HomeMy WebLinkAboutResolutions - No. 3346RESOLUTION NO. 3346
RESOLUTION APPROVING THE "MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF
LODI AND INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1245.
RESOLVED, that the "Memorandum of Understanding
Between the City of Lodi and International Brotherhood of Electrical
Workers. Locai 1245, " dated January 21, 1970, a copy of which is
annexed hereto and made a part hereof as if set forth in full herein,
be and the same is hereby approved and adopted by the City Council
of the City of Lodi.
Dated: January 21, 1970
I hereby certify that Resolution No. 3346 was passed
and adopted by the City Council of the City of Lodi in
regular meeting held January 21, 1970 by the following
vote:
Ayes: Councilmen Brown, Gulbertsan, Hunnell,
Schaffer and Kirsten
Noes: Councilmen - None
3346
City of Lodi, California
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF LODI
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245
This Memorandum of Understanding between the City of Lodi and the
International Brotherhood of Electrical Workers, Local 1245 constitutes
the results of meeting and conferring in good faith as prescribed in
Section 3505 of the Government Code of the State of California. The
salaries and fringe benefits set forth in this agreement have been mutually
agreed upon by designated representatives of the City of Lodi and the
International Brotherhood of Electrical Workers, Local 1245, hereinafter
called I. B. E. W. , and the signatories to this Memorandum of Understanding
are the official representatives of said city and said employee organization.
This document shall be submitted to the City Council of the City of Lodi
for that body's review and final determination.
In accordance with the terms and conditions of City of Lodi Resolution
No. 3312 entitled, "Implementing Meyers-Milias- Brown Act By Establishing
Procedures For Administration of Employer -Employee Relations Between
The City of Lodi and Its Employee Organizations; And For Resolving Matters
Affecting Employment" formal recognition of the I. B. E. W. for purposes of
meeting and conferring in good faith as the majority representatives of
-i-
Utilities Department employees has been granted in the following classes:
Apprentice Electrical Technician
Apprentice Electrician
Apprentice Lineman
Electrical Estimator
Electrical Estimator Assistant
Electric Meter Repairman -Inspector
Croundman
Line Foreman
Lineman
Line Truck Driver
Load Dispatcher
Utility Services Operator I
Utility Services Operator 11
Utility Warehouseman -Clerk
The terms and conditions of this Memorandum of Understanding are
applicable to the above enumerated classes which constitute the unit
represented by the I. B. E. W.
The City of Lodi and the I.B.E. W. mutually agree that existing salaries,
hours and other terms and conditions of employment of those classes
constituting said unit and represented by the I. B. E. W. are amended as
set forth herein and applicable ordinances, resolutions, rules and policies
shall be appropriately amended to incorporate said agreements:
1. The City Council of the City of Lodi agrees to incorporate
in a salary resolution to be effective September 1, 1969
the following salary adjustments:
CLASS
Apprentice Electrical Technician
Salary Range Effective 9-1-68
Salary Range Effective 9-1-69
-Z-
$ 628 - 660 - 693 - 727
$ 676 - 710 - 745 - 782
CLASS
Range
Effective
Apprentice Electrician
Salary
Range
Effective
Salary Range
Effective
9-1-68
Salary Range
Effective
9-1-69
Apprentice Lineman
Salary
Range
Effective
Salary Range
Effective
9-1-68
Salary Range
Effective
9-1-69
Electrical Estimator
Salary Range Effective 9-1-68
Salary Range Effective 9-1-69
Electrical Estimator Assistant
Salary
Range
Effective
9-1-68
Salary
Range
Effective
9-1-69
Electric Meter Repairman -Inspector
883
Salary
Range
Effective
9-1-68
Salary
Range
Effective
9-1-69
Groundman
Salary Range Effective 9-1-68
Salary Range Effective 9-1-69
Line Foreman
Lineman
Salary
Range
Effective
9-1-68
Salary
Range
Effective
9-1-69
$ 628 -
660
- 693
- 727
$ 676 -
710 -
745 -
782
$ 628 -
660
- 693 -
727
$ 676 -
710 -
745 -
782
$ 693
- 727
- 763
- 801
- 841
$ 727
- 763
- 801 -
841 -
883
$ 598 -
628 -
660
- 693
- 727
$ 644 -
676 -
710 -
745 -
782
$ 693 -
727 -
763
- 801
- 841
$ 727 -
763 -
801 -
841 -
883
$ 493 -
517 -
543 -
570 -
598
$ 530 -
556 -
584
- 613 -
644
$ 763
- 801
- 841 -
883
- 927
$ 801 -
841 -
