or corresponding principal officer, or by a certified public accountant. B. The Union certifies to the City of Lodi that it has adopted, implemented, and will maintain procedures in accordance with applicable statutes, any decisions by a court of competent jurisdiction, and any other applicable legal authority. The Union's duty in this regard includes verification of compliance with the Hudson notice requirements related to the fair share amount of the agency fee. C. Hold Harmless: The Union agrees to indemnify and hold the City of Lodi harmless against any and all liability including but not limited to such items as wages, damages, awards, fines, court costs, and attorney fees which may arise by reason of the result of the operation of this Article. CHANGE OF LAW In the event there is a change in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Article is rendered unlawful by any published appellate court decision, the parties hereto shall meet -and -confer 31 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 within thirty (30) days to negotiate a substitute provision which conforms to said law or court decision. 6. DISCIPLINE PROCEDURE No employee shall be terminated under this Article unless: A. The Union first has notified the employee by letter, explaining that he/she is delinquent in tendering the required service fee, or payment in lieu of service fee pursuant to subsections 2 and 3 above, specifying the current amount of the delinquency, and warning the employee that unless such service fee, or payment in lieu of service fee, is tendered within thirty (30) calendar days, the employee will be reported to the City of Lodi for termination as provided in this Article; and B. The Union has furnished the City of Lodi with written proof that the procedure of subsection 6.A, above has been followed, or has supplied the City with a copy of the letter sent to the employee and notice that he/she has not complied with the request. The Union must further provide, when requesting the City of Lodi to terminate the employee, the following written notice: "The Union certifies that (Employee's Name) has failed to tender the agency shop service fee, or payment in lieu of service fee, required as a condition of employment under this Agreement and that under the terms thereof, the City of Lodi shall tenninate the employee." ARTICLE XXXVII- - GRIEVANCE PROCEDURE 37.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein, A. Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letter of Agreement, and formal interpretations and clarifications executed by IBEW and 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. CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003 - 2005 D. Disputes which may be of a "class action" nature filed on behalf of the IBEW or the City. 37.2 Class action grievance will be in writing from the Business Representative to the City Manager or vice versa. 37.3 STEP ONE Discussion between the employee, the Shop Steward and/or Business Representative and the Division Head or designated Supervisor directly involved, who will answer within fifteen work days. This step shall be taken within thirty 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 is not resolved in the initial step, the Step Two shall be a discussion between the employee, Shop Steward and/or Business Representative and the Department Head who shall answer within fifteen work days. This step shall be taken within fifteen work days of the date of the immediate Supervisor's answer in Step One. 37.5 STEP THREE If a grievance is not resolved in the Step Two, a committee will be called to investigate the factual basis of the grievance. The committee shall consist of a representative of the City Manager, the departmental supervisor, the Department Shop Steward and Business Representative. Step Three shall be taken within fifteen work days of the date of the answer in Step Two. 37.6 STEP FOUR If a grievance is not resolved in Step Three, Step Four shall be the presentation of the grievance, in writing, by the Business Representative to the City Manager, who shall answer, in writing, within fifteen work days of receipt of the grievance. Step Four shall be taken within fifteen work days of the date of the answer in Step Three. 37.7 STEP FIVE If a grievance is not resolved by the City Manager, arbitration shall be the final step 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 calendar days of the City Manager's decision. 33 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 Within ten calendar 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 IBEW 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 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 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 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 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. 34 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 i. The arbitration hearing shall 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 the hearing. The decision shall 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. 37.8 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 37.3, 37.4, 37.5, 37.6 or 37.7 will 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. 