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Home My WebLink AboutResolutions - No. 2018-185RESOLUTION NO. 2018-185 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING W¡TH THE INTERNATIONAL BROTHERHOOD OF ELECTR¡CAL WORKERS EFFECTIVE JANUARY 1,2018 THROUGH DECEMBER 31, 2018 WHEREAS, representatives from the City and the lnternational Brotherhood of Electrical Workers, Local 1245 (IBEW) have bargained in good faith and reached an agreement on a successor MOU; and WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with IBEW to include the following: o Term: January 1,2018 to December 31 ,2018; . lncrease City contribution to medical premiums effective January 1, 2018; . Amend the Flexible 125 plan to provide for carryover of contributions; . Add a special bank of 40 hours of non-cashable leave to be used by June 30,2019; and r Eliminate the requirement of a Class A driver's license for some job classifications. NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and IBEW, effective January 1, 2018 through December 31, 2018. Date: September 19,2018 ======================================================================== I hereby certify that Resolution No. 2018-185 was passed and adopted by the Lodi City Council in a regular meeting held September 19, 2018, by the following vote: AyES: COUNCIL MEMBERS - Chandler, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Johnson ABSTAIN: COUNCIL MEMBERS - None IF 201 8-1 85 ity Clerk oLo MEMORANDUM OF T]NDERSTAI\DING BETWEEN CITY OF LODI AI\D LOCAL1245 INTERNATIONAL BROTHERIIOOD OF ELECTRICAL WORKERS ELECTRIC UTILITY UNIT January Lr20l8 to December 31,2018 Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Table of Contents CIIAPTER 1. SALARIES AI\D OTHER COMPENSATION compensation for Illness or Injury Incurred in course of employment. Court Appearances/Jury DutY. ' Overtime Salary .i............. Standby Duty .......... Temporary Upgrade Tools and Uniforms Tuition Reimbursement .....'..'... CHAPTER 2. LEAVES Catastrophic Leave Bereavement Leave.... Holidays Leave of Absence .1 1 .4 .6 .8 t3 13 13 l3 13 ..........................8 ..........................9 l0Article tX Article X Article XI Article XII Article XIII Article XIV .......10 ....... I 1 Sick Leave Vacation CHAPTER 3. INST'RANCE AND RETIREMENT Chiropractic Coverage ...... Deferred Compensation ............. Dental Insurance Life Insurance .............. Long Term Disability Medical Insurance..... Retirement... Sick Leave Conversion ...... Vision Insurance CHAPTER 4. SAFETY 1l 12 t2 Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII ,,,|4 15 16 t7 Article XXIV SafetY....1 8 Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX CHAPTER 5. WORK HOURS. SCHEDULES. MEALS Hours .20 Inclement Weather........... Meals........ .21 .21 Trouble Truck '..,.....,.22 Electric Distribution Operator Relief Procedure Single Shift Plan...........24 Electric Distribution Operator Procedure ,{ CHAPTER 6. ASSOCIATION/CITY ISSUES Changes in Memorandum of Understanding .26 City Rights .26 Article XXXI Article XXXII Article XXXIil Article XXXIV Article XXXXV Article XXXVI Article XXXVII Article XXXVIII Article XXXX Article XL Article XLI Article XLII Article XLIII Article XLIV Demotion and layoff . Drug and Alcohol Policy Employee Representation ............. Grievance Procedure......, Disciplinary Proceedings Mutual Consent Clause....... No Strikes Policy Manual AttachmentA SalarySchedule........ ......27 .,,,..27 .,,,.,27 ,,.,'.....,.'34 ,,,,,,,.,,','37 ,..,,......,.37 .31 .38 Probationary Period .......38 Rest Period .....................38 Miscellaneous .............40 ..42 City of Lodi And International Brotherhood of Electrical Workers January l, 201 8 * December 3I, 2018 Chanter L. Salaries Other Comnensation Anrrcr,n I - Covrpnxs¡,rrox pon lr,r,Nnss on lx¡unv lNcunnnn IN Counsr or Empr,oYMENT l.l The Cþ and the IBEW 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/her employment, the City will pay full compensation to any represented employee who becomes eligible for benefits under Workers'Compensation laws for the period of 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 will also receive compensation from the City in such an amount that when added to the Workers' Compensation payment will equal his/her regular salary. The amount paid by the City will, after the period from the date of injury and date of eligibility, at the employee's discretion be charged to the employee's sick leave, vacation leave, or compensatory time off account. Such choice shall be made at the time the time cards are turned in and shall not be changed after being submiffed. The employee's regular deductions shall be made from the amount paid by the City. II - CoURT APPEARANCESÆURY 2.1 The IBEW concurs with the existing City policy which provides that no deduction shall be made from the salary of an employee while on jury duty. 2.2 If an employee covered by this agreement is required by subpoena to appear in court 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/her full pay while so doing with no loss oftime 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/her regular pay for the time spent in any appearcnce as required by this article. As a prerequisite for payment to ofÊduty employees, the Electric Utility Director or his/lrer designee must be notifred in writing of the off-duty appearance within seventy-two hours after the employee is subpoenaed or otherwise notified of the required court appearance. 