HomeMy WebLinkAboutResolutions - No. 2014-11RESOLUTION NO. 2014-11
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
2014 MEMORANDUM OF UNDERSTANDING WITH AFSCME
(MAINTENANCE AND OPERATORS AND GENERAL SERVICES
UNITS) AND FURTHER APPROPRIATING FUNDS
WHEREAS, representatives from the City of Lodi and AFSCME (Maintenance
and Operators and General Services Units) have bargained in good faith for the purpose
of approving the 2014 Memorandum of Understanding (MOU); and
WHEREAS, it is recommended that Council approve the attached 2014 MOUs
(Exhibits A and B) with AFSCME (Maintenance and Operators and General Services
Unit), including the following:
Base one-time payment of $2,300 (employees with less than two years of
service shall receive payment of $1,150 per employee and the other half
shall be redistributed among members with over two years of service);
• Increase to the January 2014 Medical Cap (as defined in detail below):
Currenti`oosed'._=� . Daftee
Single
$610.44
$657.33
$46.80
Employee + 1
$1,220.88
$1,314.66
$93.76
Family
$1,587.14
$1,709.06
$121.92
• Revisions to Standby Pay, Tools and Uniforms, and other changes as
reflected in Exhibits A and B.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached 2014 Memorandum of Understanding (Exhibits A and B) between
the City of Lodi and AFSCME (Maintenance and Operators and General Services Unit),
including the one-time amendments as outlined above; and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: January 15, 2014
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I hereby certify that Resolution No. 2014-11 was passed and adopted by the Lodi
City Council in a regular meeting held January 15, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — Nakanishi
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RAN LL-OLSON
City Clerk
2014-11
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s qty �.., �' , s � t, �-/ �� � t �z3*� �. 'v i �y ,, s � � ✓ ��'"��., F .
LL'J�Internal
Services • Division
_
• •
$�IT
_
FUND#
BUS. UNIT# ACCOUNT#
ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
100
3205
Fund Balance
$
285,272.00
160 3205 Fund Balance $
45 968.00
170 3205 Fund Balance $
157,034.00
180 3205 Fund Balance $
12,566.00
210 3205 Fund Balance $
6,956.00
210
4210
Operating Transfers In
$
25 300.00
260 3205 Fund Balance $
21,896.00
321 3205 Fund Balance $
35,965.00
340 3205 Fund Balance $
28,740.00
347
3205
Fund Balance
$
43 472.00
347 4210 Operating Transfers In $
36,800.00
1250 3205 Fund Balance $
10,000.00
B.
100
100241
7101
Regular employee salaries
$
223,172.00
USE OF
FINANCING
160
160601
7101
Regular employee salaries
$
45,968.00
170 170401 7101 Regular em to ee salaries $
157,034.00
180 180451 7101 Re ular employee salaries $
12,566.00
210 210801 7101 Regular employee salaries $
32,256.00
260 260561 7101 Regular employee salaries $
21,896.00
321
3215011
7101
Regular employee salaries
$
35,965.00
340 340450 7101 Regular employee salaries $
28,740.00
347 347001 7101 Regular emto eesalaries $
80,272.00
1250 125053 7101 Regular employee salaries $
10,000.00
100
4220
Operating Transfers Out
$
62,100.00
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. if you need more space, use an additional sheet and attach to this form.
Appropriation increases associated with MOU/Statement of Benefit adjustments for AFSCME-General Services, AFSCME-
Maintenance & Operators, Mid -Management, Confidential General Services, Confidential Mid -Management and Executive
approved by Council on January 15, 2014; including increases to Operating Transfers for PRCS and Library to fund one-time
payment amount for staff supported by General Fund transfers
complete the following:
Meeting Date: 1/15/14 _Res No: j_ Attach copy of resolution to this form.
Department bead Signature:
to the Budget Division with any required documentation.
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
MAINTENANCE & OPERATORS UNIT
January 1, 2014 - December 31, 2014
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
TABLE OF CONTENTS
CHAPTER 1— SALARIES AND OTHER COMPENSATION Page #
Article I
Salary
4
Article II
Hours
4
Article III
Compensatory Time
5
Article IV
Overtime
5
Article V
Meals
6
Article VI
Temporary Upgrade
7
Article VII
Shift Differential
7
Article VIII
Standby Duty
7
Article IX
Tools and Uniform Allowance
8
Article X
Safety/Safety Boot Provisions
11
Article XI
Class A License
11
Article XII
Education Incentives
11
Article XIII
Bilingual Pay
12
Article XIV
Tuition Reimbursement
12
Article XV
Court Appearances
12
Article XVI
Mileage Compensation
13
CHAPTER 2 — LEAVES
Article XVII
Catastrophic Leave
13
Article XVIII
Bereavement Leave
13
Article XIX
Holidays
14
Article XX
Leaves of Absence
14
Article XXI
Sick Leave
15
Article XXII
Vacation Leave
15
CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT
Article XXIII
Medical Insurance
16
Article XXIV
Dental Insurance
17
Article XXV
Vision Insurance
17
Article XXVI
Chiropractic Insurance
17
Article XXVII
Life Insurance
17
Article XXVIII
Long Term Disability
17
Article XIX
Workers' Compensation
17
Article XXX
Flexible Spending Account
18
Article XXXI
Deferred Compensation Plan
18
Article XXXII
PERS
18
Article XXXIII
Sick Leave Conversion
19
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
CHAPTER 4 — UNION / CITY ISSUES
Article XXXIV
Union Leave
21
Article XXXV
Demotion And Layoff
21
Article XXXVI
Changes in Memorandum
21
Article XXXV II
City Rights
22
Article XXXVIII
Employee, Representation
22
Article XXXIX
Grievance Procedure
25
Article XL
Mutual Consent Contingency
28
Article XLI
No Strikes
28
Article XLII
Probationary Period
28
Article XLIII
Promotion
28
Article XLIV
Seniority
29
Article XLV
Shop Stewards
29
Article XLVI
Status
29
Article XLVII
Term
30
Exhibit A — Salary Schedule effective 03/21/2012
Exhibit B — Salary Schedule Specific Positions effective 03/21/2012
Exhibit C — Incentive Pay Schedule
Exhibit D — Incentive Pay for Equipment Maintenance Employees
Exhibit E — Certification Pay
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
Chapter 1— Salaries and Other Compensation
ARTICLE I — SALARY
1.1 All employees in the bargaining unit shall be issued a one-time restoration payment.
The base payment will be $2,300 per AFSCME employee ("Base Payment")
distributed as set forth below. The total distribution shall be calculated as the
number of AFSCME employees eligible for the one time payment on the date of
ratification times the $2,300. Employees hired on or after January 1, 2012 shall
receive a $1,150 one time payment. Employees hired before January 1, 2012 shall
receive $2,300 plus a pro rata share of $1,150 times the number of people eligible
for the $1,150 payment.
This payment shall be issued within two pay periods after approval of the MOU by
resolution by the Lodi City Council.
1.2 For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced Manteca
Modesto Redding Roseville Stockton Tracy Turlock
Vacaville Visalia Woodland
1.3 If any City bargaining unit, bargaining group, executive management as a group,
appointees as a group or City Council receives a salary increase or a one time
restoration payment that is greater than the Base Payment of $2,300.00 received by
AFSCME per Article 1.1 of this MOU (excluding step increases or the equivalent),
or a higher value medical and/or retirement benefit (except IBEW retirement)
applicable to all members of the group for the MOU negotiated (or last/best/final
offer imposed) that otherwise expired on November 30, 2013 or December 31,
2013, or by resolution adopted by Council, this unit will receive the same benefit.
This clause shall not be triggered as a result of a delay in implementing the medical
cap to give affected employees the opportunity to move to a lower cost plan upon
the next available open enrollment period.
1.4 In the event that the modifications to the incentive structure in the 2013 MOU
(rolling incentives into the salary for new hires) impede recruitment and retention,
the parties agree to meet and confer in good faith to resolve the impediment.
ARTICLE II — HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all
represented personnel shall be eight hours per day and 40 hours per week.
Alternate work hours may be 9 hours a day in the 9/80 schedule for 80 hours in a
two week period, or 10 hours per day in the 4/10 schedule. The lunch period shall
normally commence between the third and fifth work hour at the discretion of the
supervisor.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
a. Wastewater Plant Operators shall work shifts on a jointly agreed to rotating
schedule with varying days off. This schedule shall be posted two weeks
before the change of shift.
b. Employees assigned to work "Relief Operator" duties shall receive
compensation at a rate of 10% above their current base pay. The "Relief
Operator" is one who works a normal day shift but is on call to assume a
shift operators shift(s) for the duration of a vacancy, then return to regular
hours.
C. Street Sweeper Operators shall work a schedule which begins at 4:00 a.m.
d. Alternate work schedules may be developed by mutual agreement between
the employee and the appropriate supervisor.
2.2 Work schedules presently in effect shall remain in effect. Any proposed change in
the work days or work hours shall be a meet and confer item.
ARTICLE III — COMPENSATORY TIME
3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate
for compensatory time shall be at the appropriate rate of overtime worked.
3.2 1 The decision to elect compensatory time or overtime pay may be made each time
overtime is worked.
3.3 No more than (144) hours of compensatory time may be carried on the books at any
time.
3.4 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
3.5 Upon separation, the employee will be paid at the employee's current hourly rate of
pay or the average of the last three years, whichever is higher, for the remaining
compensatory balance.
ARTICLE IV — OVERTIME
4.1 Overtime work, paid at the time and one-half rate, is work performed by an
employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Sections 6.1 and 6.2; and
b. Time worked on a non -work day.
Overtime work paid at the double time rate is work performed in excess of 12 hours
between 12 midnight and 12 midnight on any given day, any work performed
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
between the hours of 12 midnight and 6:00 a.m., and any work performed on
holidays.
Hours worked on a holiday, as part of any employee's regular work schedule, shall
be compensated at the appropriate overtime rate as provided plus the employee
shall receive his or her regular straight time pay. Holiday, for overtime purposes, is
defined within the Holiday section of this MOU
4.2 Employees who are required to report for prearranged work on their non -work days
or holidays shall be compensated at the overtime rate for actual hours worked, but
in no event shall they be paid for less than three (3) hours.
4.3 If an employee has worked for six (6) hours or more at the overtime rate during the
sixteen (16) hour period immediately preceding the beginning of his or her regular
work hours on a work day he or she shall be given a rest period of six (6)
consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
4.4 Compensation paid to employees called out in emergency situations outside their
regular work hours shall be a minimum of three (3) hours pay at the overtime rate.
Additional call outs during that day shall be compensated at the overtime rate for
actual hours worked with a one hour minimum. Only one call out between the
hours of 12:00 o'clock midnight and 12:00 o'clock midnight shall be compensated
at the minimum three hour period. Phone calls lasting less than 10 minutes and
does not require substantive work would be paid 1 hour at the appropriate overtime
rate. Calls more than 10 minutes would receive the standard 3 hour callback at the
appropriate overtime rate
4.5 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
a. On work day outside of his or her regular work hours, he or she shall be paid
overtime compensation for actual worked time in connection therewith,
provided however, that if any such employee continues to work into or beyond
his or her regular work hours, he or she shall be paid overtime compensation
only for actual work time up to his or her regular work hours.
b. On non work days or on holidays, he or she shall be paid overtime
compensation for actual work time in connection therewith. For the purpose of
this Section, prearranged overtime work is deemed to be work for which
advance notice has been given by the end of his or her preceding work period
on a work day.
ARTICLE V - MEALS
5.1 If the City required an employee to perform work for one and one-half (1 ''/z) hours
immediately following quitting time, or if any employee is called in more than two
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
(2) hours immediately before regular starting time, the City shall provide such
employee with a meal. The cost of the meal not to exceed $20.00 with a receipt. If
an employee works beyond the regular quitting time, the City shall continue to
provide meals at four (4) hour intervals until the employee is dismissed from work.
The cost of such meals and the time taken to consume them shall be at the City's
expense.
5.2 When the City requires employees to work on non -work days, the City shall
provide meals at intervals of four (4) hours. The first meal shall be four (4) hours
after employees report to work, providing time is allowed for an employee to eat
before reporting. If such time is not allowed, the first meal break shall be two (2)
hours after reporting for work and at the four (4) hour intervals thereafter.
5.3 When an employee is required to perform prearranged work on non -work days
during regular work hours, he or she shall observe the lunch arrangement which
prevails on his or her work days. If such work continues after regular work hours,
the City shall provide the employee with meals in accordance with other provisions
of this MOU.
5.4 If the City requires an employee to perform prearranged work starting two (2) hours
or more before regular work hours on work days or non -work days, and such
employee continues to work into regular hours, the employee shall provide for one
meal on the job and the City shall provide other meals as required by the duration of
the work period. The meals provided for in this Section shall be eaten at
approximately the usual times and the usual practice relating to lunch periods on
work days shall prevail. The usual times therefore shall be 7:00 a.m. — 12:00 p.m.
and noon — 6:30 p.m.
ARTICLE VI — TEMPORARY UPGRADE
6.1 Any employee who is assigned by the Department Head or designee to a higher
classification in the absence of the incumbent shall receive a 10% wage increase
while in this status. However, in no event shall the upgrade pay per hour exceed the
"E" step of the classification to which the employee is temporarily upgraded.
ARTICLE VII — SHIFT DIFFERENTIAL
7.1 An Operations Premium of 3% will be applied to
Operators for all hours worked during swing shifts
work periods regularly scheduled to begin from
assignments shall be made by the City at its sole
MOU.
ARTICLE VIII — STANDBY PAY — CALL -OUT PAY
Wastewater Treatment Plant
Swing shifts are those daily
m 12 Noon to 10 pm. Shift
discretion consistent with this
8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit
shall be eligible for standby pay as noted below:
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
receive compensation of three (3) hours of straight pay when said
employees are in standby status.
B. Standb�Pgy: All Wastewater Plant Operators and Water Plant Operators
shall receive compensation at straight time pay when said employees are in
standby status, as shown below.
On work days 3 hours
On non -work days 4 hours
On observed holidays 8 hours
8.2 CALL -OUT: All employees in the Maintenance and Operators Bargaining Unit
shall be paid call -out pay as follows:
A. In addition to the "Standby Duty Pay" (above) the employees on standby
shall be paid at the rate of one and one half times the straight time rate of
pay for time worked on emergency calls before 12 midnight. Time worked
between 12 midnight and 6:00 am, or in excess of twelve (12) consecutive
hours between 12 midnight and 12 midnight on any given day, shall be paid
at double time.
B. The first call -out will be paid at three (3) hours minimum at the appropriate
overtime rate as defined in Article 8.2 (A) of this Agreement. Subsequent
calls on the same calendar day will be paid for actual time worked at the
appropriate overtime rate as defined in Article 8.2(A) of this Agreement.
C. All subsequent hours worked on a call -out shall be paid at the appropriate
overtime rate per Article 8.2(A) of this Agreement.
D. Phone calls lasting less than ten (10) minutes, that do not require substantive
work to be performed, will be paid one (1) hour at the appropriate over time
rate as defined in Article 8.2(A) of this Agreement. Calls lasting longer
than ten (10) minutes will receive the standard three (3) hour minimum at
the appropriate overtime rate as defined in Article 8.2(A) of this Agreement
and pay for any additional hours worked as defined in Article 8.2(C) of this
Agreement.
ARTICLE IX — TOOLS AND UNIFORM ALLOWANCE
9.1 Uniforms provided by the City shall include a jacket, pants and shirts. Jackets shall
be replaced as needed. Uniform service, including rental and cleaning of one
uniform (shirts & pants) per work day, will be provided to the following
Maintenance and Operators classifications:
Environmental Compliance Insp. Parts Clerk
Facilities Maintenance Worker Plant & Equipment Mechanic
Facilities Supervisor Street Maintenance Worker I/II/III
Fleet Services Supervisor Street Supervisor
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
Heavy Equipment Mechanic
Maintenance Worker I & II
Park Maintenance Worker I /II/III
Park Supervisor
Chief Wastewater Plant Operator
Sr. Facilities Maintenance Worker
Sr. Storekeeper
W/WWMaintenanceWorker I/II/III
W/WW Supervisor
W/WW Plant Operator I/II/III
Water Plant Operator I/II/III
Welder -Mechanic
9.2 Coveralls as needed, but no more than 3, are provided to:
Chief Wastewater Plant Operator
Wastewater Plant Operator I, II, III
Sr. Plant and Equipment Mechanic
Plant and Equipment Mechanic
Environmental Compliance Inspector
Maintenance Workers I and II
assigned to White Slough
Water Plant Operator I/II/III
9.3 Smocks as needed, but no more than 3, are provided to Laboratory Technician I/II.
9.4 The City agrees to provide prescription safety glasses up to a maximum cost of
$251.00 per pair as required. A maximum of two pair of prescription safety glasses
will be provided by the City during employment except as indicated in 9.6 and 9.7
below.
9.5 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
charges. The employee shall submit receipts for the frames and lenses to the City
for reimbursement.
9.6 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:
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.
4. If safety glasses are unsafe due to normal wear and tear, the City shall
approve a replacement pair as specified above.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
9.7 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
employees 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 safety
glasses unless 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.
9.8 Uniforms and safety equipment damaged in the line of duty shall be replaced or
repaired by the City.
9.9 Employees who are not required to wear a uniform, whose personal clothing is
damaged in the line of duty, may request to have the item replaced or repaired at the
City's expense.
A. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
B. The City shall have the sole discretion to approve or deny the request and its
denial shall not be grievable.
C. Repair costs shall not exceed ordinary costs and shall be limited to the repair
identified in the employees claim.
D. Items replaced shall be of similar, or the same value as the item being
replaced. The City may require the employee to forfeit the damagd item for
inspection.
E. All requests for reimbursement shall be accompanied by receipts.
9.10 Employees whose prescription glasses are damaged in the line of duty shall be
entitled to reimbursement for the cost of replacing or repairing the glasses.
A. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
B. Glasses replaced shall be of an equal or similar value to the glasses that
were damaged.
C. Any insurance benefit paid to the employee or paid by the insurance
provider toward the replacement/repair costs shall result in a reduction to
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
the amount reimbursed to the employee by the amount paid by the insurance
provider.
Example:
Cost of Eyewear/Repair $150.00
Insurance Pays $100.00
Reimbursed to employee $ 50.00
ARTICLE X — SAFETY/SAFETY BOOT PROVISIONS
10.1 The City retains the right to set and maintain safety standards in the work place.
Failure to adhere to safe work practices will be grounds for the City to take
appropriate steps to ensure compliance.
10.2 The City agrees to provide an annual boot allowance of $250, paid semi-annually as
part of the last biweekly payroll in the months ofApril and October of each year, for
all classifications in this unit.
10.3 Safety boots are defined as leather work boots with a minimum of 4" ankle
support. Employees have the option of purchasing these boots with or without steel
toes.
10.4 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
10.5 Laboratory Technicians shall be eligible to receive the safety shoe/boot allowance
to purchase water resistant shoes.
ARTICLE XI - CLASS A LICENSE
11.1 Those employees required to have a Class "A" commercial driver's license as part
of their employment will be given $600 per year, to be paid in October of each year.
ARTICLE XII — EDUCATION INCENTIVES
12.1 The City shall make available incentive pay as shown in Exhibit C & D. Effective
July 8, 1991, a $40.00 per month incentive shall be paid for each grade at or above
the minimum grades shown. An employee can earn incentive pay to a combined
maximum of $250.00 per month.
12.2 The City agrees to pay all fees charged in obtaining any license, mandatory or
voluntary certification, or recertification required in the course of his or her
employment upon successfully passing the test procedures.
12.3 The City agrees to pay $20.00 per month to two (2) Wastewater Plant Operators for
the possession of a Qualified Applicators Certificate: In the event of the separation
of one of the two, the remaining employee shall receive $40.00 per month.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
12.4 Equipment. Maintenance personnel shall be eligible for an incentive pay plan as
outlined in Exhibit D.
12.5 Equipment Mechanics are eligible to receive incentive pay of either $25.00 or
$50.00 per month for possession of Automotive Service Excellence Technician
Certificates on the following basis:
a. Only courses listed in Exhibit D will qualify towards this incentive.
b. Employees will not be paid for both certificates in cases where one is a
prerequisite of the other. For example, ASE certifications A-6, A-8 and L-1 are
required by BAR in order to obtain a smog certificate. An employee having a
BAR smog certificate will receive $50.00 for the smog certificate and the three
ASE certificates will not be counted toward the ASE certification incentives.
c. Employees will receive a total of $25.00 per month for possession of a
minimum of three (3) certificates.
d. Employees will receive a total of $50.00 per month for possession of a
minimum of eight (8) certificates.
Incentives in this subsection are limited to employees hired prior to March 21,
2012.
ARTICLE XIII — BILINGUAL PAY
13.1 Employees designated by the Department Head and approved by the City Manager
who have passed a bilingual proficiency examination administered by the City shall
receive a monthly bilingual supplement of $150.00. The City Manager has the
discretion in determining the languages that will be recognized.
ARTICLE XIV — TUITION REIMBURSEMENT
14.1 Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not eliminate this policy during the term of
this MOU.
ARTICLE XV — COURT APPEARANCES
15.1 Employees summoned by a court for jury duty shall be granted jury duty leave with
pay and may keep any jury duty compensation received. Voluntary grand jury
service such as that service in San Joaquin County is not covered by jury duty
leave.
15.2 If jury duty attendance is less than one-half of a normal working day, the employee
is expected to return to work.
15.3 If an employee has had jury duty of six hours or more during a 16 -hour period
immediately preceding the beginning of or following the end of his or her regular
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
work hours on a work day, he/she shall be given a rest period of six (6) consecutive
hours.
15.4 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half times his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employee, the Department Head must be notified in writing of the off duty
appearance within seventy-two hours after the employee is subpoenaed or otherwise
notified of the required court appearance.
ARTICLE XVI — MILEAGE COMPENSATON
16.1 Employees using their personal automobile for City business, with their department
head's approval, shall receive mileage compensation equal to that allowed by the
Internal Revenue Service. City business does not include transportation to and
from work or call backs due to emergencies, except that employees whose regular
.work station is at the White Slough Water Pollution Control Facility shall receive
mileage compensation if called back to the plant in an emergency situation.
Allowance changes shall be effective the first day of the month following the
determination of an increase by the IRS.
Chapter Z - Leaves
ARTICLE XVII — CATASTROPHIC LEAVE
17.1 Catastrophic Leave will be provided as stated in the City's current Policy. The City
will not eliminate this policy during the term of this MOU. Catastrophic Leave
may be utilized for care of an employee's qualified family members (as
identified in the City's Catastrophic Leave Policy) even if the employee participates
in Short Term Disability.
17.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any
use of Short Term Disability
ARTICLE XVIII — BEREAVEMENT LEAVE
18.1 Regular employees shall be granted 3 days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel to
and from the location of the funeral.
The immediate family shall be limited to an employee's:
spouse parent grandparent
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grandparent -in-law parent -in-law child
grandchild son-in-law daughter-in-law
stepchild foster parents brother
half-brother half-sister sister
or a more distant relative who was a member of the employee's immediate
household at the time of death.
18.2 A regular employee may use sick leave, vacation leave, or compensatory time off
to attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days.
ARTICLE XIX — HOLIDAYS
19.1 Members of this Unit shall observe the following nationally observed holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (4 hours)
Christmas Day
January 1
3`d Monday in January
3`d Monday in February
Last Monday in May
July 4
1 S` Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
Employees receive holiday pay if/when they work on the above City -recognized
national holiday
In addition, each employee shall be granted thirty-six (36) hours of holiday leave to
be taken off at a time mutually agreed upon between the employee and. the
department head. Holiday leave cannot be carried over into the following calendar
year.
Holidays which fall on the first regularly scheduled day off shall be observed on the
preceding work day. Holidays which fall on any other regularly scheduled day off
shall be observed on the next regularly scheduled work day, with the exception that
if the next regularly scheduled work day is also a holiday, the first holiday shall be
observed on the preceding work day.
19.2 Holiday time may be taken in quarter hour increments.
ARTICLE XX — LEAVES OF ABSENCE
20.1 Leave of Absence will be provided as stated in the City's Leave of Absence Policy.
The City will not eliminate this policy during the term of this MOU
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ARTICLE XXI — SICK LEAVE
21.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate
of 3.70 hours per pay period.
21.2 Sick leave may be accumulated up to an unlimited amount.
21.3 Employees will be able to use family sick leave for parents or children not residing
with the employee consistent with City policy regarding use of sick leave for
family member's illnesses.
ARTICLE XXII — VACATION LEAVE
22.1 Employees shall receive
the following vacation benefits:
Beginning with:
Date of Hire:
3.08 hrs per pay period
6th year:
4.62 hrs per pay period
12th year:
5.24 hrs per pay period
15th year:
6.16 hrs per pay period
21 st year:
6.47 hrs per pay period
22nd year:
6.78 hrs per pay period
23rd year:
7.09 hrs per pay period
24th year:
7.40 hrs per pay period
25th year & over:
7.71 hrs per pay period
22.2 If conflict arises in the scheduling of vacation of employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest City seniority. The senior employee shall receive first choice in any
scheduling period.
22.3 The maximum amount of unused vacation hours that an employee may accrue, at any
given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
employee shall stop accruing any additional vacation. Accrual will automatically
resume once the employee uses some vacation and the accrual balance falls below the
maximum accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the
maximum may be authorized by the City Manager. For all other issues regarding
Vacation Leave refer to the City's Policy on Vacation Leave.
22.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate
will be 6.16 hours per pay period.
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Chapter 3 - Insurance and Retirement
ARTICLE XXIII — MEDICAL INSURANCE
23.1 All employees are offered medical insurance for themselves and dependents
through CalPERS-Medical Plans. City shall pay 100% premium for the employee's
family category (Family, Employee+l, Single) for the lowest cost PERS HMO
available in Lodi's geographical area (excluding PORAC) as of January 1, 2014.
Employees will pay all costs for plans costing more than the amount paid by City.
23.2 If Employee selects a higher cost plan, Employee will pay the difference as a
payroll deduction.
If an employee elects not to be covered by medical insurance through the City of
Lodi, an additional:
$692.81 per month for family
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In
order to qualify for this provision, proof of group insurance must be provided to the
City.
23.3 Employees will pay one hundred percent (100%) of the change in medical costs
beginning January 2014. The baseline will be the January 2014 lowest cost PERS
HMO for the employee's family category ($657.33 for Single, $1,314.66 for
Employee +1, $1709.06 for Family.)
Effective January 1, 2015, the maximum amount the City will pay towards medical
premiums will be increased by the lower of three percent (3%) or the actual cost
increase (for the employee's applicable cap) for employees whose annual base
salary is less than $40,000.
Percentage increases shall be based upon the amounts paid by City ($657.33 for
single, $1,314.66 for Employee + 1 and $$1,709.06 for Family).
23.4 Employees shall be eligible for medical insurance from the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
23.5 The City shall pay 100% of the premiums or up to the maximum City payment
noted above for health and dental benefits for the unmarried surviving spouse and
any minor children of any members of this unit who is killed or dies during the
performance of official duties. This benefit terminates if the surviving spouse
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remarries, the children reach the age of 26, or other medical insurance becomes
available.
ARTICLE XXIV — DENTAL INSURANCE
24.1 Employees are provided fully paid family dental insurance.
24.2 Maximum benefits are $1000 for each family member enrolled in the dental plan
per calendar year. There is a $25 deductible plus co-insurance features.
ARTICLE XXV — VISION INSURANCE
25.1 The City agrees to provide a vision care plan equivalent to the VSP Plan B with a
$25.00 deductible for the employee and dependents. The entire premium shall be
paid by the City.
ARTICLE XXVI — CHIROPRACTIC INSURANCE
26.1 The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXVII — LIFE INSURANCE
27.1 The City agrees to provide a life insurance program providing an additional
$10,000 term life insurance for the employee. Said amount of insurance to reduce
to $6,500 at age 70, and to decrease to 10% at age 95. In addition, a spouse,
unmarried dependent children between the ages of 6 months and 21 years,
unmarried student dependent children aged 21 or 22, and dependent handicapped
children shall be covered for $1,500 insurance. Children between the age of 14
days and 6 months shall be provided with $150 life insurance.
ARTICLE XXVIII — LONG TERM DISABILITY
28.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences 60 days from the date of disability. Please refer to the City's Policy on
Long Term Disability.
28.2 The maximum length of coverage is three years from date of disability.
ARTICLE XXIX — WORKER'S COMPENSATION
29.1 The City and AFSCME mutually agree that when an employee is compelled to be
absent from work due to injuries or illness arising out of and in the course of his or
her employment, the City shall pay full compensation to any represented employee
who becomes eligible for benefits under Worker's Compensation laws for the
period of the time between the injury and the first day of eligibility for benefits.
With the determination that the injury or illness is compensable in accordance with
Workers' Compensation benefit criteria, the employee, upon receiving said benefits
paid by Workers' Compensation shall also receive compensation from the City in
such an amount that when added to the Workers' Compensation payment shall
equal his or her regular salary. The amount paid by the City shall, after the period
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from the date of injury and date of eligibility, be charged to the employee's sick
leave account. The employee's regular deductions shall be made from the amount
paid by the City.
ARTICLE XXX — FLEXIBLE SPENDING ACCOUNT
30.1 The City will maintain a "flexible spending account" to conform to IRS regulations
to be used for premium contributions, dependent care and/or un -reimbursable
medical payments for unit members.
30.2 The City intends to propose a Cafeteria -based benefit program in 2014 with an
effective date of January 1, 2015. This program would incorporate, but not be
limited to: medical, vision, dental, chiropractic, and life insurance. The above listed
terms of this agreement will be reopened for negotiation upon the City's
presentation of a Cafeteria plan.
The City's proposed Cafeteria Plan will offer substantially the same or better
benefits to those currently received by unit members. City shall present its plan to
AFSCME by August 1, 2014. AFSCME is not bound to accept City's proposed
plan during the term of this MOU.
ARTICLE XXXI — DEFERRED COMPENSATION PLAN
31.1 The City and AFSCME agree to the implementation of the following program
effective July 1, 1977.
31.2 The City shall match contributions by General Service employees to a deferred
compensation program up to a maximum 3.0% of the employee's gross salary.
ARTICLE XXXII — PERS
32.1 The City agrees to provide the following PERS retirement program and to pay the
employers cost for employees deemed to be "classic" employees by PERS:
a. PERS "2% at 55" full formula retirement benefits plus the following additional
options:
b. The increased ordinary disability benefits which provide under PERS a 30%
benefit after five years of service increasing to a maximum 50% benefit
(Section 21298)
c. Third level of 1959 Survivor Benefit which provides for survivors of a member
who dies prior to retirement. This benefit is in addition to the Basic Death
Benefit before retirement. (Section 21382.4).
d. Post-retirement Survivor Allowance which provides a surviving spouse with an
allowance upon the event of death after retirement. (Section 21263 and Section
21263.1 and Section 21263.3)
e. Credit for unused sick leave which provides additional service credit for unused
accumulated sick leave at time of retirement. (Section 20862.8).
f. Military Service Credit as Public Service (Section 21024).
g. Final retirement compensation based on the average monthly pay during the
highest 36 consecutive months of service.
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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h. 50% survivor continuation in the event of death after retirement.
i. Employee shall pay employee share of retirement at 7% effective December 31,
2013.
32.2 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employees by PERS under the
Public Employee Pension Reform Act of 2013 (PEPRA):
A. PERS "2% at 62" full formula retirement benefits plus the following
additional options:
B. The increased ordinary disability benefits which provide under PERS a 3 0%
benefit after five years of service increasing to a maximum 50% benefit.
C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the Basic
Death Benefit before retirement.
D. Post-retirement Survivor Allowance which provides a surviving spouse with
an allowance upon the event of death after retirement.
E. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement.
F. Military Service Credit as Public Service.
G. Final retirement compensation based on the average monthly pay during the
highest 36 consecutive months of service.
H. 50% survivor continuation in the event of death after retirement.
I. Employee shall pay employee share of retirement as calculated by PERS in
its annual actuarial valuation.
ARTICLE XXXIII — SICK LEAVE CONVERSION
33.1 For all unused sick leave balance, a represented employee with ten years of
employment with the City will receive medical coverage upon retirement (but not
upon resignation or termination) using one of the following options:
Option #1— CONVERSION
After ten years of employment with the City, 50% of the represented employee's
unused sick leave shall be converted to months of medical insurance as adjusted
herein. For each year that an employee has been employed by the City in excess of
ten years, the employee shall be entitled to add 2 '/2% to the 50% before converting
the unused sick leave to months of insurance.
EXAMPLE:
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ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS
OF UNUSED SICK LEAVE.
1800 _ 8 X 75% - 12 = 14.06 YEARS OF COVERAGE
The amount of the premium paid shall be the same as the premium paid by
the City at the time of retirement subject to the cap shown in Article XXI1I.
Any differences created by an increase in premiums must be paid for by the
employee.
In the event the retiree dies the surviving dependent(s) may purchase
medical insurance for the same period as if the employee had not died.
Option #2 — BANK
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year that
an employee has been employed in excess of 10 years, 2 %2 % will be added to the
50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS
OF UNUSED SICK LEAVE (MULTIPLICATION FACTOR - $20.00).
1800 x 75% x $20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance is gone.
In the event the retiree dies the remaining bank will be reduced by 50% and
the surviving dependent(s) may use the bank until the balance is gone.
Option #3 — CASH OUT
A retired employee may choose to receive a cash settlement for unused sick leave at
the rate of $.30 on the dollar. Under this provision, employee's sick leave balance
at the time of retirement shall be converted to dollars at the employee's current rate
of pay.
33.2 In the event an active employee dies before retirement and that employee is vested
in the sick leave conversion program, the surviving spouse will have an interest in
one-half the value of the Bank option as calculated in section 33.1.
33.3 Employees selecting option #1 or #2, who retire on a service retirement, shall have
the option of purchasing, at the employee's cost, additional medical insurance
sufficient to reach age 65.
33.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City liability as specified in Section 33.1 of this Article.
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Option#4 — PERS CREDIT
33.5 Per California Government Code, employees may receive credit for unused sick
leave. It is agreed that eight (8) hours equals one (1) day for purposes of
determining days creditable.
33.6 Employees hired after July 1, 1995 will not have the option of converting sick leave
time into medical insurance premiums or cash as referenced in options 1-3. The
only option available to these employees is Option #4, PERS credit.
33.7 Option #4 is available to all represented employees meeting PERS eligibility
requirements.
33.8 If an employee opts to utilize the provisions of Option #1, Option #2, or Option #3,
the City will report to PERS they have zero hours of unused sick leave.
Chapter 4. Union/City Issues
ARTICLE XXXIV — UNION LEAVE
34.1 Whenever any employee is absent from work as a result of a formal request by the
AFSCME to send an employee to school to be involved in union business, the City
shall pay for all regular time lost and shall be reimbursed therefore by the AFSCME
at the rate of one hundred and fifty percent (150%) of the employee's regular wage
rate.
34.2 The City agrees to provide storage space to AFSCME for union materials.
ARTICLE XXXV — DEMOTION AND LAYOFF
35.1 The classification of Maintenance Worker in the Parks, Recreation and Cultural
Services or Public Works Department will be "Y" rated if an employee is
involuntarily transferred or demoted between departments as a result of a reduction
in workforce.
35.2 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXVI - CHANGES IN MEMORANDUM
36.1 The parties agree to reopen this Memorandum and to renew meeting and conferring
on the subjects set forth herein during the term of this Memorandum only in the
event that any provision of this MOU is modified by statue, applicable regulation or
by order of Court in such a way as to affect either the employees or the City. In
such event, all remaining provisions of the MOU shall continue in full force and
effect unless and until they are also modified by statue, applicable regulation, order
of Court, or agreement of the parties.
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ARTICLE XXXVII — CITY RIGHTS
37.1 It is further understood and agreed between the parties that nothing contained in this
MOU shall be construed to waive or reduce any rights of the City, which include
but are not limited to the exclusive rights to:
• Determine the mission of its constituent departments, commissions, and
boards; to set standards of service.
• Determine the procedure and standards of selection for employment; to direct
its employees.
• Maintain the efficiency of governmental operations.
• Determine the methods, means and personnel by which government
operations are to be conducted.
• Take all necessary actions to carry out its mission in emergencies.
• Exercise complete control and discretion in the technology of performing its
work.
• City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of
work or other legitimate reasons, to take disciplinary action, and to determine
the content of job classifications; provided, however, that the exercise by the
City of the rights in this section does not preclude employees or their
recognized employee organizations from filing grievances regarding the
practical consequences that decisions on such matters may have on wages,
hours or other terms and conditions of employment.
ARTICLE XXXVIII — EMPLOYEE REPRESENTATION
38.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is
entered into between representatives of the City of Lodi (hereinafter referred to as
"City") and representatives of the Lodi Chapter of the American Federation of
State, County and Municipal Employees (hereinafter referred to as "AFSCME"),
for the Maintenance and Operators Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
results of meeting and conferring in good faith as contemplated by Sections 3500 et
seq. of the Government Code of the State of California, and further acknowledge
and agree that all matters upon which the parties reach agreement are set forth in
this MOU. Except as specifically modified by this MOU, all existing benefits
currently being furnished to employees and all existing terms and conditions of
employment are to continue in effect unless and until the parties meet and confer
regarding a change in such existing benefits, terms or conditions of employment.
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The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by AFSCME in Exhibit A.
38.2 The City shall grant dues deduction to City employees who are members of
AFSCME in accordance with the terms and conditions set forth in City of Lodi
Resolution 2011-51.
38.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
a. Union Membership — All employees covered by this Agreement shall, as a
condition of employment, become and remain members of the UNION within
30 days of employment in a covered job classification. The CITY will inform
all new hires and employees promoting into the bargaining unit of the existence
of this Collective Bargaining Agreement and the requirement to become and
maintain membership in the UNION. A UNION Officer, or designee, will be
notified within 10 business days and afforded time to meet with any employee
entering the bargaining unit in order to conduct a UNION Orientation Meeting.
b. In the event an employee covered by this Agreement fails to apply for, or
maintain their membership in the UNION, or reinstate themselves into
membership in good standing, the UNION may give the CITY written notice of
the fact and request that the employee be suspended or terminated from
employment. In such event, the CITY shall suspend or terminate the
employment of said employee, as requested, within 15 business days of receipt
of the notice.
c. Fair Share Donation — Any employee who is a member of a bona fide religion,
body, or sect who has historically held conscientious objections to joining or
financially supporting public employee organizations shall not be required to
join or financially support the UNION. Such employee shall, in lieu of Agency
Shop Fees, pay sums equal to said amount to a non -religious, non -labor United
Way charitable organization exempt from taxation under Section 501 c (3) of
the Internal Revenue Code, which has been selected by the UNION from the
local United Way. Payments shall be made by payroll deduction as a condition
of continued exceptions from the requirements of financial support to the
UNION and as a condition of continued employment. Disputes regarding the
application for this provision, by employees, shall be subject to arbitration.
d. Membership status shall remain in effect for the duration of this Agreement
except that an employee may change his or her status from UNION member not
more than 90 days or less than 60 days prior to the expiration of this Agreement.
An employee changing his or her membership status shall submit the
appropriate form to the UNION. Thereafter, the UNION will notify the CITY
of the change and the appropriate notation shall be made to the employee's
record and/or payroll deduction.
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e. The CITY shall provide the UNION, on a monthly basis, the name, home
address and department, division or work unit of employees entering or leaving
a job classification covered by this Agreement. Employees leaving or
reentering employment from Military Leave will be noted.
f. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay
of each member of the UNION covered by this Agreement, who authorized
such deductions in writing, all dues or fees levied by the UNION. The CITY
shall provide the UNION 5 business days prior to the end of the pay period an
alphabetical list of employees belonging to the UNION. The list shall contain
the amount of payroll deduction for each employee listed. The CITY agrees to
remit to the UNION on a bi-weekly basis the aggregate amount of deductions
shown on the list furnished by the UNION. A copy of the Check Off
Authorization Form signed by each employee shall be submitted by the UNION
to the CITY.
g. Payroll deductions shall be limited to the following choices:
• Union Membership Dues
• Agency Shop Fees
• AFSCME Voluntary Political Action Check Off (PEOPLE)
• Fair Share donations to the United Way Campaign
• Fair Share donations are limited to employees with religious objections.
h. The Union will comply with its legal obligation regarding the administration of
this section.
Hold Harmless — The UNION agrees to hold harmless and to indemnify the
CITY for any and all costs or legal action, which may be caused, or result from
the CITY'S compliance with this Article.
38.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subject to the operating needs of the City. Requests for such use shall be
made in advance to the appropriate department head managing the facility or
designee and shall include the date, location, time and general purpose of such
meeting. The City may establish reasonable regulations governing the use of such
facilities.
38.5 No City employee or applicant for employment shall be discriminated against in
any aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affiliations, union affiliation, age, sex or disability.
38.6 The City and AFSCME agree and understand that if any section of the MOU in any
way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor
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of the MOU language. If the MOU is silent on any issue, the applicable document
is controlling.
ARTICLE XXXIX — GRIEVANCE PROCEDURE
39.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretation or application of any of the terms and
conditions of this MOU, letters of understanding, formal interpretations and
clarification executed by AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application, or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matters of discipline which includes demotion, suspension or
discharge.
As used in this procedure, the term "party" means an employee, AFSCME, the City
or the authorized representative of any party. The employee is entitled to
representation through all steps in the grievance procedure.
39.2 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
a. Interpretation or application of any of the terms of this agreement, including
Exhibits thereto, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension or discipline of an individual employee.
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
d. Disputes which may be of a "class action" nature filed on behalf of
AFSCME or the City. Class action grievances shall be in writing from
AFSCME to the City Manager or vice versa.
39.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work days of the date of the action complained of, or the date the
grievant became aware of the incident which is the basis of the Grievance.
39.4 STEP TWO: If a grievance has not been resolved in initial step, a written
statement signed by the Grievant shall be presented to the department head which
shall include the action being grieved and the desired remedy. A discussion shall
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then take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall be
taken within fifteen (15) work days from the date of the answer in Step One.
39.5 STEP THREE: If a grievance is not resolved in Step Two, Step Three shall be
the presentation of the Grievance, in writing, by the employee or his/her
representative to the City Manager, who shall answer in writing within fifteen (15)
work days of receipt of the Grievance. This Step shall be initiated within fifteen
(15) work days of the date of the answer in Step Two.
39.6 STEP FOUR: If a grievance is not resolved by the City Manager,
arbitration shall be the final level of appeal for the grievances and discipline. It is
agreed by both parties that the decision of the arbitrator is binding and final on both
parties and that if this procedure is utilized all other avenues of appeal are waived.
If arbitration is chosen the City must be notified within fifteen (15) work days of
the City Manager's decision.
Within ten (10) working days after the request for arbitration is received by the City
or at a date mutually agreed to by the parties, the parties shall meet to select an
impartial arbitrator. If no agreement is reached at this meeting, the parties shall
immediately and jointly request the State Conciliation and Mediation Service to
submit to them a panel of five (5) arbitrators from which the City and AFSCME
shall alternately strike names until one (1) name remains; this person shall be the
arbitrator. If the State Conciliation and Mediation Service cannot provide a list of
five (5) arbitrators, the same request shall be made of the American Arbitration
Association.
To ensure that the arbitration process is as brief and economical as possible, the
following guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
C. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court reporter
required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a joint letter, the parties may submit separate letters.
/X.
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2014
The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she determines
irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limited to those determined by the arbitrator
to have a direct connection with the appeal. Witnesses normally would be
present at the hearing only while testifying and should be permitted to
testify only in the presence of the employee or his/her representative and the
employer's representative.
The arbitration hearing will be held on the employer's premises.
j. The cost of arbitration shall be borne equally by the parties. However, the
cost, if any, of cancellation or postponement shall be the financial
responsibility of the party requesting such delay unless mutually agreed by
the parties.
The decision, opinion, or award shall be based on the record developed by
the parties before and during the hearing. The decision will be in writing
and shall contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of
the MOU or the written ordinances, resolutions, rules, regulations and
procedures of the City, nor shall he/she impose any limitations or
obligations not specifically provided for under the terms of the MOU. The
arbitrator shall be without power or authority to make any decision that
requires the City or management to do an act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
39.7 Failure by either party to meet any of the aforementioned time limits as set forth in
Section 36.3, 36.4, 36.5, or 36.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
39.8 Employees may have documents (other than performance reports) relating to
absenteeism and disciplinary actions removed from their personnel files if the
incident prompting the action took place twenty-four (24) months or more previous
and no incident of a similar nature has occurred in the interim.
27
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
39.9 An employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
39.10 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XL — MUTUAL CONSENT CONTINGENCY
40.1 This MOU may be amended any time during its life upon the mutual consent of the
City and AFSCME. Such amendment must be in writing and attached to all
executed copies of this MOU.
ARTICLE XLI — NO STRIKES
41.1 The represented employees agree that they shall not strike, withhold services,
engage in "slow downs" or "sick -ins", or participate in any other concerted activity
which adversely affects job performance or City services during the term of this
MOU.
ARTICLE XLII — PROBATIONARY PERIOD
42.1 All appointments to positions in the classified service shall be subject tc a
probationary period of 12 continuous months of service. The probationary period
shall be regarded as an integral part of the examination process and shall be used to
closely observe the employee's work for securing the most effective adjustment of
an employee to his or her new duties, assignments and responsibilities in his or her
new position and for rejecting any probationary employee whose performance does
not meet required work standards. If the service of the employee is deemed to be
unsatisfactory, the employee shall be notified that he or she has not satisfactorily
completed probation.
42.2 During the probationary period, all new hires shall have all the rights and
privileges afforded to other employees, except:
a. Vacation Leave — See Article XX for vacation schedule.
b. The use of the Grievance Procedure to grieve termination.
C. The City and the employee may mutually agree to extend the probationary
period for not more than 6 months. The AFSCME shall be notified of all
extensions.
42.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position which he or she was
promoted. The seniority and status of a rejected candidate shall continue as before.
ARTICLE XLIII — PROMOTION
43.1 The City and AFSCME mutually agree it is good personnel practice to make every
effort to promote from within, consistent with the best interest of the City.
28
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
ARTICLE XLIV — SENIORITY
44.1 Seniority is defined as the total length of continuous service with the City.
Continuity of service shall not be broken and seniority shall accrue when an
employee is:
a. inducted, enlists, or is called to active duty in the Armed Forces of the
United States or service in the Merchant Marine under any Act of Congress
which provides that the employee is entitled to re-employment rights,
b. on duty with the National Guard,
C. is absent due to industrial injury,
d. on leave of absence, or
e. absent due to layoff for a period of less than twelve (12) consecutive
months.
ARTICLE XLV — SHOP STEWARDS
45.1 The AFSCME agrees to notify the City in writing as to the appointment of all shop
stewards. Shop stewards shall be required to work full time in their respective
classifications and shall not interrupt the work of other employees. A steward may,
with reasonable notice and the approval of his or her supervisor, leave the job
during working hours for reasonable period to investigate pending grievances and
to take part in the Grievance Procedure. However, no steward shall leave the job
while his or her presence is necessary in the judgment of his or her supervisor for
the safe conduct and efficiency of the operations in which he or she is engaged.
ARTICLE XLVI — STATUS
46.1 Employees shall be designated as regular, probationary, or temporary, depending
upon the purpose for which they are hired and their length of continuous service
with the City.
a. A regular employee is defined as an employee who has twelve (12) months
or more service with the City in full time employment, except as provided
for in the Rules for Personnel Administration Article XI (Probationary
Period).
b. A probationary employee is defined as an employee hired for a full time
position that has been regularly established as an authorized position and is
of indeterminate duration. A probationary employee shall receive not less
than the minimum rate for the job and shall be eligible for sick leave pay,
vacation pay, holiday pay, retirement plan participation, insurance coverage
and items of a similar nature, as he or she becomes eligible, but shall not be
given preferential consideration for promotion or transfer or be eligible for a
leave of absence. Upon completion of twelve months of continuous full
29
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
time service with the City, a probationary employee shall be given the status
of a regular employee.
C. A temporary employee is an employee hired on a full time basis to
temporarily fill a full time position (at least 32 hours per week). Temporary
employees shall attain regular status after being employed for twelve (12)
continuous months.
ARTICLE XLVII — TERM
47.1 The terms and conditions of this MOU shall continue in effect until such time as
they are superseded by a signed agreement/MOU between the City of Lodi and
AFSCME. The term of this MOU shall cover the period from January 1, 2014 to
December 31, 2014.
30
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
CLASSIFICATION PLAN
Maintenance Operators
Employees hired before 3/21/12
EXHIBIT A
Occupation 7�tle
CC
S#ep A
SO
fip B
Step C
Step D
Step E
Building Services Coordinator
85
3674.67
3858.40
4051.32
4253.89
4466.59
Chief Wastewater Plant Operator
358
5009.46
5259.93
5522.93
5799.07
6089.03
Environmental Compliance Inspector
425
4148.20
4355.61
4573.39
4802.06
5042.16
Equipment Service Worker
166
3039.45
3191.42
3350.99
3518.54
3694.47
Facilities Supervisor
78
4226.16
4437.47
4659.34
4892.31
5136.92
Fleet Services Supervisor
265
4614.03
4844.73
5086.97
5341.32
5608.38
Heavy Equipment Mechanic
264
3647.72
3830.11
4021.61
4222.69
4433.83
Laboratory Technician 1
212
3304.12
3469.33
3642.80
3824.94
4016.18
Laboratory Technician 11
213
3634.25
3815.96
4006.76
4207.10
4417.45
Lead Equipment Mechanic
266
4012.49
4213.12
4423.77
4644.96
4877.21
Maintenance Worker 1
252
2893.11
3037.84
3189.68
3349.15
3516.76
Maintenance Worker II
255
3181.89
3340.99
3508.04
3683.44
3867.61
Park Maintenance Worker 1
273
2755.52
2893.30
3037.96
3189.86
3349.35
Park Maintenance Worker II
276
3030.79
3182.32
3341.44
3508.51
3683.94
Park Maintenance Worker III
279
3333.96
3502.47
3675.69
3859.48
4052.45
Park Supervisor
270
4226.16
4437.47
4659.34
4892.31
5136.92
Parts Clerk
135
2895.08
3039.83
3191.82
3351.42
3518.99
Plant & Equipment Mechanic
430
3771.02
3959.50
4157.37
4365.17
4583.44
Senior Facilities Maintenance Worker
73
3674.67
3858.40
4051.32
4253.89
4466.59
Senior Storekeeper
77
3426.06
3597.36
3777.23
3966.09
4164.40
Street Maintenance Worker III
258
3500.47
3675.49
3859.26
4052.23
4254.84
Street Supervisor
381
4436.94
4658.79
4891.73
5136.31
5393.13
Traffic/Sign Making Worker
277
3030.79
3182.32
3341.44
3508.51
3683.94
Wastewater Plant Operator 1
361
3598.54
3778.47
3967.39
4165.76
4374.05
Wastewater Plant Operator II
360
3958.50
4156.43
4364.25
4582.46
4811.58
Wastewater Plant Operator III
362
4354.36
4572.07
4800.67
5040.71
5292.74
Water Plant Operator II
364
3958.50
4156.43
4364.25
4582.46
4811.58
Water Plant Operator 111
365
4354.36
4572.07
4800.67
5040.71
5292.74
Water/Wastewater Maintenance Worker
III
431
3500.47
3675.48
3859.27
4052.23 1
4254.84
Water/Wastewater Supervisor
429
4770.83
5009.52
5259.78
5522.93
5799.13
Welder -Mechanic
171
3647.63
3830.15
4021.68 1
4222.75
4433.87
31
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
CLASSIFICATION PLAN
Maintenance Operators
Employees hired after 3/21/12
Oecpat�n Talle0#ep
A
ate B
G
Step O
Stomp:
Environmental Compliance Inspector
425A
4181.11
4390.16
4609.67
4840.15
5082.16
Equipment Service Worker
166A
3080.58
3234.61
3396.34
3566.16
3744.47
Heavy Equipment Mechanic
264A
3812.26
4002.88
4203.02
4413.17
4633.83.
Lead Equipment Mechanic
266A
4177.03
4385.88
4605.18
4.835.44
5077.21
Plant & Equipment Mechanic
430A
4094.41
4299.13
4514.09
4739.79
4976.78
Street Maintenance Worker I
256A
2967.29
3115.65
3271.44
3435.01
3606.76
Street Maintenance Worker II
257A
3255.94.
3418.73
3589.67
3769.15
3957.61
Street Maintenance Worker III
258A
3607.42
3787.79
3977.18
4176.04
4384.84
Street Supervisor
381A
4576.80
4805.64
5045.92
5298.22
5563.13
Water/Wastewater Maintenance Worker
I
443A
2992.25
3141.86
3298.96
3463.90
3637.10
Water/Wastewater Maintenance Worker
II
444A
3319.57
3485.55
3659.83
3842.82
4034.96
Water/Wastewater Maintenance Worker
III
431A
3747.43
3934.81
4131.55
4338.12
4555.03
Water/Wastewater Supervisor
429A
5167.48
5425.85
5697.14
5982.00
1 6281.10
32
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
EXHIBIT C
INCENTIVE PAY SCHEDULE
Minimum Grade Level
1. Industrial Waste Inspector Certification
to Earn Incentive
(CWEA-4 Grade Levels)
• Laboratory Technician I & II
I
• Water/ Wastewater Supervisor
I
• Chief Wastewater Plant Operator
I
• Laboratory Services Supervisor
III
• Environmental Compliance Inspector
III
Minimum Grade Level
2. Laboratory Analyst Certification
to Earn Incentive
(CWEA or AWWA — 4 Grade Levels)
• Laboratory Technician I
I
• Laboratory Technician 11
II
• Wastewater Plant Operator I & II
I
• Environmental Compliance Inspector
II
• Chief Wastewater Plant Operator
II
• Laboratory Services Supervisor
III
Minimum Grade Level
3. Mechanical Maintenance Certification
to Earn Incentive
(CWEA — 4 Grade Levels)
• Plant and Equipment Mechanic
II
• Wastewater Plant Operator I & II
I
• Water/ Wastewater Maintenance Worker
I, II, III II
• Chief Wastewater Plant Operator
II
• Sr. Plant and Equipment Mechanic
III
• Water/ Wastewater Supervisor
II
Minimum Grade Level
4. Sewer Collection Maintenance Certification
to Earn Incentive
(CWEA — 4 Grade Levels)
• Laborer, Maintenance Worker I & II
I
(Streets or Water/ Wastewater)
• Maintenance Worker III
II
(Streets or Water/ Wastewater)
• Plant and Equipment Mechanic
II
• Sr. Plant and Equipment Mechanic
II
• Street Supervisor, Water/ Wastewater
III
Supervisor
33
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
Minimum Grade Level
5. Wastewater Treatment Plant Opr. Certification to Earn Incentive
(CSWRCB — 5 Grade Levels)
• Wastewater Plant Operator I II
• Wastewater Plant Operator II III
• Chief Wastewater Plant Operator IV
Minimum Grade Level
6. _Water Distribution Operator Certification
to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer ( Water/ Wastewater)
I
• Maintenance Worker I, II, III
II
(Water/Wastewater)
II
• Laboratory Services Supervisor
II
• Environmental Compliance Inspector
II
• Plant and Equipment Mechanic
III
• Sr. Plant & Equipment Mechanic
III
• Water/ Wastewater Supervisor
III
Minimum Grade Level
7. Water Treatment Plant 0 -or. Certification
to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer, Maintenance Worker I, II
I
(Water/ Wastewater)
• Maintenance Worker III
II
(Water/ Wastewater) .
• Laboratory Services Supervisor
II
• Environmental Compliance Inspector
II
• Plant and Equipment Mechanic
III
• Sr. Plant and Equipment Mechanic
III
• Water/ Wastewater Supervisor
III
8. Qualified Applicators Certificate
(State of California)
• Street Supervisor
• Parks Maintenance Worker III
• Parks Supervisor
• Streets Maintenance Worker I, II, III & Laborer
• Wastewater Plant Operator I
• Senior Facilities Maintenance Worker
34
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
9. Pest Control Advisor License
(State of California)
• Street Supervisor
• Parks Supervisor
• Laborer
• Parks Maintenance Worker I, II, III
• Street Maintenance Worker I, II, III
Notwithstanding the provisions of Article XII, the amount for the Pest Control Advisor
License incentive will be $50 per month.
35
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
EXHIBIT D
INCENTIVE PAY FOR EQUIPMENT MAINTENANCE EMPLOYEES
Mechanic Qualifications Smog Certificate issued by Bureau of Automotive Repair
BAR (certificate must be current, valid, unlimited) $50.00
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Class A Brake Adjustment License issued by BAR $25.00
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Class A Lamp Adiustment License issued by BAR $12.50
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Aluminum Welding Proficiency Certificate $12.50
(From a State certified welding instructor approved by the City)
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Automotive Service Excellence Technician Certifications $25.00/$50.00
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
The maximum incentive pay for Equipment Maintenance personnel shall be $150.00 per
month.
Automotive Service Excellence Technician Certifications Incentive
(Only courses listed below will qualify towards ASE incentive)
A-1 Engine Repair
A-2 Automatic Transmission/Transaxle
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
A-3
Manual Drive Train & Axles
A-4
Suspension & Steering
A-5
Brakes
A-6
Electrical/ Electronic Systems
A-7
Heating & Air Conditioning
A-8
Engine Performance
F-1 Light Vehicle Compressed Natural Gas
H-2 Transit Bus: Diesel Engines
H-3 Transit Bus: Drive Train
H-4 Transit Bus: Brakes
H-5 Transit Bus: Suspension and Steering
H-6 Transit Bus: Electrical/Electronic Systems
H-7 Transit Bus: HVAC
P-1 Med/Hvy Truck Dealership Parts
P-2 Automobile Parts
P-3 Truck Aftermarket Brake Parts
P-4 General Motors Parts Consultant
P-9 Truck Aftermarket Suspension and Steering Parts
T-1 Med/Hvy Truck: Gasoline Engines
T-2 Med/Hvy Truck: Diesel Engines
T-3 Med/Hvy Truck: Drive Train
T-4 Med/Hvy Truck: Brakes
T-5 Med/Hvy Truck: Suspension & Steering
T-6 Med/Hvy Truck: Electrical/ Electronic Systems
T-7 Med/Hvy Truck: Heating, Ventilation, & A/C
T-8 Med/Hvy Truck: Preventive Maintenance Inspection
37
Exhibit E
CITY op LOD3.
COUNCIL COMMUNICATION
fM
AGENDA "f ITLE: Adopt Resolution Amending Memorandums of Understanding with
Maintenance and Operators and General Services Bargaining Units of the
Association of Lodi City Employees to Provide Additional Pay for State
Required Certifications of Distribution Operators I and 11 (CM)
MEETING DATE:
PREPARED BY :
July 1 8,2007
Deputy City Manager'
RECOMMENDED ACTION; Approve Resolution to amend Memorandums of
Understanding (MOU) with Maintenance and Operators
and General Services Bargaining units ct The
Association of Lodi City Employees (ALCE) to provide additional pay for State -required
certifications of Distribution Operators I and li.
BACKGROUND INFORMATION: Various employees who work in the Public Works
Department Water and Wastewater operations aro
required to have certifications as either a Distribution
Operators I or li level, These certifications are required
by the State of California in order that. the City of Lodi meet Health and Safety standards. The
certification requirement was enacted several years ago, but the pay level for employees who
are required to obtain certifications was not adjusted at the same time as the requirement for
certification was enacted.
The City of Lodi and members of the Maintenance and Operators and General Service,-
bargaining
ervice;bargaining units have met, conferred and tentatively agreed to amend the MOUS to allow for
additional cornpe cation for employees for which the certification requirements apply,
The attached agreements with these bargaining units indicate the terms of these tentative
agreements as follows:
4 Base pay for- the employees as indicated in attachments A and B who are required to
obtain a level one certification will be increased by 2%.
Base pay for the employees as indicated in attachments A and B who are required to
obtain a level two certification will be increased by 4%.
a Any employee in the Central Services bargaining unit of ALOE who is required to obtain
a level one certification but obtains a level two certification will receive an $ 60 incentive
pay
Any employee in the General Services bargaining unit of ALOE who is required to obtain
a level one certification but obtains a level two certification will recelve an additional $ 60
per month in incentive pay.
APPROVED,
Blair Kflo, City Manager
C.AA/i nnf'.i
VA 61 'fil Q(1n7; 11 /lf
Any employee in the Maintenance and Operators bargaining unit of ALCL who is required
to obtain a level one certification but obtains a level two certification will receive and
additional 2% Incentive pay.
It was tentatively agreed that this would be implemented retroactively to July 1, 2006.
i=ISCAL IMPACT: The additional annual expenditurefor both of the amendments to the
MOUS totals approximately $50,000 per year.
FUNDING AVAILABLE: The additional cdsts for certification pay of preparing and mailing the
supplemental assessment will be borne by the Finance and City
Attorney's bud ;
a ' es R.. Krueger, Deputy City Manager
Attachment: Attachment A- Amendment to General Services MOU
Attachment 13- Amendment to Maintenance& OperatomMOU
39
goo/zoo[Pi xvi 81 N 600Z1111Lo
RESOLUTION NO. 2007-134
A RESOLUTION OF THE LODI CITY COUNCILAPPROVING
AMENDMENT TO MEMORANDUMS OF UNDERSTANDING
WITH THE MAINTENANCEAND OPERATORSAND GENERAL
SERVICES BARGAINING UNITS OF THE ASSOCIATION OF
LODI CITY EMPLOYEES TO PROVIDEADDITIONAL PAY FOR
STATE REQUIRED CERTIFICATIONS OF DISTRIBUTION
OPERATORS I AND H
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve an amendment to the Memorandums of Understanding with the Maintenance and
Operators and General Services bargaining units of the Association of Lodi City
Employees to provide additional pay for State required certifications of Distribution
Operators I and 11, as shown on Exhibits A and B as attached hereto; and
BE IT FURTHER RESOLVED that the amendment to the Memorandums of
Understanding shall be effectivefor the period July 1, 2006 through June 30, 2008.
Dated: July 18,2007
I hereby certify that Resolution No. 2007-134 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 18, 2007, by the following vote:
AYES: COUNCIL MEMBERS— I -Jansen, Katzaklan, Mourne, and
Mayor Johnson
NOES: COUNCIL MEMBERS-- None
ABSENT: O-OUNO1L' MEMBERS ^ Hitchcock
ABSTAIN: COUNCIL MEMBERS — None
City Clerk
2007-134
y00/£..00 P1 Vj ^81.:1'1 E00ZI)AIL0
Side letter to the Current Maintenance & Operators MOU between the City of L' o an
AFSCME Council 57, Local 145, AFI.,-CTO and its ALCE Chapter .
Whereas, the City received a letter from the State of California dated April 2002 mandating that
employees who perform certain water system related tasks obtaiui.Distribution Operator/ or
Dietributiun Operator iI certification Some of these employees are in the A $CM5 Bargaining;
unit (Maintenance & Operators).
Whereas, A.FSCME Council 57, Local 146, AFL-C(O ALCE Chapter and the City of Lodi have
resolved the this issue amicably,
Now, Therefore, be it resolved that AFSCME and the City of'Lodi agree to the following
adjustment to base pay (.PERS reportable), retroactive to July 1,2006 upon approval of the
AFSCW. - membership and the City of Lodi:
Employees in the followinRclassifications assigned to the water services (Watt;rVostemater)
division. of the Public Works Department shall receive supplemental certificationpay as listed
below for the required certifications;
City of Lodi Public Distribution Operator Certification Pay
Works Department Job Title Certification Grade Added to Base Pay
Required
Water/Wastewater Supervisor D2 .4%
Senior Plant & Equipment D2 4%
Mechanic
Plot & Equipment Mechanic , D2 4%
VVRierlwiiit cantor Mainumarcce D1 10/e
Worker III
Maintenance Worker 11 D1. 21%
Maintenance Worker I Di 2%
Laboratory Services Supervisor DI orT14' 2%
Environmental Compliance inspector D1 or Tl* 2%
''Per regulation may posses either a treatment operator certificate or a distribution operator
certificate.
Any current W V, NV MW I employees required to obtain the D 1 certification X411 continue to be
employed in his/her current classification. Oneeliefte obtams the zequxx4certificaiionhislher
salary wili be adjusted upon verification.
100 41
nnn /cnn fol
r.'N4 PI 'tit r:nn71JI/!n
Any employee, wlio obtains acertification higher that required, shall have Mother pay adjusted In
accordance with Article IV — Education Incentive of theMOU except as follows:
Personnel listed above who are required to obtain a D t (Q T1 * certificate), who obtain a D2
(4fi T2*) certificate shall receive an additional incentive of 2% (instead of $40 as stated in
Article 4, 1).
7be City will pay for the training to obtain the certificate for current and future employees per
Article 4.2 of the MO U.
Verification for current and future employees can be by letter from the State verifying obtaining the
required certificate or a copy of the certificate upon presentation to the City of Lodi. The increase to
the base pay shall commence on the day the certificate or letter is presented to the City.
The City will modify tkte respectivejob descriptionsto reflect the new requirements for the, above
job titles within ds days to ensure that all new hire employees are aware of the requirements.
By their signature below, AT`SCMF and the city agree that the resolution contained herein resolves
this issue.
AGREI✓D TO BY AI(SCMf,
COUNCH, 57
Felix Mario Huerta .lr., ,
Mark Ruggiero, Chapter President
tat
90U/500 iGJ
AGRELD TO BY THE
CITY OF LODI
Sarnes R. Xrueger, Deputy, City Manager
Richard Prima, Public Works Director
42
XVJ el '.V[ 6002/L11LO
Side letter to the Current General Services MOU between the City of Lodi and AFSCME
Council 57, Local 146, AI?L-CJO and its ALCE Chapter
Whereas, the City received a leiter from the State of California dated April 20OZ mandating that
employees who perform certain water system related tasks obtain Distribution Operator I or
Distribution Operator II certification. Some of these employees are in the AFSCME Bargaining unit
(General Services),
Whereas, AFSCME Council 57, Local 1.46, ATL -CIO ALCE Chapter and the City of Lodi have
resolved the this issue amicably.
Now, Therefore, be it resolved that AFS CME and the City of loo agreeto the following
adjustment to base pay (PERS reportable), retroactive to duly 1,2006 upon approval of the
AFSCME membership and the City of Lodi:
Employees in the following classifications assigned to the Public Works Department shall receive
supplemental certification pay as Usted below for the required certifications:
City of Lodi Public
Works Department Job Title
Public Works Inspector R
Public Works Inspector I
Senior Engineering Technician's
Distribution Operator
Certification. Grade
Required
Xaa
D1
D2 and TI
Certification Pay
Added to Mase Pay
2%
2%
4%
* Applies to one inctunbent in this classification (Bevin Gaither) who carrmtly has these
certifications, but are not required for this classification.
Any current employees required to obtain the Dt certifcationwill continue to be employedin
Ws/hex current classification, Once he/she obtains the required certification his/her salarywill be
adjusted upon verification,
The City will continue to pay for the training to obtain the certificate for current and future ^
employees.
Verification fbr =ent and future employees can be by latu3r from the State verilyinobtaining the
required certificate or a copy of the certificate upon presentation to The City of Lodi. Cie fli=aseto
the base pay shall commence on the day the Certificate cc letter is presented to the City.
The City will modify the respectivejob descriptions to reflect the new requirements for the above
job titles within 60 days to ensure that al I new hire employees are aware of the rcquiromemn.
By their signature below, AFSCME and the city agree that fit, resolution contained herein resolves
this issue.
AGREED TO BY AFSCME, AGREED TO BY THE
COUNCIL 57 CITY OF LODI,
Felix Mario fluert Jr.,
'4-o
Mark Rugglero, Chapter President
99
James R. Kmeger, Deputy, City Manager
Richard Prima, Public Works Director
43
4nnlr.nn(7,11 .
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
i—h&a&,,.- �Vi% �
Nancy V son
Chief Ne otiator
Date: 2f -cQ 7- aDl�
S erry Mor C
President
Date: c_�3 - 7 • 01 1
Linda Tremble
Vice President
Date: a�• o}E
Donnie Sanford
Vice President
Date: 3 Z
� &-�, LIA
Terri Lovell
Secretary /
Date: bi-, /I Z, -
Dan Tarnasky
MO Repres ntat' e
Date: 1 /2
Brian Longpre
MO Repre enta ive
Date: 3 1 2 -
.d
CITY OF LODI.
A MUNICIPAL CORPORATION
nradt Bartlam
City Manager
Date: 3 -Z I /Z-
—X� L
Dean Gualco
Humaneso ces Manager
Date: � • 1 - � -�r
Attest:
Randi 3011.1
City Clerk
APPROVED AS TO FORM:
D. Step en Sc wab
City Attorney
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Chris Boyer
GS Representative
Date:z+/�_
� J�j
Sand Smith`
Treasurer
Date: Z
49
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
CITY OF LODI
A MUNICIPAL CORPORATION
Nancy Vinson, Chief Negotiator
Konradt Bartlam, City Manager
Date:
Date:
Sherry Moroz, President
Jordan Ayers, Deputy City Manager
Date:
Date:
Attest:
Donnie Sanford, Exec.Vice President
Date:
Randi Johl-Olson, City Clerk
Linda Tremble, Vice President
Approved As To Form:
Date:
D. Stephen Schwabauer, City Attorney
Sandra Smith, Treasurer
Date:
Kari Chadwick, GS Representative
Date:
Brian Longpre, M&O Representative
Date:
Matt Rempfer, M&O Representative
Date:
Patsy Tucker, GS Representative
Date:
Denise Wiman, GS Representative
Date:
46
1EXHIBIF B
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
GENERAL SERVICES UNIT
January 1, 2014 - December 31, 2014
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
TABLE OF CONTENTS
CHAPTER 1— SALARIES AND OTHER COMPENSATION
Article I
Salary
4
Article II
Hours
4
Article III
Compensatory Time
5
Article IV
Overtime
5
Article V
Meals
7
Article VI
Temporary Upgrade
7
Article VII
Tools and Uniform Allowance
7
Article VIII
Safety/Safety Boot Provisions
10
Article IX
Education Incentives
11
Article X
Bilingual Pay
11
Article XI
Tuition Reimbursement
11
Article XII
Court Appearances
11
Article XIII
Mileage Compensation
12
CHAPTER 2 — LEAVES
Article XIV
Catastrophic Leave
12
Article XV
Bereavement Leave
12
Article XVI
Holidays
13
Article XVII
Leave of Absence
13
Article XVIII
Sick Leave
13
Article XIX
Vacation Leave
14
CHAPTER 3 — INSURANCE AND RETIREMENT
Article XX
Medical Insurance
Article XXI
Dental Insurance
Article XXII
Vision Insurance
Article XXIII
Chiropractic
Article XXIV
Life Insurance
Article XXV
Long Term Disability
Article XVI
Workers' Compensation
Article XXVII
Flexible Spending Account
Article XXVIII
Deferred Compensation
Article XXIX
PERS
Article XXX
Sick Leave Conversion
CHAPTER 4 — UNION / CITY ISSUES
Article XXXI
Article XXXII
Article XXXIII
Article XXXIV
Union Leave
Layoff
Changes in Memorandum
City Rights
N
14
15
15
16
16
16
16
16
17
17
18
20
20
20
20
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
Article XXXV
Employee Representation
21
Article XXXV I
Grievance Procedure
23
Article XXXVII
Mutual Consent Contingency
26
Article XXXVIII
No Strikes
26
Article XXXIX
Probationary Period
26
Article XL
Promotion
27
Article XLI
Seniority
27
Article XLII
Shop Stewards
27
Article XLIII
Status
27
Article XLIV
Term
28
Attachment A — Salary Schedule effective 01/01/14
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
Chapter 1- Salaries and Other Compensation
ARTICLE I —SALARY
1.1 All employees in the bargaining unit shall be issued a one-time restoration
payment. The base payment will be $2,300 per AFSCME employee ("Base
Payment") distributed as set forth below. The total distribution shall be calculated
as the number of AFSCME employees eligible for the one time payment on the
date of ratification times the $2,300. Employees hired on or after January 1, 2012
shall receive a $1,150 one time payment. Employees hired before January 1,
2012 shall receive $2,300 plus a pro rata share of $1,150 times the number of
people eligible for the $1,150 payment.
This payment shall be issued within two pay periods after approval of the MOU
by resolution by the Lodi City Council.
1.2 For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced Manteca
Modesto Redding Roseville Stockton Tracy Turlock
Vacaville Visalia Woodland
1.3 If any City bargaining unit, bargaining group, executive management as a group,
appointees as a group or City Council receives a salary increase or a one time
restoration payment that is greater than the Base Payment of $2,300.00 received
by AFSCME per Article 1.1 of this MOU (excluding step increases or the
equivalent), or a higher value medical and/or retirement benefit (except IBEW
retirement) applicable to all members of the group for the MOU negotiated (or
last/best/final offer imposed) that otherwise expired on November 30, 2013 or
December 31, 2013 or by resolution adopted by Council this unit will receive the
same benefit. This clause shall not be triggered as a result of a delay in
implementing the medical cap to give affected employees the opportunity to move
to a lower cost plan upon the next available open enrollment period.
ARTICLE II — HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all
represented personnel shall be eight (8) hours per day and forty (40) hours per
week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for
eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10
schedule. The lunch period shall normally commence between the third and fifth
work hour at the discretion of the Supervisor.
a. Employees of the Library may work a schedule which includes split days
off. The hours of work shall vary according to a pre -posted work schedule.
b. Parking Enforcement Assistants and Animal Control personnel shall work
a schedule which may provide at least one person to work each Saturday.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
C. Alternate work schedules may be developed by mutual agreement between
the employee and the appropriate supervisor.
2.2 Work schedules presently in effect shall remain in effect. Any change in work
hours or work days shall be a meet and confer item.
ARTICLE III — COMPENSATORY TIME
3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be at the appropriate rate for overtime worked.
3.2 The decision to elect compensatory time or overtime pay may be made each time
overtime is worked.
3.3 No more than one hundred forty-four (144) hours of compensatory time may be
carried on the books at any time.
3.4 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
3.5 Upon separation, the employee will be paid at the employee's current hourly rate
of pay or the average of the last three years, whichever is higher, for the
remaining compensatory balance.
ARTICLE IV — OVERTIME
4.1 Overtime work paid at the time and one half rate, is work performed by an
employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Section 29.1 and 29.2.
b. Time worked on a non -work day.
Time worked on a holiday will be paid at time and one-half rate. Hours worked
on a holiday, as part of an employee's regular work schedule shall be
compensated as above, plus regular straight time pay. Holiday, for overtime
purposes, is defined within the Holiday section of this MOU.
Overtime work paid at the double time rate is work performed in excess of twelve
(12) hours, between 12 midnight and 12 midnight on any given day, or for any
hours between the hours of 12 midnight and 6:00 a.m. Phone calls lasting less
than 10 minutes and does not require substantive work would be paid 1 hour at
the appropriate overtime rate. Calls more than 10 minutes would receive the
standard 3 hour callback at the appropriate overtime rate.
4.2 Employees who are required to report for prearranged work on their non -work
days or holidays shall be compensated at the overtime rate for actual hours
worked, but in no event shall they be paid for less than three (3) hours.
5
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
4.3 REST PERIOD
If an employee has worked for six (6) hours or more at the overtime rate during
the sixteen (16) hour period immediately preceding the beginning of his or her
regular work hours, on a work day, he or she shall be given a rest period of six (6)
consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
4.4 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
a. On work days .outside of regular work hours, shall be paid overtime
compensation for actual worked time in connection therewith, provided
however, that if any such employee continues to work into regular work
hours, shall be paid overtime compensation only for actual work time up to
regular work hours.
b. On non -work days or on holidays, shall be paid overtime compensation for
actual work time in connection therewith.
For the purpose of this Section, prearranged overtime work is deemed to be
work for which advance notice has been given by the end of preceding work
period on a work day.
4.5 The Animal Services Supervisor, and Assistant Animal Services Officer serve on
an on call basis on a weekly basis and shall be compensated $200 per week for
weeks they serve on call.
4.6 Call Out Pay:
A. The employees called out shall be paid at the rate of one and one half
times the straight time rate of pay for time worked on emergency calls
before 12 midnight. Time worked between 12 midnight and 6:00 am, or
in excess of twelve (12) consecutive hours between midnight and 12
midnight on any given day, shall be paid at double time.
B. The first call -out will be paid at three (3) hours minimum at the
appropriate overtime rate as defined in Article 4.6 (A) of this Agreement.
Subsequent calls on the same calendar day will be paid for actual time
worked at the appropriate overtime rate as defined in Article 4.6(A) of this
Agreement.
C. All subsequent hours worked on a call -out shall be paid at the appropriate
overtime rate per Article 4.6(A) of this Agreement.
D. Phone calls lasting less than ten (10) minutes, that do not require
substantive work to be performed, will be paid one (1) hour at the
appropriate overtime rate as defined in Article 4.6(A) of this Agreement.
6
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
Calls lasting longer than ten (10) minutes will receive the standard three
(3) hour minimum at the appropriate overtime rate as defined in Article
4.6(A) of this Agreement and any additional hours worked as defined in
Article 4.6(C) of this Agreement.
ARTICLE V — MEALS
5.1 If the City requires an employee to perform work for one and one-half (1-1/2)
hours immediately following quitting time, or if any employee is called in more
than two (2) hours immediately before regular starting time, the City shall provide
such employee with a meal. The cost of the meal not to exceed $20.00 with a
receipt. If an employee works beyond the regular quitting time, the City shall
continue to provide meals at four (4) hour intervals until the employee is
dismissed from work. The cost of such meals and the time taken to consume
them shall be at the City's expense.
5.2 When the City requires employees to work on non -work days without notice, the
City shall provide meals at intervals of four (4) hours. The first meal shall be four
(4) hours after employees report to work, providing time is allowed for an
employee to eat before reporting. If such time is not allowed, the first .meal break
shall be two (2) hours after reporting for work and at four (4) hour intervals
thereafter.
5.3 When an employee is required to perform prearranged work on non -work days
during regular work hours, he/she shall observe the lunch arrangement which
prevails on his/her work days. If such work continues after regular work hours,
the City shall provide the employee with meals in accordance with the provisions
of Section 30.1 hereof.
If the City requires an employee to perform prearranged work starting two (2)
hours or more before regular work hours on work days or non -work days, and
such employee continues to work into regular work hours, the employee shall
provide for one (1) meal on the job and the City shall provide other meals as
required by the duration of the work period. The meals provided for in this
Section shall be eaten at approximately the usual times and the usual practice
relating to lunch periods on work days shall prevail. The usual times therefore
shall be 7:00 a.m. —12:00 noon -6:30 p.m.
ARTICLE VI — TEMPORARY UPGRADE
6.1 Any employee who is assigned by the Department Head or designee to a higher
classification in the absence of the incumbent shall receive a 10% wage increase
while in this status. However, in no event shall the upgrade pay per hour exceed
the "E" step of the classification to which the employee is temporarily upgraded.
ARTICLE VII — TOOLS AND UNIFORM ALLOWANCE
7.1 The City agrees to provide all necessary uniforms and safety equipment for the
following classifications in the General Services Unit and provide a quarterly
uniform allowance of $150. The uniform allowance shall be paid quarterly as part
7
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
of the last bi-weekly payroll in the months of March, June, September, and
December.
• Administrative Clerk — Community Improvement
• Animal Services Supervisor
• Assistant Animal Services Officer
• Code Enforcement Officer
• Parking Enforcement Assistant
• Police Records Clerk
• Police Records Clerk Supervisor
• Supervising Code/Community Improvement Officer
A. The Field Services Representative and the Field Services Supervisor shall
be provided with uniforms that meet the requirements for flame retardant
clothing. Uniforms provided by the City shall include a jacket, pants, and
shirts, and appropriate rain gear. Jackets shall be replaced as needed.
Uniform service, including rental and cleaning of one uniform (shirts and
pants) per work day, will be provided to the Field Services Representative
and the Field Services Supervisor.
7.2 The City and AFSCME mutually agree that the City shall purchase appropriate
foul -weather coats and boots as deemed necessary for field personnel.
7.3 The City agrees to provide prescription safety glasses up to a maximum cost of
$251.00 per pair as required. A maximum of two pair of prescription safety
glasses will be provided by the City during employment except as indicated in 7.5
and 7.6 below.
7.4 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 charges. The employee shall submit receipts for frames and lenses to the
City of Lodi for reimbursement.
7.5 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.
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
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.
4. If safety glasses are unsafe due to normal wear and tear, the City shall
approve a replacement pair as specified above.
7.6 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
employees 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 safety
glasses unless 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.
7.7 Uniforms and safety equipment damaged in the line of duty shall be replaced or
repaired by the City.
7.8 When an employee's personal clothing is damaged in the line of duty, the
employee may request to have the item replaced or repaired at the City's expense.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
b. The City shall have the sole discretion to approve or deny the request, and
its denial shall not be grievable.
C. Repair costs shall not exceed ordinary costs and shall be limited to the
repair identified in the employees claim.
d. Items replaced shall be of similar, or the same value as the item being
replaced. The City may require the employee to forfeit the damaged item
to the City for inspection.
e. All requests for reimbursement shall be accompanied by receipts.
7.9 Employees whose prescription glasses are damaged in the line of duty shall be
entitled to reimbursement for the cost of replacing or repairing glasses.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
9
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
b. Glasses replaced shall be of an equal or similar value to the glasses that
were damaged.
C. Any insurance benefit paid to the employee or paid by the insurance
provider toward the replacement/repair costs shall result in a reduction to
the amount reimbursed to the employee by the amount paid by the
insurance provider.
Example:
Cost of Eyewear/Repair $150.00
Insurance Pays $100.00
Reimbursed to employee $ 50.00
d. All requests for reimbursement shall be accompanied by receipts.
ARTICLE VIII — SAFETY/SAFETY BOOT PROVISIONS
8.1 The City agrees to provide an annual boot allowance of $250, paid semi-annually
as part of the last biweekly payroll in the months of April and October of each
year, for the following classifications:
Building Inspector I/II
Code Enforcement Officer I/II
Engineering Technician I/II
Jr. Engineer
Public Works Inspector I/II
Sr. Engineering Technician (1) (who do inspection/survey work)
Supervising Code/Community Improvement Officer
Records Clerk
Animal Services Supervisor
Assistant Animal Services Officer
Parking Enforcement Assistant
8.2 Safety boots are defined as leather work boots with a minimum of 4" ankle
support. Employees have the option of purchasing these boots with or without
steel toes.
8.2.1 Employees who are assigned to a Lodi Police Department job site, or are
supervised by Lodi Police Department personnel, and who are required to wear a
uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi
Police Department Policy and Procedure Section 210.1C mandate. This includes
appropriate foot wear for Class B and Class A uniforms.
8.3 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
IN
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
8.4 Employees who are required to wear specific boots or shoes per any City of Lodi
Policy and Procedures mandate, must wear the appropriate footwear when
performing the duties/tasks of the assigned classification.
8.5 Employees performing duties/tasks without the prescribed appropriate footwear
may be required to vacate the job site until such time as they can return wearing
the required footwear for the classification/duties/tasks. Time spent away from
the job site for this purpose shall not be paid City of Lodi time.
ARTICLE IX — EDUCATION INCENTIVES
9.1 Employees in sub -professional engineering positions having the following
certificates will receive an additional $23.08 per pay period:
Engineer in Training
Land Surveyor in Training
Land Surveyor
9.2 The incentive in this subsection is limited to employees hired prior to the
execution of this MOU.
ARTICLE X — BILINGUAL PAY
10.1 Employees designated by the Department Head and approved by the City
Manager who have passed a bilingual proficiency examination administered by
the City shall receive a monthly bilingual supplement of $150.00. The City
Manager has the discretion in determining the languages that will be recognized.
ARTICLE XI — TUITION REIMBURSEMENT
11.1 Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not eliminate this policy during the term of
this MOU.
ARTICLE XII — COURT APPEARANCES
12.1 Employees summoned by a court for jury duty shall be granted jury duty leave
with pay and may keep any jury duty compensation received. Voluntary grand
jury service such as that service in San Joaquin County is not covered by jury
duty leave.
12.2 If jury duty attendance is less than one-half of a normal working day, the
employee is expected to return to work.
12.3 Employees assigned to shift work shall not be scheduled for regular work during
the 12 hours preceding the scheduled time for jury duty.
12.4 If an employee has had jury duty of six (6) hours or more during a sixteen (16)
hour period immediately preceding the beginning of or following the end of
his/her regular work hours on a work day, he/she will be given a rest period of six
(6) consecutive hours.
11
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
12.5 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half time his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employees, the Department Head designee must be notified in writing of the off
duty appearance within seventy-two (72) hours after the employee is subpoenaed
or otherwise notified of the required court appearance.
ARTICLE XIII — MILEAGE COMPENSATION
13.1 Employees using their personal automobile for City business, with their
Department Head's approval, shall receive mileage compensation equal to that
allowed by the Internal Revenue Service. City business does not include
transportation to and from work or call backs due to emergencies.
13.2 Allowance increases shall be effective the first day of the month following the
determination of an increase by the IRS.
Chapter 2 - Leaves
ARTICLE XIV — CATASTROPHIC LEAVE
14.1 Catastrophic Leave will be provided as stated in the City's current policy. The
City will not eliminate this policy during the term of this MOU. Catastrophic
Leave may be utilized for care of an employee's qualified family members (as
identified in the City's Catastrophic Leave Policy) even if the employee
participates in Short Term Disability.
14.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any
use of Short Term Disability.
ARTICLE XV — BEREAVEMENT LEAVE
15.1 Employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel
to and from the location of the funeral. The immediate family shall be limited to
an employee's:
spouse parent grandparent grandparent -in-law
parent -in-law child grandchild son-in-law
sister stepchild brother daughter-in-law
half-brother half-sister foster parents
or a more distant relative who was a member of the employee's immediate
household at the time of death.
12
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
15.2 A regular employee may use sick leave, vacation leave, or compensatory time off
to attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days for classifications in the
General Services Unit.
ARTICLE XVI — HOLIDAYS
16.1 Members of this Unit shall observe the following nationally observed holidays:
New Year's Day January 1
Martin Luther King, Jr. Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve (4 hours)
Christmas Day
July 4
lst Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
Employees receive holiday pay if/when they work on the above City -recognized
national holiday.
In addition, each employee shall be granted an additional thirty-six (36) hours of
holiday leave (floating holiday) to be taken off at a time mutually agreed upon
between the employee and the Department Head. Holiday leave cannot be carried
over into the following calendar year.
16.2 Holidays which fall on the first regularly scheduled day off shall be observed on
the preceding work day. Holidays which fall on any other regularly scheduled
day off shall be observed on the next regularly scheduled work day, with the
exception that if the next regularly scheduled work day is also a holiday, the first
holiday shall be observed on the preceding work day.
16.3 Bargaining unit members will be granted a day off on the Saturday and Sunday
preceding any holiday observed by the City and the Library on a Monday.
Bargaining unit members will also be granted a day off on the Saturday and
Sunday following the observance of a Saturday holiday on the preceding Friday
by the City and the Library. Bargaining unit members will also be granted a day
off on Easter Sunday.
16.4 Holiday time may be taken in quarter hour increments.
ARTICLE XVII — LEAVE OF ABSENCE
17.1 Leave of Absence will be provided as stated in the City's Leave of Absence
Policy. The City will not eliminate this policy during the term of this MOU.
ARTICLE XVIII — SICK LEAVE
18.1 Effective December 8, 2003, full time employees shall accumulate sick leave at
the rate of 3.70 hours per pay period.
13
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
18.2 Sick leave may be accumulated up to an unlimited amount.
18.3 Employees will be able to use family sick leave for parents of children not
residing with the employee consistent with City policy regarding use of family
sick leave for a family members illnesses.
ARTICLE XIX — VACATION LEAVE
19.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire:
3.08 hours per pay period
6th year
4.62 hours per pay period
12th year
5.24 hours per pay period
15thyear
6.16 hours per pay period
21 st year
6.47 hours per pay period
22nd year
6.78 hours per pay period
23`d year
7.09 hours per pay period
24' year
7.40 hours per pay period
25' year & over
7.71 hours per pay period
19.2 If a conflict arises in the scheduling of vacations for employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest seniority. The senior employee shall receive first choice in any
scheduling period.
19.3 For all persons hired after September 1, 1995 the maximum vacation accrual will
be 6.16 hours per pay period.
19.4 The maximum amount of unused vacation hours that an employee may accrue, at
any given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount,
the employee shall stop accruing any additional vacation. Accrual will
automatically resume once the employee uses some vacation and the accrual
balance falls below the maximum accrual amount.
Chapter 3 — Insurance and Retirement
ARTICLE XX —MEDICAL INSURANCE
20.1 All employees are offered medical insurance for themselves and dependents
through Cal PERS-Medical Plans. City shall pay 100% premium for the
employee's family category (Family, Employee+l, Single) for the lowest cost
PERS HMO available in Lodi's geographical area (excluding PORAC) as of
January 1, 2014. Employees will pay all costs for plans costing more than the
amount paid by City.
20.2 If employee selects a higher cost plan, employee will pay the difference as a
payroll deduction.
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If an employee elects not to be covered by medical insurance through the City of
Lodi, an additional:
$692.81 per month for family
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In
order to qualify for this provision, proof of group insurance must be provided to
the City.
Employees will pay one hundred percent (100%) of the change in medical costs
after January 1, 2014. The baseline will be the January 1, 2014 lowest cost PERS
HMO for the employee's family category ($657.33 for single, $1,314.66 for
Employee +l, $1,709.06 for Family).
20.3 Effective January 1, 2015, the maximum amount the City will pay towards
medical premiums will be increased by the lower of three percent (3%) or the
actual cost increase (for the employee's applicable cap) for employees whose
annual base salary is less than $40,000.
Percentage increases shall be based upon the amounts paid by City ($657.33 for
Single, $1,314.66 for Employee +1, $1,709.06 for Family).
20.4 Employees shall be eligible for medical insurance the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
20.5 The City shall pay 100% of the premiums or up to the maximum City payment
noted above for health and dental benefits for the unmarried surviving spouse and
any minor children of any member of this unit who is killed or dies during the
performance of official duties. This benefit terminates if the surviving spouse
remarries, the children reach the age of 26, or other medical insurance becomes
available.
ARTICLE XXI — DENTAL INSURANCE
21.1 Employees are provided fully paid family dental insurance.
21.2 Maximum benefits are $1,000 for each family member enrolled in the dental plan,
per calendar year. There is a $25 deductible plus co-insurance features.
ARTICLE XXII — VISION INSURANCE
22.1 The City agrees to provide a vision care plan equivalent to the VSP Plan B with a
$25.00 deductible for the employee and dependents. The entire premium shall be
paid by the City.
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ARTICLE XXIII — CHIROPRACTIC
23.1 The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXIV — LIFE INSURANCE
24.1 A life insurance program providing $10,000 term life insurance which includes a
$10,000 Accidental Death and Dismemberment coverage for the employee. Said
amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at
age 75. In addition, a spouse, unmarried dependent children between the ages of
6 months and 21 years, unmarried student dependent children to 23`d birthday, and
dependent handicapped children shall be covered for $1,500 insurance. Children
under 6 months shall be provided with $150 life insurance.
The City will provide an additional $25,000 of Accidental Death and Dismemberment
insurance for each member in the General Services Unit.
ARTICLE XXV — LONG TERM DISABILITY
25.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences sixty (60) days from the date of disability. Please refer to the City's
Policy on Long Term Disability.
25.2 The maximum length of coverage is three (3) years from date of disability.
ARTICLE XXVI — WORKERS' COMPENSATION
26.1 The City and AFSCME mutually agree that when an employee is compelled to be
absent from work due to injuries or illness arising out of and in the course of his
or her employment, the City shall pay full compensation to any represented
employee who becomes eligible for benefits under Workers' Compensation laws
for the period of the time between the injury and the first day of eligibility for
benefits. With the determination that the injury or illness is compensable in
accordance with Workers' Compensation benefit criteria, the employees upon
receiving said benefits such paid by Workers' Compensation shall also receive
compensation from the City in an amount that when added to the Workers'
Compensation payment shall equal the employees regular salary. The amount
paid by the City shall, after the period from the date of injury and date of
eligibility, be charged to the employee's sick leave account. The employee's
regular deductions shall be made from the amount paid by the City.
ARTICLE XXVII — FLEXIBLE SPENDING ACCOUNT
27.1 The City will maintain a "flexible spending account" to conform to IRS
regulations to be used for premium contributions, dependent care and/or un -
reimbursable medical payments for unit members.
27.2 The City intends to propose a Cafeteria -based benefit program in 2014 with an
effective date of January 1, 2015. This program would incorporate, but not be
limited to: medical, vision, dental, chiropractic, and life insurance. The above
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listed terms of this agreement will be reopened for negotiation upon the City's
presentation of a Cafeteria Plan.
The City's proposed Cafeteria Plan will offer substantially the same or better
benefits to those currently received by unit members. City shall present its plan to
AFSCME by August 1, 2014. AFSCME is not bound to accept City's proposed
plan during the term of this MOU.
ARTICLE XXVIII — DEFERRED COMPENSATION
28.1 The City shall match contributions by General Service employees to a deferred
compensation program up to a maximum of 3.0% of the employee's gross salary.
ARTICLE XXIX — PERS
29.1 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "classic" employees by PERS:
a. PERS "2% at 55" full formula retirement benefits plus the following
additional options:
b. The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 501/o
benefit (Section 21298).
C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement. (Section 21382.4).
d. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement. (Section 21263
and Section 21263.1 and 21263.3).
e. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement. (Section 20862.8).
f. Military Service Credit as Public Service (Section 21024).
g. Final retirement compensation based on the average monthly pay during
the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement.
i. Employee shall pay employee share of retirement at 7% effective
December 31, 2013.
29.2 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employees by PERS under
the Public Employees Pension Reform Act of 2013 (PEPRA):
A. PERS "2% at 62" full formula retirement benefits plus the following
additional options:
B. The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 50%
benefit.
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C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement.
D. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement.
E. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement.
F. Military Service Credit as Public Service.
G. Final retirement compensation based on the average monthly pay during
the highest 36 consecutive months of service.
H. 50% survivor continuation in the event of death after retirement.
Employee shall pay employee share of retirement as calculated by PERS
in its annual actuarial valuation.
ARTICLE XXX — SICK LEAVE CONVERSION
30.1 For all unused sick leave, a represented employee with ten (10) years of
employment with the City shall receive medical insurance coverage upon
retirement (but not upon resignation or termination) using one of the following
options:
Option #1— Conversion
After ten (10) years of employment with the City, 50% of the represented
employee's unused sick leave shall be converted to months of medical insurance
as adjusted herein. For each year that an employee has been employed by the
City in excess of ten (10) years, the employee shall be entitled to add 2.5% to the
50% before converting the unused sick leave to months of insurance.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave.
1800 - 8 x 75% _ 12 = 14.06 years of coverage
The amount of the premium paid shall be the same as the premium paid by the
City at the time of retirement subject to the cap shown in Article XX. Any
differences created by an increase in premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical
insurance for the same period as if the employee had not died.
Option #2 —Bank
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year
that an employee has been employed in excess of 10 years, 2.5% will be added to
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the 50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave
(multiplication factor - $20.00).
1800 x 75% x 20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance in gone.
In the event the retiree dies, the remaining bank will be reduced by 50% and the
surviving dependent(s) may use the bank until the balance is gone.
Option #3 — Cash Out
A retired employee may choose to receive a cash settlement for unused sick leave
at the rate of $.30 on the dollar. Under this provision, employee's sick leave
balance at the time of retirement shall be converted to dollars at the employee's
current rate of pay.
30.2 In the event an active employee dies before retirement and that employee is
vested in the sick leave conversion program, the surviving spouse will have an
interest in one-half the value of the Bank option as calculated in section 30.1.
30.3 Employees selecting option #1 or #2, who retire on a service retirement shall have
the option of purchasing at the employee's cost additional medical insurance
sufficient to reach age 65.
30.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City's liability as specified in Section 30.1 of this Article.
Option #4 — PERS Credit
30.5 Per the California Government Code, employees may receive credit for unused
sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of
determining days creditable.
30.6 Employees hired after July 1, 1995 will not have the option of converting sick
leave time into medical insurance premiums or cash as referenced in options 1-3.
The only option available to these employees is Option #4, PERS credit.
30.7 Option #4 is available to all represented employees meeting PERS eligibility
requirements.
30.8 If an employee opts to utilize the provisions of Option 91, Option #2, or Option
#3, the City will report to PERS they have zero hours of unused sick leave.
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Chapter 4 — Union / City Issues
ARTICLE XXXI — UNION LEAVE
31.1 Whenever any employee is absent from work as a result of a formal request by
AFSCME to send an employee to school to be involved in Association business,
the City shall pay for all regular time lost and shall be reimbursed therefore by
AFSCME at the rate of one hundred and fifty percent (150%) of the employee's
regular wage rate.
31.2 The City agrees to provide storage space to AFSCME for association materials.
ARTICLE XXXII — LAYOFF
32.1 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXIII — CHANGES IN MEMORANDUM
33.1 The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any
provision of this MOU is modified by statute, applicable regulation or by order of
Court in such a way as to affect either the employees or the City. In such event,
all remaining provisions of the MOU would continue in full force and effect
unless and until they are also modified by statute, applicable regulation or order of
Court, or agreement of the parties.
ARTICLE XXXIV — CITY RIGHTS
34.1 It is understood and agreed between the parties that nothing contained in this
Memorandum shall be construed to waive or reduce any rights of the City, which
include, but are not limited to the exclusive rights to:
■ Determine the mission of its constituent departments, commissions and
boards.
• Set standards of service.
• Determine the procedures and standards of selection for employment.
• Direct its employees.
• Maintain the efficiency of governmental operations; to determine the
methods, means and personnel by which government operations are to be
conducted.
• Take all necessary actions to carry out its mission in emergencies.
• Exercise complete control and discretion in the technology of performing
its work.
City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of work
or other legitimate reasons, to take disciplinary action, and to determine the
content of job classifications; provided, however, that the exercise by the City of
the rights in this section does not preclude employees or their recognized
employees organizations from filing grievances regarding the practical
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consequences that decisions on such matters may have on wages, hours or other
terms and conditions of employment.
ARTICLE XXXV — EMPLOYEE REPRESENTATION
35.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered
into between representatives of the City of Lodi (hereinafter referred to as City)
and representatives of the Lodi Chapter of the American Federation of State,
County and Municipal Employees (AFSCME) for the General Services Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Sections 3500
et seq. of the Government Code of the State of California, and further
acknowledge and agree that all matters upon which the parties reached agreement
are set forth in this MOU. Except as specifically modified by this MOU, all
existing benefits currently being furnished to employees and all existing terms
and conditions of employment are to continue in effect unless and until the parties
meet and confer regarding a change in such existing benefits, terms or conditions
of employment.
The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by AFSCME in Exhibit A.
35.2 The City shall grant dues deduction to City employees who are members of
AFSCME in accordance with the terms and conditions set forth in City of Lodi
Resolution 2011-51
AFSCME shall indemnify, defend, and hold the City of Lodi harmless against any
claims made and against any suit instituted against the City of Lodi on account of
check -off of said employee organization's dues. In addition, AFSCME shall
refund to the City of Lodi any amounts paid to it in error upon presentation of
supporting evidence.
35.3 UNION SECURITY MEMBERSHIP AND DUES CHECK OFF
Union Membership — All employees covered by this Agreement shall, as a
condition of employment, become and remain members of the UNION within 30
days of employment in a covered job classification. The CITY will inform all
new hires and employees promoting into the bargaining unit of the existence of
this Collective Bargaining Agreement and the requirement to become and
maintain membership in the UNION. A UNION Officer, or designee, will be
notified within 10 business days and afforded time to meet with any employee
entering the bargaining unit in order to conduct a UNION Orientation Meeting.
In the event an employee covered by this Agreement fails to apply for, or
maintain their membership in the UNION, or reinstate themselves into
membership in good standing, the UNION may give the CITY written notice of
the fact and request that the employee be suspended or terminated from
employment. In such event, the CITY shall suspend or terminate the employment
of said employee, as requested, within 15 business days of receipt of the notice.
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Fair Share Donation — Any employee who is a member of a bona fide religion,
body, or sect who has historically held conscientious objections to joining or
financially supporting public employee organizations shall not be required to join
or financially support the UNION. Such employee shall, in lieu of Agency Shop
Fees, pay sums equal to said amount to a non -religious, non -labor United Way
charitable organization exempt from taxation under Section 501 c (3) of the
Internal Revenue Code, which has been selected by the UNION from the local
United Way. Payments shall be made by payroll deduction as a condition of
continued exceptions from the requirements of financial support to the UNION
and as a condition of continued employment. Disputes regarding the application
for this provision, by employees, shall be subject to arbitration
Membership status shall remain in effect for the duration of this Agreement
except that an employee may change his or her status from UNION member not
more than 90 days or less than 60 days prior to the expiration of this Agreement.
An employee changing his or her membership status shall submit the appropriate
form to the UNION. Thereafter, the UNION will notify the CITY of the change
and the appropriate notation shall be made to the employee's record and/or
payroll deduction.
The CITY shall provide the UNION, on a monthly basis, the name, home address
and department, division or work unit of employees entering or leaving a job
classification covered by this Agreement. Employees leaving or reentering
employment from Military Leave will be noted.
Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay
of each member of the UNION covered by this Agreement, who authorized such
deductions in writing, all dues or fees levied by the UNION. The CITY shall
provide the UNION 5 business days prior to the end of the pay period an
alphabetical list of employees belonging to the UNION. The list shall contain the
amount of payroll deduction for each employee listed. The CITY agrees to remit
to the UNION on a bi-weekly basis the aggregate amount of deductions shown on
the list furnished by the UNION. A copy of the Check Off Authorization Form
signed by each employee shall be submitted by the UNION to the CITY.
Payroll deductions shall be limited to the following choices:
• Union Membership Dues
• Agency Shop Fees
• AFSCME Voluntary Political Action Check Off (PEOPLE)
• Fair Share donations to the United Way Campaign
Fair Share donations are limited to employees with religious objections.
The Union will comply with its legal obligation regarding the administration of
this section.
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Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY
for any and all costs or legal action, which may be caused, or result from the
CITY'S compliance with this Article.
35.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subject to the operating needs of the City. Requests for such use shall
be made in advance to the appropriate Department Dead or designee and shall
include the date, location, time and general purpose of such meeting. The City
may establish reasonable regulations governing the use of such facilities.
35.5 No City employee or applicant for employment shall be discriminated against any
aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affiliations, union affiliation, age, sex or disability.
35.6 The City and AFSCME agree and understand that if any section of the MOU in
any way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in
favor of the MOU language. If the MOU is silent on any issue, the applicable
document is controlling.
ARTICLE XXXVI — GRIEVANCE PROCEDURE
36.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretations and clarifications executed by
AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matter of discipline which includes demotion, suspension or
discharge.
As used in procedure, the term "PARTY" means an employee, AFSCME, the
City or the authorized representative of any party. The employee is entitled to
representation through all steps in the procedure.
36.2 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
a. Interpretation or application of any of the terms of this MOU, including
Exhibits thereto, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension, or discipline of an individual employee.
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C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
d. Disputes which may be of a "class action" nature filed on behalf of
AFSCME or the City. Class action grievances shall be in writing from
AFSCME to the City Manager or vice versa.
36.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work days of the date of the action complained of, or the date the
Grievant became aware of the incident which is the basis of the Grievance.
36.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement
signed by the Grievant shall be presented to the department head which shall
include the action being grieved and the desired remedy. A discussion shall then
take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall
be taken within fifteen (15) work days of the date the department head receives
the written statement.
36.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall
be the presentation of the Grievance, in writing, by the employee or his or her
representative to the City Manager, who shall answer in writing within fifteen
(15) work days of receipt of the Grievance. This Step shall be initiated within
fifteen (15) work days of the date of the answer in STEP TWO.
36.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration
shall be the final level of appeal for grievances and discipline. It is agreed by
both parties that the decision of the arbitrator is binding and final on both parties
and that if this procedure is utilized all other avenues of appeal are waived. If
arbitration is chosen the City must be notified within fifteen (15) work days of the
City Manager's decision.
Within ten (10) working days after the request for arbitration is received by the
City or at a date mutually agreed to by the parties, the parties shall meet to select
an impartial arbitrator. If no agreement is reached at this meeting, the parties
shall immediately and jointly request the State Conciliation and Mediation
Service to submit to them a panel of five arbitrators from which the City and
AFSCME shall alternately strike names until one name remains; this person shall
be the arbitrator. If the State Conciliation and Mediation Service cannot provide a
list of five arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as possible, the
following guide lines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
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b. Both parties and the arbitrator may tape record the hearing.
C. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court
reporter required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a joint letter, the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses normally
would be present at the hearing only while testifying and should be
permitted to testify only in the presence of the employee or his/her
representative and the employer's representative.
i. The arbitration hearing will be held on the employer's premises.
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 parry requesting such delay unless mutually agreed by
the parties.
The decision, opinion, or award shall be based on the record developed by the
parties before and during the hearing. The decision will be in writing and shall
contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of the
MOU or the written ordinances, resolutions, rules, regulations and procedures of
the City, nor shall he/she impose any limitations or obligations not specifically
provided for under the terms of the MOU. The arbitrator shall be without power
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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.
36.7 Failure by either party to meet any of the aforementioned time limits as set forth
in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either parry as
evidence in the settlement of subsequent grievances.
36.8 An employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
36.9 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XXXVII — MUTUAL CONSENT CONTINGENCY
37.1 This MOU may be amended any time during its life upon the mutual consent of
the City and AFSCME. Such amendment must be in writing and attached to all
executed copies of this MOU.
ARTICLE XXXVIII — NO STRIKES
38.1 The represented employees agree that they shall not strike, withhold services,
engage in "slow downs" or "sick -ins" or participate in any other concerted
activity which adversely affects job performance or City services during the term
of this MOU.
ARTICLE XXXIX — PROBATIONARY PERIOD
39.1 All appointments to positions in the classified service shall be subject to a
probationary period of twelve (12) continuous months of service. The
probationary period shall be regarded as an integral part of the examination
process and shall be used to closely observe the employee's work for securing the
most effective adjustment of an employee to his/her new duties, assignments and
responsibilities in his/her new position and for rejecting any probationary
employee whose performance does not meet required work standards. If the
service of the employee is deemed to be unsatisfactory, the employee shall be
notified that he/she has not satisfactorily completed probation.
39.2 During the probationary period, all new hires shall have the rights and privileges
afforded to other employees, except:
a. Vacation Leave — See Article XIX for vacation schedule.
b. The use of the Grievance Procedure to grieve termination.
C. The City and the employee may mutually agree to extend the probationary
period for not more than six (6) months. AFSCME shall be notified of all
extensions.
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d. Probation shall be extended for the same time as any leaves of absence.
39.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position from which he/she
was promoted unless he/she is discharged. The seniority and status of a rejected
candidate shall continue as before.
ARTICLE XL — PROMOTION
40.1 The City and AFSCME mutually agree it is good personnel practice to make
every effort to promote from within consistent with the best interests of the City.
ARTICLE XLI - SENIORITY
41.1 Seniority is defined as the total length of continuous service with the City.
Continuity of service shall not be broken and seniority shall accrue when an
employee is:
a. Inducted, enlists, or is called to active duty in the Armed Forces of the
United States or service in the Merchant Marine under any Act of
Congress which provides that the employee is entitled to re-employment
rights.
b. On duty with the National Guard.
C. Is absent due to industrial disability.
d. On leave of absence.
e. Absent due to layoff for a period of less than twelve (12) consecutive
months.
ARTICLE XLII — SHOP STEWARDS
42.1 AFSCME agrees to notify the City in writing as to the appointment of all shop
stewards. Shop stewards shall be required to work full time in their respective
classifications and shall not interrupt the work of other employees. A steward
may, with reasonable notice and approval of his or her supervisor, leave the job
during working hours for reasonable periods to investigate pending grievances
and to take part in the Grievance Procedure. However, no steward shall leave the
job while his presence is necessary in the judgment of his/her supervisor for the
safe conduct and efficiency of the operations in which he/she is engaged.
ARTICLE XLIII — STATUS
43.1 Employees shall be designated as regular, probationary, or temporary, depending
upon the purpose for which they are hired and their length of continuous service with the
City.
a. A regular employee is defined as an employee who has twelve (12)
months or more service with the City in full time employment, except as
27
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
provided for in the Rules for Personnel Administration, Article XI
(Probationary Period).
b. A probationary employee is defined as an employee hired for a full time
position that has been regularly established as an authorized position and
is of indeterminate duration. A probationary employee shall receive not
less than the minimum rate for the job and shall be eligible for sick leave
pay, vacation pay, holiday pay, retirement plan participation, insurance
coverage and items of a similar nature, as he/she becomes eligible, but
shall not be given preferential consideration for promotion or transfer or
be eligible for a leave of absence. Upon completion of twelve (12) month
of continuous full time service with the City, a probationary employee
shall be given the status of a regular employee.
C. A temporary employee is an employee hired on a full time basis to fill a
full time position (at least 32 hours per week). Temporary employees
shall attain regular status after being employed for twelve (12) continuous
months.
ARTICLE XLIV — TERM
44.1 The terms and conditions of this MOU shall continue in effect until such time as
they are superseded by a signed agreement/MOU between the City of Lodi and
AFSCME. The parties agree as follows:
TERM: Covering the period from January 1, 2014 through December 31, 2014
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
ATTACHMENT A
SALARY SCHEDULE - GS
Effective January 1, 2014
Occupation Title
'<OCC
Step a4
Step.B.,
, Step C
Step D+
Step
Accounting Clerk
3
2834.48
2976.20
3125.01
3281.26
3445.33
Administrative Clerk
372
2566.79
2695.13
2829.89
2971.38
3119.95
Administrative Secretary
376
3414.27
3584.99
3764.24
3952.45
4150.07
Animal Services Supervisor
25
3331.07
3497.63
3672.51
3856.13
4048.94
Assistant Animal Services Officer
39
2896.66
3041.49
3193.57
3353.25
3520.91
Building Inspector 1
74
3942.37
4129.79
4336.28
4553.10
4780.75
Building Inspector 11
75
4326.45
4542.77
4769.91
5008.41
5258.83
Code Enforcement Officer
107
4120.43
4326.45
4542.77
4769.91
5008.41
Customer Service Representative 1
354
2576.81
2705.65
2840.93
2982.97
3132.12
Customer Service Representative II
353
2834.48
2976.20
3125.01
3281.26
3445.33
Engineering Technician 1
157
3970.52
4169.04
4377.49
4596.37
4826.19
Engineering Technician II
159
4367.57
4585.94
4815.24
5056.00
5308.80
Field Services Representative
36
3504.16
3679.37
3863.34
4056.51
4259.33
Field Services Supervisor
35
4033.72
4235.41
4447.18
4669.53
4903.01
Finance Technician
355
3429.72
3601.21
3781.27
3970.34
4168.85
Information Systems Specialist
127
3895.39
4090.17
4294.94
4509.40
4734.87
Junior Engineer
207
4804.32
5044.54
5296.76
5561.60
5839.68
Junior Planner
210
3920.74
4116.77
4322.61
4538.74
4765.68
Library Assistant
228
2695.14
2829.89
2971.39
3119.96
3275.95
Meter Reader
267
3188.71
3348.14
3515.55
3691.33
3875.89
Network Technician
426
4671.51
4905.09
5150.34
5407.86
5678.26
Parking Enforcement Assistant
288
2918.97
3064.92
3218.17
3379.08
3548.03
Parks Project Coordinator
271
4804.32
5044.54
5296.76
5561.60
5839.68
Permit Technician
69
3242.65
3404.82
3575.06
3753.82
3941.51
Program Coordinator
286
2999.32
3149.28
3306.74
3472.08
3645.69
Public Works Inspector 1
320
3933.14
4129.79
4336.28
4553.10
4780.75
Public Works Inspector 11
321
4326.45
4542.77
4769.91
5008.41
5258.83
Senior Administrative Clerk
375
2823.47
2964.64
3112.88
3268.52
3431.95
Senior Engineering Technician
161
4804.32
5044.54
5296.76
5561.60
5839.68
Senior Library Assistant
231
2964.64
3112.88
3268.52
3431.95
3603.54
Senior Police Administrative Clerk
315
2988.78
3138.23
3295.13
3459.88
3632.88
Supervising Customer Service
Representative
346
3429.72
3601.21
3781.27
3970.34
4168.85
Water Services Technician 1
427
4664.39
4897.61
5142.49
5399.61
5669.59
Water Services Technician 11
428
5130.82 1
5387.36
5656.73
5939.57
6236.55
29
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Nancy Vinson, Chief Negotiator
Date:
Sherry Moroz, President
Date:
Donnie Sanford, Exec.Vice President
Date:
Linda Tremble, Vice President
Date:
Sandra Smith, Treasurer
Date:
Kari Chadwick, GS Representative
Date:
Brian Longpre, M&O Representative
Date:
Matt Rempfer, M&O Representative
Date:
Patsy Tucker, GS Representative
Date:
Denise Wiman, GS Representative
Date:
30
CITY OF LODI
A MUNICIPAL CORPORATION
Konradt Bartlam, City Manager
Date:
Jordan Ayers, Deputy City Manager
Date:
Attest:
Randi Johl-Olson, City Clerk
Approved As To Form:
D. Stephen Schwabauer, City Attorney