37.9 Employees may have documents relating to absenteeism and disciplinary actions removed from their personnel files if the incident prompting the action took place twenty-four months or more previous and no incident of a similar nature has occurred in the interim. ARTICLE XXXVIII — DISCIPLINARY PROCEEDINGS 38.1 The City Manager, Department Head, or designee may take disciplinary action against an employee. 38.2 The considerations used in determining the type of disciplinary action shall be considered on a case-by-case basis. Such considerations shall include, but not be limited to : the employee's work history and performance record; the nature and severity of the infraction; degree of orientation; and any extenuating factors. 38.3 The types of disciplinary action that may be taken shall include but not be limited to oral reprimands, written reprimands, demotions, suspensions, reductions in pay and dismissal from employment. Mi CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003-2005 38.4 The City of Lodi practices a progressive disciplinary process. The process is subject, but not limited to the considerations listed in 38.2, and shall be implemented on a case-by-case basis. As a general guideline, the process of disciplinary action shall be in the following order: A. Verbal counseling or oral reprimand to determine the cause(s) or origin(s) for lacking performance, and to encourage the employee to raise/maintain performance at an acceptable level. B. Written reprimand, which, if applicable, will include the performance level the employee is expected to achieve/maintain. C. Demotion, suspension, reduction in pay, and dismissal may be used separately, concurrently, or in succession to other disciplinary actions. 38.5 A written notice shall be given to the employee of the following: A. The reasons for the disciplinary action including what rules, regulations or policies have been violated; B. The effective date(s) of the disciplinary action; and C. Any rights of appeal. 38.6 The following may be causes for disciplinary action. The purpose of specifying these causes is to alert employees to the more common types of disciplinary issues. However, this list is not all inclusive and other instances of unacceptable behavior may arise that are to be included in this list. A. Improper or unauthorized use or abuse of sick leave. B. Excessive absenteeism that prevents reasonable availability for assigned duties. C. Absence without authorized leave; repeated tardiness to assigned work station; leaving assigned work without authorization; failure to report to work after a leave of absence has expired, or after a leave has been disapproved or revoked. D. Misconduct; willful or negligent violation of the personnel rules, resolutions, and other related ordinances including written departmental rules, regulations, and policies. E. Insubordination. F. Acceptance of gifts or gratuities in connection with or relating to the employee's duties. G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction. 36 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 H. fraud or the submission of false information related to employment application, payroll, or any work-related record or report. I. soliciting outside work for personal gain during the conduct of city business; engaging in outside employment for any business under contract with the City; or participating in any outside employment that adversely 'affects the employee's city work performance; or conducting personal business on city time. J. discourteous treatment of the public or city employees or disorderly conduct on city property or on city business including fighting, or using profanity, intimidation, abusive or threatening language. K. conduct that interferes with the reasonable management, operation, and discipline of the city or any of its departments or divisions or failure to cooperate with superiors or fellow employees. L. engaging in political activities while on duty, in uniform or using the authority associated with city employment. A violation or neglect of safety rules or practices. N. behavior, either during or outside duty hours, which is of such a nature that is causes discredit to the city or none of its operating services. O. discrimination, including harassment, against other employees or members of the public on the basis of race, color, national origin, religious creed, ancestry, sex, marital status, age, or physical handicap. P. inefficiency, incompetence, or negligence in the performance of duties, including failure to perform or complete assigned tasks or training, in a prompt, competent and reasonable manner. Q. refusal or inability to improve job performance in accordance with written or verbal direction after a reasonable trial period. R. refusal to accept and carry out reasonable and proper assignment from an authorized supervisor. S. possession or use of controlled substances or alcohol on city property and/or at the worksite. T. intoxication, intemperance, or incapacity due to the use of controlled substances or alcohol while on duty. U. failure to obtain or maintain possession of the minimum qualifications for the position. 