2.3 Voluntary grand jury service such as that service in San Joaquin County is not covered by Jury Duty leave. Anucr,r III - Ovrnrrvrn 3.1 Overtime work is work performed by an employee at times other than those normally required for his/her employment and includes time worked as follows: f . in excess of forty hours in a work week, 2. in excess of nine hours in any work day, 3. time worked outside of regular hours of work on a work day, 4. time involved on non-work day, and 5. time worked on a holiday. Overtime, except as provided for in Article V, Section 5.1 shall be compensated as follows: Prearranged at the rate of one and one-half times the shaight time rate of pay. Prearranged work shall mean that the employee was notifred of the work prior to the end of the preceding regular workday. All other work shall be considered "non- prearranged" or "emergency" work. All other overtime at the rate of two times the straight time rate of pay. The time worked in excess of 12 consecutive hours and continuing until the employee is dismissed from such work shall be paid at the rate of two times the employee's shaight time rate of pay. Any time worked on a holiday will be paid at two times the employee's rate of pay. The City may change the hours of work as stated in 25.1 after consultation with the employees and the employee organrzation involved, provided however that no change or alteration of hours or schedules will be made for the sole purpose of avoiding the payment of overtime. CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _MOU 2018 2.4 Swing and Graveyard Shift employees called in for jury duty for a second consecutive day will be reassigned to the Day Shift, Monday through Friday for the remainder of the jury duty. 3.2 J.J Employees who are required to report for work on their non-work days, or holidays, shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than two hours. 3.4 Any employee reporting for prearanged work wholly outside of his/her regular hours on a regular work day shall be compensated at the overtime rate for actual time worked, but in no event shall he/she be paid for less than two hours. Any employee refusing to work on a holiday after having received forty-eight hours of such work scheduling, and having failed to secure a replacement with management approval, shall not be compensated for that holiday. 2 2 3.5 CITY oF LoDI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2OI8 3.6 Overtime shall be distributed as equally as possible among those employees in the same classification who voluntarily sign the biweekly overtime call-out list. The City reserves the right for emergency call-out work to frrst call employees on the list who meet a 2O-minute .oponr" time iequirement. The City retains the right to call any qualified Clty employee to fill in crews after the overtime list is exhausted. No employee shall be required to trade time for the purpose of avoiding payment of overtime. 3.7 Employees may exchange work days with other employees in the same classification provided: 1. both employees are agreeable to the exchange; and 2. neither employee work more than forty hours during the work week involved; and 3. tho exchange receives management authorization. 3.8 When, at the request of the supervisor in charge, an employee reports for preananged work: 1. On work days outside of his/her regular work hours he/she shall be paid overtime compensation for acfual work time in connection therewith, provided however, that if any such employee continues to work into or beyond his/her regular work hours he/she shall be paid overtime compensation only for actual work time up to his/her regular work hours. 2. On non-work days or on holidays heishe shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this section prearranged notice has been given by the end of his/her preceding work period on a work day. Subject to the following limitations, any employee eligible for overtime pay may choose to accept compensatory time off (CTO) in lieu of cash compensation for earned overtime. CTO will be granted at the applicable overtime rate for each hour of overtime eamed. 