HomeMy WebLinkAboutResolutions - No. 2012-25RESOLUTION NO. 2012-25
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE MEMORANDUMS OF
UNDERSTANDING BETWEEN THE CITY OF LODI
AND THE GENERAL SERVICES AND MAINTENANCE
AND OPERATORS UNITS
WHEREAS, representativesfrom the City of Lodi and AFSCME Council 57 Local
146 -AFL-CIO General Services and Maintenance and Operators Units have bargained
in good faith for the purpose of amending certain articles of the Memorandums of
Understanding.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached Memorandums of Understanding (Exhibit A and Exhibit B)
between the City of Lodi and AFSCME Council 57 Local 146 -AFL-CIO for the General
Services and Maintenance and Operators Units; and
BE IT FURTHER RESOLVED that said Memorandums of Understanding shall
be effective for the period January 1,2012 through December 31, 2013.
Date: March 21, 2012
hereby certify that Resolution No. 2012-25 was passed and adopted by the Lodi
City Council in a regular meeting held March 21, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and
Mayor Mounce
NOES: COUNCIL MEMBERS —Johnson
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Ii121NIFER . ROBISON
ssistant Ci y Clerk
2012-25
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F.S.C.M.E. COUNCIL 57
LOCAL 146-AF'L-CIO
GENERAL SERVICES UNIT
January 1,2012 - December 31,2013
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TABLE OF CONTENTS
CHAPTER 1— SALARIES AND OTHER COMPENSATION
Article I
Article II
Article 111
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
CHAPTER 2 — LEAVES
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
Article XIX
salary
Compensatory Time
Court Appearances
Deferred Compensation
Education Incentives
Bilingual Pay
Flexible Spending Account
Mileage Compensation
Overtime
Temporary Upgrade
Tools and Uniform Allowance
Tuition Reimbursement
Workers' Compensation
Catastrophic Leave
Bereavement Leave
Holidays
Leave of Absence
Sick Leave
Vacation Leave
CHAPTER 3 — INSURANCE AND RETIREMENT
Article XX
Article XXI
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
CHAPTER 4 — SAFETY
Article XXVIII
Chiropractic
Dental Insurance
Life Insurance
Long Term Disability
Medical Insurance
PERS
Sick Leave Conversion
Vision Insurance
Safety/Safety Boot Provisions
CHAPTER 5 —WORK HOURS, SCHEDULES, MEALS
Article XXIX
Article XXX
Hours
Meals
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CHAPTER 6 — ASSOCIATION / CITY ISSUES
Article XXXI Association Leave 20
Article XXXII Changes in Memorandum 20
Article XXXIII City Rights 20
Article XXXIV Employee Representation 20
Article XXXV Grievance Procedure 23
Article XXXVI Mutual Consent Contingency 26
Article )(XXVII No Strikes 26
Article XXXVIII Probationary Period 26
Article XXXIX Promotion 27
Article XL Seniority 27
Article XLI Shop Stewards 27
Article XLH Status 27
Article XLIII Layoff 28
Article XLIV Term 28
Attachment A — Salary Schedule effective 03121/12
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Chapter 1- Salaries and Other Compensation
ARTICLE I — SALARY
1.1
Bargaining unit members agree to accept the following furlough hours during the
term of this MOU:
July 1,2012 —December 31, 2012 — 72 hours, of which 6, 8 -hour days occur on a
fixed day during the month (typically a Friday) and 3, 8 -hour days will be floating
and must be used by December 31,2012 unless there is a scheduled conflict.
January 1, 2013 —December 31, 2013 — 96 hours, all of which occur on a fixed
day during the month (typically a Friday) unless there is a conflict.
Fixed and floating furlough leave shall be deducted from bargaining unit
member's salary in equal amounts during the particular term.
1.2 Fixed furlough days will be in accordance with Exhibit D — Furlough Calendar.
For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced Manteca
Modesto Redding Roseville Stockton Tracy Turlock
Vacaville Visalia Woodland
1.3 If any City bargaining unit, group, or City Council (except for IBEW) receives a
salary increase or a higher value medical and/or retirement benefit for the MOU
negotiated (or last/best/final offer imposed) that otherwise expired on December
31,2013 or by resolution adopted by Council this unit will receive the same
benefit. This clause shall not be triggered as a result of a delay in implementing
the medical cap to give affected employees the opportunity to move to a lower
cost plan upon the next available open enrollment period.
ARTICLE II — COMPENSATORY TIME
2.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be at the appropriate rate for overtime worked.
2.2 The decision to elect compensatory time or overtime pay may be made each time
overtime is worked.
2.3 No more than one hundred forty-four (144) hours of compensatory time may be
carried on the books at any time.
2.4 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
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2.5 Upon separation, the employee will be paid at the employee's current hourly rate
of pay or the average of the last three years, whichever is higher, for the
remaining compensatory balance.
ARTICLE III — COURT APPEARANCES
3.1 Employees summoned by a court for jury duty shall be granted jury duty leave
with pay and may keep any jury duty compensation received. Voluntary grand
jury service such as that service in San Joaquin County is not covered by jury
duty leave.
3.2 If jury duty attendance is less than one-half of a normal working day, the
employee is expected to return to work.
3.3 Employees assigned to shift work shall not be scheduled for regular work during
the 12 hours preceding the scheduled time for j ury duty.
3.4 If an employee has had jury duty of six (6) hours or more during a sixteen (16)
hour period immediately preceding the beginning of or following the end of
his/her regular work hours on a work day, he/she will be given a rest period of six
(6) consecutive hours.
3.5 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half time his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employees, the Department Head designee must be notified in writing of the off
duty appearance within seventy-two (72) hours after the employee is subpoenaed
or otherwise notified of the required court appearance.
ARTICLE IV — DEFERRED COMPENSATION
The City shall match contributions by General Service employees to a deferred
compensation program up to a -maximum of 3.0% of the employee's gross salary
beginning in the pay period that July 1,2012 falls.
ARTICLE V — EDUCATION INCENTIVES
Employees in sub -professional engineering positions having the following certificates
will receive an additional $23.08 per pay period:
Engineer in Training
Land Surveyor in Training
Land Surveyor
The incentive in this subsection is limited to employees hired prior to the execution of
this MOU.
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ARTICLE VI — BILINGUAL PAY
Employees designated by the Department Head and approved by the City Manager who
have passed a bilingual proficiency examination administered by the City shall receive a
monthly bilingual supplement of $150.00. The City Manager has the discretion in
determining the languages that will be recognized
ARTICLE VII —FLEXIBLE SPENDING ACCOUNT
7.1 The City will maintain a "flexible spending account" to conform to IRS
regulations to be used for premium contributions, dependent care and/or un -
reimbursable medical payments for unit members.
7.2 The City intends to propose a Cafeteria -based benefit program in 2012 with an
effective date of January 1, 2013. This program would incorporate, but not be
limited to: medical, vision, dental, chiropractic, and life insurance. The above
listed terms of this agreement will be reopened for negotiation upon the City's
presentation of a Cafeteria Plan.
7.3 The City's proposed Cafeteria Plan will offer substantially the same or better
benefits to those currently received by unit members.
ARTICLE VIII — MILEAGE COMPENSATION
Employees using their personal automobile for City business, with their Department
Head's approval, shall receive mileage compensation equal to that allowed by the
Internal Revenue Service. City business does not include transportation to and from
work or call backs due to emergencies.
Allowance increases shall be effective the first day of the month following the
determination of an increase by the IRS.
ARTICLE IX — OVERTIME
9.1 Overtime work paid at the time and one half rate, is work performed by an
employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Section 29.1 and 29.2.
b. Time worked on a non -work day.
Time worked on a holiday will be paid at time and one-half rate. Hours worked
on a holiday, as part of an employee's regular work schedule shall be
compensated as above, plus regular straight time pay. Holiday, for overtime
purposes, is defined within the Holiday section of this MOU.
Overtime work paid at the double time rate is work performed in excess of twelve
(12) hours, between 12 midnight and 12 midnight on any given day, or for any
hours between the hours of 12 midnight and 6:00 a.m. Phone calls lasting less
than 10 minutes and does not require substantive work would be paid 1 hour at
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the appropriate overtime rate. Calls more than 10 minutes would receive the
standard 3 hour callback at the appropriate overtime rate.
9.2 Employees who are required to report for prearranged work on their non -work
days or holidays shall be compensated at the overtime rate for actual hours
worked, but in no event shall they be paid for less than three (3) hours.
9.3 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.
9.4 Compensation paid to employees called out in emergency situations, outside their
regular work hours, shall be a minimum of three (3) hours pay at the overtime
rate. Additional call outs, during that day, shall be compensated at the overtime
rate for actual hours worked with a one hour minimum. Only one call out
between the hours of 12:00 o'clock midnight and 12:00 o'clock midnight shall be
compensated at the minimum three hour period.
9.5 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
a. On work days outside of regular work hours, shall be paid overtime
compensation for actual worked time in connection therewith, provided
however, that if any such employee continues to work into regular work
hours, shall be paid overtime compensation only for actual work time up to
regular work hours.
b. On non -work days or on holidays, shall be paid overtime compensation for
actual work time in connection therewith.
For the purpose of this Section, prearranged overtime work is deemed to be
work for which advance notice has been given by the end of preceding work
period on a work day.
9.6 Those employees (Animal Services Supervisor) serving on an on-call basis shall
be compensated $25.00 per week.
ARTICLE X — TEMPORARY UPGRADE
Any employee who is assigned by the Department Head or designee to a higher
classification in the absence of the incumbent shall receive a 10%wage increase while in
this status. However, in no event shall the upgrade pay per hour exceed the "E" step of
the classification to which the employee is temporarily upgraded.
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ARTICLE XI — TOOLS AND UNIFORM ALLOWANCE
11.1
2012-2013
The City agrees to provide all necessary uniforms and safety equipment for the
following classifications in the General Services Unit and provide a quarterly
uniform allowance of $150 (except to Senior Storekeeper):
• Administrative Clerk — Community Improvement
• Animal Services Supervisor
• Animal Services Officer
• Community Improvement Officer
• Field Services Representative
• Field Services Supervisor
• Meter Reader
• Parking Enforcement Assistant
• Police Records Clerk
• Police Records Clerk Supervisor
• Senior Storekeeper
• Supervising Code/Community Improvement Officer
The uniform allowance shall be paid quarterly as part of the last bi-weekly payroll
in the months of March, June, September, and December.
11.2 The City and AFSCME mutually agree that the City shall purchase appropriate
foul -weather coats and boots as deemed necessary for field personnel.
ARTICLE XII — TUITION REIMBURSEMENT
Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not eliminate this policy during the term of this
MOU.
ARTICLE XIII — WORKERS' COMPENSATION
The City and AFSCME mutually agree that when an employee is compelled to be absent
from work due to injuries or illness arising out of and in the course of his or her
employment, the City shall pay full compensation to any represented employee who
becomes eligible for benefits under Workers' Compensation laws for the period of the
time between the injury and the first day of eligibility for benefits. With the
determination that the injury or illness is compensable in accordance with Workers'
Compensation benefit criteria, the employees upon receiving said benefits such paid by
Workers' Compensation shall also receive compensation from the City in an amount that
when added to the Workers' Compensation payment shall equal the employees regular
salary. The amount paid by the City shall, after the period from the date of injury and
date of eligibility, be charged to the employee's sick leave account. The employee's
regular deductions shall be made from the amount paid by the City.
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Chapter2 - Leaves
ARTICLE XIV — CATASTROPHIC LEAVE
14.1 Catastrophic Leave will be provided as stated in the City's current policy. The
City will not eliminate this policy during the term of this MOU. Catastrophic
Leave may be utilized for care of an employee's qualified family members (as
identified in the City's Catastrophic Leave Policy) even if the employee
participates in Short Term Disability.
14.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any
use of Short Term Disability.
ARTICLE XV — BEREAVEMENT LEAVE
15.1 Employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel
to and from the location of the funeral. The immediate family shall be limited to
an employee's:
spouse
parent -in-law
sister
half-brother
parent
child
stepchild
half-sister
grandparent
grandchild
brother
foster parents
grandparent -in-law
son-in-law
daughter-in-law
or a more distant relative who was a member of the employee's immediate
household at the time of death.
15.2 A regular employee may use sick leave, vacation leave, or compensatory time off
to attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days for classifications in the
General Services Unit.