37 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 V. Careless, negligent, or improper use of city property, equipment or funds, including unauthorized removal, or use for private purpose, or use involving damage or unreasonable risk of damage to property. W. Unauthorized release or use of confidential information or official records. X. participation in an illegal strike, work stoppage, slowdown, or other job action against the city. Y. Inability to perform the duties of his/her job. Z. dishonesty AA.Possession of firearms on the job. BB. Sleeping on the job. CC. Theft. DD. Retaliation for actions protected by law. EE.Failure to report loss of or damage caused to city equipment and/or facilities for which the employee was responsible. FF. Threats of violence against city employees and/or city property. 38.7 In the event of a demotion, suspension, reduction in pay or dismissal, and the affected employee is not satisfied with the decision rendered by the City manager, the employee may appeal the decision by filing a written appeal with the Human Resources Department within ten (10) work days following service of the final notice of disciplinary action. The written appeal shall contain a written reply to the charges against the employee and a written request for an appeal hearing. 38.8 If an employee submits an appeal, the City shall refer the appeal to arbitration in accordance with step five of the grievance procedure in the MOU. In the case of a disciplinary appeal under this article, the arbitrator's authority shall be limited in accordance with provisions of step five and the parties' hearing stipulations. ARTICLE XXXVH1 - MUTUAL CONSENT CLAUSE 38.1 This MOU may be amended any time during its lifetime upon mutual consent of the City and IBEW. Such amendment must be in writing and attached to all executed copies of this MOU. 38 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003 - 2005 ARTICLE XXXIX - NO STRIKES 39.1 The represented employees agree that they will 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 - POLICY MANUAL 40.1 City agrees to provide copies of Policy Manual to IBEW Shop Stewards and two copies to the Business Representative of IBEW and to place those individuals on the mailing list for any changes thereto. ARTICLE XLI - PROBATIONARY PERIOD 41.1 All appointments to positions in the classified service shall be subject to probationary period of 12 continuous months of service. The probationary period for promotions, transfers, or temporary employees advanced to regular status who have served in a temporary capacity for a minimum of six months shall all be six months and are eligible for a merit increase at that time. 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. Newly hired Linemen/Linewomen shall be paid at no lower than the D Step upon employment and shall be advanced to the E Step after 13 pay periods. 41.2 During the probationary period, all,new hires shall have all the rights and privileges afforded to other employees, except: 1) Vacation Leave - see Article XIV 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 six months. The IBEW shall be notified of all extensions. 41.3 The City will provide medical insurance to temporary employees. Temporary employees shall be permitted to obtain dental and/or vision insurance coverage at group rates by the employee paying the prevailing premiums. When a temporary employee is converted to regular status, he/she shall receive credit for all time worked as a temporary employee toward the probationary period. 39 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 ARTICLE XLII - REST PERIOD 42.1 The City and the IBEW mutually agree that when an employee has worked for eight hours or more at the overtime rate during the sixteen -hour period immediately preceding the beginning of his/her regular work hours on a work day he/she shall be entitled to a rest period of eight hours on the completion of such overtime work. When an employee has worked for six or more hours at the overtime rate during the twelve hours immediately preceding the beginning of his/her regular work hours on a work day he/she shall be entitled to a rest period of six hours on the completion of such overtime work. When an employee has worked for four or more hours at the overtime rate during the eight hours immediately preceding the beginning of his/her regular work hours on a work day he/she shall be entitled to a rest period of four hours on the completion of such overtime work. 42.2 There shall be included as part of the hours worked at the overtime rate in any qualifying period any meal time to which the employee is entitled when emergency or prearranged work is performed, except that any meal time to which he/she is entitled after being dismissed from work shall not be included in the computation of the rest period. 