3.10 The maximum accumulation of CTO at any time shall be limited to 240 straight time hours, but will be reduced to 120 hours and paid at the current hourly rate of pay in the first full pay period in January of each year. The employee may request to reduce his/her accumulation to an amount below the mandatory reduction to I20 hours. In addition, an employee may request pay off of any portion of his/her compensation on the fîrst of April, July and October. 3.1I An employee shall decide whether earned overtime will be recorded as overtime, CTO, or an equivalent combination prior to submission of their next time card. Such decision shall be irrevocable subsequent to the submission of the time card. An employee's request to use accumulated CTO shall be granted at the sole discretion of the department supervisor with due consideration to both the wishes of the employee and the efficient conduct of City business. Two working days notice is required. However, if 3.9 J 3.12 CTry or. LoOI AND INTERNAUO¡¡EI BNOTHSRHOOP OT ELECTzuCAL WORKERS _ MOU 20 I 8 the supervisor feels the workload is such that shorter notice is acceptable, he/she may grant CTO accordingly. Anrrclr IV - S¡.r,nnv 4.1 There will be no cost of living adjustments for the duration of this MOU. All members of the bargaining unit will receive 40 hours of non-cashable personal leave. Leave hours must be used no later than June 30,2019, or the leave will be forfeited. 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 Apirentice 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-hourso workload permitting, typically during inclement weather. 4.2 4.3 Electric Line Apprentices I or II are on probation at all times while they are classified as Electric Line Apprentices I or II. Effective the beginning of the pay period which includes January 1,2015, the Rubber Glove premium was incorporated into base pay and there shall be no additional premium pay for Rubber Glove. The Rubber Glove premium shall become a job requirement of applicants 4 4.4 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 20 I 8 and incumbents currently receiving the premium, and as such, it will be incorporated into salary. Job descriptions will be updated to reflect this additional job requirement. 4.5 Those employees required to have a Class "A" commercial driver's license as part of their employment will be given $600.00 per year. a. Effective September l, 2018, the following job classifications will no longer required a Class ooA" commercial driver': Substation Technician Electric Troubleshooter Electric Foreman Metering/Substation Supervisor Troubleshooting Supervisor Construction/lVlaintenance Supervisor b The following employees, who are incumbents in the above listed job classifications, have agreed to voluntarily maintain their Class "4" commercial driver's license in accordance with City policy. As such, these employees will receive $600.00 per year for possession of a valid Class "4" commercial driver's license, paid in October of each year. Adrian Solis Ed Fitzpatrick Brian Henry Elton Lambom Danny Souza Richard Willett Miguel Ortiz Brent Sirkel Roy Dodgion JeffNorwood Ross Phillips Employees represented by the IBEW and hired after August l, 2008, in the classification of Groundworker, Utility Equipment Specialist, Electric Line Apprentice, or Electric Lineman/Linewoman, will be required to obtain a valid Class "A" commercial driver's license within one (1) year of their hire date (or as defined in their job description). Following the issuance of a Class "4" license employees will receive $600.00 per year (pro rata to date of issuance of license) for maintaining a Class "4" license and annually each year thereafter in accordance with City policy. Loss of a valid Class 'oA" commercial driver's license will result in loss of the stipend (pro-rated) until such time as the license is reinstated. c. 4.6 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. 5 Anrrcm V ANDBY DUTY CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 201 8 5.1 Employees assigned to standby duty for emergency calls shall receive straight time pay for each standby period as follows: Other Emplo]¡ees On work days 3 hours On non-work days 4 hours On observed holidays 8 hours December 24 (When Observed) 5 hours Electric Distribution Oþerators 3 hours 3 hours 6 hours 4 hours For call-outs related to paid standby duty, the employee will be compensated at the rate of one and one-half times the straight rate of pay, with a two-hour minimum for the first call, in addition to the appropriate standby pay (no ofßet). This applies to all types of standby assignments. However, when it becomes necessary for the employee on standby to become part of a crew, he/she will be compensated at the rate of two times the straight rate of pay for all hours worked as a member of such crew. For purposes of this provision, a crew shall be defined as three or more employees engaged in a common task. When it becomes necessary to dispatch a crew to accomplish the emergency work, every effort will