883 -
927
- 974
Salary
Range
Effective
9-1-68
$
763
- 801
- 841
Salary
Range
Effective
9-1-69
$
801 -
841 -
883
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Line Truck Driver
Salary Range Effective 9-1-68
Salary Range Effective 9-1-69
Load Dispatcher
Salary Range Effective 9-1-68
Salary Range Effective 9-1-69
Utility Service Operator I
Salary Range Effective 9-1-68
Salary Range Effective 9-1-69
Utility Service Operator lI
Salary Range Effective 9-1-68
Salary Range Effective 9-1-69
Utilitv Warehouseman -Clerk
$ 543 -
570
- 598
- 628
- 660
$ 584 -
613 -
644 -
676 -
710
$ 693 -
727 -
763
- 801
- 841
$ 727 -
763 -
801 -
841 -
883
$ 628 -
660 -
693
- 727
- 763
$ 660 -
693 -
727
- 763
- 801
$ 660 -
693
- 727
- 763
- 801
$ 693 -
727 -
763
- 801 -
841
Salary
Range
Effective 9-1-68
$
543 - 570
- 598
- 628 - 660
Salary
Range
Effective 9-1-69
$
584 - 613
- 644
- 676 - 710
2. The City
of Lodi and the
I. B. E. W.
mutually
agree
that
effective February 1, 1970, the City shall grant dues
deduction to City employees who are members of the
I.B.E. W., 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 Regula-
tions To Implement Provisions of the Employee -Employer
Relations Resolution. "
The I. B.E. W. shall indemnify, defend and hold the City
-4-
of Lodi harmless against any claims made and against
any suit instituted against the City of Lodi on account of
check -off of said employee organization's dues. In addition
the I. B, E. W. shall refund to the City of Lodi any amounts
paid to it in error upon presentation of supporting evidence.
3. (a) The City of Lodi and the I.B.E. W. mutually agree that any
Utilities Department employee whose salary range is less
than that of Line Foreman and who supervises a crew of
three (3) men, including himself, in the performance of
line crew work in the electric utility field shall be com-
pensated at the next highest dollar amount in the salary
range of Line Foreman which is above said employee's
current salary, provided that such time worked is not less
than eight (8) hours during one day. For the purposes of
this Section, line crew work shall not include work assign-
ments that could normally be performed by laborers or
groundmen such as ditch digging, spreading gravel, and
performing routine system maintenance.
(b) Any employee performing relief Utility Services Operator
work shall be compensated for such work at the next
higher salary step than that he is receiving in his salary
range or exceeding the range established for his class in
the event he is at the top step of his range, provided that
such time worked is not less than eight (8) hours during
one day. Any employee performing such work whose
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salary range is the same as or exceeds the range of
Utility Services Operator I shall receive no additional
compensation.
4. (a) The City of Lodi and the I. B. E. W. mutually agree that
the regular hours of work for line crew personnel shall
be 8:00 a.m. to 12;00 noon, and 1:00 p. m, to 5;00 p. rn. ,
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 third
and fifth work hour.
(b) Overtime work is work performed by an employee at
times other than those normally required for his em-
ployment and includes time worked (1) in excess of
forty (40) hours in a work week, (2) in excess of eight
(8) hours in any work day, (3) time worked outside of
regular hours of work on a work day, (4)time worked
on a non -work day, and (5) time worked on a holiday,
and such work shall be compensated at the rate of one
and one-half (1-1/2) times the hourly rate for the
employee's position.
(c) Hours worked on a holiday by employees in the classes
of Utility Service Operator I and II as part of said
employee's regular work schedule as attached hereto
shall be compensated at the rate of time and one-half
compensatory time off.
(d) The City may change the hours of work as stated in
paragraph (a) 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.
(e) Employees who are required to report for prearranged
work on their non -work days, or holidays, shall be
compensated at the overtime rate for actual hours
worked, but in no event shall they be paid for less
than two (2) hours.
(f) Any employee reporting for prearranged work wholly
outside of his regular hours on a regular work day
shall be compensated at the overtime rate for actual
time worked, but in no event shall he be paid for less
than two (2) hours.
(g) Any employee refusing to work on a holiday after
having received forty-eight (48) hours of such work
scheduling, and having failed to secure a replacement
with management approval, shall not be compensated
for that holiday.
(h) Overtime shall be distributed as equally as possible
among those employees in the same classification. No
employee shall be required to trade time for the pur-
pose of avoiding payment of overtime.
St
(i) If an employee assigned to standby duty is called for
emergency work more than once in the twenty-four
(24) 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 non -work days:
for subsequent calls overtime compensation shall be
paid for his 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 (2) hours and into his regular
work hours, such call shall not be considered as a
first call for the purpose of the minimum overtime
compensation.
(j) Employees assigned to weekly standby duty for
emergency calls shall receive a minimum of fifty ($50)
dollars for each week's standby period. Time worked
on emergency calls while the employee is in a standby
status shall be charged against this minimum in
accordance with existing overtime compensation per call.
(k) Employees may exchange work days with other employees
in the same classification provided: (1) both employees
are agreeable to the exchange; (2) neither employee will
work more than forty (40) hours during the work week
involved; and (3) the exchange receives management
authorization.
5. The City and the I.B.E.W. 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 (1) 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 is deemed by the City
to be qualified to perform the duties of the lower
classification, and if his length of service is greater
than that of the employee in the lower classification.
In the event that a journeyman displaces an apprentice,
he shall continue to be paid as a journeyman.
6. (a) The City and the I. B.E. W. mutually agree that if the
City requires an employee to perform work for one
and one-half (1-1/2) hours beyond regular quitting time,
or if an employee is called in more than two (2) hours
before regular starting time, the City will provide such
employee with a meal. The City shall continue to pro -
M
vide meals at four (4) hour intervals until employees
are dismissed from work. The cost of such meals
and the time taken to consume them shall be at the
City's expense.
(b) When the City requires employees to work on non -work
days, the City will provide meals at intervals of four
(4)hours, the first meal shall be four (4)hours after
employees report to work, providing time is allowed
for an employee to eat before reporting. If such time
is not allowed, the first meal break shall be two (2)
hours after reporting for work and at four (4)hour
intervals thereafter.
(c) When an employee is required to perform prearranged
work on non -work days during regular work hours he
shall observe the lunch arrangement which prevails
on his work days. If such work continues after regular
work hours, City shall provide him with meals in
accordance with the provisions of (a) hereof.
(d) If City requires an employee to perform prearranged
work starting two (2) hours or more before regular
work hours on work days or non -work days and such
employee continues to work into regular work hours,
he shall provide for one meal on the job and City
shall provide other meals as required by the duration
of the work period. The meals provided for in this
-10-
section shall be eaten at approximately the usual
times therefor and the usual practice relating to
lunch periods on work days shall prevail. The usual
times therefor shall be 7;00 a.m. - 12:00 Noon -
6:30 p.m.
(e) When, at the request of the supervisor in charge, an
employee reports for prearranged work (1) on work
days outside of his regular work hours he 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
regular work hours he shall be paid overtime com-
pensation only for actual work time up to his regular
work hours, (2) on non -work days or on holidays he
shall be paid overtime compensation for actual work
time in connection therewith. For the purpose of this
section prearranged work is deemed to be work for
which advance notice has been given by the end of
his preceding work period on a work day.
7. The City and the I. B . E. W . mutually agree that in-
ability to return to work after an employee's 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.
-11-
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 that time by
the City in conjunction with the granting of the leave
of absence. The City reaffirms its policy that an
employee's status as a permanent employee is not
impaired by such leave of absence.
8. 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 pro-
tection 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.
9. The 1. B. E. W. , Local 1245 concurs with the existing
City policy which provides that no deduction shall be
made from the salary of an employee while on jury
duty.
10. At such time as the Group Insurance Plan contract
is renewed, the City's medical coverage shall be
amended to provide the following:
-12-
(a)maximum charges for room and board as a part of
hospital expenses shall be increased from $28.00
per day to $37.00 per day.
(b)the maximum benefit during the lifetime of each
insured employee or dependent shall be increased
from $10,000 to $20,000.
(c)the period of eligibility shall be amended to provide
that all full-time employees hired by "Regular
Appointment" as defined in Rule VII, Section 8,
Rules for Personnel Administration, City of Lodi,
California, who are actively at work upon completion
of thirty-one (31) calendar days of continuous employ-
ment will become insured on that date.
11.. The City and the I. B.E. W. 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 he shall not be charged sick leave
for the first seven (7) calendar days of said absence.
After this initial period, and with the determination
that the injury or illness is compensable in accordance
with Workmen's Compensation benefit criteria, the
employee upon receiving said benefits paid by Workmen's
Compensation will also receive compensation from the
City in such an amount that when added to the Workmen's
Compensation payment will equal his regular salary.
-13-
The amount paid by the City will, after the initial
seven (7) days, be charged to the employee's sick
leave account. The employee's regular deductions
shall be made from the amount paid by the City.
12. The City and the I.B.E.W. mutually agree that when
an employee has worked for eight (8) hours or more
at the overtime rate during the sixteen (16) hour period
immediately preceding the beginning of his regular work
hours on a work day he shall be entitled to a rest period
of eight (8) hours on the completion of such overtime
work.
(a)There shall be included as part of the eight (8) hours
worked at the overtime rate in such sixteen (16) hour
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 is entitled
after being dismissed from work shall not be included
in the computation of the eight (8) hour rest period.
(b) Hours worked prior to any eight (8) hour rest period
in which the employee does not work shall not be in-
cluded in computing another period of overtime work.
(c)If the eight (8) hour rest period in whole or in part
overlaps the employee's regular work hours he will
receive pay at the straight rate for the extent of the
overlap, except that the time taken during such
-14-
overlap for any meal to which he is entitled on
dismissal shall be paid for at the overtime rate.
(d) U the employee is called back to work during his
eight (8) hour rest period a new rest period will
commence at the conclusion of such work.
(e) (1) If the rest period overlaps his regular work
hours but does not extend into the second half of
his work day, the employee may be excused from
reporting for work until the beginning of the second
half of his work day, and in such event he will be
paid for the time between the expiration of the rest
period and the end of the first half of his work day.
(z) If the rest period extends into the second half
of his work day, the employee may be excused from
reporting for work until the following work day, and
in such event he will be paid for the time between
the expiration of the rest period and his regular
quitting time on such day.
(3) In the application of the foregoing, an employee
unless otherwise instructed, shall be deemed to be
excused from reporting to work for the period be-
tween the end of his rest period and the reporting
time as designated by the applicable subdivision.
(f) An employee entitled to a rest period hereunder may
nevertheless be required to work during regular work
-15-
hours on a work day without having had a rest period
of eight (8) consecutive hours, in which event he shall
be paid at the overtime rate for all work performed
until he has been relieved from duty for at least
eight (8) consecutive hours.
13. (a) 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.
(b) The I. B.E. W. , Local 1245, will cooperate with the
City in providing speakers and materials for safety
meetings .
14. The City and the I. B. E. W. , mutually agree that the
attached schedule "Exhibit I, Proposed Schedule for
Utility Plant Operators" shall be the schedule worked
by employees in the Utility Service Operator classes.
Any changes in said schedule will be upon the approval
of the City after consultation with the I. B.E. W. ,
Local 1245, said schedule to become effective at such
time as necessary appointments and training programs
have been completed.
Except where otherwise provided herein, the terms and conditions
of this Memorandum of Understanding shall become effective
February 1, 1970.
For the I.B.E.W., Local 1245 For The City of Lodi
/-2r I4ate 4
Business epres t tive Date Assistant City Manager
/_2/-%C�
op Steward Date
-17-
2
EXHIBIT 'I
S M
T
W
T
F
S
S
M
T
W
T
F
S
S
M
T*
W T F S
S
M
T
W
T
F
'S
0 0
2
2
2'
2
2
2
2
0
0
1
1
1
1
1
1 1-
0 0 3 3
3
3
3
3
3
0
0
3 3
3
3
3
0
0
0
0
2
1
2.
1
2
2-
2
0
0 Y 1 1,
1
1
1
1 - 0
0
3
3
1 1-
1
1-0
0
3
3
3
3
3
3
3
0
0
0
0
.2
2 2 2 2
2
2
0
0
1
1
.1
2 2
0
0
1
1
1
1
1
1 1-
0
0
3
3
1 3
3
3
3 3 0 0
0
0
2
2
2
2
2
0 = Off
1 =
1st
Shift (7:00
AM to
3:00 l'M}
2 =
2nd
Shift (3:00
PM to
11:00 1'1ViJ
3 =
3rd
Shift (11:00
PM to
7:00 AM)
1-0 =
Man
to work 21st
Shift
when relief man is not available.
-31-