42.3 Hours worked prior to any rest period in which the employee does not work shall not be included in computing another period of overtime work. 42.4 If the rest period in whole or in part overlaps the employee's regular work hours he/she will receive pay at the straight rate for the extent of the overlap, except that the time taken during such overlap for any meal to which he/she is entitled on dismissal shall be paid for at the overtime rate. 42.5 If the employee is called back to work during any rest period a new rest period will commence at the conclusion of such work. 42.6 If the rest period overlaps his/her regular work hours but does not extend into the second half of his/her work day, the employee may be excused from reporting for work until the beginning of the second half of his/her work day, and in such event helshe will be paid for the time between the expiration of the rest period and the end of the first half of his/her work day. 42.7 If the rest period extends into the second half of his/her work day, the employee may be excused from reporting for work until the following work day, and in such event he/she will be paid for the time between the expiration of the rest period and his/her regular quitting time on such day. 42.8 In the application of the foregoing, an employee unless otherwise instructed, shall be deemed to be excused from reporting to work for the period between the end of his/her rest period and the reporting time as designated by the applicable subdivision. 40 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003 - 2005 42.9 An employee entitled to a rest period hereunder may nevertheless be required to work during regular work hours on a work day without having had a rest period of four, six or eight consecutive hours, as applicable, in which event he/she shall be paid at the overtime rate for all work performed until he/she has been relieved from duty for at least four, six or eight consecutive hours, as applicable. This section shall not apply to prearranged overtime work. 42.10 For the purposes of this section, when a Utility Services Operator, assigned to the swing shift works four or more hours during the previous day shift and completes his/her regularly scheduled shift, the first eight hours worked will be paid at the straight time hourly rate. All time worked in excess of eight hours shall be paid at the appropriate overtime rate and meal provisions shall apply in accordance with Article XXVH. ARucLE XLIII - T zRm 43.1 The terms and conditions of this MOU- shall continue in effect during the term of this MOU. The parties agree as follows: TERM Three years commencing January 1, 2003 through December 31, 2005 43.2 The parties mutually agree to commence negotiations no later than three (3) months prior to the expiration of the MOU. 41 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003 - 2005 a _ _77777T � Salary schedule effective 1/1/2003 Construction/Maintenance Supervisor Electric Apparatus Mechanic Electric Drafting Technician Electric Utility Equipment Specialist Electric Foreman/Forewoman Electric Lineman/Linewoman Electric Meter Technician Electric Troubleshooter Electrical Estimator Electrical Technician Electrician Metering Electrician Sr. Electric Troubleshooter Sr. Electrical Estimator Utility Service Operator I Utility Service Operator 11 Utility Service Operator - Relief ATTACHMENT A 5,599.84 5,879.83 6,173.82 6,482.51 6,806.64 4,426.75 4,648.09 4,880.49 5,124.51 5,380.74 3,920.18 4,116.19 4,322.00 4,538.10 4,765.00 3,849.35 4,041.81 4,243.90 4,456.10 4,678.90 5,090.76 5,345.30 5,612.56 5,893.19 6,187.85 4,426.75 4,648.09 4,880.49 5,124.51 5,380.74 5,043.99 5,296.19 5,561.00 5,839.05 6,131.00 4,585.45 4,814.72 5,055.46 5,308.23 5,573.64 5,090.76 5,345.30 5,612.56 5,893.19 6,187.85 4,673.28 4,906.94 5,152.29 5,409.90 5,680.40 4,450.74 4,673.28 4,906.94 5,152.29 5,409.90 4,585.45 4,814.72 5,055.46 5,308.23 5,573.64 5,043.99 5,296.19 5,561.00 5,839.05 6,131.00 5,599.84 5,879.83 6,173.82 6,482.51 6,806.64 4,024.66 4,225.89 4,437.19 4,659.05 4,892.00 4,829.59 5,071.07 5,324.63 5,590.86 5,870.40 5,312.55 5,578.18 5,857-091 6,149.94 6,457.44 42 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005 Dollars to be added to salary schedule effective January 1, 2004 a Construction/Maintenance Supervisor Electric Apparatus Mechanic Electric Drafting Technician Electric Utility Equipment Specialist Electric Foreman/Forewoman Electric Lineman/Linewoman Electric Meter Technician Electric Troubleshooter Electrical Estimator Electrical Technician Electrician Metering Electrician Sr. Electric Troubleshooter Sr. Electrical Estimator Utility Service Operator I Utility Service Operator II Utility Service Operator - Relief ATTACHMENT B 43 $ 292.71 $ 307.35 $ 322.72 $ 338.85 $ 355.79 $ 231.39 $ 242.96 $ 255.11 $ 267.87 $ 281.26 $ 201.21 $ 211.27 $ 221.84 $ 232.93 $ 244.57 $ 266.10 $ 279.41 $ 293.38 $ 308.05 $ 323.45 $ 231.39 $ 242.96 $ 255.11 $ 267.87 $ 281.26 $ 198.51 $ 208.44 $ 218.86 $ 229.81 $ 241.30 $ 180.47 $ 189.49 $ 198.97 $ 208.91 $ 219.36 $ 266.10 $ 279.41 $ 293.38 $ 308.05 $ 323.45 $ 164.21 $ 172.42 $ 181.04 $ 190.10 $ 199.60 $ 156.39 $ 164.21 $ 172.42 $ 181.04 $ 190.10 $ 180.47 $ 189.49 $ 198.97 $ 208.91 $ 219.36 $ 1'98.51 $ 208.44 $ 218.86 $ 229.81 $ 241.30 $ 292.71 $ 307.35 $ 322.72 $ 338.85 $ 355.79 $ 354.17 $ 371.88 $ 390.48 $ 410.00 $ 430.50 $ 425.01 $ 446.261 $ 468.571 $ 492.00 $ 516.60 $ 4.67.51 $ 490.881 515.43 $ 541.20 $ 568.26 43 