be made to dispatch an entire crew so that the employee on standby duty can be released from that situation and be available to respond to additional calls. If the Electric Distribution Operator is unable to dispatch an entire crew and the standby employee is required to work as a member of the crew, the standby employee will be paid at the rate of two times the strâight time rate of pay, commencing at the time the last attempt was made to contact an employee from the call out list i.e. "once through the list." In the case where the above situæion is the frst call of the standby period, the employee on standby duty shall be paid no less than an amount equal to two hours at the time and one-half rate. In situations that require two employees to accomplish the emergency work, the employee on standby duty will be paid at the rate of one and one-half times the straight rate for all hours worked. In addition to the 'ostandby Duty Pay" (above) the employee on standby shall be paid at the rate of one & one half times the shaight time rate of pay for time worked on emergency calls. The first call-out will be paid at two hours minimum at the overtime rate. Subsequent calls will be paid for actual time worked at the overtime rate. The time worked in excess of 12 consecutive hours and continuing until the employee is dismissed from such work shall be paid at the rate of two times the employee's straight time rate of pay' STANDBY ELECTRIC SUPERVISOR: TROUBLESHOOTER OR TROIIBLESHOOTING The Standby Electric Troubleshooter or Troubleshooting Supervisor will be the swing-shift Elechic Troubleshooter, going offduty at 1800 hours. This duty will begin at the end of the first day worked on swing shift (1800 hours) and will continue to the day shift following the last day worked on the swing shift (0700 hours), for a period of 13 hours per day. Holiday 6 CIry or LOOI AND INTERNATIONAL BROTHEruTOOO OT.ELECTRICAL WORKERS -MOU 2018 5.2 standby shall be the24 hours starting at 0700 hours on the day of the holiday and continuing to 070ó hours on the day after the holiday. Troubleshooters may work a 9/80 schedule. The Standby Electric Distribution Operator and Electric Troubleshooter will be provided pagers operable by the answering service. Employees assigned to standby duty (example: the Trouble Truck) on an observed holiday shail receive eight hours straight time pay for that day in addition to the regular holiday pay. Time worked on an emergency call shall be paid at the rate of one and one half times the straight time rate of pay with a minimum of two hours (there will be no offset on standby pay), subsequent calls will be paid for actual time worked. If an employee assigned to standby duty is called for emergency work more than once in a twenty-four hour period from midnight to midnight, minimum overtime compensation shall be paid only for the first call outside of such employee's regular work hours on work days or at any time on his/trer non-work days; for subsequent calls overtime compensation shall be paid for his/trer actual work as herein provided. For the purpose of this section, concuffent ðalh or successive calls without a break in work time shall be considered as a single call. If by reason of a call an employee works less than two hours and into his/her regular work hours such call shall not be considered as a first call for the purpose of the minimum overtime compensation. 5.3 Anrrcr,n VI - TnwrponanY UPcn¡.or 6.1 The City of Lodi and the IBEW mutually agree that any Electric Utility Department employee temporarily assigned to a higher classification than their regular classification shall receive a I\Yo wage increase while in this status. Holever, in no event shall the upgrade pay per hour exceed the "E" step of the classification to which the employee is temporarily upgraded. This provision shall only apply when such time worked is more than four hours cumulative during an eight-hour period. 6.2 When, in accordance with Section 6.1 above, the Cþ requests members of a line crew to temporarily replace their foreman/forewoman and all members of the crew refuse to accept the assignment, the City reserves the right to send these crew members home without pay, if in the City's judgment, their safety or the satisfactory completion of their work depends upon supervision by a qualified individual assuming foreman/forewoman responsibilities. Normal crew work would resume when the Cþ deems that adequate supervision is available. 6.3 In the event a person is upgraded in a two-man crew situation the employee will receive a 5olo premium for all such time worked in excess of four hours during the normal work day' 6.4 All Electric Distribution Operator II's shall fill the Electric Dishibution Operator Relief position in a sequentially rotating manner to coincide with the regularly scheduled Monday through Thursday Electric Distribution Operator. 7 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL .WORKERS - MOU 201 8 Anrrcr,nVll - Toor,s¡.t'toUxrronnns 7.1 The Cþ and the IBEW mutually agree that the City will supply necessary tools and equipment for employees in accordance with the following procedure. Consistent with the needs of the employee as related to his/her job classification, and to aid the employee in the performance of ñisiher work in a safe and effrcient manner, the City will providè the following list of basic hand tools, work gloves and equipment: Skinning knife Work gloves Pliers, side cut Screwdrivero 10" Safety strap Utility bag SafetY glasses Ruler, 6'o wood Rubber boots Hammer, claw Rain gear Wrench, adjustable 12" Wrench, adjustable 8" or 10" Adjustable (pump) pliers 10" 7.2 7.3 In addition, effective with the first quarterly payment following Cþ Council approval of the MOU, the Cþ will provide a boot allowance of $500.00 per calendar year to all Electric Lineman/Lin"*o-un, Electric ForemanÆorewoman, Construction/Maintenance Supervisor, Electric Troubleshooter and Troubleshooting Supervisor. In addition, the City shall provide a boot allowance of $200.00 per calendar year for all other classifications. This amount to be paid quarterly as part ofa regular pay check. The above tools will be furnished in accordance with the following controls: . Each employee will be responsible for the care, preservation and proper use of tools and equþment issued to himlher. Tools and equipment lost or damaged through improper use will be replaced at the employee's expense. . All unsafe, broken or wom out tools will be replaced on an exchange basis' . The City will provide each employee with three pairs of gloves per fiscal year. The City shall provide uniforms and laundry service for all field employees that conform to regulatory standards. 7.4 AnrrcLnVIII - TurrroNRnIùrsuRsnlunxr B.l Tuition reimbursement will be provided in accordance with the Cþ's current Tuition Reimbursement PolicY. g.Z The City will pay all cost of license fees, physicals and training required for licenses and permits. 8 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _MOU 2OI8 9 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 20 I 8 Chanter 2. Leaves Anrrcr,r IX - C¿.usrnoPruc Lnlvn g.l Catastrophic leave will be provided in accordance with the Cþ's cument Catastrophic Leave Policy. AnrrclpX - Bnnn¡,wvrnxrl,n¡va 10.1 Regular employees shall be granted three (3) days of bereavement leave per incident to attãnd the funeral of a membèr 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, but not to exceed three working days' The immediate family shall be limited to an employee's: spouse grandparent-in-law grandchild stepchild half-brother parent parent-in-law son-in-law brother halÊsister grandparent child daughter-in-law sister foster parents 10.2 or a more distant relative who was a member of the employee's immediate household at the time of death. A permanent employee will be permitted to use sick leave, vacation leave, or compensatory time offto attend the funeral oi u p.rron the employee may be reasonably deemed to oíve respect, but not to exceed one daY. 10 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 20 I 8 Anrrcr,nXl - Hor,rn¡.Ys 11.1 Members of this unit will observe the following holidays: NewYear's Day Martin Luther King DaY Memorial Day Independence Day Labor Day *Thanksgiving Day *Day After Thanksgiving *Christmas January 1 3'd Monday in January 4th Monday in May July 4 lst Monday in September 4th Thursday in November Friday after the 4ú Thursday in Nov. December 25 lt.2 1 1.3 *Operations Division employees have until March 31't of the following calendar year in which to use the last threè fixed holidays (Thanksgiving Day, Day After Thanksgiving, and Christmas). If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls on Sunday, the succeeding Monday shall be observed. In addition, if Christmas falls on Wednesdáy, Thursday, or Friday, members shall have an additional one-half day off on December 24th. Should Christmas Day fall on Tuesday, December 24th shall be observed as a holiday. For those members in the Operations Division (Electric Distribution Operator I/II and Electric Distribution Operator Supervisor), overtime is paid for time worked on the above listed holidays. In addition, to the fixed holidays listed above, each employee will be granted five days of floating holiday leave (40 hours for employees working 5/8 schedule, 45 hours for employees working a9/80 schedule, and 50 hours for employees working a 4ll0 schedule) to be taken off at a time mutually agreed upon between the employee and the Department Head. Floating holiday leave shall be taken during the calendar year. Unused floating holiday will be forfeited at the end of each calendar year. Employees hired mid-year shall be credited with the remaining fixed holidays in the calendar yeai, plus one additional holiday for each seventy-five days remaining in the year. bmployees separating from service mid-year shall have the remaining fxed holidays in the caléndar year plus one additional holiday for each seventy-five calendar days remaining in the year deducted from their holiday leave balances. The Cþ agrees to make cash paymentatrate of two times the regular rate of pay for holiday work in addition to straight time holiday pay for any employee regularly scheduled to work a holiday. 