ARTICLE XVI — HOLIDAYS
16.1 Members of this Unit shall observe the following nationally observed holidays:
New Year's Day
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
31d 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.
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In addition, each employee shall be granted an additional thirty-six (36) hours of
holiday leave (floating holiday) to be taken off at a time mutually agreed upon
between the employee and the Department Head. Holiday leave cannot be carried
over into the following calendar year.
16.2 Holidays which fall on the first regularly scheduled day off shall be observed on
the preceding work day. Holidays which fall on any other regularly scheduled
day off shall be observed on the next regularly scheduled work day, with the
exception that if the next regularly scheduled work day is also a holiday, the first
holiday shall be observed on the preceding work day.
16.3 Bargaining unit members will be granted a day off on the Saturday and Sunday
preceding any holiday observed by the City and the Library on a Monday.
Bargaining unit members will also be granted a day off on the Saturday and
Sunday following the observance of a Saturday holiday on the preceding Friday
by the City and the Library. Bargaining unit members will also be granted a day
off on Easter Sunday.
16.4 Holiday time may be taken in quarter hour increments.
ARTICLE XVII — LEAVE OF ABSENCE
Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The
City will not eliminate this policy during the term of this MOU.
ARTICLE XVIII — SICK LEAVE
18.1 Effective December 8, 2003, full time employees shall accumulate sick leave at
the rate of 3.70 hours per pay period.
18.2 Sick leave may be accumulated up to an unlimited amount.
18.3 Employees will be able to use family sick leave for parents of children not
residing with the employee consistent with City policy regarding use of family
sick leave for a family members illnesses.
ARTICLE XIX — VACATION LEAVE
19.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hours per pay period
6111 year 4.62 hours per pay period
12th year 5.24 hours per pay period
15thyear 6.16 hours per pay period
21'1 year 6.47 hours per pay period
22nd year 6.78 hours per pay period
23rd year 7.09 hours per pay period
24'x' year 7.40 hours per pay period
25'x' year & over 7.71 hours per pay period
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19.2 If a conflict arises in the scheduling of vacations for employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest seniority. The senior employee shall receive first choice in any
scheduling period.
19.3 For all persons hired after September 1, 1995 the maximum vacation accrual will
be 6.16 hours per pay period.
19.4 The maximum amount of unused vacation hours that an employee may accrue, at
any given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount,
the employee shall stop accruing any additional vacation. Accrual will
automatically resume once the employee uses some vacation and the accrual
balance falls below the maximum accrual amount.
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Chapter 3 — Insuro e and irei
2012-2013
ARTICLE XX — CHIROPRACTIC
The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXI — DENTAL INSURANCE
21.1 Employees are provided fully paid family dental insurance.
21.2 Maximum benefits are $1,000 for each family member enrolled in the dental plan,
per calendar year. There is a $25 deductible plus co-insurance features.
ARTICLE XXII — LIFE INSURANCE
A life insurance program providing $10,000 term life insurance which includes a $10,000
Accidental Death and Dismemberment coverage for the employee. Said amount of
insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition,
a spouse, unmarried dependent children between the ages of 6 months and 21 years,
unmarried student dependent children to 23111 birthday, and dependent handicapped
children shall be covered for $1,500 insurance. Children under 6 months shall be
provided with $150 life insurance.
The City will provide an additional $25,000 of Accidental Death and Dismemberment
insurance for each member in the General Services Unit.
ARTICLE XXIII — LONG TERM DISABILITY
23.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences sixty (60) days from the date of disability. Please refer to the City's
Policy on Long Term Disability.
23.2 The maximum length of coverage is three (3) years from date of disability.
ARTICLE XXIV — MEDICAL INSURANCE
24.1 All employees are offered medical insurance for themselves and dependents
through Cal PERS-Medical Plans. City shall pay 100%premium for the
employee's family category (Family, Employee+1, Single) for the lowest cost
PERS HMO available in Lodi's geographical area (excluding PORAC) as of
January 1,2012.
The City will waive the current employee medical contribution effective the first
pay period that begins two (2) weeks after this agreement is approved by Council.
If employee selects a higher cost plan, employee will pay the difference as a
payroll deduction.
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If an employee elects not to be covered by medical insurance through the City of
Lodi, an additional:
$692.81 per month for family
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In
order to qualify for this provision, proof of group insurance must be provided to
the City.
Employees will pay one hundred percent (100%) of the change in medical costs
beginning January 2013. The baseline will be the January 2012 lowest cost PERS
HMO for the employee's family category (Family, $1587.14; Employee+1,
$1220.88; Single, $610.44).
24.2 Effective January 1, 2013, the maximum amount the City will pay towards
medical premiums will be revised as follows for employees whose annual base
salary, adjusted for furloughs, is less than $40,000.
For those taking single coverage, City maximum amount paid will increase by the
lesser of actual premium increases from Cal PERS or 3%.
For those taking Employee + 1 or Family coverage, City maximum amount paid
will increase as noted below:
• If actual premium increase is 6.55% or less, City will increase maximum
amount paid by the lesser of actual premium increase or 6.55%.
• If actual premium increase is greater than 6.55% and less than or equal to
9.55%, City will increase maximum amount paid by the actual premium
increase over 6.55%, up to a maximum of 3% (9.55%).
• If actual premium increase is greater than 9.55%, City will pay the
incremental difference between 6.55% and 9.55% (i.e. 3.00%).
In no event will the amount to be paid by the City exceed 3.00% over the current
City paid amount.
Percentage increases shall be based upon the amounts shown above ($610.44 for
single, $1,220.88 for Employee + 1 and $1,587.14 for Family).
24.3 Employees shall be eligible for medical insurance the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
24.4 The City shall pay 100% of the premiums or up to the maximum City payment
noted above for health and dental benefits for the unmarried surviving spouse and
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any minor children of any member of this unit who is killed or dies during the
performance of official duties. This benefit terminates if the surviving spouse
remarries, the children reach the age of 26, or other medical insurance becomes
available.
ARTICLE XXV — PERS
25.1 The City agrees to provide the following PERS retirement program and to pay the
employer's cost:
a. PERS "2% at 55" full formula retirement benefits plus the following
additional options:
b. The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 50%
benefit (Section 21298).
c. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement. (Section 21382.4).
d. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement. (Section 21263
and Section 21263.1 and 21263.3).
e. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement. (Section 20862.8).
f. Military Service Credit as Public Service (Section 21024).
g. Final retirement compensation based on the average monthly pay during
the highest 36 consecutive months of service.
h. 50%survivor continuation in the event of death after retirement.
25.2 Employees shall pay the employee portion of Retirement Benefits as follows:
January 1, 2012through December 31,2012 — 1%
January 1,2013 through December 30,2013 — 3.3%
December 31,2013 and thereafter — 7.0
The City and AFSCME agree to a new retirement formula of 2% @ 60. Those
employees hired after the City transitions to 2% @ 60 (which would occur once the City
receives approval from Ca1PERS) will be subject to the new retirement plan of 2% @ 60.
Until that date, AFSCME members hired will remain in the 2% @ 55 retirement plan.
ARTICLE XXVI — SICK LEAVE CONVERSION
26.1 For all unused sick leave, a represented employee with ten (10)years of
employment with the City shall receive medical insurance coverage upon
retirement (but not upon resignation or termination) using one of the following
options:
Option #1 — Conversion
After ten (10) years of employment with the City, 50% of the represented
employee's unused sick leave shall be converted to months of medical insurance
as adjusted herein. For each year that an employee has been employed by the
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City in excess of ten (10) years, the employee shall be entitled to add 2.5% to the
50%before converting the unused sick leave to months of insurance.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave.
1800 = 8 x 75% = 12 = 14.06 years of coverage
The amount of the premium paid shall be the same as the premium paid by the
City at the time of retirement. Any differences created by an increase in
premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical
insurance for the same period as if the employee had not died.
Option #2 —Bank
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year
that an employee has been employed in excess of 10 years, 2.5% will be added to
the 50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE
Robert Smith retires with 20 years of service and 1800hours of unused sick leave
(multiplication factor - $20.00).
1800 x 75% x 20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance in gone.
In the event the retiree dies, the remaining bank will be reduced by 50% and the
surviving dependent(s) may use the bank until the balance is gone.
Option #3 — Cash Out
A retired employee may choose to receive a cash settlement for unused sick leave
at the rate of $.30 on the dollar. Under this provision, employee's sick leave
balance at the time of retirement shall be converted to dollars at the employee's
current rate of pay.
26.2 In the event an active employee dies before retirement and that employee is
vested in the sick leave conversion program, the surviving spouse will have an
interest in one-half the value of the Bank option as calculated in section 26.1.
26.3 Employees selecting option #1 or #2, who retire on a service retirement shall have
the option of purchasing at the employee's cost additional medical insurance
sufficientto reach age 65.
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26.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City's liability as specified in Section 26.1 of this Article.
26.5 The City agrees to modify its contract with PERS to add credit for unused sick
leave per Government Code Section 20862.8. This benefit is available to all
employees regardless of the date hired; however, it is the only sick leave
conversion benefit available to employees hired after July 1, 1995. It is agreed
that eight (8) hours equals one (1) day for purposes of determining days
creditable. If an eligible employee opts to utilize the provisions of any section of
Article 26 other than 26.5, the City will report to PERS they have zero (0) hours
of unused sick leave.
ARTICLE XXVII — VISION INSURANCE
The City agrees to provide a vision care plan equivalent to the VSP Plan B with a $25.00
deductible for the employee and dependents. The entire premium shall be paid by the
City.
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2012-2013
Chapter 4 — Safety
ARTICLE XXVIII — SAFETY/SAFETY BOOT PROVISIONS
28.1 The City agrees to provide an annual boot allowance of $200, paid quarterly as
part of the last biweekly payroll in the months of March, June, September and
December falls for the following classifications:
Building Inspector1/I1
Community Improvement Officer I/II
Engineering Technician I/II
Jr. Engineer
Public Works Inspector I/11
Sr. Engineering Technician (1) (who do inspection/survey work)
Sr. Storekeeper
Supervising Code/Community Improvement Officer
28.2 Safety boots are defined as leather work boots with a minimum of 4" ankle
support. Employees have the option of purchasing these boots with or without
steel toes.
28.3 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
28.4 Employees performing duties/tasks without appropriate footwear may be sent
home and additionally may be subject to disciplinary action.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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Chapter 5 -- Work Hours, Schedules, Meals
ARTICLE XXIX — HOURS
29.1 Except as provided in subsequent sections, the normal hours of work for all
represented personnel shall be eight (8) hours per day and forty (40) hours per
week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for
eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10
schedule. The lunch period shall normally commence between the third and fifth
work hour at the discretion of the Supervisor.
a. Employees of the Library may work a schedule which includes split days
off. The hours of work shall vary according to a pre -posted work schedule.
b. Parking Enforcement Assistants and Animal Control personnel shall work
a schedule which may provide at least one person to work each Saturday.
c. Alternate work schedules may be developed by mutual agreement between
the employee and the appropriate supervisor.
29.2 Work schedules presently in effect shall remain in effect. Any change in work
hours or work days shall be a meet and confer item.
ARTICLE XXX — MEALS
30.1 If the City requires an employee to perform work for one and one-half (1-1/2)
hours immediately following quitting time, or if any employee is called in more
than two (2) hours immediately before regular starting time, the City shall provide
such employee with a meal. The cost of the meal not to exceed $20.00 with a
receipt. If an employee works beyond the regular quitting time, the City shall
continue to provide meals at four (4) hour intervals until the employee is
dismissed from work. The cost of such meals and the time taken to consume
them shall be at the City's expense.
30.2 When the City requires employees to work on non -work days without notice, the
City shall provide meals at intervals of four (4) hours. The first meal shall be four
(4) hours after employees report to work, providing time is allowed for an
employee to eat before reporting. If such time is not allowed, the first meal break
shall be two (2) hours after reporting for work and at four (4) hour intervals
thereafter.
30.3 When an employee is required to perform prearranged work on non -work days
during regular work hours, he/she shall observe the lunch arrangement which
prevails on his/her work days. If such work continues after regular work hours,
the City shall provide the employee with meals in accordance with the provisions
of Section 30.1 hereof.