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS— MOU 2003-2005 ATTACHMENT C LETTER OF AGREEMENT BETWEEN THE CITY OF LODI AND IBEW ELECTRIC UTILITY UNIT 1245 Alternate Work Schedule This agreement defines an alternate work schedule in accordance with Article 25.1 of the Memorandum of Understanding (MOU) dated January 2003 — December 2005. The following defines the terms and conditions of the alternate work schedule when implemented and known as 9-80. • The normal workday is 7:00 a.m. to 4:30 p.m. Monday through Thursday with one half hour for lunch break and 7:00 a.m. to 3:30 p.m. on a Friday workday with one half hour for lunch break. • The work week shall be defined to begin and end each Friday at 11:00 a.m. • The alternate work schedule (9-80) shall begin and end at pay period breaks. The pay period is defined as the two weeks period beginning on a Monday at 0000 hours and ending on the Sunday 14 days later at 2400 hours. • The employees participating in the alternate work schedule (9-80) will be placed in two groups. Group One will have the first Friday in the pay period off (payday). Group Two will have the second Friday in the pay period off. • It is agreed that the alternate work schedule will.be terminated at any time (end of pay period) in the event it causes a reduced level of service to the general public, excessive overtime use, the inability to respond to the needs of the system or the customer or for any other reason not in the best interest of the operation of the Department. • The Utility Service Operator — Relief, Utility Service Operators and Electric Troubleshooters will not participate in the alternate work schedule. • This letter of agreement takes exception to article 3.1 part 2 of the MOU during the normal workday Monday through Thursday as defined above. • This letter of agreement may be cancelled by either party effective at the end of a pay period, but in no event later than the end of the next full pay period following the cancellation request. During the waiting period every effort will be made to resolve the issue or issues that caused the cancellation request. Group One employees include: Electrical Estimator (2); Electric Meter Technician, Electrical Technician (1) and Electrician (1). Group Two employees include: Electrical Estimator (1), Electric Line Foreman/Forewoman, Electrical Technician (1), Electric Lineman/Linewoman, Electrician (1), Metering Electrician, Electric Apparatus Mechanic and Electrical Drafting Technician. Rick Bolanos City of Lodi 44 Sam Glero, Business Representative IBEW, Electric Utility Unit 1245 CITY OF LOD] AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003 - 2005 ATTACHMENT D LETTER OF AGREEMENT BETWEEN THE CITY OF LODI AND IBEW ELECTRIC UTILITY UNIT 1245 This Agreement is a clarification of Article VIII — Standby Duty, and Article XXVIII — Hours and Overtime, and is not intended to supersede or alter any other terms of the Memorandum of Understanding or practice currently in effect. For call -outs related to paid standby duty, the employee will be compensated at the rate of one and one-half times the straight time rate of pay, with a two-hour minimum for the first call, in addition to the appropriate standby pay (no offset). This applies to all types of standby assignments (Troubleshooter, NCPA and Utility Services Operator). However, when it becomes necessary for the employee on standby to become part of a crew, he/she will be compensated at the rate of two times the straight time rate of pay for all hours worked as a member of such crew. For the purposes of this Agreement, a crew shall be defined as three or more employees engaged in a common task. When it becomes necessary to dispatch a crew to accomplish the emergency work, every effort will be made to dispatch anentire crew so that the employee on standby duty can be released from that situation and be available to respond to additional calls. If the Utility Services Operator is unable to dispatch an entire crew and the standby employee is required to work as a member of the crew, the standby employee will be paid at the rate of two times the straight time rate of pay, commencing at the time the last attempt was made to contact an employee from the call out list i.e. "once through the list." In the case where the above situation is the first call of the standby period, the employee on standby duty shall be paid no less than an amount equal to two hours at the time and on -half rate. In situations that require two employees to accomplish the emergency work, the employee on standby duty will be paid at the rate of one and one-half times the straight time rate for all hours worked. Rick Bolanos, City of Lodi Sam Glero, Business Representative IBEW, Electric Utility Unit 1245 I. B. E. W. - LOCAL 1245 ELECTRIC UTILITY UNIT Perry Zimmerman Business Manager,IBEW Date: Sam Glero Business Agent, IBEW Date: Rob Aadland Electrician Date: Dave Comer Electrical Estimator Date: Rich Willett Electric Foreman Date: Kevin Reidinger Utility Service Operator Date: CITY OF LODI A MUNICIPAL CORPORATION Rick Bolanos City of Lodi Date: Joanne Narloch Human Resources Director Date: Alan Vallow Electric Utility Director Date: