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HomeMy WebLinkAboutAgenda Report - June 17, 2015 I-03 SMAGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolutions Approving the Memorandums of Understanding between the City of Lodi and AFSCME (General Services and Maintenance & Operators Units) for the Period January 1, 2015 through December 31, 2017, Extending Certain Provisions to Confidential General Services Employees and Appropriating Funds ($59,209) MEETING DATE: June 17, 2015 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolutions approving the Memorandums of Understanding between the City of Lodi and AFSCME (General Services and Maintenance & Operators Units for the Period January 1, 2015 through December 31, 2017, extending certain provisions to Confidential General Services employees and appropriating funds ($59,209). BACKGROUND INFORMATION: Representatives from the City and AFSCME have reached tentative agreements on new Memorandums of Understanding (MOU), subject to the approval of Council. A redline strikeout version of each MOU is attached for Council review and approval, These redline versions also reflect language clean-up and edits desired by both the City and AFSCME- A summary of the key changes to the MOU are as follows: GENERAL SERVICES • The term of the MOU shall be from January 1, 2015 through December 31, 2017. • Effective January 5, 2015, and following City Council approval, the City agrees to provide a 3 percent Cost of Living Adjustment (COLA), a 2 percent COLA effective the first full pay period in calendar year 2016, and a 2 percent COLA effective the first full pay period in calendar year 2017. • A one-time bank of 40 hours of cashable leave. • Notary Public incentive of $40 per month. • Increase the overtime meal allowance from $20 to $25 and process through payroll. • Increase the maximum accrual of Compensatory Time Off (CTO) to 184 hours and allow cash out. • The maximum amount the City will pay towards medical premiums will be increased by the lower of 3% or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $42,100 for calendar year 2016 and $43,000 for calendar year 2017. APPROVED: to en c a er, ity Manager MAINTENANCE & OPERATORS • The term of the MOU shall be from January 1, 2015 through December 31, 2017. ■ Effective January 5, 2015, and following City Council approval, the City agrees to provide a 3 percent Cost of Living Adjustment (COLA), a 2 percent COLA effective the first full pay period in calendar year 2016, and a 2 percent COLA effective the first full pay period in calendar year 2017. • A one-time bank of 40 hours of cashable leave. • Notary Public incentive of $40 per month. • Increase the overtime meal allowance from $20 to $25 and process through payroll. • Increase the maximum accrual of Compensatory Time Off (CTO) to 184 hours and allow cash out. ■ Add two (2) Surface Water Treatment Operators to eligibility for Applicators incentive. • The maximum amount the City will pay towards medical premiums will be increased by the lower of 3% or the actual cost increase (for the employee's applicable cap) for employees those whose annual base salary is less than $42,100 for calendar year 2016 and $43,000 for calendar year 2017. In addition, the City and AFSCME agree to reopen discussions regarding the City's contribution to medical premiums in calendar years 2016 and 2017 and for discussions on uniform allowance. The City and the union also agree to work with members of AFSCME and the Public Works department to amend job descriptions to include required certifications for Water and Wastewater positions and to adjust salaries eliminating dual salary tables. CONFIDENTIAL GENERAL SERVICES EMPLOYEES Historically, the City Council has treated the confidential (unrepresented) employees in the same manner as their represented counterparts. On April 15, 2015, Council approved a pay package for confidential employees that included Cost of Living Adjustments of 3 percent for calendar year 2015, and 2 percent for calendar years 2016 and 2017. The following provisions of the General Services agreement are extended to those in confidential status: • A one-time bank of 40 hours of cashable leave. ■ Notary Public incentive of $40 per month. Increase the overtime meal allowance from $20 to $25 and process through payroll. ■ Increase the maximum accrual of Compensatory Time Off (CTO) to 184 hours and allow cash out. + The maximum amount the City will pay towards medical premiums will be increased by the lower of 3% or the actual cost increase (for the employee's applicable cap) for employees those whose annual base salary is less than $42,100 for calendar year 2016 and $43,000 for calendar year 2017. Lodi's employees agreed to voluntary decreases in total compensation in every year from 2009 through 2012. When the 2012 MOUs expired, Lodi's miscellaneous employees agreed to a permanent reduction in total compensation of seven percent. These voluntary employee reductions allowed the City to survive the Great Recession, stabilize its weak reserve and perform needed capital improvements. During this same period, the cost of living has increased by 11.8 percent (San Francisco -Oakland -San Jose CPI -U). Most City employees have not seen an increase in base pay since 2007 or 2008 depending upon bargaining unit. The City is now in a position to grant a small increase in base pay as a result of increased revenues and prudent expense management. The base pay increases are structured in such a fashion that they are sustainable over the term of the agreement from current reserves in excess of the Council -approved General Fund reserve target. Funding for the final year of the agreement assumes that revenues and expenditures will match current City projections. Lodi certainly faces funding challenges ahead and must plan for them. It also faces continued fiscal stress to a work force that contributed significantly to addressing the fiscal impact of the Great Recession. Although the current excess over our reserve target could certainly be invested in other fashions, staff believes that investing in our employees is the most appropriate use of these funds. Staff recommends that the Council approve the MOUs between the City and AFSCME and extend similar provisions to the confidential employees. FISCAL IMPACT: Total cost of the proposed agreement is $2,020,439 of which $232,674 is applicable to FY 2014/15; $568,041 is applicable to FY 2015/16; $777,546 is applicable to FY 2016/17; and $442,178 is applicable to FY 2017/18. The FY 2014/15 component of this proposal is not included in the 2014/15 budget and will require an appropriation in the General Fund of $59,209. Funding is available from the General Fund dollars in excess of the 2013/14 reserve target. Funding for these increased costs will be included in each year's budget. FUNDING AVAILABLE: Funding for this item will be provided by funds in excess of the General Fund reserve target established by Council. Adele Post, Human Resources Manager Jordan Ayers, Deputy City Manager Attachments MEMORANDUM OF UNDERSTANDING CITY OF LODI .off A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO GENERAL SERVICES UNIT janitar-y 1, 2014 Deeember- 31, 2414 January 1, 2015 — December 31, 2017 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 TABLE OF CONTENTS P 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 Notary Public Incentive 11 Article XI Bilingual Pay 11 Article XII Tuition Reimbursement 11 Article XIII Court Appearances 11 Article XIV14 Mileage Compensation 12 CHAPTER 2 — LEAVES Article XVII Catastrophic Leave 12 Article XVI Bereavement Leave 12 Article XVII Holidays 13 Article XVIII Leave of Absence 143 Article XIXV44I Sick Leave 14_3 Life Insurance 16 Article XIX Vacation Leave 14 CHAPTER 3 — INSURANCE AND RETIREMENT Article XXI Medical Insurance 154 Article XXII Dental Insurance 163 Article XXIII Vision Insurance 16-5 Article XXIV14 Chiropractic 16 Article XXIV Life Insurance 16 Article XXVI Long Term Disability 16 Article XXVII Workers' Compensation 16 Article XXVIII Flexible Spending Account 176 Article XXVIX14 Deferred Compensation 17 Article XXIX PERS 17 Article XXXI Sick Leave Conversion 18 CHAPTER 4 — UNION / CITY ISSUES MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 Article XXXII Union Leave 20 Article XXXII I Layoff 20 Article XXXIVII Changes in Memorandum 20 Article XXXIV City Rights 20 Article XXXVI Employee Representation 21 Article XXXV II Grievance Procedure 23 Article XXXVIII Mutual Consent Contingency 26 Article XXXVIXII No Strikes 26 Article XLXXIX Probationary Period 26 Article XLI Promotion 27 Article XLII Seniority 27 Article XLIII Shop Stewards 27 Article XLIVII Status 27 Article XLIV Term 28 Attachment A — Salary Schedule effective 0'%4 January 5, 2015 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 Chapter 1 - Salaries and Other Compensation ARTICLE I — SALARY 1.1 All «7....ees in the 1..,. -gaining nit shall be isstied„ time este -.,tion. paygRent. The base pagmen4 will leo $2,300 e n PSGN4>J o pleyee ("Base as the number of AFC( N4E employees elig ble for the one time p e t on the date of atifie-atien times the $2,300. Employees hiredan or after- J=tnttafy4,LA12 shalleeeive—a—$1, ent. Employees hired be€eFe jafmar-}1, 2012 shall$2 300 ...1,,.. ,-.,�., s1 a fe o f N 1 ,wtbe f „F v o e , ,1 50 times the n peopleer-0 City shall provide a cost of living adjustment (COLA,) of three (3.0) percent effective the first full pay period that begins after January 1, 2015. For calendar year 2016, the Cit.. shall a cost of living adjustment (COLA) of two (2.0) percent effective the first full pay period that begins after January 1, 2016. For calendar year 2017, the City shall provide a cost of living adjustment (COLA) of two (2.0) percent effective the first full pay period that begins after January 1, 2017. 1.2 Each member of this barizainine unit will receive 40 hours of personal leave with a cash -out option. The parties mutually agree that this leave bank is a one-time benefit in lieu of a restoration payment. Leave must be used or cashed -out prior to December 31, 2017. A request to cash out leave must be in writing and submitted to the Finance Division. The provisions in this paragraph sunset on December 31, 2017. t - Formatted: Indent: Hanging: 0.5” 1.32 For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 Vacaville Visalia Woodland 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. Parking Enforcement Assistants and Animal Control personnel shall work a schedule which may provide at least one person to work each Saturday. C. Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor. 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 ei�hty€eAy-four (184444) 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. - Formatted: List Paragraph, Left, No bullets or numbering MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 3-:43.5 Employee's may cash out any amount of the compensatory time at the employ straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 333.6 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance. 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 21.2. 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. 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 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 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. 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 $25.00 meal allowance, payable through pa doll. The of the Faeal not &Eeeed $20.00 with a r-eeeipt 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. MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 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 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. A.—The Field Services Representative and the Field Services Supervisor shall- Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + be provided with uniforms that meet the requirements for flame retardant Alignment: Left + Aligned at: 0.5" + Indent at: 0.75' MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145 - 2017 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. B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision that appears to ,grant the listed classifications both a city provided uniform and a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in the event the City and IBEW propose a quartermaster uniform system that incorporates the Field Services classifications. 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. 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. MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 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. 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 10 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 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 UII Code Enforcement Officer UII Engineering Technician 1/11 Jr. Engineer Public Works Inspector I/II Sr. Engineering Technician (1) (who do inspection/survey work) Supervising Code/Community Improvement Officer Records Clerk Senior Police Administrative Clerk (if assigned to Records division) Police Records Supervisor 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 shoelboot 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. 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: 11 MOU — CITY OF LODI AND AFSCME Engineer in Training Land Surveyor in Training Land Surveyor GENERAL SERVICES UNIT 20145-2017 9.2 The incentive in this subsection is limited to employees hired prior to March 21, 2012.the v o iitie.. of this MOM TICLE X — NOTARY PUBLIC INCENTIVE 10.1 Employees who possess a Notary Public certification and use the Notary Public service as a part of their employment duties with the City will receive a monthly incentive of $40.00. ARTICLE XI — BILINGUAL PAY 119.1 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 XII — TUITION REIMBURSEMENT 1247.1 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. Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Font: Bold, Underline ARTICLE XIII — COURT APPEARANCES 4-24 13,1 Employees summoned by a court for jury duty shall be granted jury duty - Formatted: No bullets or numbering 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. 13.2 If jury duty attendance is less than one-half of a normal working day, the- - - Formatted: No bullets or numbering employee is expected to return to work. 13.3 Employees assigned to shift work shall not be scheduled for regular work-- - - Formatted: Indent: Left: 0", Hanging: 0.5", during the 12 hours preceding the scheduled time for jury duty. No bullets or numbering 4-2-4 13.4 If an employee has had jury duty of six (6) hours or more during a sixteen- - - - Formatted: Indent: Left: 0", Hanging: 0.5", (16) hour period immediately preceding the beginning of or following the end of No bullets or numbering his/her regular work hours on a work day, he/she will be given a rest period of six (6) consecutive hours. 424 13.5 If an employee covered by this agreement is required by subpoena issued- - - -- Formatted: Indent: Left: 0", Hanging: 0.5", by an authority granted subpoena powers, to appear before it or to give a No bullets or numbering 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 12 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 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 XIVII — MILEAGE COMPENSATION 14-3.1 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. 14-3.2 Allowance changesinereases shall be effective the first day of the month following the determination of a changes by the IRS. Chapter 2 - Leaves ARTICLE XIV — CATASTROPHIC LEAVE 444 15.1 Catastrophic Leave will be provided as stated in the City's current policy. - Formatted: No bullets or numbering 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. 441 15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration Formatted: No bullets or numbering of any use of Short Term Disability. ARTICLE XVI — BEREAVEMENT LEAVE 16-5.1 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. 16.2 A regular employee may use sick leave, vacation leave, or- -- Formatted: indent: Left: 0.25°, No bullets or compensatory time off to attend the funeral of a person the employee may be numbering reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days for classifications in the General Services Unit. ARTICLE XVII — HOLIDAYS 13 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145 - 2017 4-64 17.1 Members of this Unit shall observe the following nationally observed - - Formatted: No bullets or numbering holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve (4 hours) Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1St 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. 17.2 Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day. 17.33 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. 4-6-4 17.4 Holiday time may be taken in quarter hour increments. ARTICLE XVIII — LEAVE OF ABSENCE .- Formatted: Indent: Left: 0.5", No bullets or numbering 18-7.1 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 XIVI44 — SICK LEAVE 19.1 Effective December 8, 2003, full time employees shall accumulate sick- - - Formatted: No bullets or numbering leave at the rate of 3.70 hours per pay period. 49.4 19.2 Sick leave may be accumulated up to an unlimited amount. 14 t— - Formatted: No bullets or numbering MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 19.3 Employees will be able to use family sick leave for parents of children not' - Formatted: No bullets or numbering residing with the employee consistent with City policy regarding use of family sick leave for a family members illnesses. ARTICLE XIX — VACATION LEAVE 4-94 20.1 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 23rd year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year & over 7.71 hours per pay period t - Formatted: No bullets or numbering 20.2 If a conflict arises in the scheduling of vacations for employees in the' - - - Formatted: No bullets or numbering 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. 494 20.3 For all persons hired after September 1, 1995 the maximum vacation' - Formatted: No bullets or numbering accrual will be 6.16 hours per pay period. 494 20.4 The maximum amount of unused vacation hours that an employee may' - Formatted: No bullets or numbering 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 XXI —MEDICAL INSURANCE 219.1 All employees are offered medical insurance for themselves and dependents' - Formatted: Justified through Cal PERS-Medical Plans. City shall pay 100% premium for the employee's family category (Family, Employee+l, EmployeeySifl*) 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. 210.2 If employee selects a higher cost plan, employee will pay the difference as a payroll deduction. 15 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 If an employee waiveselects not to be eeve.oa b medical insurance through the City of Lodi, a aa�the employee may at their option take the following in cash or deposited into their deferred compensation account: $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for sin&emplo. eye only will be added to either the employee's defeffed eompensation aeeeunt or- . hr Formatted: hAffied 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 Employee onlysingle, $1,314.66 for Employee +1, $1,709.06 for Family). 219.3 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. Effective January 1, 2016, the annual base salary will increase to $42,100 and effective January 1, 2017, the annual base salary will increase to $43,000 for this provision. Percentage increases shall be based upon the amounts paid by City ($657.33 for Emplo, e�ySi &, $1,314.66 for Employee +1, $1,709.06 for Family). 219.4 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. 219.5 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. 21.6 Notwithstanding any other provisions of this Agreement, the parties agree to re- open Article XXI, Section 21.2 entitled: "Medical Insurance" for negotiation, solely limited to determining the amount the City will contribute towards employee health plan premiums during calendar year 2016 and 2017. ARTICLE XXII — DENTAL INSURANCE 244 22.1 Employees are provided fully paid family dental insurance. 16 t - Formatted: No bullets or numbering MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 24-.2 22.2 Maximum benefits are $1,000 for each family member enrolled in theme - Formatted: No bullets or numbering dental plan, per calendar year. There is a $25 deductible plus co-insurance features. ARTICLE XXIII - VISION INSURANCE 232.1 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 XXIVI4 - CHIROPRACTIC 24-3.1 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 254.1 A life insurance program providing $10,000 term life insurance which includes a $10,000 Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 21 years, unmarried student dependent children to 23rd birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150 life insurance. The City will provide an additional $25,000 of Accidental Death ander - Formatted: indent: Left: o.s° Dismemberment insurance for each member in the General Services Unit. ARTICLE XXVI - LONG TERM DISABILITY 2-54 26.1 A long term disability program which, coordinated with other disability - Formatted: No bullets or numbering 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 26.2 The maximum length of coverage is three (3) years from date of disability. Formatted: No bullets or numbering ARTICLE XXVII - WORKERS' COMPENSATION 276.1 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. 17 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 ARTICLE XXVIII — FLEXIBLE SPENDING ACCOUNT 28-7.1 The City will maintain a "flexible spending account" to conform to IRS regulations to be used for premium contributions, dependent care and/or un - reimbursable medical payments for unit members. 28.2 The City i tends to j)Fepese ., Ga f tori based t,oroxt j3r-a .,-..,., i 24 n, . _ _ Formatted: No bullets or numbering - The Citv intends to DroDose a cafeteria -based benefit program that 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 will form a committee, comprised of one member from each Bargaining Unit, along with City staff to discuss the contents of said 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 mvczrrc-vy�August 1, 2014. rnvczPraisnot -bound rcoiccccPtCity's proposeQ ARTICLE XXVHIX — DEFERRED COMPENSATION 299.1 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 2" 30.1 The City agrees to provide the following PERS retirement program and to, - Formatted: No bullets or numbering 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 50% benefit (Section 21298). C. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4). d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and 21263.3). e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). f. Military Service Credit as Public Service (Section 21024). g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. 18 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 Employee shall pay employee share of retirement at 7% effective December 31, 2013. 3022 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. 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 XXXI — SICK LEAVE CONVERSION 304 31.1 For all unused sick leave, a represented employee with ten (10)t - — Formatted: Indent: Left: 0.29°, No bullets or years of employment with the City shall receive medical insurance coverage upon l numbering 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. 19 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died. Option #2 –Bank 50% of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years, 2.5% will be added to the 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00. EXAMPLE Robert Smith retires with 20 years of service and 1800 hours of unused sick leave (multiplication factor - $20.00). 1800 x 75% x 20.00 = $27,000.00 This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance in gone. In the event the retiree dies, the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone. 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� 31.2In the event an active employee dies before retirement and that- - Formatted: indent: Left: 0.29°, No bullets or employee is vested in the sick leave conversion program, the surviving spouse numbering will have an interest in one-half the value of the Bank option as calculated in section 30.1. 38 3 31.3—Employees selecting option #1 or #2, who retire on a service - Formatted: Indent: Left: 0.29", No bullets or retirement shall have the option of purchasing at the employee's cost additional numbering medical insurance sufficient to reach age 65. 3" 31.4—Out of area retirees may receive reimbursement for medicals - - Formatted: Indent: Left: 0.29°, No bullets or insurance premiums up to the City's liability as specified in Section 30.1 of this numbering Article. Option #4 – PERS Credit 310.5 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. 20 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 319.6 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. 319.7 Option #4 is available to all represented employees meeting PERS eligibility requirements. 319.8 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 XXXII - UNION LEAVE 344 32.1 Whenever any employee is absent from work as a result of a formal- - - Formatted: No bullets or numbering 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. 34-.2 32.2 The City agrees to provide storage space to AFSCME for association- - - Formatted: No bullets or numbering materials. ARTICLE XXXIII - LAYOFF 332.1 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXIVH - CHANGES IN MEMORANDUM 34-3.1 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 354.1 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. 21 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 Maintain the efficiency of governmental operations; to determine the methods, means and personnel by which government operations are to be conducted. Take all necessary actions to carry out its mission in emergencies. Exercise complete control and discretion in the technology of performing its work. City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employees organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. ARTICLE XXXVI — EMPLOYEE REPRESENTATION 3,54 36.1 This Memorandum of Understanding (hereinafter referred to as MOU) is- - - Formatted: No bullets or numbering 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. 3-51 36.2 The City shall grant dues deduction to City employees who are members- - Formatted: No bullets or numbering 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. 3-5 36.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF - - - Formatted: No bullets or numbering Union Membership — All employees covered by this Agreement shall, as a condition of employment, become and remain members of the UNION within 30 22 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 days of employment in a covered job classification. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement and the requirement to become and maintain membership in the UNION. A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting. In the event an employee covered by this Agreement fails to apply for, or maintain their membership in the UNION, or reinstate themselves into membership in good standing, the UNION may give the CITY written notice of the fact and request that the employee be suspended or terminated from employment. In such event, the CITY shall suspend or terminate the employment of said employee, as requested, within 15 business days of receipt of the notice. Fair Share Donation — Any employee who is a member of a bona fide religion, body, or sect who has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the UNION. Such employee shall, in lieu of Agency Shop Fees, pay sums equal to said amount to a non -religious, non -labor United Way charitable organization exempt from taxation under Section 501 c (3) of the Internal Revenue Code, which has been selected by the UNION from the local United Way. Payments shall be made by payroll deduction as a condition of continued exceptions from the requirements of financial support to the UNION and as a condition of continued employment. Disputes regarding the application for this provision, by employees, shall be subject to arbitration 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. 23 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 Payroll deductions shall be limited to the following choices: • Union Membership Dues • Agency Shop Fees • AFSCME Voluntary Political Action Check Off (PEOPLE) • Fair Share donations to the United Way Campaign Fair Share donations are limited to employees with religious objections. The Union will comply with its legal obligation regarding the administration of this section. Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article. 3-5-4 36.4 The City shall allow AFSCME access to city meeting facilities at no costs Formatted: No bullets or numbering 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. 3-5-5 36.5No City employee or applicant for employment shall be discriminated--- Formatted: No bullets or numbering 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 36.6 The City and AFSCME agree and understand that if any section of the- Formatted: No bullets or numbering MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XXXVII — GRIEVANCE PROCEDURE 364 37.1 This grievance procedure shall be used to process and resolve disputes- - - Formatted: No bullets or numbering 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. 24 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 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. 34.2 37.2 Disputes involving the following subjects shall be determined by the- - Formatted: No bullets or numbering Grievance Procedures established herein: a. Interpretation or application of any of the terms of this MOU, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City. b. Discharge, demotion, suspension, or discipline of an individual employee. C. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa. 376.3 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. 376.4 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. 376.5 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. 376.6 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 25 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and AFSCME shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guide lines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. C. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought 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. 26 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 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. 37.7 Failure by either party to meet any of the aforementioned time limits as sett- Formatted: No bullets or numbering forth in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 3" 37.8 An employee may represent himself/herself at any step of the Grievance Formatted: No bullets or numbering Procedure up to Step 3. 3" 37.9 Only AFSCME may appeal a grievance to arbitration. �- -- Formatted: No bullets or numbering ARTICLE XXXVIII - MUTUAL CONSENT CONTINGENCY 38-7.1 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 XXXV4IIX - NO STRIKES 395.1 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 XLXXIX - PROBATIONARY PERIOD 394 40.1 All appointments to positions in the classified service shall be subject to at- - - Formatted: No bullets or numbering 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 27 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 service of the employee is deemed to be unsatisfactory, the employee shall be notified that he/she has not satisfactorily completed probation. 39-.2 40.2 During the probationary period, all new hires shall have the rights ander Formatted: No bullets or numbering privileges afforded to other employees, except: a. Vacation Leave — See Article XIX for vacation schedule. b. The use of the Grievance Procedure to grieve termination. C. The City and the employee may mutually agree to extend the probationary period for not more than six (6) months. AFSCME shall be notified of all extensions. d. Probation shall be extended for the same time as any leaves of absence. 34.4 40.3 In the event an employee is promoted and is rejected by the- - Formatted: indent: Left: 0.29 , No bullets or appropriate department head, he or she shall be reinstated to the position from numbering which he/she was promoted unless he/she is discharged. The seniority and status of a rejected candidate shall continue as before. ARTICLE XLI — PROMOTION 419.1 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 XLII - SENIORITY 424.1 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 XLIII — SHOP STEWARDS 43-2.1 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 28 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 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 XLIVII — STATUS 44-3.1 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). 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 454.1 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, 24142015 through December 31, 24142017. 29 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 ATTACHMENT A SALARY SCHEDULE - GS Effective January 54, 244-4 2015 30 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 20145-2017 O UPATION TITLE OCC STEP 0 STEP 1 STEP 2 STEP 3 -STEP I AC OUNT CLERK 2000 2919.51 3065.49 3218.76 3379.70 3548.69 A MINISTRATIVE CLERK 2700 2643.79 2775.98 2914.79 3060.52 3213.55 A MINISTRATIVE SECRETARY 2702 3516.70 3692.54 3877.17 4071.02 4274.57 A IMALSERVICESSUPERVISOR 2021 3431.00 3602.56 3782.69 3971.81 4170.41 A UATIC COORDINATOR 2603 3482.54 3656.68 3839.51 4031.48 4233.05 AS ISTANTANIMALSERVVICESOFFICER 2020 2983.56 3132.74 3289.38 3453.85 3626.54 BUILDING INSPECTOR I 2072 4060.64 4253.68 4466.37 4689.69 4924.17 BUILDING INSPECTOR II 2073 4456.24 4679.05 4913.01 5158.66 5416.60 C DE ENFORCEMENT OFFICER 2022 4244.04 4456.24 4679.05 4913.01 5158.66 CU TOMER SERVICE REPRESENTATIVE 1 2011 2654.11 2786.82 2926.16 3072.46 3226.08 CU TOMER SERVICE REPRESENTATIVE II 2012 2919.51 3065.49 3218.76 3379.70 3548.69 EN INEERING AID 2199 3213.60 3374.28 3542.99 3720.14 3906.15 EN INEERING TECHNICIAN 1 2200 4089.64 4294.11 4508.82 4734.26 4970.98 EN INEERING TECHNICIAN II 2201 4498.60 4723.52 4959.70 5207.68 5468.06 FI LD SERVICES REPRESENTATIVE 2050 3609.29 3789.75 3979.24 4178.21 4387.11 FI LD SERVICES SUPERVISOR 2051 4154.73 4362.47 4580.60 4809.62 5050.10 FI ANCE TECHNICIAN 2014 3532.61 3709.25 3894.71 4089.45 4293.92 IN ORMATION SYSTEMS SPECIALIST 2400 4012.25 4212.88 4423.79 4644.68 4876.92 JU IOR ENGINEER 2203 4948.45 5195.88 5455.66 5728.45 6014.87 JU IOR ENGINEER PLANS EXAMINER 2071 4456.24 4679.05 4913.01 5158.66 5416.60 JU IOR PLANNER 2208 4038.36 4240.27 4452.29 4674.90 4908.65 LI RARY ASSISTANT 2500 2775.99 2914.79 3060.53 3213.56 3374.23 NE WORK TECHNICIAN 2401 4811.66 5052.24 5304.85 5570.10 5848.61 PA KING ENFORCEMENT ASSISTANT 2027 3006.54 3156.87 3314.72 3480.45 3654.47 PA KS PROJECT COORDINATOR 2600 4948.45 5195.88 5455.66 5728.45 6014.87 PE MIT TECHNICIAN 2070 3339.93 3506.97 3682.31 3866.44 4059.76 P LICE RECORDS CLERK 1 2024 2624.14 2755.34 2893.12 3037.77 3189.66 P LICE RECORDS CLERK II 2023 2886.57 3030.89 3182.43 3341.56 3508.63 P LICE RECORDS CLERK SUPERVISOR 2026 3319.04 3485.00 3659.24 3842.20 4034.31 PR GRAM COORDINATOR 2602 3089.30 3243.76 3405.94 3576.24 3755.06 P INSPECTOR 1 2204 4051.13 4253.68 4466.37 4689.69 4924.17 P INSPECTOR 11 2205 4456.24 4679.05 4913.01 5158.66 5416.60 SE IOR ADMINISTRATIVE CLERK 2701 2908.17 3053.58 3206.27 3366.58 3534.91 SE IOR ENGINEERING TECHNICIAN 2202 4948.45 5195.88 5455.66 5728.45 6014.87 SE IOR LIBRARY ASSISTANT 2505 3053.58 3206.27 3366.58 3534.91 3711.65 SE IOR POLICE ADMINISTRATIVE CLERK 2025 3078.44 3232.38 3393.98 3563.68 3741.87 SU ERVISING CUSTOMER SERVICE REP 2013 3532.61 3709.25 3894.71 4089.45 4293.92 W TER SERVICES TECHNICIAN 1 2206 4804.32 5044.54 5296.77 5561.60 5839.68 W TER SERVICES TECHNICIAN II 2207 5284.75 5548.98 5826.43 6117.76 6423.65 W TERSHED PROGRAM COORDINATOR 2209 3089.30 3243.76 3405.94 3576.24 3755.06 YO TH OUTREACH WORKER 2028 3374.28 3577.81 3792.05 4018.78 4300.87 31 'ormatted Table MOU - CITY OF LODI AND AFSCME A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO Nancy Vinson, Chief Negotiator Date: Linda Tremble, President Date: Donnie Sanford, Exec.Vice President Date: GENERAL SERVICES UNIT 20145-2017 CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer, City Manager Date: Jordan Ayers, Deputy City Manager Date: Adele Post, HR Manager Date: Sherry Moroz, Vice President Approved As To Form: Date: Travis Kahrs, Treasurer Date: Kari Chadwick, GS Representative Date: Clerk Thomas Gabriel, M&O Representative Date: Brian Longpre, M&O Representative Date: Rene Garcia, GS Representative Date: Terri Lovell, GS Representative Date: 32 Janice D. Magdich, City Attorney Attest: Jennifer M. FerraioloRebise , City MEMORANDUM OF UNDERSTANDING CITY OF LODI F0� A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO MAINTENANCE & OPERATORS UNIT jantiar-y 1, 2014 Deeember- 31,2014 January 1, 2015 — December 31, 2017 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 TABLE OF CONTENTS CHAPTER 1— SALARIES AND OTHER COMPENSATION P Article I Salary Article II Hours Article III Compensatory Time Article IV Overtime Article V Meals Article VI Temporary Upgrade Article VII Shift Differential Article VIII Standby I3tAyPay —Call -Out Pay— 7 Catastrophic Leave 13 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 Notary Public Incentive 12 Article XVII Bilingual Pay 12 Article XVIV Tuition Reimbursement 12 Article XVI Court Appearances 12 Article XVII Mileage Compensation 13 CHAPTER 2 — LEAVES Article XVIII Catastrophic Leave 13 Article XIXV4II Bereavement Leave 14-3 Dental Insurance 17 Article XIX Holidays 14 Article XXI Leaves of Absence 154 Article XXII Sick Leave 15 Article XXIII Vacation Leave 15 CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT Article XXIVII Medical Insurance 16 Article XXIV Dental Insurance 17 Article XXVI Vision Insurance 17 Article XXVII Chiropractic Insurance 17 Article XXVII I Life Insurance 17 Article XXIXV414 Long Term Disability 17 Article XXIX Workers' Compensation 18-7 Article XXXI Flexible Spending Account 18 Article XXXII Deferred Compensation Plan 18 Article XXXII I PERS 18 Article XXXIVI4 Sick Leave Conversion 2041 2 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 CHAPTER 4 — UNION / CITY ISSUES Article XXXIV Union Leave 21 Article XXXVI Demotion And Layoff 21 Article XXXVII Changes in Memorandum 2247 Article XXXV III City Rights 22 Article XXXKV41I Employee Representation 22 Article XLXXfX Grievance Procedure 25 Article XLI Mutual Consent Contingency 28 Article XLII No Strikes 28 Article XLIII Probationary Period 28 Article XLIVI4 Promotion 299 Article XLIV Seniority 29 Article XLVI Shop Stewards 29 Article XLVII Status 29 Article XLVIII Term 30 Exhibit A — Salary Schedule effective January 5, 201503 /'v�n V2012 Exhibit B — Salary Schedule Specific Positions effective January 5, 201503 "'o 'moi Exhibit C — Incentive Pay Schedule Exhibit D — Incentive Pay for Equipment Maintenance Employees Exhibit E — Certification Pay MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 Chapter 1— Salaries and Other Compensation r-eselution by the Lodi City Gatffieil. City shall provide a cost of living adjustment (COLA) of three (3.0) percent effective the first full nav period that beeins after January 1. 2015. For calendar vear 2016. the Citv shall provide a cost of living adiustment (COLA of two (2.0) percent effective the first full pay period that begins after January 1 2016. For calendar year 2017, the Cit.. shall a cost of living adjustment (COLA) of two (2.0) percent effective the first full nav period that beeins after January 1. 2017 1.2 Each member of this bareainina unit will receive 40 hours of personal leave with a cash -out option. The parties mutuallyagree that this leave bank is a one-time benefit in lieu of a restoration payment. Leave must be used or cashed -out prior to December 31, 2017. A request to cash out leave must be in writing and submitted to the Finance Division. The provisions in this paragraph sunset on December 31, 2017. 4-41.3 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 - Formatted: Indent: Left: 0.25', No bullets or numbering MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017244 1.4 the pa -ties agree to meet and , onf r i geed faith to ,. elye the pedi,ti en City and barizainina unit agree to work toeether to eliminate two-tier salary structure for classifications and modify job descriptions to incorporate required certifications. Further, City and bargaining unit agree to review and adjust salary for Water Plant Operators and Wastewater Plant Operators taking into account required certifications and incentive pay. The City's intent is to have this completed no later than September 30, 2015, an - Formatted: Indent: First line: 0" will consider any salary adjustments retro -active to January 5, 2015, subject to City Council approval. 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. 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 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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 The decision to elect compensatory time or overtime pay may be made each time overtime is worked. 3.3 No more than one hundred eighty-four (184444) hours of compensatory time may be carried on the books at any time. Employee's may cash out any amount of the comnensatory time at the emnlovee's straieht time hourly rate of nav each Anril. June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 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 2.6.1 and 26.2; and b. Time worked on a non -work day. Overtime work paid at the double time rate is work performed in excess of 12 hours between 12 midnight and 12 midnight on any given day, any work performed between the hours of 12 midnight and 6:00 a.m., and any work performed on holidays. Hours worked on a holiday, as part of any employee's regular work schedule, shall be compensated at the appropriate overtime rate as provided plus the employee 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 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20172814 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 requiresd an employee to perform work for one and one-half (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 $25.00 meal allowance, payable through payroll. The east of *' meal not to exeeed $20.00 with , o ept. 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, MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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 Wastewater Treatment Plant Operators for all hours worked during swing shifts. Swing shifts are those daily work periods regularly scheduled to begin from 12 Noon to 10 pm. Shift assignments shall be made by the City at its sole discretion consistent with this MOU. ARTICLE VIII — STANDBY PAY — CALL -OUT PAY 8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit shall be eligible for standby pay as noted below: A. Standby Pay: All employees in the Maintenance and Operators Bargaining Unit, except Waste Water Plant Operators and Water Plant Operators, shall receive compensation of three (3) hours of straight pay when said employees are in standby status. B. Standby Pay: 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: MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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. Facilities Maintenance Worker Facilities Supervisor Fleet Services Supervisor Heavy Equipment Mechanic Maintenance Worker I & II Park Maintenance Worker I /II/III Park Supervisor Chief Wastewater Plant Operator Parts Clerk Plant & Equipment Mechanic Street Maintenance Worker UIUIII Street Supervisor Sr. Facilities Maintenance Worker Sr. Storekeeper W/WWMaintenanceWorker UIUIII W/WW Supervisor W/WW Plant Operator UIUIII Water Plant Operator UIUIII Welder -Mechanic 9.2 Coveralls as needed, but no more than 3, are provided to: Chief Wastewater Plant Operator Plant and Equipment Mechanic Wastewater Plant Operator I, II, III Environmental Compliance Inspector Sr. Plant and Equipment Mechanic Maintenance Workers I and II assigned to White Slough Water Plant Operator UII/III MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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: 1. If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City. 2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement. 3. If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary. 4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 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. 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. 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. 10 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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 damaged 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 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. 11 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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 of April 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 and two (2) Surface Water Plant Operators for the possession of a Qualified Applicators Certificate. In the event of the separation of one of the two Wastewater or Surface Water Plant Operators, the remaining employee at each plant shall receive $40.00 per month. 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 12 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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 — NOTARY PUBLIC INCENTIVE 13.1 Employees who possess a Notary Public certification and use the Notary Public- --- Formatted: indent: Left: 0^, Hanging: 0.5" service as a part of their employment duties with the City will receive a monthly incentive of $40.00. ARTICLE XIVII — BILINGUAL PAY 143.1 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 154.1 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 XVI — COURT APPEARANCES 16-5.1 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. 163.2 If jury duty attendance is less than one-half of a normal working day, the employee is expected to return to work. 165.3 If an employee has had jury duty of six hours or more during a 16 -hour period immediately preceding the beginning of or following the end of his or her regular work hours on a work day, he/she shall be given a rest period of six (6) consecutive hours. 16-5.4 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 13 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017244 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 XVII — MILEAGE COMPENSATON 176.1 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 a changea_ _ by the IRS. Chapter 2 - Leaves ARTICLE XVIII — CATASTROPHIC LEAVE 18-7.1 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. 18-7.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability ARTICLE XIXV4H— BEREAVEMENT LEAVE 195.1 Regular employees shall be granted 3 days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's: spouse parent Grandparent grandparent -in-law parent -in-law Child grandchild son-in-law daughter-in-law stepchild foster parents Brother half-brother half-sister Sister or a more distant relative who was a member of the employee's immediate household at the time of death. 14 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 195.2 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 204-1.1 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 3rd Monday in January 3`d Monday in February Last Monday in May July 4 Vt Monday in September 4"' 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. 204-1.2 Holiday time may be taken in quarter hour increments. ARTICLE XXI — LEAVES OF ABSENCE 218.1 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 XXII — SICK LEAVE 224.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 224.2 Sick leave may be accumulated up to an unlimited amount. 15 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 224.3 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 XXIII — VACATION LEAVE 232.1 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 232.2 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. 232.3 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. 23-2.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate will be 6.16 hours per pay period. 16 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 Chapter 3 - Insurance and Retirement ARTICLE XXIVII — MEDICAL INSURANCE 24.1 All employees are offered medical insurance for themselves and dependents- - - Formatted: No bullets or numbering through Ca1PERS-Medical Plans. City shall pay 100% premium for the employee's family category (Family, Employee+l, Employee only) 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. 2-2.2 24.2 If Employee selects a higher cost plan, Employee will pay the difference as a payroll deduction. If an employee awes medical insurance through the City of Lodi, a aa�the employee may at their option take the following in cash or deposited into their deferred compensation account: $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for siagleemployee only will be added to o:a,o. the employee's aoF -Fe ,.e ..Leas..., ..,.,.,...n. ,,..___ __ Formatted: Indent: First line: 0.5" easl—In order to qualify for this provision, proof of group insurance must be provided to the City. 24-3.3 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 Sin&Employee only, $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. Effective January 1, 2016, the annual base salary will increase to $42,100 and effective January 1, 2017, the annual base salary will increase to $43,000 for this provision. Percentage increases shall be based upon the amounts paid by City ($657.33 for single, $1,314.66 for Employee + 1 and -S$1,709.06 for Family). 24-3.4 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. 24-3.5 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 17 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 any minor children of any members of this unit who is killed or dies during the performance of official duties. This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available. 24.6 Notwithstanding an, o�provisions of this Agreement, the parties agree to re- --- Formatted: Indent: Left: 0", Hanging: M open Article XXIII, Section 23.2 entitled: "Medical Insurance" for negotiation, solely limited to determining the amount the City will contribute towards employee health plan premiums during calendar year 2016 and 2017. ARTICLE XXIV — DENTAL INSURANCE 254.1 Employees are provided fully paid family dental insurance. 254.2 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 XXVI — VISION INSURANCE 266.1 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 XXVII — CHIROPRACTIC INSURANCE 276.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXVIII — LIFE INSURANCE 28-7.1 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 XXVIXH — LONG TERM DISABILITY 295.1 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. 295.2 The maximum length of coverage is three years from date of disability. ARTICLE XXIX — WORKER'S COMPENSATION 3029.1 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 18 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20172814 who becomes eligible for benefits under Worker's Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee, upon receiving said benefits paid by Workers' Compensation shall also receive compensation from the City in such an amount that when added to the Workers' Compensation payment shall equal his or her regular salary. The amount paid by the City shall, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City. ARTICLE XXXI — FLEXIBLE SPENDING ACCOUNT 318.1 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. 318.2 The City in4en s .,...,.,.pose „ Cafeteria Lased benefit ,.,,,,,,,,,,,,, in 2014 wid ,,.,.._ __ Formatted: Indent: Left: 0", Hanging: 0.5 e€feetive dateof 3artuar-yq,z815This program would ineor-porate, but�at be limited to: fnedie-al, vision, dental, ehir-opmetie, andlife insur-anee. The above listed tefms of this affeement will be reopened f0f negotiation upon the Gity presentation of .. Gaf ter -i ..1... The City intends to propose a cafeteria - based benefit program that 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 will form a committee, comprised of one member from each Bargaining Unit, along with City staff to discuss the contents of said 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 AFSCN4E by August 1, 22014. rFSGN4i is not bound to aeeept City's proposes plan dtiFing the tefm of this MOU. - Formatted: Indent: Left: 0", Hanging: 0.5" ARTICLE XXXII — DEFERRED COMPENSATION PLAN 324-.1 The City and AFSCME agree to the implementation of the following program effective July 1, 1977. 324-.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 XXXIII — PERS 33-2.1 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: 19 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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. 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. 332.2 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 30% 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. Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation. 20 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 ARTICLE XXXIV1I — SICK LEAVE CONVERSION 34-3.1 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 '/z% to the 50% before converting the unused sick leave to months of insurance. EXAMPLE: ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS OF UNUSED SICK LEAVE. 1800 _ 8 X 75%'. 12 = 14.06 YEARS OF COVERAGE The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXIII. 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 'h % 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 21 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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. 343.2 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. 343.3 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. 343.4 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. Oution#4 — PERS CREDIT 343.5 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. 343.6 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. 343.7 Option #4 is available to all represented employees meeting PERS eligibility requirements. 343.8 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 354.1 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. 354.2 The City agrees to provide storage space to AFSCME for union materials. ARTICLE XXXVI — DEMOTION AND LAYOFF 22 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017284 363.1 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. 366.2 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXVII — CHANGES IN MEMORANDUM 376.1 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. ARTICLE XXXVIII — CITY RIGHTS 38-7.1 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. 23 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 ARTICLE XXXIXV4II — EMPLOYEE REPRESENTATION 395.1 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. The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A. 395.2 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. 395.3 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 24 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 Way charitable organization exempt from taxation under Section 501 c (3) of the Internal Revenue Code, which has been selected by the UNION from the local United Way. Payments shall be made by payroll deduction as a condition of continued exceptions from the requirements of financial support to the UNION and as a condition of continued employment. Disputes regarding the application for this provision, by employees, shall be subject to arbitration. d. Membership status shall remain in effect for the duration of this Agreement except that an employee may change his or her status from UNION member not more than 90 days or less than 60 days prior to the expiration of this Agreement. An employee changing his or her membership status shall submit the appropriate form to the UNION. Thereafter, the UNION will notify the CITY of the change and the appropriate notation shall be made to the employee's record and/or payroll deduction. e. The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted. f. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY. g. Payroll deductions shall be limited to the following choices: • Union Membership Dues • Agency Shop Fees • AFSCME Voluntary Political Action Check Off (PEOPLE) • Fair Share donations to the United Way Campaign • Fair Share donations are limited to employees with religious objections. h. The Union will comply with its legal obligation regarding the administration of this section. 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. 25 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 398.4 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. 398.5 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. 398.6 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 XXXIX — GRIEVANCE PROCEDURE 4031.1 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. 4031.2 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. 26 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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. 403-1.3 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. 4039.4 STEP TWO: If a grievance has not been resolved in initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days from the date of the answer in Step One. 4039.5 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. 4039.6 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. 27 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 b. Both parties and the arbitrator may tape record the hearing. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing will be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial 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 28 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20172814 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. 40351.7 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. 40351.8 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. 40351.9 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 40351.10 Only AFSCME may appeal a grievance to arbitration. ARTICLE XLI — MUTUAL CONSENT CONTINGENCY 410.1 This MOU maybe amended anytime 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 XLII — NO STRIKES 424-.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 XLIII — PROBATIONARY PERIOD 43-2.1 All appointments to positions in the classified service shall be subject to a probationary period of 12 continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his or her new duties, assignments and responsibilities in his or her new position and for rejecting any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he or she has not satisfactorily completed probation. 432.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except: 29 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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. 432.3 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 XLIVI4 — PROMOTION 44-3.1 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. ARTICLE XLIV — SENIORITY 454.1 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, is absent due to industrial injury, d. on leave of absence, or absent due to layoff for a period of less than twelve (12) consecutive months. ARTICLE XLVI — SHOP STEWARDS 46-5.1 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 XLVII — STATUS 30 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 476.1 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 time service with the City, a probationary employee shall be given the status of a regular employee. 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 XLVIII — TERM 48-7.1 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, 20154 to December 31, 20174. 31 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 CLASSIFICATION PLAN Maintenance & Operators Employees hired before 3/21/12 Effective January 5, 2015 EXHIBIT A OCCUPATION TITLE !OB CODE STEP 0 STEP 1 STEP 2 STEP 3 STEP 4 BUILDING SERVICES SUPERVISOR 4701 4163.40 4371.57 4590.14 4819.66 5060.65 CHIEF WASTEWATER PLANT OPERATOR 4150 5159.74 5417.73 5688.62 5973.04 6271.70 ENVIRONMENTAL COMPLIANCE INSPECTOR 4160 4272.65 4486.28 4710.59 4946.12 5193.43 EQUIPMENT SERVICE WORKER 4000 3130.63 3287.16 3451.52 3624.10 3805.30 FACILITIES SUPERVISOR 4050 4352.95 4570.59 4799.12 5039.08 5291.03 FLEET SERVICES SUPERVISOR 4040 4752.45 4990.07 5239.58 5501.56 5776.63 HEAVY EQUIPMENT MECHANIC 4020 3757.15 3945.01 4142.26 4349.37 4566.85 LABORATORY SUPERVISOR 4075 5159.74 5417.73 5688.62 5973.05 6271.70 LABORATORY TECHNICIAN 1 4070 3403.24 3573.41 3752.08 3939.69 4136.67 LABORATORY TECHNICIAN 11 4071 3743.28 3930.44 4126.96 4333.31 4549.97 LEAD EQUIPMENT MECHANIC 4010 4132.87 4339.51 4556.48 4784.31 5023.53 MAINTENANCE WORKER 1 4080 2979.90 3128.98 3285.37 3449.62 3622.26 MAINTENANCE WORKER II 4081 3277.35 3441.22 3613.28 3793.94 3983.64 PARK MAINTENANCE WORKER 1 4710 2838.19 2980.10 3129.10 3285.56 3449.83 PARK MAINTENANCE WORKER 11 4711 3121.71 3277.79 3441.68 3613.77 3794.46 PARK MAINTENANCE WORKER 111 4712 3433.98 3607.54 3785.96 3975.26 4174.02 PARK SUPERVISOR 4740 4352.95 4570.59 4799.12 5039.08 5291.03 PARTS CLERK 4030 2981.93 3131.03 3287.58 3451.96 3624.56 PLANT & EQUIPMENT MECHANIC 4130 3884.15 4078.29 4282.09 4496.13 4720.94 SENIOR FACILITIES MAINTENANCE WORKER 4060 3784.91 3974.15 4172.86 4381.51 4600.59 SENIOR STOREKEEPER 4140 3528.84 3705.28 3890.55 4085.07 4289.33 STREET MAINTENANCE WORKER 1 4090 3056.31 3209.12 3369.58 3538.06 3714.96 STREET MAINTENANCE WORKER II 4092 3353.62 3521.29 3697.36 3882.22 4076.34 STREET MAINTENANCE WORKER III 4100 3605.48 3785.76 3975.04 4173.80 4382.49 STREET SUPERVISOR 4110 4570.05 4798.55 5038.48 5290.40 5554.92 TRAFFIC SIGN WORKER 4120 3121.71 3277.79 3441.68 3613.77 3794.46 WASTEWATER PLANT OPERATOR 1 4170 3706.50 3891.82 4086.41 4290.73 4505.27 WASTEWATER PLANT OPERATOR 11 4172 4077.26 4281.12 4495.18 4719.93 4955.93 WASTEWATER PLANT OPERATOR 111 4173 4484.99 4709.23 4944.69 5191.93 5451.52 WATER PLANT OPERATOR 11 4200 4077.26 4281.12 4495.18 4719.93 4955.93 WATER PLANT OPERATOR 111 4201 4484.99 4709.23 4944.69 5191.93 5451.52 WATER/WASTEWATER MANT WORKER 1 4210 3082.02 3236.12 3397.93 3567.82 3746.21 WATER/WASTEWATER MANT WORKER 11 4211 3419.16 3590.12 3769.63 3958.11 4156.01 WATER/WASTEWATER MANT WORKER 111 4212 3605.48 3785.74 3975.05 4173.80 4382.49 WATER/WASTEWATER SUPERVISOR 4180 4913.96 5159.81 5417.57 5688.62 5973.10 WELDER -MECHANIC 4220 3757.06 3945.05 4142.33 4349.43 4566.89 32 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 33 Formatted Table E. ©® FIRM, .. - - 33 Formatted Table MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 CLASSIFICATION PLAN EXHIBIT B Maintenance & Operators Employees hired after 3/21/12 Effective January 5, 2015 JOB ENVIRONMENTAL COMPLIANCE INSPECTOR WATER/WASTEWATER SUPVERVISOR (A) 1 4181 1 5322.5011 5588.63 1 5868.05 6161.46 6469.53 n..........VoR T -We A66 Step A Step B E Step D Formatted Table 425 4181.1143.16�r 4609.67 4840.16 5882.16 Equipment S � 3664 3089.58 3234.61 3396.34 3566.16 3.744.47 Heavy Equipment Mechanic 2644 3812.26 4002$8 4283.02 4413.17 4633.83 Lead Equi.....,..,+ nn..e4a4,.,. z2664 4177-$3 43$6 88 1 4cn� no�nn W77 21 Plant & Equipment nn....h- nie non 400441 4299 IR n5�no n7��o 4976:79 c+r..,,+ �ni,.rker i 256A "1067"19 3115 95 327Tnn 3n�n1 3606:79 StFe .+ nna. nten.. a �A.ferker ii 257A a7� an1°v.73 3C4�67 37L� 3957-.61 c+r,.,.+nna,nt,,..-,ncpWgrkpriii 94 zcn�n2 a7o�79 zo�710 nc nn 4 StFe ,t SuperW.,; .r RQ�91 A 4676,80 4806-64 5n�o45.92 9299 22 55c�� R EXHIBIT C INCENTIVE PAY SCHEDULE Minimum Grade Level 1. Industrial Waste Inspector Certification to Earn Incentive 34 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 (CWEA-4 Grade Levels) • Laboratory Technician I & II I • Water/ Wastewater Supervisor I • Chief Wastewater Plant Operator I • Laboratory Services Supervisor III • Environmental Compliance Inspector III Minimum Grade Level 2. Laboratory Analyst Certification to Earn Incentive (CWEA or AWWA — 4 Grade Levels) • Laboratory Technician I I • Laboratory Technician II II • Wastewater Plant Operator I & II I • Environmental Compliance Inspector II • Chief Wastewater Plant Operator II • Laboratory Services Supervisor III Minimum Grade Level 3. Mechanical Maintenance Certification to Earn Incentive (CWEA — 4 Grade Levels) • Plant and Equipment Mechanic II • Wastewater Plant Operator I & II I • Water/ Wastewater Maintenance Worker I, II, III II • Chief Wastewater Plant Operator II • Sr. Plant and Equipment Mechanic III • Water/ Wastewater Supervisor II Minimum Grade Level 4. Sewer Collection Maintenance Certification to Earn Incentive (CWEA — 4 Grade Levels) • Laborer, Maintenance Worker I & II I (Streets or Water/ Wastewater) • Maintenance Worker III II (Streets or Water/ Wastewater) • Plant and Equipment Mechanic II • Sr. Plant and Equipment Mechanic II • Street Supervisor, Water/ Wastewater III Supervisor 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 35 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 • Chief Wastewater Plant Operator IV Minimum Grade Level 6. Water Distribution Operator Certification to Earn Incentive (State of California — 5 Grade Levels) • Laborer ( Water/ Wastewater) I • Maintenance Worker I, II, III II (Water/Wastewater) • Laboratory Services Supervisor II • Environmental Compliance Inspector II • Plant and Equipment Mechanic III • Sr. Plant & Equipment Mechanic III • Water/ Wastewater Supervisor III Minimum Grade Level 7. Water Treatment Plant Opr. Certification to Earn Incentive (State of California — 5 Grade Levels) • Laborer, Maintenance Worker 1, 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 • Water Plant Operator III • Senior Facilities Maintenance Worker 9. Pest Control Advisor License (State of California) • Street Supervisor • Parks Supervisor 36 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 • 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. EXHIBIT D INCENTIVE PAY FOR EQUIPMENT MAINTENANCE EMPLOYEES 37 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 Mechanic Oualifications Smog Certificate issued by Bureau of Automotive Repair (BAR) (certificate must be current, valid, unlimited) $50.00 Heavy Equipment Mechanic Welder -Mechanic Lead Equipment Mechanic Class A Brake Adjustment License issued by BAR $25.00 Equipment Service Worker Heavy Equipment Mechanic Welder -Mechanic Lead Equipment Mechanic Class A Lamp Adjustment License issued by BAR $12.50 Equipment Service Worker Heavy Equipment Mechanic Welder -Mechanic Lead Equipment Mechanic Aluminum Welding Proficiency Certificate $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 A-3 Manual Drive Train & Axles A-4 Suspension & Steering A-5 Brakes A-6 Electrical/ Electronic Systems 38 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 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 39 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20172414 EXHIBIT E Exhibit E . t xx oiirLow COUNCIL COi`v'IZAUNICATION AGENDATITLE: Adopt Resoiullon AnDendfng Memorandums of Understanding with Maintenance and Operdiers and General Ser icea bargaining Units of the Association of Lodi City Employees to Provide Additional Pay for Stats RequiradCerliGcatlonsaf DislribuiionOperators I and 11 (CM) METING DATE: Juiy 10,2007 PREPARED 6Y: Daputy QV Manager REcOMMfENDE0A011ON; Approve Resolution to amend Memorandums of Understanding (MOU) vAh Maintenanoe and Oparators and General Services Bargaining units d The Association of Lodi City Employees (ALCE) to provide additional pay for State -required cadiffcatfone of D1strlbution Operators I and 11. t3ADt4GROUNDINFORMA?IOW Various empleyaes who work., in the Public Nkrks Department Water and Wastewater operations are required to have certifications as either a Ofstrtbuffon Oparators I or 11 levet, These w9flcationsare required by the State of Callfomla in order that the City of Lodl meet Health and Safety standards. The cedificedion requkernent was enacfad severe) years age, but the pay level for employees who are required to obtain carftntions vias not adjusted at the carne time as the requiremsrA for cartmcatfonv= armawd. The M of Lodi and members of the MaWenance and Operators and General batYpas bargaining units have mer, conferred and tentatively agreed to amend the MOUS to allow for additfonabmTnpenealfon for employeas ror which the condfioalion requirements apply. The attached agreements with these bargaining units indicate iho leans of these tenla" agreements as fGltows: Base pay for the employees as indloatad in attachments A and 8 who are required to oWn a level one certificationwiif be increased by 2%. Base pay for the employees as indicated In aitachmsnts A and B who arc Mqulrad to aWIn a level two caertftkallonwill be increased by 4%. € Any employee in the Genaral SeMxes bargafoing unit of ALCE who is required to obtain € a WW one certlffoatfon but obtalrrs a fevel rive ceatkatfon wfii receive an $ ti0 Incenfive Cay. E Any employee in the General Services bargaiOW unit a ALOE who is required to obtain I a level one cerliffcation but obtafis a level two certification win receive an additional $ 60 per rnanlh In incentive pay, I -- —m APPROVED: Z ftir , City Manager 40 vr, or •.� cnnvnrnn MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 Any employee In the Maintenancm and Operators bargaining unit ALCI` who is required to obtain a level one cartiilcation but obtains a level two corUfication will receive and additional Z% incBMW pay. It was tentathrely agreed that this would be implemented retroactivelyto July 9, 2006. FISCAL IMPACT: The addafanal annual expenditurefor both d the amendments to the MOUS terms aporoximateiy $54,001] per year. FUNDING AVAILABLE: The additional costs for cerlificallon pay of preparing and maping the suppiernental assessment will W borne by the Finance and City Attorney's bud 60, is R. Krueger, Deputy Cky Manager Attachment: Aftachment A• Amendment to General Services MOU Attachment9-Amendrnentto Malntenence& OperatorsMOU 900120A� 41 XYd 63 Z" 00041WO MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 RESOLLMON NO. 2007-134 A RESOU=NOFTHE LODI CITY COLINCILAPPROVING AMENDMENT TO MEMORANDUMSOFUNDERSTANDING WITHTHEl kwtENANCEAND OFI:RATOMAND QP NERAL SERVICES BARGAINkNG mrs OFTHtAS80CVION OF LOU CITY EMPLOYEES TO PROViDEADDITIONAL PAY FOR STATE REQUIRED CERTIFICATIONS OF MiSTRIBUTION CPERATORSIANDII NOW, THEREPOR£. BE li RESOLVED that the Lodi City Coundl does hereby approve an amendment to the Msnlorendumsd Understanding with the Maeitenance end Oper tors end General Services bargalning urdts of the Association of Lodi CKy Empldyeas io provide addufonal pay for State required csrtfficadons of Ushbulton Operator's I and II, as shawian ExhlbbA and Bae attached hereto; and BE 1T FURTHER RESOLVED that the amendment to the Memorandums of Understanding Shall be dbctivefvr the period J* 1, 2003 through June 30, 2008, DateC July 1812007 I hembycert fythat Resolution Na 2007-134 was paged and adopted by the Clry Count of ft CI1y of L.vdl in a regular meeting held July 19, 20(Y7, "e following vote: AYES: COUNCIL MEMBERS— HvmM Kalxakian. Moence, and MayorJohnson ' sao16)D ai NOES: COU NCI 1- MEMBERS —None ABSENT.. C010NC1L MEMBERS-H%oh000k ABSTAIN: COUNCIL MEMBERS—Nona I �-oNL j r Ciiy Clerk i 1 20D7-134 i 42 8Yi ar:Tl 0001/L11l) MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 S ide, letter to the CurrentUniffienanee & Operators HOU bcrween the City ofrUnn3 AFSCME Coons V, Local 146, AFL-CIO and its ALCE Chapter WbeaesL%the City maeivod a setter fYom the State ofCaliforniadaled Apfil20p2 rnandadagthat emplayeeawho perform Moainwator *TICMrelued tasks Gbo innintay tion QPasatoJ or bislrihutiea t7poratarlloertification Some0'the$errnployeeyAre intheAYSCML9srjlntng taut [MaiTl4enancek Opera#ata}. Whmeas, AFSC2M ODUW157, Local 146, AFL-CIO ALCE Chapter and the City of Lodi have resolved tbethis is= amicably. No% Thereefwa, be it resolved that AFSCM6 and the City of" agaeto the following adjuftcottobutpay7M reporlable],retmu:K,4loJuly 1,2DD6 upon approval ofthe AFSOASv= orBbipsndtheCityoflodi: 13mployeesin the fid lowingclaeaifioadomassigned to the water aervioca [iVektlWa9leWsterj dfnlslouofthePublic Works Dgmrtrneat shall receive suppiemerttalccatifica0onpay es listed below lorthe mgUredcer&)cWorjs; City of Lodi Public AistrIbutioa Operator CertlScoam, Pay Warb Aepanme3114 Title Certification Grade Added to Sese Pay Required Water(Wastenater Supervisor D2 41% Senior Plamt &Bquipmeut A2 4% Pleat & Equipment lvtcchanio D2 4% 'Pi'rter1W46 rra9 Mairuananoe DI 1%- Workerm Malnfegnee Worker III Dl �} Maironance Worker D1 Laboratory$erimSupervisor DIorTI" 2% Envino normal Compliance lrwXrtur DI orTl* 2% •PerregWar w MY Posses either a tteatmentopeaatorcadfioatr or a distribution opomtor certilieaft. Any curmntWlspWMW lemployeisreq red to obtaintbe771 oyrtMcxj0,%a tontinuetobe empioyedin 1dAcr ouzrmnt classcation. Oncehelshe obWns0w AxPin4 e4tifioarionhirlaer salarywiII he adjusted tgron verification. tea — gnnIcon W Vra RI "fl RA67.1111JR 43 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 p qy employee, who Obtaiusa rertificadonhOwthat rrqubod, shall havohiOct pay adjusted in accordancewith Article IV — Education InccWve OftheMOU t*=pt as follows: Peratannel listed abavcwho ate xequ ted !o oir alR aI7l iTl' certificate], wiw al]�in a T]2 (4i T2') certftftoshall receive an additional itwntivc;OM (ingead of$40 as sated in Artirde4,1). rAe City will pry fur the training to obtain the oertifwwfor currant and fudmemployees par Articfc4.2 ofi OM011. VetificAm forcatlml and httarawnpleyeescan be by letter framdto State velifyingahtaiuingthe required certlficsw or acopy ofthe cerulicateupon presenfhtion to the City ofLo& The fncreaseto rhe base pay "I the day the cer fioatcor kterts presmW to rhe My. The City will modify the rnesspeeftejob deaaiptlomto mfkect thnnew requimmmsihrthe above fob titles within 66days6 maurc that all new him amployeesam aware oftberegtthmnonts. By their signab—below, AFSCM and the city no= tbat the msolutioa corM ked herein mscj,vs this issue. AGREEb TO BY AFSC` E, AGREED TO BY THE COUNCIL, 57 CITY ONLOW YON Mario Hneru Jr., ,tames R (Krueger,1)epety, City Mkna=er Mark Ruggiero, Chapmr President Richard Fri mR, INMe Wo rio Directo r joI �soolBoa® 44 R9d 61:tt OOKILIILO MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 Bide leiter to the Corrcnt Gcneral Services MOIL between the City of Lodi and AFSCME Coartcll S7,1gMl 146,ARJ CIU oad its ALOE Chaptcr Whffeas,the City=dved a letter from the State ufCa —Le. dated April2oo2 mandating that employeww4o pwk m cmiainwater system WOW tasks obtain Dis ribotloo OperatorI or Distri Mon OperstwIl oertifica[ion. Some ofthesc employpesate in the AFSCMSBargaininguait (amoral servleo), Wheneas, AFSCMk Colwell 57, Local 146. AFI -CID ALCE Chapter and the City or LIDO have resd ed the his issue onirably. Now, Therefore. be it resolved thatAFSChfE End She C4y ofICA agreeto the following adjusu=tm base pay (PERSseppr able), ounactive to July X,2006 upon approval cftha APSCMErnembcrship and the City ofLodi: EmPloyeesin the following e12861ficationa assigned to Tim MicWorks I gwftnent shall receive supplanv Weartification pay as lkted below !brthe rcqukW certi6catiptis: City ofLodi Publio Distribution Operator CertilrcationPay Warks Department Job Title Certiftadon Grade Added to Bur Fav Requited Public Works Inspector XL 331 2gy PuSlie Works Inspector I DI 2% Senior Englnenftg Technician* M and 77 4% * ApplieM one imt mbenlin Us ciassifuution(Yevin Cudaw) who eurr Mly has these outifications,bui am rot toquircd fpr this classlflcadm Any %nmtt empkym rogoirrd to obtain the D Geri fitationwill aoniinueto tx ampioyedin hlafteer Gwent ellasslEcation, three Wsbe obtairre 4x required certification hisiber salarywlll be adjusted upon verification. The City will caotinueto pay for the training w obtain fhecerrifinata for curmaiand future employees. Venficadoa mr current and:CUU= employees can he by 3MMfn m the State ver,''��yyisggWtpintny the required ect0cate or a copy ofthe certificate upon presentation to dtt City of T aa7i.'ihemc=wto hg base pay dmH eomrnwtcc as the day the CemMcateer letter is presented to the City. The Citywlll modify the respeetivejob daxriprionsto rdicct the new requirements for the above job titles within 60 da}rata ensure that all new hire employees am aware of the mqu]. marnte, By heir signatumbelow. AFSCME and the. city agree tlwt tits resolution contained herein rVFolvra this issue, AGREED TO BY APSCMB, AGREell TG 13Y TIDE COUNCIL 57 CITY OPLUDL rob. Muio Huerr Jr., Marie Ruggiera, Chapter President f nnn�nnn� James R. Krueger, Deputy, Cary hfatrager Richard Prima, Public. Works Dircaur 45 era nt:lt anoxrrrrta MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-20174 A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO Nancy Vinson, Chief Negotiator Date: Linda Tremble, President Date: Donnie Sanford, Exec.Vice President Date: Sherry Moroz, Vice President Date: Travis Kahrs, Treasurer Date: Kari Chadwick, GS Representative Date: Thomas Gabriel, M&O Representative Date: Brian Longpre, M&O Representative Date: Rene Garcia, GS Representative Date: Terri Lovell, GS Representative Date: 46 CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer, City Manager Date: Jordan Ayers, Deputy City Manager Date: Adele Post, HR Manager Date: Approved As To Form: Janice D. Magdich, City Attorney Attest: Jennifer M. Ferraiolo, City Clerk 1. AA# 2. JV# Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. TO: Internal Services De t. - Bud et Division 3. FROM: Jordan A ers De u Ci Mana er 5. DATE: 6117/15 4. DEPARTMENT/DIVISION: Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. FUND # ORG # OBJ # ACCOUNT TITLE AMOUNT A. 120 12000000 50001 Library Transfer In $ 4,600.00 SOURCE OF 200 20000000 50001 PRCS Transfer In $ 17,566.00 FINANCING 100 32205 Unreserved Fund Balance $ 59,209.00 B. 100 10020202 71001 Finance $ 3,674.00 100 10020203 71001 Finance $ 9,266.00 100 10020400 71001 Information Systems $ 3,610.00 USE OF 100 10031002 71001 Animal Services $ 2,485.00 FINANCING 100 10031004 71001 Police $ 7,115.00 100 10040001 71001 Fire $ 774.00 100 10050001 71001 Public Works Admin $ 789.00 100 10050500 71001 Public Works Engineering $ 7,163.00 100 10051000 71001 Public Works Facilities $ 2,167.00 120 12090000 71001 Library $ 4,600.00 200 20070001 71001 PRCS Admin $ 914.00 200 20071001 71001 Community Center Admin $ 774.00 200 20071402 71001 PRCS $ 1,108.00 200 20072100 71001 PRCS Planning $ 1,318.00 200 20072202 71001 Parks Maintenance $ 3,517.00 200 20072203 71001 Sorts Facilities Maintenance $ 5,040.00 200 20072204 71001 Lodi Lake Maintenance $ 1,623.00 200 20072300 71001 Equipment Maintenance $ 1,000.00 200 20073001 71001 Recreation Admin $ 1 469.00 200 20073600 71001 Lodi Lake Programs $ 803.00 100 10095000 76220 General Fund Transfer Out $ 22,166.00 Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2015-101 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH AFSCME GENERAL SERVICES UNIT EFFECTIVE JANUARY 1, 2015 THROUGH DECEMBER 31, 2017 AND FURTHER APPROPRIATING FUNDS WHEREAS, City employees have seen a net pay decrease as a result of concessions agreed to during the Great Recession; and WHEREAS, most City employees have not seen an increase in base pay since 2008; and WHEREAS, the City is now in a position to grant a small base pay increase as partial restoration of prior concessions; and WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with AFSCME General Services Unit as follows as a partial restoration of prior concessions: • 3% increase to base salary, effective the first full pay period in 2015; 2% increase to base salary, effective the first full pay period in 2016; and 2% increase to base salary, effective the first full pay period in 2017; • A one-time bank of 40 hours of cashable leave; • Notary Public incentive of $40 per month; • Increase the overtime meal allowance from $20 to $25 and process through payroll; • Increase the maximum accrual of Compensatory Time Off (CTO) to 184 hours and allow cash out; • The maximum amount the City will pay towards medical premiums will be increased by the lower of 3% or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $42,100 for calendar year 2016 and $43,000 for calendar year 2017; • The City agrees to re -open discussions with AFSCME regarding the City's contribution to medical premiums in calendar years 2016 and 2017, and to discuss uniform allowance. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME General Services Unit, effective January 1, 2015 through December 31, 2017; and BE IT FURTHER RESOLVED that funds be appropriated as shown on the attached Appropriation Adjustment Request Form. Date: June 17, 2015 I hereby certify that Resolution No. 2015-101 was passed and adopted by the Lodi City Council in a special meeting held June 17, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Deputy City Clerk 2015-101 MEMORANDUM OF UNDERSTANDING CITY OF LODI A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO GENERAL SERVICES UNIT January 1, 2015 — December 31, 2017 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT TABLE OF CONTENTS CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV CHAPTER 2 — LEAVES Salary Hours Compensatory Time Overtime Meals Temporary Upgrade Tools and Uniform Allowance Safety/Safety Boot Provisions Education Incentives Notary Public Incentive Bilingual Pay Tuition Reimbursement Court Appearances Mileage Compensation 2015-2017 Pe # 4 4 5 5 7 7 7 10 11 11 11 11 11 12 Article XV Catastrophic Leave 12 Article XVI Bereavement Leave 12 Article XVII Holidays 13 Article XVIII Leave of Absence 14 Article XIX Sick Leave 14 Article XX Vacation Leave 14 CHAPTER 3 — INSURANCE AND RETIREMENT Article XXI Medical Insurance 15 Article XXII Dental Insurance 16 Article XXIII Vision Insurance 16 Article XXIV Chiropractic 16 Article XXV Life Insurance 16 Article XXVI Long Term Disability 16 Article XXVII Workers' Compensation 16 Article XXVIII Flexible Spending Account 17 Article XXIX Deferred Compensation 17 Article XXX PERS 17 Article XXXI Sick Leave Conversion 18 CHAPTER 4 — UNION / CITY ISSUES Article XXXII Union Leave 20 Article XX -XIII Layoff 20 Article XXXIV Changes in Memorandum 20 MOU - CITY OF LODI AND AFSCME Article XXXV City Rights Article XXXVI Employee Representation Article XXXV II Grievance Procedure Article XXXVIII Mutual Consent Contingency Article XXXIX No Strikes Article XL Probationary Period Article XLI Promotion Article XLII Seniority Article XLIII Shop Stewards Article XLIV Status Article XLV Term Attachment A — Salary Schedule effective January 5, 2015 3 GENERAL SERVICES UNIT 2015-2017 20 21 23 26 26 26 27 27 27 27 28 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 Chapter 1 - Salaries and Other Compensation ARTICLE I — SALARY 1.1 City shall provide a cost of living adjustment (COLA) of three (3.0) percent effective the first full pay period that begins after January 1, 2015. For calendar year 2016, the City shall provide a cost of living adjustment (COLA) of two (2.0) percent effective the first full pay period that begins after January 1, 2016. For calendar year 2017, the City shall provide a cost of living adjustment (COLA) of two (2.0) percent effective the first full pay period that begins after January 1, 2017. 1.2 Each member of this bargaining unit will receive 40 hours of personal leave with a cash -out option. The parties mutually agree that this leave bank is a one-time benefit in lieu of a restoration payment. Leave must be used or cashed -out prior to December 31, 2017. A request to cash out leave must be in writing and submitted to the Finance Division. The provisions in this paragraph sunset on December 31, 2017. 1.3 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 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. 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. al MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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 eighty-four (184) 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 Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 3.6 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance. 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 2.1 and 2.2. 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 2015-2017 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 2015-2017 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 $25.00 meal allowance, payable through payroll. 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 2015-2017 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. B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision that appears to grant the listed classifications both a city provided uniform and a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in the event the City and IBEW propose a quartermaster uniform system that incorporates the Field Services classifications. 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. N. MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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. 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. I. 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. I MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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 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 1/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 Senior Police Administrative Clerk (if assigned to Records division) Police Records Supervisor 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. 8.3 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. 10 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 8.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 8.5 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. 8.6 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 March 21, 2012. ARTICLE X — NOTARY PUBLIC INCENTIVE 10.1 Employees who possess a Notary Public certification and use the Notary Public service as a part of their employment duties with the City will receive a monthly incentive of $40.00. ARTICLE XI — BILINGUAL PAY 11.1 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 XII — TUITION REIMBURSEMENT 12.1 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 XIII — COURT APPEARANCES 13.1 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. 13.2 If jury duty attendance is less than one-half of a normal working day, the employee is expected to return to work. 11 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 13.3 Employees assigned to shift work shall not be scheduled for regular work during the 12 hours preceding the scheduled time for jury duty. 13.4 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. 13.5 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 XIV — MILEAGE COMPENSATION 14.1 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. 14.2 Allowance changes shall be effective the first day of the month following the determination of a change by the IRS. Chapter 2 - Leaves ARTICLE XV — CATASTROPHIC LEAVE 15.1 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. 15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability. ARTICLE XVI — BEREAVEMENT LEAVE 16.1 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: 12 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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. 16.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days for classifications in the General Services Unit. ARTICLE XVII — HOLIDAYS 17.1 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 Day Christmas Eve (4 hours) Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1St Monday in September 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. 17.2 Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day. 17.3 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. 13 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 17.4 Holiday time may be taken in quarter hour increments. ARTICLE XVIII — LEAVE OF ABSENCE 18.1 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 XIV — SICK LEAVE 19.1 Effective December 8, 2003, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 19.2 Sick leave may be accumulated up to an unlimited amount. 19.3 Employees will be able to use family sick leave for parents of children not residing with the employee consistent with City policy regarding use of family sick leave for a family members illnesses. ARTICLE XX — VACATION LEAVE 20.1 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 21St year 6.47 hours per pay period 22nd year 6.78 hours per pay period 23rd year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year & over 7.71 hours per pay period 20.2 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. 20.3 For all persons hired after September 1, 1995 the maximum vacation accrual will be 6.16 hours per pay period. 20.4 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. 14 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 Chapter 3 — Insurance and Retirement ARTICLE XXI —MEDICAL INSURANCE 21.1 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, Employee only) 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. 21.2 If employee selects a higher cost plan, employee will pay the difference as a payroll deduction. If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account: $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for employee only 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 Employee only, $1,314.66 for Employee +1, $1,709.06 for Family). 21.3 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. Effective January 1, 2016, the annual base salary will increase to $42,100 and effective January 1, 2017, the annual base salary will increase to $43,000 for this provision. Percentage increases shall be based upon the amounts paid by City ($657.33 for Employee only, $1,314.66 for Employee +1, $1,709.06 for Family). 21.4 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. 21.5 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 15 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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. 21.6 Notwithstanding any other provisions of this Agreement, the parties agree to re- open Article XXI, Section 21.2 entitled: "Medical Insurance" for negotiation, solely limited to determining the amount the City will contribute towards employee health plan premiums during calendar year 2016 and 2017. ARTICLE XXII — DENTAL INSURANCE 22.1 Employees are provided fully paid family dental insurance. 22.2 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 XXIII — VISION INSURANCE 23.1 The City agrees to provide a vision care plan equivalent to the VSP Plan B with a $25.00 deductible for the employee and dependents. The entire premium shall be paid by the City. ARTICLE XXIV — CHIROPRACTIC 24.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXV — LIFE INSURANCE 25.1 A life insurance program providing $10,000 term life insurance which includes a $10,000 Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 21 years, unmarried student dependent children to 23rd birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150 life insurance. The City will provide an additional $25,000 of Accidental Death and Dismemberment insurance for each member in the General Services Unit. ARTICLE XXVI — LONG TERM DISABILITY 26.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability. This program commences sixty (60) days from the date of disability. Please refer to the City's Policy on Long Term Disability. 26.2 The maximum length of coverage is three (3) years from date of disability. ARTICLE XXVII — WORKERS' COMPENSATION 27.1 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 16 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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 XXVIII — FLEXIBLE SPENDING ACCOUNT 28.1 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. 28.2 The City intends to propose a cafeteria -based benefit program that 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 will form a committee, comprised of one member from each Bargaining Unit, along with City staff to discuss the contents of said cafeteria plan. The City's proposed Cafeteria Plan will offer substantially the same or better benefits to those currently received by unit members ARTICLE XXIX — DEFERRED COMPENSATION 29.1 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 XXX — PERS 30.1 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 50% benefit (Section 21298). C. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4). d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and 21263.3). e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). 17 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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. 30.2 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. 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 XXXI — SICK LEAVE CONVERSION 31.1 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 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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 the 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00. PXAMPT F 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. 31.2 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. 31.3 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. 31.4 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 31.5 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. 19 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 31.6 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. 31.7 Option #4 is available to all represented employees meeting PERS eligibility requirements. 31.8 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 XXXII — UNION LEAVE 32.1 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. 32.2 The City agrees to provide storage space to AFSCME for association materials. ARTICLE XXXIII — LAYOFF 33.1 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXIV — CHANGES IN MEMORANDUM 34.1 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 XXXV — CITY RIGHTS 35.1 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. 20 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 • Maintain the efficiency of governmental operations; to determine the methods, means and personnel by which government operations are to be conducted. • Take all necessary actions to carry out its mission in emergencies. • Exercise complete control and discretion in the technology of performing its work. City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employees organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. ARTICLE XXXVI — EMPLOYEE REPRESENTATION 36.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered into between representatives of the City of Lodi (hereinafter referred to as City) and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (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. 36.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51 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. 36.3 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 21 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 days of employment in a covered job classification. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement and the requirement to become and maintain membership in the UNION. A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting. In the event an employee covered by this Agreement fails to apply for, or maintain their membership in the UNION, or reinstate themselves into membership in good standing, the UNION may give the CITY written notice of the fact and request that the employee be suspended or terminated from employment. In such event, the CITY shall suspend or terminate the employment of said employee, as requested, within 15 business days of receipt of the notice. Fair Share Donation — Any employee who is a member of a bona fide religion, body, or sect who has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the UNION. Such employee shall, in lieu of Agency Shop Fees, pay sums equal to said amount to a non -religious, non -labor United Way charitable organization exempt from taxation under Section 501 c (3) of the Internal Revenue Code, which has been selected by the UNION from the local United Way. Payments shall be made by payroll deduction as a condition of continued exceptions from the requirements of financial support to the UNION and as a condition of continued employment. Disputes regarding the application for this provision, by employees, shall be subject to arbitration 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. 22 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 Payroll deductions shall be limited to the following choices: • Union Membership Dues • Agency Shop Fees • AFSCME Voluntary Political Action Check Off (PEOPLE) • Fair Share donations to the United Way Campaign Fair Share donations are limited to employees with religious objections. The Union will comply with its legal obligation regarding the administration of this section. Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article. 36.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate Department 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. 36.5 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. 36.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XXXVII — GRIEVANCE PROCEDURE 37.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal 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. 23 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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. 37.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: a. Interpretation or application of any of the terms of this MOU, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City. b. Discharge, demotion, suspension, or discipline of an individual employee. C. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa. 37.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the Grievant became aware of the incident which is the basis of the Grievance. 37.4 STEP TWO: If a grievance 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. 37.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall be the presentation of the Grievance, in writing, by the employee or his 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. 37.6 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 24 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and AFSCME shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guide lines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. C. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought 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. 25 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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. 37.7 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 37.8 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 37.9 Only AFSCME may appeal a grievance to arbitration. ARTICLE XXXVIII — MUTUAL CONSENT CONTINGENCY 38.1 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 XXXIX — NO STRIKES 39.1 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 XL — PROBATIONARY PERIOD 40.1 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 26 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 service of the employee is deemed to be unsatisfactory, the employee shall be notified that he/she has not satisfactorily completed probation. 40.2 During the probationary period, all new hires shall have the rights and privileges afforded to other employees, except: a. Vacation Leave — See Article XIX for vacation schedule. b. The use of the Grievance Procedure to grieve termination. C. The City and the employee may mutually agree to extend the probationary period for not more than six (6) months. AFSCME shall be notified of all extensions. d. Probation shall be extended for the same time as any leaves of absence. 40.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position from which he/she was promoted unless he/she is discharged. The seniority and status of a rejected candidate shall continue as before. ARTICLE XLI — PROMOTION 41.1 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 XLII - SENIORITY 42.1 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 XLIII — SHOP STEWARDS 43.1 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 27 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 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 XLIV — STATUS 44.1 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/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 XLV — TERM 45.1 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, 2015 through December 31, 2017. MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 ATTACHMENT A SALARY SCHEDULE - GENERAL SERVICES Effective January 5, 2015 OCCUPATION TITLE OCC STEP 0 STEP 1 STEP 2 STEP 3 STEP 4 ACCOUNT CLERK 2000 2919.51 3065.49 3218.76 3379.70 3548.69 ADMINISTRATIVE CLERK 2700 2643.79 2775.98 2914.79 3060.52 3213.55 ADMINISTRATIVE SECRETARY 2702 3516.70 3692.54 3877.17 4071.02 4274.57 ANIMAL SERVICES SUPERVISOR 2021 3431.00 3602.56 3782.69 3971.81 4170.41 AQUATIC COORDINATOR 2603 3482.54 3656.68 3839.51 4031.48 4233.05 ASSISTANT ANIMAL SERVVICES OFFICER 2020 2983.56 3132.74 3289.38 3453.85 3626.54 BUILDING INSPECTOR 1 2072 4060.64 4253.68 4466.37 4689.69 4924.17 BUILDING INSPECTOR II 2073 4456.24 4679.05 4913.01 5158.66 5416.60 CODE ENFORCEMENT OFFICER 2022 4244.04 4456.24 4679.05 4913.01 5158.66 CUSTOMER SERVICE REPRESENTATIVE 1 2011 2654.11 2786.82 2926.16 3072.46 3226.08 CUSTOMER SERVICE REPRESENTATIVE II 2012 2919.51 3065.49 3218.76 3379.70 3548.69 ENGINEERING AID 2199 3213.60 3374.28 3542.99 3720.14 3906.15 ENGINEERING TECHNICIAN 1 2200 4089.64 4294.11 4508.82 4734.26 4970.98 ENGINEERING TECHNICIAN II 2201 4498.60 4723.52 4959.70 5207.68 5468.06 FIELD SERVICES REPRESENTATIVE 2050 3609.29 3789.75 3979.24 4178.21 4387.11 FIELD SERVICES SUPERVISOR 2051 4154.73 4362.47 4580.60 4809.62 5050.10 FINANCE TECHNICIAN 2014 3532.61 3709.25 3894.71 4089.45 4293.92 INFORMATION SYSTEMS SPECIALIST 2400 4012.25 4212.88 4423.79 4644.68 4876.92 JUNIOR ENGINEER 2203 4948.45 5195.88 5455.66 5728.45 6014.87 JUNIOR ENGINEER PLANS EXAMINER 2071 4456.24 4679.05 4913.01 5158.66 5416.60 JUNIOR PLANNER 2208 4038.36 4240.27 4452.29 4674.90 4908.65 LIBRARY ASSISTANT 2500 2775.99 2914.79 3060.53 3213.56 3374.23 NETWORK TECHNICIAN 2401 4811.66 5052.24 5304.85 5570.10 5848.61 PARKING ENFORCEMENT ASSISTANT 2027 3006.54 3156.87 3314.72 3480.45 3654.47 PARKS PROJECT COORDINATOR 2600 4948.45 5195.88 5455.66 5728.45 6014.87 PERMIT TECHNICIAN 2070 3339.93 3506.97 3682.31 3866.44 4059.76 POLICE RECORDS CLERK 1 2024 2624.14 2755.34 2893.12 3037.77 3189.66 POLICE RECORDS CLERK II 2023 2886.57 3030.89 3182.43 3341.56 3508.63 POLICE RECORDS CLERK SUPERVISOR 2026 3319.04 3485.00 3659.24 3842.20 4034.31 PROGRAM COORDINATOR 2602 3089.30 3243.76 3405.94 3576.24 3755.06 PW INSPECTOR 1 2204 4051.13 4253.68 4466.37 4689.69 4924.17 PW INSPECTOR 11 2205 4456.24 4679.05 4913.01 5158.66 5416.60 SENIOR ADMINISTRATIVE CLERK 2701 2908.17 3053.58 3206.27 3366.58 3534.91 SENIOR ENGINEERING TECHNICIAN 2202 4948.45 5195.88 5455.66 5728.45 6014.87 SENIOR LIBRARY ASSISTANT 2505 3053.58 3206.27 3366.58 3534.91 3711.65 SENIOR POLICE ADMINISTRATIVE CLERK 2025 3078.44 3232.38 3393.98 3563.68 3741.87 SUPERVISING CUSTOMER SERVICE REP 2013 3532.61 3709.25 3894.71 4089.45 4293.92 29 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2015-2017 WATER SERVICES TECHNICIAN 1 2206 1 4804.32 5044.54 5296.77 5561.60 5839.68 WATER SERVICES TECHNICIAN II 2207 5284.75 5548.98 5826.43 6117.76 6423.65 WATERSHED PROGRAM COORDINATOR 2209 3089.30 3243.76 3405.94 3576.24 3755.06 YOUTH OUTREACH WORKER 2028 3374.28 3577.81 3792.05 4018.78 4300.87 W MOU - CITY OF LODI AND AFSCME A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO Nancy Vinson, Chief Negotiator Date: Linda Tremble, President Date: Donnie Sanford, Exec.Vice President Date: Sherry Moroz, Vice President Date: Travis Kahrs, Treasurer Date: Kari Chadwick, GS Representative Date: Thomas Gabriel, M&O Representative Date: Brian Longpre, M&O Representative Date: Rene Garcia, GS Representative Date: Terri Lovell, GS Representative Date: 31 GENERAL SERVICES UNIT 2015-2017 CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer, City Manager Date: Jordan Ayers, Deputy City Manager Date: Adele Post, HR Manager Date: Approved As To Form: Janice D. Magdich, City Attorney Attest: Jennifer M. Ferraiolo, City Clerk 1. AA# 2. JV# Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. TO: Internal Services De t. - Bud et Division 3. FROM: Jordan A ers De u Ci Mana er 5. DATE: 6117/15 4. DEPARTMENT/DIVISION: Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. FUND # ORG # OBJ # ACCOUNT TITLE AMOUNT A. 120 12000000 50001 Library Transfer In $ 4,600.00 SOURCE OF 200 20000000 50001 PRCS Transfer In $ 17,566.00 FINANCING 100 32205 Unreserved Fund Balance $ 59,209.00 B. 100 10020202 71001 Finance $ 3,674.00 100 10020203 71001 Finance $ 9,266.00 100 10020400 71001 Information Systems $ 3,610.00 USE OF 100 10031002 71001 Animal Services $ 2,485.00 FINANCING 100 10031004 71001 Police $ 7,115.00 100 10040001 71001 Fire $ 774.00 100 10050001 71001 Public Works Admin $ 789.00 100 10050500 71001 Public Works Engineering $ 7,163.00 100 10051000 71001 Public Works Facilities $ 2,167.00 120 12090000 71001 Library $ 4,600.00 200 20070001 71001 PRCS Admin $ 914.00 200 20071001 71001 Community Center Admin $ 774.00 200 20071402 71001 PRCS $ 1,108.00 200 20072100 71001 PRCS Planning $ 1,318.00 200 20072202 71001 Parks Maintenance $ 3,517.00 200 20072203 71001 Sorts Facilities Maintenance $ 5,040.00 200 20072204 71001 Lodi Lake Maintenance $ 1,623.00 200 20072300 71001 Equipment Maintenance $ 1,000.00 200 20073001 71001 Recreation Admin $ 1 469.00 200 20073600 71001 Lodi Lake Programs $ 803.00 100 10095000 76220 General Fund Transfer Out $ 22,166.00 Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2015-102 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH AFSCME MAINTENANCE & OPERATORS UNIT EFFECTIVE JANUARY 1, 2015 THROUGH DECEMBER 31, 2017 AND FURTHER APPROPRIATING FUNDS WHEREAS, City employees have seen a net pay decrease as a result of concessions agreed to during the Great Recession; and WHEREAS, most City employees have not seen an increase in base pay since 2008; and WHEREAS, the City is now in a position to grant a small base pay increase as partial restoration of prior concessions; and WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with AFSCME Maintenance & Operators Unit as follows as a partial restoration of prior concessions: 3% increase to base salary, effective the first full pay period in 2015; 2% increase to base salary, effective the first full pay period in 2016; and 2% increase to base salary, effective the first full pay period in 2017; • A one-time bank of 40 hours of cashable leave; • Notary Public incentive of $40 per month; • Increase the overtime meal allowance from $20 to $25 and process through payroll; ■ Increase the maximum accrual of Compensatory Time Off (CTO) to 184 hours and allow cash out; • Add two (2) Surface Water Treatment Operators to eligibility for Applicators incentive; • The maximum amount the City will pay towards medical premiums will be increased by the lower of 3% or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $42,100 for calendar year 2016 and $43,000 for calendar year 2017; • The City agrees to re -open discussions with AFSCME regarding the City's contribution to medical premiums in calendar years 2016 and 2017, and to discuss uniform allowance. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME Maintenance & Operators Unit, effective January 1, 2015 through December 31, 2017; and BE IT FURTHER RESOLVED that funds be appropriated as shown on the attached Appropriation Request Form. Date: June 17, 2015 I hereby certify that Resolution No. 2015-102 was passed and adopted by the Lodi City Council in a special meeting held June 17, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Deputy City Clerk 2015-102 MEMORANDUM OF UNDERSTANDING CITY OF LODI AND A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO MAINTENANCE & OPERATORS UNIT January 1, 2015 — December 31, 2017 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 TABLE OF CONTENTS CHAPTER 1— SALARIES AND OTHER COMPENSATION Pie # 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 Shift Differential 7 Article VIII Standby Pay — Call -Out Pay 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 Notary Public Incentive 12 Article XIV Bilingual Pay 12 Article XV Tuition Reimbursement 12 Article XVI Court Appearances 12 Article XVII Mileage Compensation 13 CHAPTER 2 — LEAVES Article XVIII Catastrophic Leave 13 Article XIX Bereavement Leave 14 Article XX Holidays 14 Article XXI Leaves of Absence 15 Article XXII Sick Leave 15 Article XXIII Vacation Leave 15 CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT Article XXIV Medical Insurance 16 Article XXV Dental Insurance 17 Article XXVI Vision Insurance 17 Article XXVII Chiropractic Insurance 17 Article XXVIII Life Insurance 17 Article XXIX Long Term Disability 17 Article XXX Workers' Compensation 18 Article XXXI Flexible Spending Account 18 Article XXXII Deferred Compensation Plan 18 Article XXXII I PERS 18 Article XXXIV Sick Leave Conversion 20 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 CHAPTER 4 — UNION / CITY ISSUES Article XXXV Union Leave 21 Article XXXVI Demotion And Layoff 21 Article XXXVII Changes in Memorandum 22 Article XXXV III City Rights 22 Article XXXIX Employee Representation 22 Article XL Grievance Procedure 25 Article XLI Mutual Consent Contingency 28 Article XLII No Strikes 28 Article XLIII Probationary Period 28 Article XLIV Promotion 29 Article XLV Seniority 29 Article XLVI Shop Stewards 29 Article XLVII Status 29 Article XLVIII Term 30 Exhibit A — Salary Schedule effective January 5, 2015 Exhibit B — Salary Schedule Specific Positions effective January 5, 2015 Exhibit C — Incentive Pay Schedule Exhibit D — Incentive Pay for Equipment Maintenance Employees Exhibit E — Certification Pay 3 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 Chapter 1— Salaries and Other Compensation ARTICLE I — SALARY 1.1 City shall provide a cost of living adjustment (COLA) of three (3.0) percent effective the first full pay period that begins after January 1, 2015. For calendar year 2016, the City shall provide a cost of living adjustment (COLA) of two (2.0) percent effective the first full pay period that begins after January 1, 2016. For calendar year 2017, the City shall provide a cost of living adjustment (COLA) of two (2.0) percent effective the first full pay period that begins after January 1, 2017. 1.2 Each member of this bargaining unit will receive 40 hours of personal leave with a cash -out option. The parties mutually agree that this leave bank is a one-time benefit in lieu of a restoration payment. Leave must be used or cashed -out prior to December 31, 2017. A request to cash out leave must be in writing and submitted to the Finance Division. The provisions in this paragraph sunset on December 31, 2017. 1.3 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 1.4 City and bargaining unit agree to work together to eliminate two-tier salary structure for classifications and modify job descriptions to incorporate required certifications. Further, City and bargaining unit agree to review and adjust salary for Water Plant Operators and Wastewater Plant Operators taking into account required certifications and incentive pay. The City's intent is to have this completed no later than September 30, 2015, and will consider any salary adjustments retro -active to January 5, 2015, subject to City Council approval. 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. C! MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 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 The decision to elect compensatory time or overtime pay may be made each time overtime is worked. 3.3 No more than one hundred eighty-four (184) hours of compensatory time may be carried on the books at any time. Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 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 2.1 and 2.2; and b. Time worked on a non -work day. 5 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 Overtime work paid at the double time rate is work performed in excess of 12 hours between 12 midnight and 12 midnight on any given day, any work performed between the hours of 12 midnight and 6:00 a.m., and any work performed on holidays. Hours worked on a holiday, as part of any employee's regular work schedule, shall be compensated at the appropriate overtime rate as provided plus the employee shall receive his or her regular straight time pay. 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. C MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 ARTICLE V - MEALS 5.1 If the City requires an employee to perform work for one and one-half (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 $25.00 meal allowance, payable through payroll. 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 Wastewater Treatment Plant Operators for all hours worked during swing shifts. Swing shifts are those daily work periods regularly scheduled to begin from 12 Noon to 10 pm. Shift assignments shall be made by the City at its sole discretion consistent with this MOU. ARTICLE VIII — STANDBY PAY — CALL -OUT PAY 8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit shall be eligible for standby pay as noted below: 7 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 A. Standby Pay: All employees in the Maintenance and Operators Bargaining Unit, except Waste Water Plant Operators and Water Plant Operators, shall receive compensation of three (3) hours of straight pay when said employees are in standby status. B. Standby Pay: 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 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 Facilities Maintenance Worker Plant & Equipment Mechanic Facilities Supervisor Fleet Services Supervisor Heavy Equipment Mechanic Maintenance Worker I & II Park Maintenance Worker I /IVIII Park Supervisor Chief Wastewater Plant Operator Street Maintenance Worker UIUIII Street Supervisor Sr. Facilities Maintenance Worker Sr. Storekeeper W/WWMaintenanceWorker UIUIII W/WW Supervisor W/WW Plant Operator I/II/III Water Plant Operator 1/II/III Welder -Mechanic 9.2 Coveralls as needed, but no more than 3, are provided to: Chief Wastewater Plant Operator Plant and Equipment Mechanic Wastewater Plant Operator I, II, III Environmental Compliance Inspector Sr. Plant and Equipment Mechanic Maintenance Workers I and II assigned to White Slough Water Plant Operator UII/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. E MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 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 damaged 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. 10 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 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 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 of April 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 and two (2) Surface Water Plant Operators for the possession of a Qualified Applicators Certificate. In the event of the separation of one of the two Wastewater 11 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 or Surface Water Plant Operators, the remaining employee at each plant shall receive $40.00 per month. 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 — NOTARY PUBLIC INCENTIVE 13.1 Employees who possess a Notary Public certification and use the Notary Public service as a part of their employment duties with the City will receive a monthly incentive of $40.00. ARTICLE XIV — BILINGUAL PAY 14.1 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 XV — TUITION REIMBURSEMENT 15.1 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 XVI — COURT APPEARANCES 16.1 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 12 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 service such as that service in San Joaquin County is not covered by jury duty leave. 16.2 If jury duty attendance is less than one-half of a normal working day, the employee is expected to return to work. 16.3 If an employee has had jury duty of six hours or more during a 16 -hour period immediately preceding the beginning of or following the end of his or her regular work hours on a work day, he/she shall be given a rest period of six (6) consecutive hours. 16.4 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 XVII — MILEAGE COMPENSATON 17.1 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 a change by the IRS. Chapter 2 - Leaves ARTICLE XVIII — CATASTROPHIC LEAVE 18.1 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. 18.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability 13 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 ARTICLE XIX — BEREAVEMENT LEAVE 19.1 Regular employees shall be granted 3 days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's: spouse parent Grandparent grandparent -in-law parent -in-law Child grandchild son-in-law daughter-in-law stepchild foster parents Brother half-brother half-sister Sister or a more distant relative who was a member of the employee's immediate household at the time of death. 19.2 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 XX — HOLIDAYS 20.1 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 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1St 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 14 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day. 20.2 Holiday time may be taken in quarter hour increments. ARTICLE XXI — LEAVES OF ABSENCE 21.1 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 XXII — SICK LEAVE 22.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 22.2 Sick leave may be accumulated up to an unlimited amount. 22.3 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 XXIII — VACATION LEAVE 23.1 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 23.2 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. 23.3 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. 15 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 23.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate will be 6.16 hours per pay period. Chapter 3 - Insurance and Retirement ARTICLE XXIV — MEDICAL INSURANCE 24.1 All employees are offered medical insurance for themselves and dependents through Ca1PERS-Medical Plans. City shall pay 100% premium for the employee's family category (Family, Employee+l, Employee only) 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. 24.2 If Employee selects a higher cost plan, Employee will pay the difference as a payroll deduction. If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account: $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for employee only In order to qualify for this provision, proof of group insurance must be provided to the City. 24.3 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 Employee only, $1,314.66 for Employee +1, $1,709.06 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. Effective January 1, 2016, the annual base salary will increase to $42,100 and effective January 1, 2017, the annual base salary will increase to $43,000 for this provision. 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). 16 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 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. 24.5 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 remarries, the children reach the age of 26, or other medical insurance becomes available. 24.6 Notwithstanding any other provisions of this Agreement, the parties agree to re- open Article XXIII, Section 23.2 entitled: "Medical Insurance" for negotiation, solely limited to determining the amount the City will contribute towards employee health plan premiums during calendar year 2016 and 2017. ARTICLE XXV — DENTAL INSURANCE 25.1 Employees are provided fully paid family dental insurance. 25.2 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 XXVI — VISION INSURANCE 26.1 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 XXVII — CHIROPRACTIC INSURANCE 27.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXVIII — LIFE INSURANCE 28.1 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 XXIX — LONG TERM DISABILITY 29.1 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. 29.2 The maximum length of coverage is three years from date of disability. 17 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 ARTICLE XXX — WORKER'S COMPENSATION 30.1 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 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 XXXI — FLEXIBLE SPENDING ACCOUNT 31.1 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. 31.2 The City intends to propose a cafeteria -based benefit program that 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 will form a committee, comprised of one member from each Bargaining Unit, along with City staff to discuss the contents of said cafeteria plan. The City's proposed Cafeteria Plan will offer substantially the same or better benefits to those currently received by unit members. ARTICLE XXXII — DEFERRED COMPENSATION PLAN 32.1 The City and AFSCME agree to the implementation of the following program effective July 1, 1977. 32.2 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 XXXIII — PERS 33.1 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: MOV MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 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. 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. 33.2 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 30% 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. 19 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 ARTICLE XXXIV — SICK LEAVE CONVERSION 34.1 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: 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 XXIII. 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. F.XAMPT R - 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. 20 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 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. 34.2 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. 34.3 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. 34.4 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. Option#4 — PERS CREDIT 34.5 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. 34.6 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. 34.7 Option #4 is available to all represented employees meeting PERS eligibility requirements. 34.8 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 XXXV — UNION LEAVE 35.1 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. 35.2 The City agrees to provide storage space to AFSCME for union materials. ARTICLE XXXVI — DEMOTION AND LAYOFF 21 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 36.1 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. 36.2 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXVII — CHANGES IN MEMORANDUM 37.1 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. ARTICLE XXXVIII — CITY RIGHTS 38.1 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 XXXIX — EMPLOYEE REPRESENTATION 39.1 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. 22 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 The parties to this MOU acknowledge and agree that this MOU constitutes the results of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reach agreement are set forth in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment. The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A. 39.2 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. 39.3 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. 23 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 d. Membership status shall remain in effect for the duration of this Agreement except that an employee may change his or her status from UNION member not more than 90 days or less than 60 days prior to the expiration of this Agreement. An employee changing his or her membership status shall submit the appropriate form to the UNION. Thereafter, the UNION will notify the CITY of the change and the appropriate notation shall be made to the employee's record and/or payroll deduction. e. The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted. f. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY. g. Payroll deductions shall be limited to the following choices: • Union Membership Dues • Agency Shop Fees • AFSCME Voluntary Political Action Check Off (PEOPLE) • Fair Share donations to the United Way Campaign • Fair Share donations are limited to employees with religious objections. h. The Union will comply with its legal obligation regarding the administration of this section. 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. 39.4 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. 24 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 39.5 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. 39.6 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 XL — GRIEVANCE PROCEDURE 40.1 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. 40.2 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. 25 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 40.3 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. 40.4 STEP TWO: If a grievance has not been resolved in initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days from the date of the answer in Step One. 40.5 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. 40.6 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. 26 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing will be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial 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. 27 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 40.7 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. 40.8 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. 40.9 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 40.10 Only AFSCME may appeal a grievance to arbitration. ARTICLE XLI — MUTUAL CONSENT CONTINGENCY 41.1 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 XLII — NO STRIKES 42.1 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 XLIII — PROBATIONARY PERIOD 43.1 All appointments to positions in the classified service shall be subject to a probationary period of 12 continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his or her new duties, assignments and responsibilities in his or her new position and for rejecting any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he or she has not satisfactorily completed probation. 43.2 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. MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 43.3 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 XLIV — PROMOTION 44.1 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. ARTICLE XLV — SENIORITY 45.1 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 XLVI — SHOP STEWARDS 46.1 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 XLVII — STATUS 47.1 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). 29 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 b. A probationary employee is defined as an employee hired for a full time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he or she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve months of continuous full time service with the City, a probationary employee shall be given the status of a regular employee. C. A temporary employee is an employee hired on a full time basis to temporarily fill a full time position (at least 32 hours per week). Temporary employees shall attain regular status after being employed for twelve (12) continuous months. ARTICLE XLVIII — TERM 48.1 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, 2015 to December 31, 2017. 30 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 CLASSIFICATION PLAN Maintenance & Operators Employees hired before 3/21/12 Effective January 5, 2015 EXHIBIT A OCCUPATION TITLE JOB CODE STEP 0 STEP 1 STEP 2 STEP 3 STEP 4 BUILDING SERVICES SUPERVISOR 4701 4163.40 4371.57 4590.14 4819.66 5060.65 CHIEF WASTEWATER PLANT OPERATOR 4150 5159.74 5417.73 5688.62 5973.04 6271.70 ENVIRONMENTAL COMPLIANCE INSPECTOR 4160 4272.65 4486.28 4710.59 4946.12 5193.43 EQUIPMENT SERVICE WORKER 4000 3130.63 3287.16 3451.52 3624.10 3805.30 FACILITIES SUPERVISOR 4050 4352.95 4570.59 4799.12 5039.08 5291.03 FLEET SERVICES SUPERVISOR 4040 4752.45 4990.07 5239.58 5501.56 5776.63 HEAVY EQUIPMENT MECHANIC 4020 3757.15 3945.01 4142.26 4349.37 4566.85 LABORATORY SUPERVISOR 4075 5159.74 5417.73 5688.62 5973.05 6271.70 LABORATORY TECHNICIAN 1 4070 3403.24 3573.41 3752.08 3939.69 4136.67 LABORATORY TECHNICIAN 11 4071 3743.28 3930.44 4126.96 4333.31 4549.97 LEAD EQUIPMENT MECHANIC 4010 4132.87 4339.51 4556.48 4784.31 5023.53 MAINTENANCE WORKER 1 4080 2979.90 3128.98 3285.37 3449.62 3622.26 MAINTENANCE WORKER II 4081 3277.35 3441.22 3613.28 3793.94 3983.64 PARK MAINTENANCE WORKER 1 4710 2838.19 2980.10 3129.10 3285.56 3449.83 PARK MAINTENANCE WORKER 11 4711 3121.71 3277.79 3441.68 3613.77 3794.46 PARK MAINTENANCE WORKER III 4712 3433.98 3607.54 3785.96 3975.26 4174.02 PARK SUPERVISOR 4740 4352.95 4570.59 4799.12 5039.08 5291.03 PARTS CLERK 4030 2981.93 3131.03 3287.58 1 3451.96 3624.56 PLANT & EQUIPMENT MECHANIC 4130 3884.15 4078.29 4282.09 4496.13 4720.94 SENIOR FACILITIES MAINTENANCE WORKER 4060 3784.91 3974.15 4172.86 4381.51 4600.59 SENIOR STOREKEEPER 4140 3528.84 3705.28 3890.55 4085.07 4289.33 STREET MAINTENANCE WORKER 1 4090 3056.31 3209.12 3369.58 3538.06 3714.96 STREET MAINTENANCE WORKER II 4092 3353.62 3521.29 3697.36 3882.22 4076.34 STREET MAINTENANCE WORKER 111 4100 3605.48 3785.76 3975.04 4173.80 4382.49 STREET SUPERVISOR 4110 4570.05 4798.55 5038.48 5290.40 5554.92 TRAFFIC SIGN WORKER 4120 3121.71 3277.79 3441.68 3613.77 3794.46 WASTEWATER PLANT OPERATOR 1 4170 3706.50 3891.82 4086.41 4290.73 4505.27 WASTEWATER PLANT OPERATOR II 4172 4077.26 4281.12 4495.18 4719.93 4955.93 WASTEWATER PLANT OPERATOR 111 4173 4484.99 4709.23 4944.69 5191.93 5451.52 WATER PLANT OPERATOR II 4200 4077.26 4281.12 4495.18 4719.93 4955.93 WATER PLANT OPERATOR III 4201 4484.99 4709.23 4944.69 5191.93 5451.52 WATER/WASTEWATER MANT WORKER 1 4210 3082.02 3236.12 3397.93 3567.82 3746.21 WATER/WASTEWATER MANT WORKER II 4211 3419.16 3590.12 3769.63 3958.11 4156.01 WATER/WASTEWATER MANT WORKER 111 4212 3605.48 3785.74 3975.05 4173.80 4382.49 WATER/WASTEWATER SUPERVISOR 4180 4913.96 5159.81 5417.57 5688.62 5973.10 WELDER -MECHANIC 4220 3757.06 3945.05 4142.33 4349.43 4566.89 31 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 CLASSIFICATION PLAN Maintenance & Operators Employees hired after 3/21/12 Effective January 5, 2015 EXHIBIT B OCCUPATION TITLE JOB CODE STEP 0 STEP 1 STEP 2 STEP 3 STEP 4 ENVIRONMENTAL COMPLIANCE INSPECTOR (A) 4161 4306.54 4521.87 4747.96 4985.35 5234.63 EQUIPMENT SERVICE WORKER (A) 4001 3173.00 3331.65 3498.23 3673.15 3856.80 HEAVY EQUIPMENT MECHANIC (A) 4021 3926.63 4122.97 4329.11 4545.57 4772.85 LEAD EQUIPMENT MECHANIC (A) 4011 4302.34 4517.46 4743.34 4980.50 5229.53 PLANT & EQUIPMENT MECHANIC (A) 4131 4217.24 4428.10 4649.51 4881.98 5126.08 STREET MAINTENANCE WORKER III (A) 4101 3715.64 3901.42 4096.50 4301.32 4516.39 STREET SUPVERVISOR (A) 4111 4714.10 4949.81 5197.30 5457.17 5730.02 WATER/WASTEWATER MANT WORKER III (A) 4213 3859.85 4052.85 4255.50 4468.26 4691.68 WATER/WASTEWATER SUPVERVISOR (A) 4181 5322.50 5588.63 5868.05 6161.46 6469.53 32 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 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 II II • Wastewater Plant Operator I & II I • Environmental Compliance Inspector II • Chief Wastewater Plant Operator II • Laboratory Services Supervisor III Minimum Grade Level 3. Mechanical Maintenance Certification to Earn Incentive (CWEA — 4 Grade Levels) • Plant and Equipment Mechanic II • Wastewater Plant Operator I & II I • Water/ Wastewater Maintenance Worker I, II, III II • Chief Wastewater Plant Operator II • Sr. Plant and Equipment Mechanic III • Water/ Wastewater Supervisor II Minimum Grade Level 4. Sewer Collection Maintenance Certification to Earn Incentive (CWEA — 4 Grade Levels) • Laborer, Maintenance Worker I & II I (Streets or Water/ Wastewater) • Maintenance Worker III II (Streets or Water/ Wastewater) • Plant and Equipment Mechanic II • Sr. Plant and Equipment Mechanic II • Street Supervisor, Water/ Wastewater III Supervisor 33 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 Minimum Grade Level 5. Wastewater Treatment Plant Opr. Certification to Earn Incentive (CSWRCB — 5 Grade Levels) • Wastewater Plant Operator I II • Wastewater Plant Operator II III • Chief Wastewater Plant Operator IV Minimum Grade Level 6. Water Distribution Operator Certification to Earn Incentive (State of California — 5 Grade Levels) • Laborer ( Water/ Wastewater) I • Maintenance Worker I, II, III II (Water/Wastewater) • Laboratory Services Supervisor II • Environmental Compliance Inspector II • Plant and Equipment Mechanic III • Sr. Plant & Equipment Mechanic III • Water/ Wastewater Supervisor III Minimum Grade Level 7. Water Treatment Plant Opr. Certification to Earn Incentive (State of California — 5 Grade Levels) • Laborer, Maintenance Worker I, II I (Water/ Wastewater) • Maintenance Worker III II (Water/ Wastewater) • Laboratory Services Supervisor II • Environmental Compliance Inspector II • Plant and Equipment Mechanic III • Sr. Plant and Equipment Mechanic III • Water/ Wastewater Supervisor III 8. Qualified Applicators Certificate (State of California) • Street Supervisor • Parks Maintenance Worker III • Parks Supervisor • Streets Maintenance Worker I, II, III & Laborer • Wastewater Plant Operator I • Water Plant Operator III • Senior Facilities Maintenance Worker 34 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 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 2015-2017 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 Adiustment License issued by BAR $25.00 Equipment Service Worker Heavy Equipment Mechanic Welder -Mechanic Lead Equipment Mechanic Class A Lamp Adiustment License issued by BAR $12.50 Equipment Service Worker Heavy Equipment Mechanic Welder -Mechanic Lead Equipment Mechanic Aluminum 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 36 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 A-2 Automatic Transmission/Transaxle A-3 Manual Drive Train & Axles A-4 Suspension & Steering A-5 Brakes A-6 Electrical/ Electronic Systems A-7 Heating & Air Conditioning A-8 Engine Performance F-1 Light Vehicle Compressed Natural Gas H-2 Transit Bus: Diesel Engines H-3 Transit Bus: Drive Train H-4 Transit Bus: Brakes H-5 Transit Bus: Suspension and Steering H-6 Transit Bus: Electrical/Electronic Systems H-7 Transit Bus: HVAC P-1 Med/Hvy Truck Dealership Parts P-2 Automobile Parts P-3 Truck Aftermarket Brake Parts P-4 General Motors Parts Consultant P-9 Truck Aftermarket Suspension and Steering Parts T-1 Med/Hvy Truck: Gasoline Engines T-2 Med/Hvy Truck: Diesel Engines T-3 Med/Hvy Truck: Drive Train T-4 Med/Hvy Truck: Brakes T-5 Med/Hvy Truck: Suspension & Steering T-6 Med/Hvy Truck: Electrical/ Electronic Systems T-7 Med/Hvy Truck: Heating, Ventilation, & A/C T-8 Med/Hvy Truck: Preventive Maintenance Inspection 37 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 EXHIBIT E Exhibit E. ary of Low COUNCIL COMMUNICATION }M AGENDA TME. Adopt Resolution Amending Memorandums of Understanding with Maintenance and Operators and Genoral 5ersAces Bargainfng Units of the Association of Lodi City Employeea to Provide Additional Pay for Stats Required Certifications of Distribution Ope rators iandII (CM) MEEMG DATE, July 18,2007 PREPARED BY. Deputy City Manager RECptVlMENDEDA01701 , Approve Resolution to amend Memorandums of Undamtendtna (MOU) with Maintenance and Operators and General Services Bargaining units cf The Association of Lodi City Employees (AL.CE) to provide addItional pay for State required certifications of Distribution Operators I and 11. BACKGROUND INFORMATION' Various employees who work in the Public Works Department Water and Wastewater operations are required to have eeriiticatioris as either a Distribution Operators f or Ii level, These certifications are required by the State of California In order that the City of Lodi meet Health and Safety standards. The ccrfacailon requirement was enacted several years ago, but the pay lever 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 Openatars and General services bargaining units have suet, conferred and tentatively agread to arrnehd the MOUS to allow for additional compensation for crap Joyees for which the certification requlrermtris apply, The attached agreements with these bargaining units indicate the terms of these tentative agreements as follows: Bass pay for the employees as indicated in attachments A and 8 who are required to , l obtaln a level one certlfcation will be increased by 2%. Base pay for the employees es indicated in altachmerats A and B who are required to obtain a lavral two co1111cation will be Increased by a%. ■ Any employes In the General Services bargaining unit of AL,CE who is required to obtain a level one Certification but obtains a levet two certificatlon will receive an $ 60 incentive pay. 1 Any employes In the General Services bargaining unitaf ALOE who is required to olrtaln a level one certiffcatlon but obtains a level two certification will receive an additional S 80 per month in incentive pay, ii .AAf1AA(a APPROVED., _� Blair i , City Manager WN VWJ 01'bt QAA7 Ili i/)A MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 Any employee in the Maintenance and Operators bargaining unit of ALCE who is required to obtain a level one cerglieation but obtains a level Wm cer0ilcation will recelva and additional 2% incentive pay. ii was tentatively agreed that this would be implemented retroactively to July 1, 2006. FISCAL IMPACT: The additional annual expenditure for hath d the amendments to the MOUS totals approximately $50,000 .per year. FUNDING AVAILABI.R The additional cdatg for certificatlon pay of preparing and maMng the supplemental assessment will be borne by the Finance and City Attomey's bud ees R. Krueger, Deputy City Manager Attachment: Attachment A• Amendment to General Services MOU Attaehment 9 -Amendment to Maintenance& OperatorsMOU #k3 61:01 600Z14U20 39 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 RESOLUTION NC 2007-134 A RESOLUTION OF THE LORI CITY COUNCILAPPROVING AMENDMENTTO MEMORANDUMS OF UNDEMANDING VN7ti THE MAIN'f'ENANGEAND OPERATORSAND GENERAL SERVICES BARGAINING UNITS OFTHF ASSOCIAMON OF LODE CITY EMPLOYEES TO PROMDEADDITi0NAL PAY FAR STATE REQUIRED CERTIFIC MONS OF DISTRIBUTION OP'ERAT'ORS I AND Ii NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve an amendment to the Memorandumsof Understanding with the Maintenance and Operators and General Semi= bargaining units of the Associ>stion of Lodi Clty Ernployees to provfde additional pay 'far State rewired csrtifioaaiions of Dist6bu0on operators i and It, as shown on Exhibits A and B as attached harato; and BE IT FURTHER RESOLVED that the amendment to the Memorandums of Understanding shall be effectivefor the period July 1, 2006 through Jung 30, 2009. DaW: July 18,2007 I hereby certify that Resolution No, 2007-134 vms passed and adopted by the City Council of the City of Lad€ in a regular meeting held July 18, 2007, bythe fallowing vote: AYES: COUNCIL MEMBFRS— Hansen, Katzaklan, Mounre, and MeyorJohnson NOES: COUNCIL MEMBERS—None ABSENT: =07C MEMBERS—Hitchcock ABSTAIN: COUNCIL MEMBERS — Nona ��OHL City Clerk 2007-'134 sao/soo>� no] M BL:4! GOWLl/LO MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 Side letter to the Current MalnUmance & Operators MDU between she City of i ii AFSCME Council 67, Local 246,AFL-CTO and its ALCB Chapter 'Whereas, the City mnived a lettor fiom she Statoof Califarniadwwd April 2062 matoWpgtiig ecnplayeeswhv pew rerlainwater systemrelared tasks oirtairti?istribudon Cperatozi or lNow,budan OperaOtsrll certification Some ofow*e employees are in the AFSCMB Bmpdnfng unit. "intenancoa opcxators). Whereas, AFSCME Council 57, Loral 946, AFL-CIO ALCE Chapter and the city of Lodi have resolved the this issue amicaWy. Now, Therefore, be it resolved that AFSCME and she City of Lodi agree to the fallowing adjusimcDtto baso pay (PARS reportable),retn=tiveto July 1, 2006 upon approval of the APSCMEmembership and the City of Lodi: Employees in Rte following classiftvations assigned to the water aetvices (WEwtwaslawatet) dMsion of the Publie Works Daparhnent shall =Oft supplemeraalcerffcationpay as listed below Cor the required oertiflcationar City of Lodi Public Distribution Operator Cerlification Pay Works-0rpartment So b Title Certification Grade Added to Base pay Required VviteerfWastewiter Supervisor 1)2 4% Senior Plant& Equipment A2 4% Mecbanie Nat & Equipment Mechanic D2 4% VFoterlV saitiwttar MairwMnce D1 Z"/o Worker M Nwntenance'Worker IX AX 2tti Maintenance Worker I DI 2°19 Laboratory Services Supervisor Dl vrTI" 2% 1?nvi1!anmental Compliance Irtepectar DI orZl' 2% *Per regulation mayposses either Atrcutmernaperatnrcertifloatn or adisuibutionflprdator certificate. Any aurrerkWfVV MW I employees required to obtainthe DI ecrtlflcationt&continueto be employed in hklbct cumg classification. Onceltelslte obtains the Mvilsdoertificsfionhisther salary will be adjusted igron verification 100 4/1A■CSA fA 41 Vwj RI"41 Aelr.7I)I/,') MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 Any employee, who obtains a certification higher that rcrlulmd, shall have hiow pay adjusted In aocorda ncewith Article IV — Uucudan incentive of the14OU except as follows • Persowel listed ahevewho we required to obtain aDl (QETI* certificate}, who uhfallra a D2 (2� Tz•) cortlficatc shall recelve au additional lncerrtiveof 2%(irL*ad of$40 as skated in Article C 1), The City will pay for the Mining to obtain the oenifictticfor current and futtrre employees per Article 4,2 of the tdOU. Verification Awcurmt and fiatumernployees can be by letter from the State verifying obtaining the required oe0cats or a copy of the certiftoateupon presentation to the City Of Lodi. The lncrea4c10 the base pay shall commamton the day the cer tiftcateot leiter is presented to the City. The City will modify the respective job dewiptionsto reflect tba new requirements for the above job titles within SU days Ib cmuretl at all MW hire employees are aware ofthe requkem nts. By their signature below, AFSCME and the city agree that the rrsahrOorn contained herein resolves HS issue. AGRUD TO BY AFSCMF, COUNCII, 57 Felix MHO Huerta Jr, Mark Ruggiero, Chapter President t4f AGREED TO BY THE MYOPLO DI dames IL Unieger, Deputy, City Manager Richard Prima, Public WorloDirectnr 900/90018 %YJ Wt,[ 5002M/Lo IS MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 Side letter to tate Current General SerYfeea Matt between the City of Lodi and AFSCME Council 67,T4mi 146, AFL -400 and its ALCE Chapter Whemas,tlte City received a letter from the State DfCalifnmla dated APO 2002 mandating that employees 40 porform ctriain water system related tasks obtain Distributlon Operator 1 or Distdbution Operator 31 ocrdfimforr. Some ofthese employees are in the AFSCMfs$argainingunit (General Services), Whereas, AFBCME Coumi157, Local 146, AFI -00 ALCE Chapter and the City of Lodi hove resolved tWft issue amicably. - Now, Therefore, be it resolved that AFSCME aid the City of Tali agmete the following acljustmentto base pay (PERK reportable), raetrowive to ]aiy 1,2406 upon approval of the AFSCME membership and the City of Lodi: Employees in #4 following olassifioations assigned to the Pub]io4torks Department shall lece'sve supplemental cartificationpay as listed below for the required ocrfificadons: City ofLodi Public Distribution Operator Certification Pay Works Department ]ob Title Certification Grade Added to Base Pay Required Public Works lnspactor 11 Tai 2% Pudlic Works Inspector I DI 2% S on lo r Engineering Teuhnielan* D2 and 7 ] 4y, * Applies to one incumbent in this classification (Kevin Gaither) who carrrattiy has these cenifications, but are not required for this classification. Any current employees required to obtain the D 1 cert3ficadonwill oon6rrue to be employed in Wether current classification, Once he/she obtains the required cordfieation hisA stalary Will be adjusted upon verification. 'Ilse City will conflnue to pay for the wining to obtain the certificato for currant and fy ure - employees. verification tsar a==L and ntu. employees oan be by latter #'rapt the State verifyirtg_otplAning the required certifloate or a ropy ofthe Certificate upon presentation to the City of Lodi. tlterrtct se the base pay shall commence on the day the Certl$catocc letter is presented to the City. The City Will mod* flte respective joh descriptions to refleot the new requirements for the above job titles within 60 dayeto ensum that all new hire employees are aware of the requirmtnta, By their signature below, AFSCME and The city Agee that the resolution contained herein resolves this issue, AGREED TO BY AFSCME, AGREED TO BY T13E COUNCIL 57 CITY 01? L ODI, Felix Mario Huertq Jr., Mark Rugglero} Chapter President se AAA Ibnn 01 .Iantee R, V.Mzger, Deputy, City Manager Richard Prima, Public Works Director 43 YV4 91:4! R17a7.Ja IJ)o MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2015-2017 A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO Nancy Vinson, Chief Negotiator Date: Linda Tremble, President Date: Donnie Sanford, Exec.Vice President Date: Sherry Moroz, Vice President Date: Travis Kahrs, Treasurer Date: Kari Chadwick, GS Representative Date: Thomas Gabriel, M&O Representative Date: Brian Longpre, M&O Representative Date: Rene Garcia, GS Representative Date: Terri Lovell, GS Representative Date: CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer, City Manager Date: Jordan Ayers, Deputy City Manager Date: Adele Post, HR Manager Date: Approved As To Form: Janice D. Magdich, City Attorney Attest: Jennifer M. Ferraiolo, City Clerk 1. AA# 2. JV# Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. TO: Internal Services De t. - Bud et Division 3. FROM: Jordan A ers De u Ci Mana er 5. DATE: 6117/15 4. DEPARTMENT/DIVISION: Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. FUND # ORG # OBJ # ACCOUNT TITLE AMOUNT A. 120 12000000 50001 Library Transfer In $ 4,600.00 SOURCE OF 200 20000000 50001 PRCS Transfer In $ 17,566.00 FINANCING 100 32205 Unreserved Fund Balance $ 59,209.00 B. 100 10020202 71001 Finance $ 3,674.00 100 10020203 71001 Finance $ 9,266.00 100 10020400 71001 Information Systems $ 3,610.00 USE OF 100 10031002 71001 Animal Services $ 2,485.00 FINANCING 100 10031004 71001 Police $ 7,115.00 100 10040001 71001 Fire $ 774.00 100 10050001 71001 Public Works Admin $ 789.00 100 10050500 71001 Public Works Engineering $ 7,163.00 100 10051000 71001 Public Works Facilities $ 2,167.00 120 12090000 71001 Library $ 4,600.00 200 20070001 71001 PRCS Admin $ 914.00 200 20071001 71001 Community Center Admin $ 774.00 200 20071402 71001 PRCS $ 1,108.00 200 20072100 71001 PRCS Planning $ 1,318.00 200 20072202 71001 Parks Maintenance $ 3,517.00 200 20072203 71001 Sorts Facilities Maintenance $ 5,040.00 200 20072204 71001 Lodi Lake Maintenance $ 1,623.00 200 20072300 71001 Equipment Maintenance $ 1,000.00 200 20073001 71001 Recreation Admin $ 1 469.00 200 20073600 71001 Lodi Lake Programs $ 803.00 100 10095000 76220 General Fund Transfer Out $ 22,166.00 Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2015-103 A RESOLUTION OF THE LODI CITY COUNCIL AMENDING SALARY AND BENEFITS FOR THE CONFIDENTIAL GENERAL SERVICES EMPLOYEES EFFECTIVE JANUARY 1, 2015 THROUGH DECEMBER 31, 2017 WHEREAS, historically, the City Council has treated the confidential (unrepresented) employees in the same manner as their represented counterparts; and WHEREAS, the City has negotiated a successor Memorandum of Understanding with AFSCME General Services Unit that provides amendments to salary and benefits; and WHEREAS, the City wishes to provide the Confidential General Services employees with the same amendments to salary and benefits as the AFSCME General Services employees; and WHEREAS, it is recommended that Council provide the same salary and benefits to the Confidential General Services employees as those provided to the represented AFSCME General Services employees as follows: • A one-time bank of 40 hours of cashable leave. • Notary Public incentive of $40 per month. • Increase the overtime meal allowance from $20 to $25 and process through payroll. • Increase the maximum accrual of Compensatory Time Off (CTO) to 184 hours and allow cash out. • Maximum amount the City will pay towards medical premiums will be increased by the lower of 3% or the actual cost increase (for the employee's applicable cap) for those employees whose annual base salary is less than $42,100 for calendar year 2016 and $43,000 for calendar year 2017. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the amendments referenced above for the Confidential General Services employees, effective January 1, 2015 through December 31, 2017. Date: June 17, 2015 I hereby certify that Resolution No. 2015-103 was passed and adopted by the Lodi City Council in a special meeting held June 17, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Deputy City Clerk 2015-103