Loading...
HomeMy WebLinkAboutAgenda Report - July 20, 2016 I-02CITY OF LODI COUNCIL COMMUNICATION TM AGENDA ITEM 16-ft2 AGENDA TITLE: Adopt Resolution Adjusting the Salary Range for the Positions of Electric Line Apprentice I/II and Approving a Side -Letter Agreement with Local 1245 International Brotherhood of Electrical Workers Regarding a Recovery of Training Investment Agreement MEETING DATE: July 20, 2016 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolution adjusting the salary range for the positions of Electric Line Apprentice I/II and approving a Side -Letter Agreement with Local 1245 International Brotherhood of Electrical Workers regarding a Recovery of Training Investment Agreement. BACKGROUND INFORMATION: The Lodi Electric Utility Department (LEU) has experienced challenges recruiting qualified applicants for the journey level Electric Lineman/Linewoman position over the last several years. Recruiting and hiring candidates at the Apprentice level provides LEU with another recruiting option for an entry level or promotional opportunity. The LEU has authorization to fill two Electric Line Apprentice positions in its Fiscal Year 2016/17 budget. The Memorandum of Understanding (MOU) between the City and Local 1245 International Brotherhood of Electrical Workers (IBEW), January 1, 2015 through December 31, 2017, contains a provision for the training of Electric Line Apprentices through a separate agreement between the City and California — Nevada Joint Apprenticeship Training Committee (JATC). The apprentice program will take approximately 42 months to complete, which consists of on-the-job learning, Saturday classes and a week-long concentrated training each year. Upon successful completion of the apprentice program and passage of a journeyman examination administered by IBEW, the Apprentice will be promoted to Journeyman Lineman. Over the course of the Apprentice Training program, the City will invest approximately $12,250 in training fees. The training fee is in addition to salary, benefits, reasonable travel costs, and other fees associated with the Apprentices' employment. Currently, there is no recourse for the City to recuperate any of the training fees invested in the Apprentice in the event he/she decides to voluntarily separate employment after completion of the training program. Representatives from the City and IBEW have met and conferred in good faith and wish to engage in a Side -Letter Agreement that would allow the City to recoup the training costs, on a pro -rated basis, if the employee voluntarily separates from the City within 42 months following completion of the training program. The proposed cost recovery time period is the same as the apprentice program. For each full month that the employee works, after completion of the training program, the amount of the reimbursement to the City is reduced by 1/42. As defined in Section 4.2 of the IBEW MOU, the Electric Line Apprentice I/II salary is comprised of seven steps which allow Apprentices to advance their salary, at regular intervals, as they develop their APPROVED: knowledge, skills, and abilities. There are five salary steps at the Apprentice I level and two salary steps at the Apprentice II level. It is industry standard for the Apprentice's salary, upon completion of the apprentice program, to be approximately 80 percent to 90 percent of journey level Electric Lineman/Linewoman salary. During contract negotiations with IBEW, in 2014, the salary for the journey level Electric Lineman/Linewoman was amended; however, the salary for the Apprentice I/11 was not adjusted accordingly. Staff recommends the Electric Line Apprentice I/II salary be adjusted by approximately 15 percent so that it will be approximately 85 percent of the journey level Electric Lineman/Linewoman salary. After discussions with and concurrence from IBEW, staff recommends the salary range for Electric Line Apprentice I be $67,236.64 to $81,726.56 and the salary range for the Electric Line Apprentice II be $89,899.22 to $94,394.18. Staff recommends Council approve the proposed salary ranges for Electric Line Apprentice I/II and approve the Side -Letter Agreement with IBEW establishing a Recovery of Training Investment Agreement. FISCAL IMPACT: FUNDING AVAILABLE: The estimated annual increase in the salary schedule is approximately $12,000 at top step of the salary schedule. Funding has been allocated in the FY 2016/17 budget. diadek,t, Adele Post, Human Resources Manager A- -A/----- Jordan -----Jordan Ayers, Deputy City Mana 'er/Internal Services Director Side Letter Agreement Amending the Memorandums of Understanding Between the City of Lodi and Local 1245 International Brotherhood of Electrical Workers January 1, 2015 — December 31, 2017 This Side Letter Agreement is entered into between the City of Lodi, a municipal corporation ("City"), and Local 1245 International Brotherhood of Electrical Workers ("IBEW"). City and IBEW have met and conferred in good faith and mutually agree to the following: RECITALS WHEREAS, the Memorandum of Understanding between IBEW and the City has a term of January 1, 2015 through December 31, 2017 (MOU), and WHEREAS, the IBEW MOU provides for an Electric Line Apprentice program that is detailed in Section 4.3 of the MOU; and WHEREAS, the City desires to limit the risk of investing substantial sums in the Employee's training and potentially losing the value of that training if the Employee terminates employment after receiving such training; and WHEREAS, the City and IBEW mutually agree to amend Section 4.3 of the IBEW MOU to include a Recovery of Training Investment Agreement that sets forth the Employee's obligation to reimburse the City for the City's investment in the Employee's training in the event the Employee voluntarily terminates from the City prior to the successful completion of forty- two (42) months of service following the completion of the Electric Line Apprentice program as follows: Article IV - SALARY 4.3 Lodi has entered into a separate agreement with the California — Nevada Joint Apprenticeship Training Committee ("JATC") to provide training for Electric Line Apprentices. The Electric Line Apprentice program is intended to be a program of seven steps. An Electric Line Apprentice I or II will be eligible for consideration for a merit increase upon completion of 13 pay periods in a step, provided available workload provides appropriate experience and provided further that the Electric Line Apprentice I or II is making normal progress in training and testing. The Electric Line Apprentice I or II will advance from step to step, when the Electric Utility Director or his/her designee determines that the Electric Line Apprentice I or II has achieved the qualifications necessary for such advancement and approvals are received pursuant to Lodi policies and procedures. An Electric Line Apprentice I or II will be paid when working or training on-the- job in the field. An Electric Line Apprentice I or II will be entitled to straight time pay for up to 40 hours per week and for reasonable expenses in accordance with Lodi policies and procedures, subject to approval, while training one week per year at JATC's facility. An Electric Line Apprentice I or II will not be entitled to pay or expenses for weekend training at JATC facilities. Apprenticeship classroom training by Lodi personnel or at Lodi facilities will be on paid time if during normal work -hours or unpaid if outside normal work -hours. Study will normally be outside of work hours, and without pay, but the Electric Utility Director or his/her designee may permit limited apprenticeship study during paid work -hours, workload permitting, typically during inclement weather. Electric Line Apprentices I or II are on probation at all times while they are classified as Electric Line Apprentices I or II. Employees entering into the Electric Line Apprentice program will be obligated to reimburse the City for the training cost in the event the Employee voluntarily terminates from the City prior to the successful completion of forty-two (42) months of service following completion of the Training Program. Employees will enter into a Recovery of Training Investment Agreement (Attachment A) and will be obligated to reimburse the City for one -hundred percent (100%) of the total training cost, subject to abatement when specified service requirements are met, as set forth in the Proration Table (Attachment B). The training reimbursement provides that repayment of any obligation incurred under the Agreement shall be made in twelve (12) equal monthly installments, due on the first of each month, immediately following Employee's voluntary termination. All other provisions of the MOU remain in full force and effect. CITY OF LODI, IBEW LOCAL 1245 a municipal corporation STEPHEN SCHWABAUER Date CHARLEY SOUDERS Date City Manager Business Representative ADELE POST Date Human Resources Manager ATTEST: JENNIFER M. FERRAIOLO Date City Clerk APPROVED AS TO FORM: JOHN P. FUKASAWA Deputy City Attorney Date ATTACHMENT A RECOVERY OF TRAINING INVESTMENT AGREEMENT This Agreement is entered into between ("EMPLOYEE") and the CITY OF LODI, a municipal corporation (the "CITY"), as authorized by the Memorandum of Understanding between the CITY and International Brotherhood of Electrical Workers ("IBEW") Local 1245. RECITALS The purpose of this Agreement is to limit the CITY's risk of investing substantial sums in the EMPLOYEE's training and potentially losing the value of that training if the EMPLOYEE terminates employment after receiving such training. On or about CITY extended to EMPLOYEE a conditional offer of employment in the position of Electric Line Apprentice, subject to EMPLOYEE's agreement to complete the IBEW Electric Line Apprentice training program ("Training Program"). The Training Program requires Electrical Line Apprentices to complete 7,000 hours of on-the-job training and classwork. The classwork consists of no less than ten (10) Saturday classes and one (1) week-long training per academic school year. The cost of the Training Program is established by the California — Nevada Joint Apprenticeship Training Committee "JATC" and is subject to increase from time to time. The training cost, as of June 1, 2016, is $12,250. This agreement sets forth the EMPLOYEE's obligation to reimburse the CITY for the CITY's investment in the EMPLOYEE's training in the event EMPLOYEE voluntarily terminates from the CITY prior to the completion of forty-two (42) months of service following successful completion of the Training Program, by providing that the CITY may require reimbursement from EMPLOYEE of one hundred percent (100%) of the total training cost for Electric Line Apprentice position, subject to abatement when specified service requirements are met, as set forth in the attached proration table. THEREFORE, the Parties agree to the terms set forth below: By signing this agreement, the EMPLOYEE understands that s/he is bound by and agrees to the following terms: 1. (hereafter "EMPLOYEE") agrees that in training EMPLOYEE for the position of Electric Line Apprentice, the CITY OF LODI (hereafter " CITY") incurs a training cost of $ . EMPLOYEE acknowledges that the training cost set forth herein is a reasonable estimate of CITY's training costs. 2. EMPLOYEE acknowledges that his/her participation in the Training Program is entirely voluntary and that such training can be obtained from other sources. 3. EMPLOYEE acknowledges that the amounts recoverable under this agreement do not include EMPLOYEE wage or benefit costs. 4. EMPLOYEE agrees that in the event he/she voluntarily terminates or abandons his/her employment with the CITY prior to the completion of forty-two (42) months of service following the successful completion of his/her apprenticeship, he/she will repay the CITY for the cost of training noted above, prorated to reflect the months of service the EMPLOYEE has completed following the successful completion of their training. EMPLOYEE agrees that for the purpose of Page 1 of 2 this Agreement, "time of service" shall begin on the date following the successful completion of the Training Program. 5. EMPLOYEE agrees that the aggregate amount of repayment due will be determined based upon the attached proration table. 6. EMPLOYEE agrees that repayment of any obligation incurred under this Agreement shall be made in twelve (12) equal monthly installments, due on the first of each month, immediately following EMPLOYEE's termination. 7. If EMPLOYEE fails to make timely payments for the amounts due, EMPLOYEE will be deemed in default on this Agreement, the entire aggregate amount owed will become immediately due, and the CITY may initiate legal proceedings to collect said amounts. EMPLOYEE will be responsible for all reasonable collection costs and attorney fees incurred by the CITY in undertaking such proceedings. The CITY may elect to forbear taking such action to allow EMPLOYEE the opportunity to become current on the debt. Such forbearance will not alter the EMPLOYEE's default status or adversely affecting the CITY's right to later initiate proceedings for recovery pursuant to this Agreement. 8. This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. 9. This Agreement represents the entire understanding of CITY and EMPLOYEE as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing and signed by CITY and EMPLOYEE. 10. This Agreement is not an offer or guarantee of employment with the CITY. 11. IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Agreement as of the date first listed below. Dated: Dated: EMPLOYEE Name: Title CITY OF LODI, a municipal corporation ELIZABETH A. KIRKLEY Electric Utility Director Original filed in EMPLOYEE's Personnel File Page 2 of 2 Name: Hire Date: Apprenticeship completed: Recovery of Training Investment Agreement Proration Table Beginning Date of Recovery Period Months worked Monthly reduction Training Fee $ 12,250.00 1 $ 291.67 $ 11,958.33 2 $ 291.67 $ 11,666.66 3 $ 291.67 $ 11,374.99 4 $ 291.67 $ 11,083.32 5 $ 291.67 $ 10,791.65 6 $ 291.67 $ 10,499.98 7 $ 291.67 $ 10,208.31 8 $ 291.67 $ 9,916.64 9 $ 291.67 $ 9,624.97 10 $ 291.67 $ 9,333.30 11 $ 291.67 $ 9,041.63 12 $ 291.67 $ 8,749.96 13 $ 291.67 $ 8,458.29 14 $ 291.67 $ 8,166.62 15 $ 291.67 $ 7,874.95 16 $ 291.67 $ 7,583.28 17 $ 291.67 $ 7,291.61 18 $ 291.67 $ 6,999.94 19 $ 291.67 $ 6,708.27 20 $ 291.67 $ 6,416.60 21 $ 291.67 $ _ 6,124.93 22 $ 291.67 $ 5,833.26 23 $ 291.67 $ 5,541.59 24 $ 291.67 $ 5,249.92 25 $ 291.67 $ 4,958.25 26 $ 291.67 $ 4,666.58 27 $ 291.67 $ 4,374.91 28 $ 291.67 $ 4,083.24 29 $ 291.67$ 3,791.57 30 $ 291.67._ $ 3,499.90 31 $ 291.67 $ 3,208.23 32 $ 291.67 $ 2,916.56 33 $ 291.67 $ 2,624.89 34 $ 291.67 $ 2,333.22 35 $ 291.67 $ 2,041.55 36 $ 291.67 $ 1,749.88 37 $ 291.67 $ 1,458.21 38 $ 291.67 $ 1,166.54 39 $ 291.67 $ 874.87 40 $ 291.67 $ 583.20 41 $ 291.67 $ 291.53 42 $ 291.53 $ 0.00 Note: Training fee is subject to change based on JATC rate change ATTACHMENT B Signature of Apprentice RESOLUTION NO. 2016-146 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING A SIDE -LETTER AGREEMENT WITH LOCAL 1245 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS TO IMPLEMENT A RECOVERY OF TRAINING INVESTMENT AGREEMENT AND APPROVING ADJUSTMENTS TO THE SALARY RANGES FOR THE POSITIONS OF ELECTRIC LINE APPRENTICE I AND II WHEREAS, the Memorandum of Understanding (MOU) between the City and Local 1245 International Brotherhood of Electrical Workers (IBEW) has a term of January 1, 2015 through December 31, 2017; and WHEREAS, the IBEW MOU provides for an Electric Line Apprentice program; and WHEREAS, the City desires to limit the risk of investing substantial sums in the Employee's training and potentially losing the value of that training if the Employee terminates employment after receiving such training; and WHEREAS, the City and IBEW mutually agree to amend Section 4.3 of the IBEW MOU to include a Recovery of Training Investment Agreement that sets forth the Employee's obligation to reimburse the City for the City's investment in the Employee's training in the event the Employee voluntarily terminates from the City prior to successful completion of forty-two (42) months of service following completion of the Electric Line Apprentice program. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve a Side -Letter Agreement with Local 1245 International Brotherhood of Electrical Workers to implement a Recovery of Training Investment Agreement for Electric Line Apprentices; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve the adjustments to the salary ranges for the positions of Electric Line Apprentice I and 11 and shall be as follows: Step 1 $67,236.64 ELECTRIC LINE APPRENTICE I Step 2 Step 3 Step 4 $70,598.48 $74,128.40 $77,834.82 ELECTRIC LINE APPRENTICE II Step 6 Step 7 $89,899.22 $94,394.18 Dated: July 20, 2016 Step 5 $81,726.56 I hereby certify that Resolution No. 2016-146 was passed and adopted by the Lodi City Council in a regular meeting held July 20, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None \I\ ?rotAhuareo NIFER FERRAIOLO City Clerk 2016-146