30.4 If the City requires an employee to perform prearranged work starting two (2)
hours or more before regular work hours on work days or non -work days, and
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
such employee continues to work into regular work hours, the employee shall
provide for one (1) meal on the job and the City shall provide other meals as
required by the duration of the work period. The meals provided for in this
Section shall be eaten at approximately the usual times and the usual practice
relating to lunch periods on work days shall prevail. The usual times therefore
shall be 7:00 a.m. — 12:00 noon-6:30 p.rn.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
Chapter 6 — Association / City Issues
ARTICLE XXXI — ASSOCIATION LEAVE
31.1 Whenever any employee is absent from work as a result of a formal request by
AFSCME to send an employee to school to be involved in Association business,
the City shall pay for all regular time lost and shall be reimbursed therefore by
AFSCME at the rate of one hundred and fifty percent (150%) of the employee's
regular wage rate.
31.2 The City agrees to provide storage space to AFSCME for association materials.
ARTICLE XXXII — CHANGES IN MEMORANDUM
The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any provision
of this MOU is modified by statute, applicable regulation or by order of Court in such a
way as to affect either the employees or the City. In such event, all remaining provisions
of the MOU would continue in full force and effect unless and until they are also
modified by statute, applicable regulation or order of Court, or agreement of the parties.
ARTICLE XXXIII — CITY RIGHTS
It is understood and agreed between the parties that nothing contained in this
Memorandum shall be construed to waive or reduce any rights of the City, which include,
but are not limited to the exclusive rights to:
• Determine the mission of its constituent departments, commissions and boards.
• Set standards of service.
• Determine the procedures and standards of selection for employment.
• Direct its employees.
• Maintain the efficiency of governmental operations; to determine the methods,
means and personnel by which government operations are to be conducted.
• Take all necessary actions to carry out its mission in emergencies.
• Exercise complete control and discretion in the technology of performing its
work.
City rights also include the right to determine the procedures and standards of selection
for promotion, to relieve employees from duty because of lack of work or other
legitimate reasons, to take disciplinary action, and to determine the content of job
classifications; provided, however, that the exercise by the City of the rights in this
section does not preclude employees or their recognized employees organizations from
filing grievances regarding the practical consequences that decisions on such matters may
have on wages, hours or other terms and conditions of employment.
ARTICLE XXXIV — EMPLOYEE REPRESENTATION
34.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered
into between representatives of the City of Lodi (hereinafter referred to as City)
and representatives of the Lodi Chapter of the American Federation of State,
County and Municipal Employees (AFSCME) for the General Services Unit.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as 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.
34.2 The City shall grant dues deduction to City employees who are members of
AFSCME in accordance with the terms and conditions set forth in City of Lodi
Resolution 2011-51
AFSCME shall indemnify, defend, and hold the City of Lodi harmless against any
claims made and against any suit instituted against the City of Lodi on account of
check -off of said employee organization's dues. In addition, AFSCME shall
refund to the City of Lodi any amounts paid to it in error upon presentation of
supporting evidence.
34.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
Union Membership — All employees covered by this Agreement shall, as a condition of
employment, become and remain members of the UNION within 30 days of employment
in a covered job classification. The CITY will inform all new hires and employees
promoting into the bargaining unit of the existence of this Collective Bargaining
Agreement and the requirement to become and maintain membership in the UNION. A
UNION Officer, or designee, will be notified within 10 business days and afforded time
to meet with any employee entering the bargaining unit in order to conduct a UNION
Orientation Meeting.
In the event an employee covered by this Agreement fails to apply for, or maintain their
membership in the UNION, or reinstate themselves into membership in good standing,
the UNION may give the QTY written notice of the fact and request that the employee
be suspended or terminated from employment. In such event, the CITY shall suspend or
terminate the employment of said employee, as requested, within 15 business days of
receipt of the notice.
Fair Share Donation — Any employee who is a member of a bona fide religion, body, or
sect who has historically held conscientious objections to joining or financially
supporting public employee organizations shall not be required to join or financially
support the UNION. Such employee shall, in lieu of Agency Shop Fees, pay sums equal
to said amount to a non -religious, non -labor United Way charitable organization exempt
from taxation under Section 501 c (3) of the Internal Revenue Code, which has been
selected by the UNION from the local United Way. Payments shall be made by payroll
deduction as a condition of continued exceptions from the requirements of financial
21
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
support to the UNION and as a condition of continued employment. Disputes regarding
the application for this provision, by employees, shall be subject to arbitration
Membership status shall remain in effect for the duration of this Agreement except that
an employee may change his or her status from UNION member not more than 90 days
or less than 60 days prior to the expiration of this Agreement. An employee changing his
or her membership status shall submit the appropriate form to the UNION. Thereafter,
the UNION will notify the CITY of the change and the appropriate notation shall be
made to the employee's record and/or payroll deduction.
The CITY shall provide the UNION, on a monthly basis, the name, home address and
department, division or work unit of employees entering or leaving a job classification
covered by this Agreement. Employees leaving or reentering employment from Military
Leave will be noted.
Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each
member of the UNION covered by this Agreement, who authorized such deductions in
writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5
business days prior to the end of the pay period an alphabetical list of employees
belonging to the UNION. The list shall contain the amount of payroll deduction for each
employee listed. The CITY agrees to remit to the UNION on a bi-weekly basis the
aggregate amount of deductions shown on the list furnished by the UNION. A copy of
the Check Off Authorization Form signed by each employee shall be submitted by the
UNION to the CITY.
Payroll deductions shall be limited to the following choices:
• Union Membership Dues
• Agency Shop Fees
• AFSCME Voluntary Political Action Check Off (PEOPLE)
• Fair Share donations to the United Way Campaign
Fair Share donations are limited to employees with religious objections.
The Union will comply with its legal obligation regarding the administration of this
section.
Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any
and all costs or legal action, which may be caused, or result from the CITY' S compliance
with this Article.
34.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subject to the operating needs of the City. Requests for such use shall
be made in advance to the appropriate Department Dead or designee and shall
include the date, location, time and general purpose of such meeting. The City
may establish reasonable regulations governing the use of such facilities.
22
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
34.5 No City employee or applicant for employment shall be discriminated against any
aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affiliations, union affiliation, age, sex or disability.
34.6 The City and AFSCME agree and understand that if any section of the MOU in
any way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in
favor of the MOU language. If the MOU is silent on any issue, the applicable
document is controlling.
ARTICLE XXXV — GRIEVANCE PROCEDURE
35.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretations and clarifications executed by
AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matter of discipline which includes demotion, suspension or
discharge.
As used in procedure, the term "PARTY" means an employee, AFSCME, the
City or the authorized representative of any party. The employee is entitled to
representation through all steps in the procedure.
35.2 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
a. Interpretation or application of any of the terms of this MOU, including
Exhibits thereto, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension, or discipline of an individual employee.
c. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
d. Disputes which may be of a "class action" nature filed on behalf of
AFSCME or the City. Class action grievances shall be in writing from
AFSCME to the City Manager or vice versa.
35.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
23
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
thirty (30) work days of the date of the action complained of, or the date the
Grievant became aware of the incident which is the basis of the Grievance.
35.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement
signed by the Grievant shall be presented to the department head which shall
include the action being grieved and the desired remedy. A discussion shall then
take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall
be taken within fifteen (15) work days of the date the depaitment head receives
the written statement.
35.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall
be the presentation of the Grievance, in writing, by the employee or his or her
representative to the City Manager, who shall answer in writing within fifteen
(15) work days of receipt of the Grievance. This Step shall be initiated within
fifteen (15) work days of the date of the answer in STEP TWO.
35.6 STEPFOUR: If the Grievance is not resolved by the City Manager, arbitration
shall be the final level of appeal for grievances and discipline. It is agreed by
both parties that the decision of the arbitrator is binding and final on both parties
and that if this procedure is utilized all other avenues of appeal are waived. If
arbitration is chosen the City must be notified within fifteen (15) work days of the
City Manager's decision.
Within ten (10) working days after the request for arbitration is received by the
City or at a date mutually agreed to by the parties, the parties shall meet to select
an impartial arbitrator. If no agreement is reached at this meeting, the parties
shall immediately and jointly request the State Conciliation and Mediation
Service to submit to them a panel of five arbitrators from which the City and
AFSCME shall alternately strike names until one name remains; this person shall
be the arbitrator. If the State Conciliation and Mediation Service cannot provide a
list of five arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as possible, the
following guide lines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
c. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court
reporter required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
24
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a j oint letter, the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g•
The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses normally
would be present at the hearing only while testifying and should be
permitted to testify only in the presence of the employee or his/her
representative and the employer's representative.
i. The arbitration hearing will be held on the employer's premises.
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.
35.7 Failure by either party to meet any of the aforementioned time limits as set forth
in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
25
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
35.8 An employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
35.9 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XXXVI — MUTUAL CONSENT CONTINGENCY
This MOU may be amended any time during its life upon the mutual consent of the City
and AFSCME. Such amendment must be in writing and attached to all executed copies
of this MOU.
ARTICLE XXXVII — NO STRIKES
The represented employees agree that they shall not strike, withhold services, engage in
"slow downs" or "sick -ins" or participate in any other concerted activity which adversely
affectsjob performance or City services during the term of this MOU.
ARTICLE 1 — ' ' 1P I ❑
38.1 All appointments to id in the classifi service shall be ijeci to a
probationary period of twelve (12) i 1 of service. The
probationary 3 shall be regarded as an t I p 1 of the examination
process and shall be used to closely observe the 2:mploye I for securing tl
most effective i o: an n 5 to his/her new duties, nsi 1 and
re onsibilitie in his/her new dtion a fo:
employee whose romance l not meet j' b rds. If the
service of the employee is deemed to be t the employee shall be
11 t he/she has not satisfactori p probation
38.2 During the probationary period, all new hires shall have the rights and privileges
afforded to other employees, except:
a. Vacation Leave — See Article XIX for vacation schedule.
b. The use of the Grievance Procedure to grieve termination.
c. The City and the employee may mutually agree to extend the probationary
period for not more than six (6) months. AFSCME shall be notified of all
extensions.
d. Probation shall be extended for the same time as any leaves of absence.
38.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position from which he/she
was promoted unless he/she is discharged. The seniority and status of a rejected
candidate shall continue as before.
26
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
ARTICLE XXXIX — PROMOTION
The City and AFSCME mutually agree it is good personnel practice to make every effort
to promote from within consistent with the best interests of the City.
ARTICLE XL - SENIORITY
Seniority is defined as the total length of continuous service with the City. Continuity of
service shall not be broken and seniority shall accrue when an employee is:
a. Inducted, enlists, or is called to active duty in the Armed Forces of the United
States or service in the Merchant Marine under any Act of Congress which
provides that the employee is entitled to re-employment rights.
b. On duty with the National Guard.
c. Is absent due to industrial disability.
d. On leave of absence.
e. Absent due to layoff for a period of less than twelve (12) consecutive months.
ARTICLE XLI — SHOP STEWARDS
AFSCME agrees to notify the City in writing as to the appointment of all shop stewards.
Shop stewards shall be required to work full time in their respective classifications and
shall not interrupt the work of other employees. A steward may, with reasonable notice
and approval of his or her supervisor, leave the job during working hours for reasonable
periods to investigate pending grievances and to take part in the Grievance Procedure.
However, no steward shall leave the 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 XLII — STATUS
Employees shall be designated as regular, probationary, or temporary, depending upon
the purpose for which they are hired and their length of continuous service with the City.
a. A regular employee is defined as an employee who has twelve (12) months or
more service with the City in full time employment, except as provided for in the
Rules for Personnel Administration, Article XI (Probationary Period).
b. A probationary employee is defined as an employee hired for a full time position
that has been regularly established as an authorized position and is of
indeterminate duration. A probationary employee shall receive not less than the
minimum rate for the job and shall be eligible for sick leave pay, vacation pay,
holiday pay, retirement plan participation, insurance coverage and items of a
similar nature, as he/she becomes eligible, but shall not be given preferential
consideration for promotion or transfer or be eligible for a leave of absence.
Upon completion of twelve (12) month of continuous full time service with the
City, a probationary employee shall be given the status of a regular employee.
27
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
c. A temporary employee is an employee hired on a full time basis to fill a full time
position (at least 32 hours per week). Temporary employees shall attain regular
status after being employed for twelve (12) continuous months.
ARTICLE XLIII — LAYOFF
Bargaining unit has the ability to appeal a layoff decision made by Human Resources to
the City Manager.
ARTICLE XLIV — TERM
The terms and conditions of this MOU shall continue in effect until such time as they
are superseded by a signed agreementfMOU between the City of Lodi and AFSCME.
The parties agree as follows:
TERM: Covering the period from January 1, 2012 through December 31, 2013
28
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2012-2013
ATTACHMENT A
CLASSIFICATION PLAN - GS
Current employees as cf 3/21/12
ccs t riti -44- y:
114001/0,0013
to `B -
Ste4§11$0!D
e StE'w
Accounting Clerk I
5
2576.81
2705.55
2840.93
2982.97
3132.12
Accounting Clerk II
3
2834.48
2976.20
3125.01
3281.26
3445.33
Administrative Clerk
372
2566.79
2695.13
2829.89
2971.38
3119.95
Administrative Secretary
376
3414.27 .
3584.99
3764.24
3952.45
4150.07
Animal Services Supervisor
25
3331.07
3497.63
3672.51
3856.13
4048.94
Assistant Animal Services Officer
39
2896.66
3041.49
3193.57
3353.25
3520.91
Building inspector I
74
3942.37
4129.79
4336.28
4553.10
4780.75
Building_ Inspector II
75
4326.45
4542.77
4769.91
5008.41
5258.83
Buyer
76
3939.96
4136.96
4343.80
4560.99
4789.04
Community Improvement Officer'
116
3745.85
3933.14
4129.80
4336.28
4553.10
Community Improvement Officer it
118
4120.43
4326.45
4542.77
4769.91
5008.41
Customer Service Representative I
354
2576.81
2705.65
2840.93
2982.97
3132.12
Customer Service Representative II
353
2834.48
2976.20
3125.01
3281.26
3445.33
Engineering Technician I
157
3970.52
4169.04
4377.49
4596.37
4826.19
Engineering Technician II
159
4367.57
4585.94
4815.24
5056.00
5308.80
Field Services Representative
36
3504.16
3679.37
3863.34
4056.51
4259.33
Field Services Supervisor
35
4033.72
4235.41
4447.18
4669.53
4903.01
Finance Technician
355
3429.72
3601.21
3781.27
3970.34
4168,85
Information Systems Coordinator
19
5355.37
5623.10
5904.22
6199.42
6509.43
Information Systems Specialist
127
3895.39
4090.17
4294.94
4509.40
4734.87
Junior Engineer
207
4804.32
5044.54
5296.76
5561.60
5839.68
Junior Planner
210
3920.74
4116.77
4322.61
4538.74
4765.68
Junior Plans Examiner/Engineer
71
4326.45
4542.77
4769.91
5008.41
5258.83
Library Assistant
228
2695.14
2829.89
2971.39
3119.96
3275.95
Network Technician
426
4671.51
4905.09
5150.34
5407.86
5678.26
Parking Enforcement Assistant
288
2918.97
3064.92
3218.17
3379.08
3548.03
Parks Project Coordinator
271
4804.32
5044.54
5296.76
5561.60
5839.68
Permit Technician
69
3242.65
3404.82
3575.06
3753.82
3941.51
Police Record Clerk f
313
2547.71
2675.09
2808.85
2949.29
3096.76
Police Records Clerk 11
314
2802.49
2942.61
3089.74
3244.23
3406.44
Police Records Clerk Supervisor
316
3222.37
3383.49
3552.66
3730.29
3916.81
Program Coordinator
286
2999.32
3149.28
3306.74
3472.08
3645.69
Public Works Inspector I
320
3933.14
4129.79
4336.28
4553.10
4780.75
Public Works Inspector II
321
4326.45
4542.77
4769.91
5008.41
5258.83
Purchasing Technician
324
3282.49
3446.62
3618.95
3799.89
3989.89
Senior Administrative Clerk
375
2823,47
2964.64
3112.88
3268.52
3431.95
Senior Engineering Technician
161
4804.32
5044.54
5296.76
5561.60
5839.68
Senior Library Assistant
231
2964.64 1
3112.88
3268.52
3431.95
3603.54
Senior Police Administrative Clerk
315
2988.78
3138.23
3295.13
,_3459.88
3632.88
Senior Storekeeper
77
3426.06
3597.36
3777.23
3966.09
4164.40
Supervising Code&Comm.Improvement Officer
T
110
4738.48
4975.41
5224.17
5485.38
5759.65
Supervising Customer Service Representative
346
3429.72
3601.21
3781.27
3970.34
4168.85
Water Services Technician 1
427
4664.39.
4897.61
5142.49
5399.61
5669.59
Water Services Technician II
428
5130.82
5387.36
5656.73
5939.57 '
6236,55
29
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
A.F.S.C.M.E. COUNCIL 57 CITY OF LODI
LOCAL 146 -AFL-CIO A MUNICIPAL CORPORATION
Nancy Vinson Konradt B artlam
Chief Negotiator City Manager
Date: Date:
Sherry Moroz Dean Gualco
President Human Resources Manager
Date: Date:
Linda Tremble
Vice President
Date:
Attest:
Donnie Sanford Randi Johl
Vice President City Clerk
Date:
Terri Lovell
Secretary
Date:
Dan Tarnasky
MO Representative.
Date:
Brian Longpre
MO Representative.
Date:
30
APPROVED AS TO FORM:
D. Stephen Schwabauer
MOU - CITY OF LODI AND AF'SCME GENERAL SERVICES UNIT
Kari Chadwick
GS Representative
Date:
Chris Boyer
GS Representative
Date:
Sandy Smith
Treasurer
Date:
31
2012-2013
EXHE•T B
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
MAINTENANCE & OPERATORS UNIT
January 1, 2 012 - December 31, 2013
MOU — CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT
2012-2013
TABLE OF CONTENTS
CHAPTER 1— SALARY AND OTHER
Article I
Article 11
Article 111
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
CHAPTER 2 — LEAVES
Article XVI
Article XVII
Article XVIII
Article XIX
Article XX
Article XXI
3 — SUI
salary
Overtime
Class A License
Temporary Upgrade
Education Incentives
Bilingual Pay
Hours
Shift Differential
Meals
Standby Duty
Mileage Compensation
Court Appearances
Tools and Uniform Allowance
Safety/Safety Boots
Workers' Compensation
Catastrophic Leave
Bereavement Leave
Holidays
Leaves of Absence
Sick Leave
Vacation Leave
E BENE CS r TD
ENT
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVIII
Article XXIX
Article XXX
Article XXXI
Article XXXII
Chiropractic Insurance
Deferred Compensation Plan
Dental Insurance
Flexible Spending Account
Life Insurance
Long Term Disability Plan
Medical Insurance
PERS
Sick Leave Conversion
Tuition Reimbursement
Vision Insurance
CHAPTER 4 — ASSOCIATION/ CITY ISSUES
Article XXXIII
Article XXXIV
Page #
4
4
6
6
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7
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9
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10
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11
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12
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14
14
14
14
14
14
15
16
17
18
18
Changes in Memorandum 19
City Rights 19
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MOT J — CITY OF 1.ODT AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Article XXXV Demotion And Layoff
Article XXXVI Employee Representation
Article XXXVII 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
Article XLVI Union Leave
Exhibit A — Salary Schedule effective 1/1/2012
Exhibit B — Incentive Pay Schedule
Exhibit C — Incentive Pay for Equipment Maintenance Employees
Exhibit D — Certification Pay
3
19
20
22
25
25
25
26
26
26
27
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MOU — CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT
2012-2013
Chapter 1 Salary and Other
ARTICLE I — SALARY
1.1 Bargaining unit members agree to accept the following furlough hours during the
term of this MOU:
July 1,2012 —December 31,2012 — 72 hours, of which 6, 8 -hour days occur on a
fixed day during the month (typically a Friday) and 3, 8 -hour days will be floating
and must be used by December 31,2012 unless there is a scheduled conflict.
January 1,2013 —December 31,2013 — 96 hours, all of which occur on a fixed day
during the month (typically a Friday) unless there is a conflict.
Fixed and floating furlough leave shall be deducted from bargaining unit members
salary in equal amounts during the particular term.
1.2 For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced Manteca
Modesto Redding Roseville Stockton Tracy Turlock
Vacaville Visalia Woodland
1.3 If any City bargaining unit, group, or City Council (except for IBEW) receives a
salary increase or a higher value medical and/or retirement benefit for the MOU
negotiated (or last/best/final offer imposed) that otherwise expired on December 31,
2013 or by resolution adopted by Council this unit will receive the same benefit
This clause shall not be triggered as a result of a delay in implementing the medical
cap to give affected employees the opportunity to move to a lower cost plan upon
the next available open enrollmentperiod.
ARTICLE II — OVERTIME
2.1 Overtime work, paid at the time and one-half rate, is work performed by an
employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Sections 6.1 and 6.2; and
b. Time worked on a non -work day.
Overtime work paid at the double time rate is work performed in excess of 12 hours
between 12 midnight and 12 midnight on any given day, any work performed
between the hours of 12 midnight and 6:00 a.m., and any work performed on
holidays.
Hours worked on a holiday, as part of any employee's regular work schedule, shall
be compensated at the appropriate overtime rate as provided plus the employee
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
shall receive his or her regular straight time pay. Holiday, for overtime purposes, is
defined within the Holiday section of this MOU
2.2 Employees may accrue compensatorytime in lieu of overtime pay. The accrual rate
for compensatory time shall be at the appropriate rate of overtime worked.
2.3 The decision to elect compensatory time or overtime pay may be made each time
overtime is worked.
2.4 No more than (144) hours of compensatory time may be carried on the books at any
time.
2.5 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
2.6 Upon separation, the employee will be paid at the employee's current hourly rate of
pay or the average of the last three years, whichever is higher, for the remaining
compensatory balance.
2.7 Employees who are required to report for prearranged work on their non -work days
or holidays shall be compensated at the overtime rate for actual hours worked, but
in no event shall they be paid for less than three (3) hours.
2.8 If an employee has worked for six (6) hours or more at the overtime rate during the
sixteen (16) hour period immediately preceding the beginning of his or her regular
work hours on a work day he or she shall be given a rest period of six (6)
consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
2.9 Compensation paid to employees called out in emergency situations outside their
regular work hours shall be a minimum of three (3) hours pay at the overtime rate.
Additional call outs during that day shall be compensated at the overtime rate for
actual hours worked with a one hour minimum. Only one call out between the
hours of 12:00 o'clock midnight and 12:00 o'clock midnight shall be compensated
at the minimum three hour period. Phone calls lasting less than 10 minutes and
does not require substantive work would be paid 1 hour at the appropriate overtime
rate. Calls more than 10 minutes would receive the standard 3 hour callback at the
appropriate overtime rate
2.10 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
a. On work day outside of his or her regular work hours, he or she shall be paid
overtime compensation for actual worked time in connection therewith,
provided however, that if any such employee continues to work into or beyond
5
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
his or her regular work hours, he or she shall be paid overtime compensation
only for actual work time up to his or her regular work hours.
b. On non work days or on holidays, he or she shall be paid overtime
compensation for actual work time in connection therewith. For the purpose of
this Section, prearranged overtime work is deemed to be work for which
advance notice has been given by the end of his or her preceding work period
on a work day.
ARTICLE III - CLASS A LICENSE
Those employees required to have a Class "A" commercial driver's license as part of their
employment will be given $600 per year, to be paid in October of each year.
ARTICLE IV — TEMPORARY UPGRADE
Any employee who is assigned by the Depar lment 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 V — EDUCATION INCENTIVES
5.1 The City shall make available incentive pay as shown in Exhibit B & D. Effective
July 8, 1991, a $40.00 per month incentive shall be paid for each grade at or above
the minimum grades shown. An employee can earn incentive pay to a combined
maximum of $250.00 per month.
5.2 The City agrees to pay all fees charged in obtaining any license, mandatory or
voluntary certification, or recertification required in the course of his or her
employment upon successfully passing the test procedures.
5.3 The City agrees to pay $20.00 per month to two (2) Wastewater Plant Operators for
the possession of a Qualified Applicators Certificate. In the event of the separation
of one of the two, the remaining employee shall receive $40.00 per month.
5.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as
outlined in Exhibit C.
5.5 Equipment Mechanics are eligible to receive incentive pay of either $25.00 or
$50.00 per month for possession of Automotive Service Excellence Technician
Certificates on the following basis:
a. Only courses listed in Exhibit C will qualify towards this incentive.
b. Employees will not be paid for both certificates in cases where one is a
prerequisite of the other. For example, ASE certifications A-6, A-8 and L-1 are
required by BAR in order to obtain a smog certificate. An employee having a
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
BAR smog certificate will receive $50.00 for the smog certificate and the three
ASE certificates will not be counted toward the ASE certification incentives.
c. Employees will receive a total of $25.00 per month for possession of a
minimum of three (3) certificates.
d. Employees will receive a total of $50.00 per month for possession of a
minimum of eight (8) certificates.
Incentives in this subsection are limited to employees hired prior to the execution of this
MOU (March 21,2012).
ARTICLE VI — BILINGUAL PAY
Employees designated by the Department Head and approved by the City Manager who
have passed a bilingual proficiency examination administered by the City shall receive a
monthly bilingual supplement of $150.00. The City Manager has the discretion in
determining the languages that will be recognized.
ARTICLE VII — HOURS
7.1 Except as provided in subsequent sections, the normal hours of work for all
represented personnel shall be eight hours per day and 40 hours per week.
Alternate work hours may be 9 hours a day in the 9/80 schedule for 80 hours in a
two week period, or 10 hours per day in the 4/10 schedule. The lunch period shall
normally commence between the third and fifth work hour at the discretion of the
supervisor.
a. Wastewater Plant Operators shall work shifts on a jointly agreed to rotating
schedule with varying days off. This schedule shall be posted two weeks
before the change of shift.
b. Employees assigned to work "Relief Operator" duties shall receive
compensation at a rate of 10% above their current base pay. The "Relief
Operator" is one who works a normal day shift but is on call to assume a
shift operators shift(s) for the duration of a vacancy, then return to regular
hours.
c. Street Sweeper Operators shall work a schedule which begins at 4:00 a.m.
d. Alternate work schedules may be developedby mutual agreement between
the employee and the appropriate supervisor.
7.2 Work schedules presently in effect shall remain in effect. Any proposed change in
the work days or work hours shall be a meet and confer item.
ARTICLE VIII — SHIFT DIFFERENTIAL
An Operations Premium of 3% will be applied to Wastewater Treatment Plant Operators
for all hours worked during swing shifts. Swing shifts are those daily work periods
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MOU — CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT
2012-2013
regularly scheduled to begin from 2pm to 12am. Shift assignments shall be made by the
City at its sole discretion consistent with this MOU.
ARTICLE IX - MEALS
9.1 If the City required an employee to perform work for one and one-half (1 V2) hours
immediately following quitting time, or if any employee is called in more than two
(2) hours immediately before regular starting time, the City shall provide such
employee with a meal. The cost of the meal not to exceed $20.00 with a receipt. If
an employee works beyond the regular quitting time, the City shall continue to
provide meals at four (4)hour intervals until the employee is dismissed from work.
The cost of such meals and the time taken to consume them shall be at the City's
expense.
9.2 When the City requires employees to work on non -work days, the City shall
provide meals at intervals of four (4) hours. The first meal shall be four (4)hours
after employees report to work, providing time is allowed for an employee to eat
before reporting. If such time is not allowed, the first meal break shall be two (2)
hours after reporting for work and at the four (4) hour intervals thereafter.
9.3 When an employee is required to perform prearranged work on non -work days
during regular work hours, he or she shall observe the lunch arrangement which
prevails on his or her work days, If such work continues after regular work hours,
the City shall provide the employee with meals in accordance with other provisions
cf this MOU.
9.4 If the City requires an employee to perform prearranged work starting two (2) hours
or more before regular work hours on work days or non -work days, and such
employee continues to work into regular hours, the employee shall provide for one
meal on the 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 X— STANDBY DUTY
Employees shall receive compensation of two (2) hours of straight pay when said
employees are required to be placed in standby status for a shift.
ARTICLE XI — MILEAGE COMPENSATON
Employees using their personal automobile for City business, with their department head's
approval, shall receive mileage compensation equal to that allowed by the Internal Revenue
Service. City business does not include transportation to and from work or call backs due
to emergencies, except that employees whose regular work station is at the White Slough
Water Pollution Control Facility shall receive mileage compensation if called back to the
plant in an emergency situation.
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MOU - CITY OF LODI AND AFSCMB MAINTENANCE AND OPERATORS UNIT
2012-2013
Allowance changes shall be effective the first day of the month following the determination
of an increase by the IRS.
ARTICLE XII, — COURT APPEARANCES
12.1 Employees summoned by a court for jury duty shall be granted jury duty leave with
pay and may keep any jury duty compensation received. Voluntary grand jury
service such as that service in San Joaquin County is not covered by jury duty
leave.
12.2 If jury duty attendance is less than one-half of a normal working day, the employee
is expected to return to work.
12.3 If an employee has had jury duty of six hours or more during a 16 -hour period
immediately preceding the beginning of or following the end of his or her regular
work hours on a work day, he/she shall be given a rest period of six (6) consecutive
hours.
12.4 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half times his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employee, the Department Head must be notified in writing of the off duty
appearance within seventy-two hours after the employee is subpoenaed or otherwise
notified of the required court appearance.
ARTICLE XIII— TOOLS AND UNIFORM ALLOWANCE
Uniforms provided by the City shall include a jacket, pants and shirts. Jackets shall be
replaced as needed. Uniform service, including rental and cleaning of one uniform (shirts
& pants) per work day, will be provided to the following Maintenance and Operators
classifications:
Environmental ComplianceInsp.
Facilities Maintenance Worker
Facilities Supervisor
Fleet Services Supervisor
Heavy Equipment Mechanic
Maintenance Worker I & II
Park Maintenance Worker I & H
Park Maintenance Worker 111
Park Supervisor
Chief Wastewater Plant Operator
9
Parts Clerk
Plant & Equipment Mechanic
Street Maintenance Worker 111
Street Supervisor
Sr. Facilities Maintenance Worker
W/WW Maintenance Worker III
W/WW Supervisor
W/WW Plant Operator MEI
Welder -Mechanic
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Coveralls as needed, but no more than 3, are provided to:
Chief Wastewater Plant Operator
Wastewater Plant Operator I, II, III
Sr. Plant and Equipment Mechanic
Plant and Equipment Mechanic
Environmental Compliance Inspector
Maintenance Workers I and II
assigned to White Slough
Smocks as needed, but no more than 3, are provided to Laboratory Technician VII
ARTICLE XIV— SAFETY/SAFETY BOOTS
14.1 The City retains the right to set and maintain safety standards in the work place.
Failure to adhere to safe work practices will be grounds for the City to take
appropriate steps to ensure compliance.
14.2 The City agrees to provide an annual boot allowance of $200, paid quarterly as
part of the last biweekly payroll in the months of March, June, September and
December, for all classifications in this unit except Laboratory Technician VII
14.3 Safety boots are defined as leather work boots with a minimum of 4" ankle
support. Employees have the option of purchasing these boots with or without steel
toes.
14.4 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
ARTICLE XV— WORKER'S COMPENSATION
The City and AFSCME mutually agree that when an employee is compelled to be absent
from work due to injuries or illness arising out of and in the course of his or her
employment, the City shall pay full compensation to any represented employee who
becomes eligible for benefits under Worker's Compensation laws for the period of the time
between the injury and the first day of eligibility for benefits. With the determination that
the injury or illness is compensable in accordance with Workers' Compensation benefit
criteria, the employee, upon receiving said benefits paid by Workers' Compensation shall
also receive compensation from the City in such an amount that when added to the
Workers' Compensation payment shall equal his or her regular salary. The amount paid by
the City shall, after the period from the date of injury and date of eligibility, be charged to
the employee's sick leave account. The employee's regular deductions shall be made from
the amount paid by the City.
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MOU - CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT
2012-2013
Chapter 2 - Leaves
ARTICLE XVI — CATASTROPHIC LEAVE
16.1 Catastrophic Leave will be provided as stated in the City's current Policy. The City
will not eliminate this policy during the term of this MOU. Catastrophic Leave
may be utilized for care of an employee's qualified family members (as
identified in the City's Catastrophic Leave Policy) even if the employee participates
in Short Term Disability.
16.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any
use of Short Term Disability
ARTICLE XVII — BEREAVEMENT LEAVE
17.1 Regular employees shall be granted 3 days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel to
and from the location of the funeral.
The immediate family shall be limited to an employee's:
• spouse
• grandparent -in-law
• grandchild
• stepchild
• half-brother
or a more distant relative
• parent
• parent -in-law
• son-in-law
• foster parents
• half-sister
• grandparent
• child
• daughter-in-law
brother
sister
who was a member of the employee's immediate
household at the time of death.
17.2 A regular employee may use sick leave, vacation leave, or compensatory time off
to attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days.
ARTICLE XVIII — HOLIDAYS
18.1 Members of this Unit shall observe the following nationally observed holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (4 hours)
Christmas Day
11
January 1
3rd Monday in January
31d 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
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Employees receive holiday pay if/when they work on the above City -recognized
national holiday
In addition, each employee shall be granted thirty-six (36) hours of holiday leave to
be taken off at a time mutually agreed upon between the employee and the
department head. Holiday leave cannot be carried over into the following calendar
year.
Holidays which fall on the first regularly scheduled day off shall be observed on the
preceding work day. Holidays which fall on any other regularly scheduled day off
shall be observed on the next regularly scheduled work day, with the exception that
if the next regularly scheduled work day is also a holiday, the first holiday shall be
observed on the preceding work day.
18.2 Holiday time may be taken in quarter hour increments.
ARTICLE XIX — LEAVES OF ABSENCE
Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The
City will not eliminate this policy during the term of this MOU
ARTICLE XX — SICK LEAVE
20.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate
of 3.70 hours per pay period.
20.2 Sick leave may be accumulated up to an unlimited amount.
20.3 Employees will be able to use family sick leave for parents or children not residing
with the employee consistent with City policy regarding use of sick leave for
family member's illnesses.
ARTICLE XXI — VACATION LEAVE
21.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hrs per pay period
6th year: 4.62 hrs per pay period
12th year: 5.24 hrs per pay period
15thyear: 6.16 hrs per pay period
2 1st year: 6.47 hrs per pay period
22nd year: 6.78 hrs per pay period
23rd year: 7.09 hrs per pay period
24th year: 7.40 hrs per pay period
25th year & over: 7.71 hrs per pay period
21.2 If conflict arises in the scheduling of vacation of employees in the same
classification, the conflict shall be resolved in favor of the employee with the
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MOI — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
greatest City seniority. The senior employee shall receive first choice in any
scheduling period.
21.3 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.
21.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate
will be 6.16 hours per pay period.
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Chapter 3 - Insurance and Retirement
ARTICLE XXII — CHIROPRACTIC INSURANCE
The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXIH - DEFERRED COMPENSATION PLAN
23.1 The City and AFSCME agree to the implementation of the following program
effective July 1, 1977.
23.2 The City shall match contributions by an employee to a deferred compensation
program up to a maximum 3.0% of the employee's gross salary beginning in
the pay period that July 1,2012 falls.
ARTICLE XXIV — DENTAL INSURANCE
24.1 Employees are provided fully paid family dental insurance.
24.2 Maximum benefits are $1000 for each family member enrolled in the dental plan
per calendar year. There is a $25 deductible plus co-insurance features.
ARTICLE XXV — FLEXIBLE SPENDING ACCOUNT
25.1 The City will maintain a "flexible spending account" to conform to IRS regulations
to be used for premium contributions, dependent care and/or un -reimbursable
medical payments for unit members.
25.2 The City intends to propose a Cafeteria -based benefit program in 2012 with an
effective date of January 1, 2013. This program would incorporate, but not be
limited to: medical, vision, dental, chiropractic, and life insurance. The above listed
terms of this agreement will be reopened for negotiation upon the City's
presentation of a Cafeteriaplan.
25.3 The City's proposed Cafeteria Plan will offer substantially the same or better
benefits to those currently received by unit members.
ARTICLE XXVI — LIFE INSURANCE
The City agrees to provide a life insurance program providing an additional $10,000 term
life insurance for the employee. Said amount of insurance to reduce to $6,500 at age 70,
and to decrease to 10% at age 95. In addition, a spouse, unmarried dependent children
between the ages of 6 months and 21 years, unmarried student dependent children aged 21
or 22, and dependent handicapped children shall be covered for $1,500 insurance. Children
between the age of 14 days and 6 months shall be provided with $150 life insurance.
ARTICLE XXVII — LONG TERM DISABILITY PLAN
27.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
commences 60 days from the date of disability. Please refer to the City's Policy on
Long Term Disability.
27.2 The maximum length of coverage is three years from date of disability.
ARTICLE XXVIII — MEDICAL INSURANCE
28.1 All employees are offered medical insurance for themselves and dependents
through Ca1PERS-Medical Plans. City shall pay 100%premium for the employee's
family category (Family,Employee+1, Single) for the lowest cost PERS HMO
available in Lodi's geographical area (excluding PORAC) as of January 1, 2012.
28.2 The City will waive the current employee medical contribution effective the first
pay period that begins two weeks after this agreement is approved by Council. If
Employee selects a higher cost plan, Employee will pay the difference as a payroll
deduction.
If an employee elects not to be covered by medical insurance through the City of
Lodi, an additional:
$692.8 1 per month for family
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In
order to qualify for this provision, proof of group insurance must be provided to the
City.
28.2 Employees will pay one hundred percent (100%) of the change in medical costs
beginning January 2013. The baseline will be the January 2012 lowest cost PERS
HMO for the employee's family category (Family, $1587.14; Employee+1,
$1220.88; Single, $610.44).
Effective January 1, 2013, the maximum amount the City will pay towards medical
premiums will be revised as follows for employees whose annual base salary,
adjusted for furloughs, is less than $40,000.
For those taking single coverage, City maximum amount paid will increase by the
lesser of actual premium increases from Ca1PERS or 3%.
For those taking Employee + 1 or Family coverage, City maximum amount paid
will increase as noted below:
• If actual premium increase is 6.55% or less, City will increase maximum
amount paid by the lesser of actual premium increase or 6.55%.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
• ff actual premium increase is greater than 6.55% and less than or equal to
9.55%, City will increase maximum amount paid by the actual premium
increase over 6.55%, up to a maximum of 3% (9.55%).
• If actual premium increase is greater than 9.55%, City will pay the
incremental difference between 6.55% and 9.55% (i.e. 3.00%).
In no event will the amount to be paid by the City exceed 3.00% over the current
City paid amount.
Percentage increases shall be based upon the amounts shown above ($610.44 for
single, $1,220.88 for Employee + 1 and $1,587.14 for Family).
28.3 Employees shall be eligible for medical insurance from the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
28.4 The City shall pay 100% of the premiums or up to the maximum City payment
noted above for health and dental benefits for the unmarried surviving spouse and
any minor children of any members of this unit who is killed or dies during the
performance of official duties. This benefit terminates if the surviving spouse
remarries, the children reach the age of 26, or other medical insurance becomes
available.
ARTICLE XXIX— PUBLIC EMPLOYEES RETIREMENT SYSTEM
29.1 The City agrees to provide the following PERS retirement program and to pay the
employers cost:
a. PERS "2% at 55" full formula retirement benefits plus the following additional
options:
b. The increased ordinary disability benefits which provide under PERS a 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.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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Employees shall pay the employee portion of Retirement Benefits as follows:
January 1, 2012 through December 31, 2012 — 1%
January 1,2013 through December 3 0,2 013 — 3.3%
December 31,2013 and thereafter — 7.0
29.2 The City and AFSCME agree to a new retirement formula of 2% @ 60. Those
employees hired after the City transitions to 2% @ 60 (which would occur once the
City receives approval from Ca1PERS) will be subject to the new retirement plan of
2% @ 60. Until that date, AFSCME members hired will remain in the 2% @ 55
retirement plan.
ARTICLE XXX— SICK LEAVE CONVERSION
30.1 For all unused sick leave balance, a represented employee with ten years of
employment with the City will receive medical coverage upon retirement (but not
upon resignation or termination) using one of the following options:
Option#1— CONVERSION
After ten years of employment with the City, 50% of the represented employee's
unused sick leave shall be converted to months of medical insurance as adjusted
herein. For each year that an employee has been employed by the City in excess of
ten years, the employee shall be entitled to add 2 1/2% to the 50% before converting
the unused sick leave to months of insurance.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800HOURS
OF UNUSED SICK LEAVE.
1800+ 8 X 75% W 12 = 14.06 YEARS OF COVERAGE
The amount of the premium paid shall be the same as the premium paid by
the City at the time of retirement. Any differences created by an increase in
premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase
medical insurance for the same period as if the employee had not died.
Option #2 — BANK
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year that
an employee has been employed in excess of 10 years, 2 V2 % will be added to the
50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS
OF UNUSED SICK LEAVE (MULTIPLICATIONFACTOR - $20.00).
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
1800 x 75% x $20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance is gone.
In the event the retiree dies the remaining bank will be reduced by 50% and
the surviving dependent(s) may use the bank until the balance is gone.
Option #3 — CASH OUT
A retired employee may choose to receive a cash settlement for unused sick leave at
the rate of $.30 on the dollar. Under this provision, employee's sick leave balance
at the time of retirement shall be converted to dollars at the employee's current rate
of pay.
30.2 In the event an active employee dies before retirement and that employee is vested
in the sick leave conversion program, the surviving spouse will have an interest in
one-half the value of the Bank option as calculated in section 30.1.
30.3 Employees selecting option #1 or #2, who retire on a service retirement, shall have
the option of purchasing, at the employee's cost, additional medical insurance
sufficient to reach age 65.
30.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City liability as specified in Section 30.1 of this Article.
30.5 The City agrees to modify its contract with PERS to add credit for unused sick
leave per Government Code Section 20862.8. This benefit is available to all
employees regardless of the date hired; however, it is the only sick leave conversion
benefit available to employees hired after July 1, 1995. It is agreed that eight hours
equal one day for purposes of determining day creditable. If an employee opts to
utilize the provisions of any section of Article 30 other than 30.5, the City will
report to PERS they have zero hours of unused sick leave.
ARTICLE XXXI— TUITION REIMBURSEMENT
Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not eliminate this policy during the term of this
MOU.
ARTICLE XXXn — VISION INSURANCE
The City agrees to provide a vision care plan equivalent to the VSP Plan B with a $25.00
deductible for the employee and dependents. The entire premium shall be paid by the City.
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Chapter 4. Association/City Issues
ARTICLE XXXIII — CHANGES IN MEMORANDUM
The parties agree to reopen this Memorandum and to renew meeting and conferring on the
subjects set forth herein during the term of this Memorandum only in the event that any
provision of this MOU is modified by statue, applicable regulation or by order of Court in
such a way as to affect either the employees or the City. In such event, all remaining
provisions of the MOU shall continue in full force and effect unless and until they are also
modified by statue, applicable regulation, order of Court, or agreement of the parties.
ARTICLE XXXIV — CITY RIGHTS
It is further understood and agreed between the parties that nothing contained in this MOU
shall be construed to waive or reduce any rights of the City, which include but are not
limited to the exclusive rights to:
• Determine the mission of its constituent departments, commissions, and boards; to
set standards of service.
• Determine the procedure and standards of selection for employment; to direct its
employees.
• Maintain the efficiency of governmental operations.
• Determine the methods, means and personnel by which government operations are
to be conducted.
• Take all necessary actions to carry out its mission in emergencies.
• Exercise complete control and discretion in the technology of performing its work.
• City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of work or
other legitimate reasons, to take disciplinary action, and to determine the content of
job classifications; provided, however, that the exercise by the City of the rights in
this section does not preclude employees or their recognized employee
organizations from filing grievances regarding the practical consequences that
decisions on such matters may have on wages, hours or other terms and conditions
of employment.
ARTICLE XXXV — DEMOTION AND LAYOFF
35.1 The classification of Maintenance Worker in the Parks, Recreation and Cultural
Services or Public Works Department will be "Y" rated if an employee is
involuntarily transferred or demoted between departments as a result of a reduction
in workforce.
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MOU — QTY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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35.2 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXVI — EMPLOYEE REPRESENTATION
36.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is
entered into between representatives of the City of Lodi (hereinafter referred to as
"City") and representatives of the Lodi Chapter of the American Federation of
State, County and Municipal Employees (hereinafter referred to as "AFSCME"),
for the Maintenance and Operators Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
results of meeting and conferring in good faith as 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.
36.2 The City shall grant dues deduction to City employees who are members of
AFSCME in accordance with the terms and conditions set forth in City of Lodi
Resolution 2011-51.
36.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
a. Union Membership — All employees covered by this Agreement shall, as a
condition of employment, become and remain members of the UNION within
30 days of employment in a covered job classification. The CITY will inform
all new hires and employees promoting into the bargaining unit of the existence
of this Collective Bargaining Agreement and the requirement to become and
maintain membership in the UNION. A UNION Officer, or designee, will be
notified within 10 business days and afforded time to meet with any employee
entering the bargaining unit in order to conduct a UNION Orientation Meeting.
b. In the event an employee covered by this Agreement fails to apply for, or
maintain their membership in the UNION, or reinstate themselves into
membership in good standing, the UNION may give the CITY written notice of
the fact and request that the employee be suspended or terminated from
employment. In such event, the CITY shall suspend or terminate the
employment of said employee, as requested, within 15 business days of receipt
of the notice.
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2012-2013
c. Fair Share Donation — Any employee who is a member of a bona fide religion,
body, or sect who has historically held conscientious objections to joining or
financially supporting public employee organizations shall not be required to
join or fmancially support the UNION. Such employee shall, in lieu of Agency
Shop Fees, pay sums equal to said amount to a non -religious, non -labor United
Way charitable organization exempt from taxation under Section 501 c (3) of
the Internal Revenue Code, which has been selected by the UNION from the
local United Way. Payments shall be made by payroll deduction as a condition
of continued exceptions from the requirements of financial support to the
UNION and as a condition of continued employment. Disputes regarding the
application for this provision, by employees, shall be subject to arbitration.
d. Membership status shall remain in effect for the duration of this Agreement
except that an employee may change his or her status from UNION member not
more than 90 days or less than 60 days prior to the expiration of this Agreement.
An employee changing his or her membership status shall submit the
appropriate form to the UNION. Thereafter, the UNION will notify the CITY
of the change and the appropriate notation shall be made to the employee's
record and/or payroll deduction.
e. The CITY shall provide the UNION, on a monthly basis, the name, home
address and department, division or work unit of employees entering or leaving
a job classification covered by this Agreement. Employees leaving or
reentering employment from Military Leave will be noted.
f. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay
of each member of the UNION covered by this Agreement, who authorized
such deductions in writing, all dues or fees levied by the UNION. The CITY
shall provide the UNION 5 business days prior to the end of the pay period an
alphabetical list of employees belonging to the UNION. The list shall contain
the amount of payroll deduction for each employee listed. The CITY agrees to
remit to the UNION on a bi-weekly basis the aggregate amount of deductions
shown on the list furnished by the UNION. A copy of the Check Off
Authorization Form signed by each employee shall be submitted by the UNION
to the CITY.
g.
Payroll deductions shall be limited to the following choices:
• Union Membership Dues
• Agency Shop Fees
• AFSCME Voluntary Political Action Check Off (PEOPLE)
• Fair Share donations to the United Way Campaign
• Fair Share donations are limited to employees with religious objections.
h. The Union will comply with its legal obligation regarding the administration of
this section.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Hold Harmless — The UNION agrees to hold harmless and to indemnify the
CITY for any and all costs or legal action, which may be caused, or result from
the CITY'S compliance with this Article.
36.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subject to the operating needs of the City. Requests for such use shall be
made in advance to the appropriate department head managing the facility or
designee and shall include the date, location, time and general purpose of such
meeting. The City may establish reasonable regulations governing the use of such
facilities.
36.5 No City employee or applicant for employment shall be discriminated against in
any aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affiliations, union affiliation, age, sex or disability.
36.6 The City and AFSCME agree and understand that if any section of the MOU in any
way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor
of the MOU language. If the MOU is silent on any issue, the applicable document
is controlling.
ARTICLE XXXVII — GRIEVANCE PROCEDURE
37.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretation or application of any of the terms and
conditions of this MOU, letters of understanding, formal interpretations acid
clarification executed by AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application, or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matters of discipline which includes demotion, suspension or
discharge.
As used in this procedure, the term "party" means an employee, AFSCME, the City
or the authorized representative of any party. The employee is entitled to
representation through all steps in the grievance procedure.
37.2 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
a. Interpretation or application of any of the terms of this agreement, including
Exhibits thereto, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension or discipline of an individual employee.
c. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
d. Disputes which may be of a "class action" nature filed on behalf of
AFSCME or the City. Class action grievances shall be in writing from
AFSCME to the City Manager or vice versa.
37.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work days of the date of the action complained of, or the date the
grievant became aware of the incident which is the basis of the Grievance.
37.4 STEP TWO: If a grievance has not been resolved in initial step, a written
statement signed by the Grievant shall be presented to the department head which
shall include the action being grieved and the desired remedy. A discussion shall
then take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall be
taken within fifteen (15) work days from the date of the answer in Step One.
37.5 STEP THREE: If a grievance is not resolved in Step Two, Step Three shall be
the presentation of the Grievance, in writing, by the employee or his/her
representative to the City Manager, who shall answer in writing within fifteen (15)
work days of receipt of the Grievance. This Step shall be initiated within fifteen
(15) work days of the date of the answer in Step Two.
37.6 STEPFOUR: 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
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
five (5) arbitrators, the same request shall be made of the American Arbitration
Association.
To ensure that the arbitration process is as brief and economical as possible, the
following guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
c. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court reporter
required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
stipulations of fact, Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a joint letter, the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g.
The arbitrator may exclude testimony or evidence which he/she determines
irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limited to those determined by the arbitrator
to have a direct connection with the appeal. Witnesses normally would be
present at the hearing only while testifying and should be permitted to
testify only in the presence of the employee or his/her representative and the
employer's representative.
i. The arbitration hearing will be held on the employer's premises.
J.
The cost of arbitration shall be borne equally by the parties. However, the
cost, if any, of cancellation or postponement shall be the financial
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
responsibility of the party requesting such delay unless mutually agreed by
the parties.
The decision, opinion, or award shall be based on the record developed by the
parties before and during the hearing. The decision will be in writing and shall
contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of the
MOU or the written ordinances, resolutions, rules, regulations and procedures of the
City, nor shall he/she impose any limitations or obligations not specifically
provided for under the terms of the MOU. The arbitrator shall be without power or
authority to make any decision that requires the City or management to do an act
prohibited by law.
The arbitrator has no power to add to a disciplinary action.
37.7 Failure by either party to meet any of the aforementioned time limits as set forth in
Section 36.3, 36.4, 36.5, or 36.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
37.8 Employees may have documents (other than performance reports) relating to
absenteeism and disciplinary actions removed from their personnel files if the
incident prompting the action took place twenty-four (24) months or more previous
and no incident of a similar nature has occurred in the interim.
37.9 An employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
37.10 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XXXVIII — MUTUAL CONSENT CONTINGENCY
This MOU may be amended any time during its life upon the mutual consent of the City
and AFSCME. Such amendment must be in writing and attached to all executed copies of
this MOU.
ARTICLE XX XIX— NO STRIKES
The represented employees agree that they shall not strike, withhold services, engage in
"slow downs" or "sick -ins", or participate in any other concerted activity which adversely
affectsjob performance or City services during the term of this MOU.
ARTICLE XL — PROBATIONARY PERIOD
40.1 All appointments to positions in the classified service shall be subject to a
probationary period of 12 continuous months of service. The probationary period
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
shall be regarded as an integral part of the examination process and shall be used to
closely observe the employee's work for securing the most effective adjustment of
an employee to his or her new duties, assignments and responsibilities in his or her
new position and for rejecting any probationary employee whose performance does
not meet required work standards. If the service of the employee is deemed to be
unsatisfactory, the employee shall be notified that he or she has not satisfactorily
completed probation.
40.2 During the probationary period, all new hires shall have all the rights and
privileges afforded to other employees, except:
a. Vacation Leave — See Article XX for vacation schedule.
b. The use of the Grievance Procedure to grieve termination.
c. The City and the employee may mutually agree to extend the probationary
period for not more than 6 months. The AFSCME shall be notified of all
extensions.
40.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position which he or she was
promoted. The seniority and status of a rejected candidate shall continue as before.
ARTICLE XLI — PROMOTION
The City and AFSCME mutually agree it is good personnel practice to make every effort to
promote from within, consistentwith the best interest of the City.
ARTICLE XLII — SENIORITY
Seniority is defined as the total length of continuous service with the City. Continuity of
service shall not be broken and seniority shall accrue when an employee is:
a. inducted, enlists, or is called to active duty in the Armed Forces of the United States or
service in the Merchant Marine under any Act of Congress which provides that the
employee is entitled to re-employment rights,
b. on duty with the National Guard,
c. is absent due to industrial injury,
d. on leave of absence, or
e. absent due to layoff for a period of less than twelve (12) consecutive months.
ARTICLE XLIII — SHOP STEWARDS
The AFSCME agrees to notify the City in writing as to the appointment of all shop
stewards. Shop stewards shall be required to work full time in their respective
classifications and shall not interrupt the work of other employees. A steward may, with
reasonable notice and the approval of his or her supervisor, leave the job during working
hours for reasonable period to investigate pending grievances and to take part in the
Grievance Procedure. However, no steward shall leave the job while his or her presence is
necessary in the judgment of his or her supervisor for the safe conduct and efficiency of the
operations in which he or she is engaged.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
ARTICLE XLIV— STATUS
Employees shall be designated as regular, probationary, or temporary, depending upon the
purpose for which they are hired and their length of continuous service with the City.
a. A regular employee is defined as an employee who has twelve (12) months or more
service with the City in full time employment, except as provided for in the Rules for
Personnel Administration Article XI (Probationary Period).
b. A probationary employee is defined as an employee hired for a full time position that
has been regularly established as an authorized position and is of indeterminate
duration. A probationary employee shall receive not less than the minimum rate for the
job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan
participation, insurance coverage and items of a similar nature, as he or she becomes
eligible, but shall not be given preferential consideration for promotion or transfer or be
eligible for a leave of absence. Upon completion of twelve months of continuous full
time service with the City, a probationary employee shall be given the status of a
regular employee.
c. A temporary employee is an employee hired on a full time basis to temporarily fill a
full time position (at least 32 hours per week). Temporary employees shall attain
regular status after being employed for twelve (12) continuous months.
ARTICLE XLV — TERM
The terms and conditions of this MOU shall continue in effect until such time as they are
superseded by a signed agreement/MOU between the City of Lodi and AFSCME. The
term of this MOU shall cover the period from January 1, 2012 to December 31, 2013.
ARTICLE XLVI — UNION LEAVE
46.1 Whenever any employee is absent from work as a result of a formal request by the
AFSCME to send an employee to school to be involved in union business, the City
shall pay for all regular time lost and shall be reimbursed therefore by the AFSCME
at the rate of one hundred and fifty percent (150%) of the employee's regular wage
rate.
46.2 The City agrees to provide storage space to AFSCME for union materials.
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MOI1 - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
EXHIBIT A - Effective 03/21/12
Occupation Title
OCC
Step A
Step B
Step C
Step D
Step E
Chief Wastewater Plant Operator
358
4863.55
5106.73
5362.07
5630.17
5911.68
Environmental Compliance Inspector
425
4027.38
4228.75
4440.19
4662.20
4895.31
Equipment Service Worker
166
2950.92
3098.47
3253.39
3416.06
3586.86
Facilities Maintenance Worker
81
3243.40
3405.57
3575.84
3754.64
3942,37
Facilities Supervisor
78
4103.07
4308.22
4523.63
4749.81
4987.31
Fleet Services Supervisor
265
4479.64
4703.62
4938.81
5185.75
5445.03
Heavy Equipment Mechanic
264
3541.48
3718.55
3904.48
4099.70
4304.69
Laboratory Services Supervisor
352
4863.55
5106.73
5362.07
5630.17
5911.68
Laboratory Technician 1
212
3207,89
3368.28
3536.70
3713.53
3899.21
Laboratory Technician II
213
3528.40
3704.82
3890.06
4084.56
4288.79
Lead Equipment Mechanic
266
3895.63
4090.41
4294.93
4509.67
4735.16
Maintenance Worker 1
252
2808.87
2949.44
3096.77
3251.56
3414.32
Maintenance Worker II
255
3089.22
3243.68
3405.86
3576.15
3754.96
Park Maintenance Worker I
273
2675.26
2809.03
2949.48
3096.95
3251,80
Park Maintenance Worker II
276
2942.51
3089.64
3244.12
3406,32
3576.64
Park Maintenance Worker ill
279
3236.85
3400.46
3568.63
3747.06
3934.42
Park Supervisor
270
4103.07
4308.22
4523.63
4749.81
4987,31
Parts Clerk
135
2810.76
2951.29
3098.86
3253.80
3416.49
Plant & Equipment Mechanic
430
3661.19
3844.18
4036.28
4238.03
4449.94
Senior Facilities Maintenance Worker
73
3567.64
3746.02
3933.32
4129.99
4336.49
Senior Plant & Equipment Mechanic
434
4027.44
4228.82
4440.26
4662.27
4895.38
Stage Technician
113
3567.64
3746.02
3933.32
4129.99
4336.49
Street Maintenance Worker III
258
3398.51
3568.44
3746.86
3934.20
4130.91
Street Supervisor
381
4307.71
4523.09
4749.25
4986.71
5236.0
Tree Operations Supervisor
410
4307.71
4523.09
4749.25
4986.71
5236.05
Wastewater Plant Operator I
361
3493.73
3668.41
3851.84
4044.43
4246.65
Wastewater Plant Operator II
360
3843.20
4035.36
4237.13
4448.99
4671.44
Wastewater Plant Operator III
362
4227.53
4438.90
4660.85
4893.89
5138.59
Water/Wastewater Maintenance Worker 111
431
3398.51
3568.43
3746.86
3934.20
4130.91
WatertNastewater Supervisor
429
4631.87
4863.61
5106.59
5362.07
5630.23
Welder - Mechanic
171
3541.37
3718.52
3904.51
4099.68
4304.73
28
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
EXHIBIT B
INCENTIVE PAY SCHEDULE
Minimum Grade Level
1. Industrial Waste Inspector Certification to Earn Incentive
(CWEA-4 Grade Levels)
• Laboratory Technician I & II I
• Water/ Wastewater Supervisor 1
• Chief Wastewater Plant Operator I
• Laboratory Services Supervisor 111
• Environmental Compliance Inspector 111
Minimum Grade Level
2. Laboratory Analyst Certification to Earn Incentive
(CWEA or AWWA - 4 Grade Levels)
• Laboratory Technician I I
• Laboratory Technician 11 11
• Wastewater Plant Operator I & 11 1
• Environmental Compliance Inspector 11
• Chief Wastewater Plant Operator 11
• 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 & 11 I
• Water/ Wastewater Maintenance Worker I, II, III 11
• Chief Wastewater Plant Operator II
• Sr. Plant and Equipment Mechanic 111
• Water/ Wastewater Supervisor 11
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 111
Supervisor
29
MOU — QTY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Minimum Grade Level
5. Wastewater Treatment Plant Opr. Certification to Earn Incentive
(CSWRCB — 5 Grade Levels)
• Wastewater Plant Operator I II
• Wastewater Plant Operator II III
• Chief Wastewater Plant Operator IV
Minimum Grade Level
6. Water Distribution Operator Certification to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer ( Water/ Wastewater) I
• Maintenance Worker I, II, III 11
(Water/Wastewater)
• Laboratory Services Supervisor II
• Environmental Compliance Inspector 11
• Plant and Equipment Mechanic III
• Sr. Plant & Equipment Mechanic III
• Water/ Wastewater Supervisor 111
Minimum Grade Level
7. Water Treatment Plant Opr. Certification to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer, Maintenance Worker I, 11 I
(Water/ Wastewater)
• Maintenance Worker 111 11
(Waterl Wastewater)
• Laboratory Services Supervisor II
• Environmental Compliance Inspector II
• Plant and Equipment Mechanic 111
• Sr. Plant and Equipment Mechanic 111
• Water/ Wastewater Supervisor 111
8. Qualified Applicators Certificate
(State of California)
• Street Supervisor
• Parks Maintenance Worker III
• Parks Supervisor
• Streets Maintenance Worker I, 11,111& Laborer
• Wastewater Plant Operator I
• Senior Facilities Maintenance Worker
30
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
9. Pest Control Advisor License
(State of California)
• Street Supervisor
• Parks Supervisor
• Laborer
• Parks Maintenance Worker I, II, III
• Street Maintenance Worker I, II, 111
Notwithstanding the provisions of Article 3, the amount for the Pest Control Advisor
License incentive will be $50 per month.
31
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
EXHIBIT C
INCENTIVE PAY FOR EQUIPMENT MAINTENANCE EMPLOYEES
Mechanic Qualifications Smog Certificate issued by Bureau of Automotive Repair
BB AR) (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
32
MOU — CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT
2012-2013
Automotive Service Excellence Technician Certifications $25.00/$50.00
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
The maximum incentive pay for Equipment Maintenance personnel shall be $150.00 per
month.
Automotive Service Excellence Technician Certifications Incentive
(Only courses listed below will qualify towards ASE incentive)
A- 1 Engine Repair
A-2 Automatic Transmission/Transaxle
A-3 Manual Drive Train & Axles
A-4 Suspension & Steering
A-5 Brakes
A-6 Electrical/ Electronic Systems
A-7 Heating & Air Conditioning
A-8 Engine Performance
F- 1 Light Vehicle Compressed Natural Gas
H-2 Transit Bus: Diesel Engines
H-3 Transit Bus: Drive Train
H-4 Transit Bus: Brakes
H-5 Transit Bus: Suspension and Steering
H-6 Transit Bus: Electrical/Electronic Systems
H-7 Transit Bus: HVAC
P-1 Med/Hvy Truck Dealership Parts
P-2 Automobile Parts
P-3 Truck Aftermarket Brake Parts
P-4 General Motors Parts Consultant
P-9 Truck Aftermarket Suspension and Steering Parts
T- 1 Med/Hvy Truck: Gasoline Engines
T-2 Med/Hvy Truck: Diesel Engines
T-3 Med/Hvy Truck: Drive Train
T-4 Med/Hvy Truck: Brakes
T-5 Med/Hvy Truck: Suspension & Steering
T-6 Med/Hvy Truck: Electrical/ Electronic Systems
T-7 Med/Hvy Truck: Heating, Ventilation, & AJC
T-8 Med/Hvy Truck: Preventive Maintenance Inspection
33
TM
CITY OF LODI
COUNCIL COMMUNICATION
Exhibit D
AGENDA TITLE: Adopt Resolution Amending Memorandums of Understanding with
Maintenance and Operators and General Services Bargaining Units of the
Association of Lodi City Employees to Provide Additional Pay for State
RequiredCertificationsof DistributionOperators 1 and it (04)
MEETING DATE: July 18,2007
PREPARED BY: Deputy City Manager
RECOMMENDED Approve Resolution to amend Memorandums of
Understanding (MOU) with Maintenance and Operators
and General Services Bargaining units cf The
Association of Lodi City Employees (ALCE) to provide additional pay for State -required
certifications of Distribution Operators I and Il,
BACKGROUND INFORMATION: Various employees who work in the Public Works
Department Water and Wastewater operations are
required to have certifications as either a Distribution
Operators 1 or 11 level, These certificationsare required
by the State cf California in order that the City of Lodi meet Health and Safety standards. The
certification requirement was enacted several years ago, but the pay level for employees who
are required to obtain certifications was not adjusted at the same time as the requirementfor
certificationwas enacted.
The City of Lodi and members of the Maintenance and Operators and General Services
bargaining units have mat, conferred and tentatively agreed to amend the MOUS to allow for
additional compensation for employees for which the certification requirements apply.
The attached agreements with Lhese bargaining units indicate the terms of these tentative
agreements as follows:
• Base pay for the employees as indicated in attachments A and B who are required to
obtain a level one certificationwill be increased by 2%.
• Base pay for the employees as indicated in attachments A and B who are required to
obtain a leveltwo certificationwill be increased by 4%.
• Any employee in the General Services bargaining unit cf ALCE who is required to obtain
a level one certification but obtains a level two certificationwill receive an $ 00 incentive
pay.
• Any employee in tho General Services bargaining unit of ALCE who s requiredto obtain
a level one certification but obtains a level two certification will receive an additional$ 60
per month in incentive pay.
APPROVED: !"->-
Blair i/irk , City Manager
conn 1, !+h 17.1
V S.knn7'i! /1fr
• Any employee in the Maintenance and Operators bargaining unit cE ALCE who is required
to obtain a level one certification but obtains a level two certification will receive arid
additional2% incentive pay.
• If was tentatively agreed that this would be implemented retroactivelyto July 1,2006.
FISCAL IMPACT:
FUNDING AVAILABLE:
The additional annual expenditurefor both of the amendments to the
MOUS totals approximately$50,000 per year.
The additional costs for certification pay ref preparing and mailing the
supplemental assessment will be borne by the Finance and City
Attorney's bud
es R. Krueger, Deputy City Manager
Attachment: Attachment A- Amendment to General Services MOU
Attachment 0- Amendment to Maintenance& OperatorsMOU
360/Zo0f�
XV2 8L :VL 60n/LL/L0
RESOLUTION NO. 2007-134
A RESOLUTION OF THE LODI CITY COUNCILAPPROVING
AMENDMENT TO MEMORANDUMS OF UNDERSTANDING
WITH THE MAINTENANCEAND OPERATORSAND GENERAL
SERVICES BARGAINING UNITS OF THE ASSOCIATIONOF
LODI CITY EMPLOYEESTOPROVIDEADDITIONAL PAY FOR
STATE REQUIREDCERTIFICATIONSOF DISTRIBUTION
OPERATORS IAND (l
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve an amendmentto the Memorandumsof Understanding with the Maintenance and
Operators and General Services bargaining units of the Association of Lodi City
Employees to provide additional pay for State required certifications cf Distribution
Operators I and'', as shown on ExhibitsA and B as attached hereto; and
BE IT FURTHER RESOLVED that the amendment to the Memorandums of
Understanding shall beeffectivefor the period July 1,2006 through June 30,2008.
Dated: July 18,2007
herebycertify that Resolution No. 2007-134 was passed and adopted by the City
Council of the City ofLodi in a regular meeting held July 18,2007, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Katzakian, Mounce, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS—Hitchcock
ABSTAIN: COUNCIL MEMBERS— None
2007-134
900/P.00 II
OHL
City Clerk
YIN 8 DL 6OOZI)I/)O
Sideletter to the Current Maintenance& Operators MOU between the City of L' air i anti
AFSCME Council 57, Local 146, AFL-CIO and its ALCE Chapter
Whereas, the City received a letter from the Smite of Californiadated April 2002 mandating that
employeeswho perform certainwater system related tasks obtain Distribution Operatorl or
Distribution Operator ll certification Some of these employees are in t h e AFSCME Bargaining
unit (Ivlaintenance & Operators).
Whereas, AFSCME Council 57, Local 146, AFL -CEO ALCE Chapter and the Citi of Lodi have
resolved the this issue amicably.
Now, Therefore, be it resolved that AFSCME and the City o fLodi agree to the fo11a. irg
adjustment to base pay (PERS reportable), retroactivetn July 1,2006 upon approval of the
AFSCME membership and the City of Lodi:
Employees in the followingclnssifi.cations assigned to the water services(WatertWastewater)
division of the Public Works Department shall receive supplementalcertificationpay as listed
below forthe required certifications:
City of Lodi Public
Works Department Job Title
Distribution Operator Certification Pay
Certification Grade Added to Base Pay
Required
.Water(Wastewater Supervisor D2 4%
Senior Plant $ Equipment D2 4%
Mechanic
Plant & Equipment Mechanic D2 4%
Waforrl"4'itaieiwat�r Maintenance Di 2%
Worker In
Maintenance Worker Iz Di 2%
Maintenance Worker I DI 2%
Laboratory Services Supervisor D1 o r TI * 2%
Environmental Compliance Inspector D1 or Tr 2%
*Per regulatia i may posses either a treatment operator certificate or a distribution operator
certificate.
Any currentW%WW MW 1 employeesrequiredto obtainthe D 1 certificationval continue to be
employed in his/her current classification. Oncehe/s1 a obtains the . certification his/her
salarywill be adjusted upon verification.
10Q
or() /CAA WI
Y.r -1 Pl 't+i Rnn7/i l li i
Any employee, who obtains acertification higher that required, shall have hisfher pay adjusted In
accordancewith Article rV - Education Incentive o fthe MOU except as follows:
* Personnel listed abovewho are required to obtain a Dot (QrT1* certificate),who obtain a D2
(gr T2*) certificate shall receive an additional incentive of 2% (instead of$40 as stated in
Article 4, 1).
The City will pay for the training to obtain the certificatefor current and future employees per
Article4.2 of the MOU .
Verification for currant and future employees can be by letter from the State verifying obtainingthe
required certificate ar a copy of the certificateupon presentation to the City ofLodL The increaseto
the base pay shall commence on the day the certificate or letter is presented to the City.
The City will modify the respective job descriptionsto reflect the new requirementsfor the above
j o'h titles within 60 days t o ensure that all new hire employees are aware of the requirements.
By their signature below, AFSCME and the city agree that the resolution contained herein resolves
this issue.
AGREED TO BYAFSCME,
COUNCII, 57
Felix Mario Huerta Jr.,
Mark Ruggiero, Chapter President
goo/soo I
101
AGREED TO BY THE
CITY OF LODI
James R. Krueger, Deputy, City Manager
Richard Prima, Public Works Director
X 8L:171. sooa/Li*/to
Side letter to the Current General Servleca MOU between the City of Lodi and AFSCME
Council 57, Local 146,AFL-CCO and its ALCE Chapter
Whereas, the City received a letter from the State of California dated April 2002 na it g that
employees who perform certain water system related tasks obtain Distribution Operator! or
DistributionOperatorll certification. Some ofthese employees are in the AFSCME Bargaining unit
(General Services),
Whereas, APSCME Council 57, Local 146,A.FL-CI0 ALCE Chaptersnd the City of Lodi have
resolved the this issue amicably.
Now, Therefore, be it resolved that AFSCME and the City of Lcdi agree to the following
adjustmentto base pay (PERS reportable), retroactive to July 1,2006 upon approval ofthe
AFSCME membership and the City of Lodi:
Employees in the followingclassificationsassignedto the Public Works Department shall receive
supplemental certification pay as Iistal below for the required certifications:
City of Lodi Public
Works Department Job Title
Distribution Operator
Certification Grade
Required
Certification Pay
Added to Base Pay .
Public Works InspectorIl, D1 2%
Public Works Inspector I D1 2%
SeniorEngineering Technician" D2 and Ti 4%
* Applies to one incumbent in this classification(Kevin Gaither) who currently has these
certifications, but are not required forthis classification.
Any cu rent employees required to cbtain the DI certificationwi 11 continueto Le employed in
his/her current classification, Once he/she obtains the required certificationh is/her salary will be
adjusted upon verification, _ --
The City will continueto pay for the training to obtain the certificate for current and future
employees.
Verification fbr =eat and future employees can be by lath from the State verifyin obt,araing the
required certificateor a copy ofthe certificate upon presentationto the Cily ofLodl,'the mc aseIo
the base pay shall commence on the day the Certificate ec letter is presented to the City.
The City will nrxlifythe respectivejob descriptions to reflect the new requirements forthe above
job titles within 60 days to ensure that all new hire employees are aware of the requiraments.
By their signature below, AFSCME and the city agree that the resolution contained herein resolves
this issue.
AGREED TOBY AFSCME,
COUNCIL 57
Felix Mario Huerta Jr.,
Ninlc Ruggiero, Chapter President
90
nnnJtnnE'U]
AGREED TO BY THE
CITY OT' LODI,
James R ltteger, Deputy, City Manager
Richard Prima, Public Works Director
4�'a RL :ht Roozi)iJ)o
MOU — CITY OF LODI AND AFSCME MAIN I E,NANCE AND OPERATORS UNIT
2012-2013
A.F.S.C.M.E. COUNCIL 57 CITY OF LODI
LOCAL 146 -AFL-CIO A MUNICIPAL CORPORATION
Nancy Vinson Konradt Bartlam
Chief Negotiator City Manager
Date: Date:
Sherry Moroz Dean Gualco
President Human Resources Manager
Date: Date:
Linda Tremble
Vice President
Date:
Attest:
Donnie Sanford Randi Johl
Vice President City Clerk
Date:
Terri Lovell
Secretary
Date:
Dan Tarnasky
MO Representative
Date:
Brian Longpre
MO Representative
Date:
34
APPROVED AS TO FORM:
D. Stephen Schwabauer
City Attorney
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Kari Chadwick
GS Representative
Date:
Chris Boyer
GS Representative
Date:
Sandy Smith
Treasurer
Date:
35