11 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _MOU 2018 I2.I Leaves of Absence will be provided in accordance with the Cþ's current Leave of Absence Policy. AnrIcLr XIII - SIcr LB^q.vE 13.1 Full-time employees will accumulate sick leave with pay atthe rate of 3.70 hours per pay period. 13.2 Sick leave may be accumulated up to an unlimited amount. Anrrclr XIV - V¡.c¡.rrox l4.L Employees hired prior to January l, 1995 shall accrue vacation as follows: Hours Per Pay Period 0 through 5 years: 3.08 (10 days per year) 6 through 1 1 years: 4.62 (15 days per year) 12 through 14 years: 5.24 (17 days per year) 15 through 20 years: 6.16 (20 days per year) 21st year: 6.47 (21 daYs Per Year) Z}ndyear 6.78 (22 daYs Per Year) Z3rdyear: 7.09 (23 daYs Per Year) Z4thyear: 7.40 (24 daYs Per Year) Z5thyear & Over: 7.71 (25 days per year) Employees hired after January l, 1995 shall accrue vacation as follows: 0 through 5 years: 6 through 11 years: 12 through 14 years: 15 through 20 years: 3.08 4.62 5.24 6.16 Hours Per Pay Period (10 days per year) (15 days per year) (17 days per year) (20 days per year) 14.2 Vacations may be taken provided the following conditions are met: 1. there are no major scheduling problems in the judgment of the city; 2. a request is made at least forty-eight hours in advance; and 3. transportation to and from job site are the responsibilþ of the individual employee. t2 CITY oF LoDI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL IYORKERS - MOU 20 I 8 14.3 An employee who terminates employment for any reason during the first twelve months of employment shall be entitled to a payoff for vacation hours eamed. 14.4 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement unless authorized by the City Manager. 13 CITY OF LOPI ENO INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _ MOU 201 8 C pter Insurance and Retirementa Anrrcr,n XV - Cnrnopn¡.crrc Covpnlcn 15.1 Chiropractic services may be received by employees and dependents through a chiropractic insurance Plan. 15.2 The cþ shall pay the full costs of premiums for the employee and dependent(s) during the life ofthis agreement. 15.3 When any of such individuals changes their chiropractor or the chiropractor becomes a medical provider under the Cþ's mJdical plan, they shall utilize the medical plan's list of providers and shall be subject to the terms and limitations of said plan. Anrrcln XVI - DEFERRED CoMPENSATIoN 16.1 The Cþ agrees to match up to an employee's 3Vo contribution to the Defened Compensation Program. Anrrcl,n XVII - DnNr¡,INsunÆqcr 17.l Employees and their dependents are provided fully paid dental insurance. 17.2 Maximum benefits are $1,000.00 for each family member enrolled in the dental plan per calendar year. There is a $25.00 deductible plus co-insurance features' Anrrcln XVIII - Lm'P lNsunaxcB 1g.l A life insurance program providing for two times annual salary to a maximum of $250,000' Said benefits *iit re¿uce with agcaccording to the reduction schedule of the life insurance carrier. Coverage for dependenis will also be provided according to the schedule available from the carrier. This insurance is only applicable to active employees. lg.Z The City agrees to pay the employee's premiums for the above mentioned life insurance program. Anrrcm XIX - Loxc Tnnnn DrsmrlrrY 19.1 A long-term disability program which, coordinated with other disability benefits shall providã a benefrt of 66-2/3o/o to a maximum of $10,000.00 per month of the employee's t4 CITY oF LoDI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 20 I 8 basic monthly earning in the event of disabilþ. This program commences 120 days from the date of disability. Please refer to the City's Policy on Long Term Disability. 19.2 The maximum length of coverage is three (3) years from date of disability Anucr,r XX - Mnnrc¿¡,INsun¡ncn 20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan available in Lodi through CaIPERS and the parties shall meet and confer on a replacement plan offering such an equivalent level ofbenefits. 20.2 All employees are offered medical insurance for themselves and dependents through CaIPERS-Medical Plans. Effective January l, 2018, the City shall pay a monthly maximum of the following for each family category: 51,794.51per month for Family $1,380.39 per month for Employee *1 $690.20 per month for Employee only If an employee elects a higher cost plan, employee will pay the difference as a payroll deduction. If an employee waives medical insurance through the City of Lodi, an additional: $692.81 per month for family $532.g2 for employee * I dependent $305.22 for single will be added to either the employee's defered compensation account or cash. In order to qualiff for this provision, proof of group insurance must be provided to the City. 20.3 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 Cþ. 20.4 Only one family member may carry employee and dependent coverage of Cþ sponsored medical insurance. The City will reimburse the employee for co-insurance payments on a quarterly basis. t5 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL Vy'ORKERS -MOU 2OI8 Anrrclr XXI - Rnrrnrvrnxr 2l.I The City of Lodi provides retirement benefits through the Public Employees Retirement , System. Employees shall receive the following retirement benefits for employees deemed to be "classic" employees by PERS: Miscellaneous2o/o @ 55 Plan: 2r.2 2t.3 o 1957 Survivors Benefit o Third Level 1959 Survivors Benefit (Section $21573) o Improved Non-Industrial Disability Allowance (Section 521427). Benefits which provide under PERS a 30% benefrt after five years of service, increasing to a maximum 50% benefit. o Post-Retirement Survivor Allowance (Section 521624) . Credit for Unused Sick Leave (Section $20965) o Military Service Credit as Public Service (Section 521024) o Effective January I,2015, employee shall pay the full employee share of retirement costs as.calculated by PERS (7%) inits annual actuarial valuation. The City will pay all of the employer's contribution. Employees shall receive the following retirement benefits for employees deemed to be 'onew" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA): Miscellaneous2Yo @ 62 Plan., o L957 Survivors Benefit o Third Level 1959 Survivors Benefit (Section $21573) . Improved Non-Industrial Disability Allowance (Section ç21427). Benefits which provide under PERS a 30% benefit after five years of service, increasing to a maximum 50% benefrt. o Post-Retirement Survivor Allowance (Section 521624) o Credit for Unused Sick Leave (Section $20965) o Military Service Credit as Public Service (Section $21024) ¡ Effective January I,2015, employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation. The City will pay all of the employer's contribution. The City agrees, at the employee's request, to provide an exit meeting for employees who will be ietiring. This meeting will be scheduled after the employee provides a 30-day notice to Human Resources of the employee's intent to retire. The exit meeting will discuss health benefit options (COBRA), sick leave conversion (if applicable), information on obtaining CalpERS benefit estimates; service and disabilþ retirements, employee association options, and any other benefits the employee is entitled to. 1.6 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _MOU 2OI8 Anrrcr.nXXl[ - Srcrl,navs CoxvnRsroN 2Z.l For all unused sick leave, a represented employee with ten years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis: 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. For eachyear that an employee has been employed in excess of l0 years, 2ll2% will be added to the 50% for valuing the size of the bank. Robert Smith retires with 20 years service and 1800 hours of unused sick leave. His monthly salary is $3,882.72 (24.64 per hour). 1800 X .7 5 X 524.64 : 533,264.00 This amount will be reduced each month by the current premium for the employee and dependent until the balance is gone. In the event the retiree dies, the remaining bank will be reáuced by 50%and the survivor may use the bank until the balance is gone' 22.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion p.og.arn, the surviving dependents have an interest in one-half of the value of the bank as calcuiated in section 22.1. Inaccordance with the sick leave conversion provisions, a surviving spouse may, at his/her own expense, continue medical insurance at the employee onlY Premium. 223 A surviving spouse of an unvested employee may, at his/her own expense, continue to purchase mèOiiat insurance at the appropriate rate for a period of time equal to the time the employee worked for the Cþ. 22.5 Represented employees who retire on a service retirement shall have the option of puichasing, at thé employee's cost, additional medical insurance for the employee and his/her spouse sufficientto reach age65. 22.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specifred in Section22.l. 22.7 The City has modified its contract with PERS to add credit for unused sick leave per Government Code Section 20868.8. This benefit is available to all employees regardless of date hired; however, it is the only sick leave conversion beneftt available to employees hired after January 1, 1995. It is agreed that eight hours equals one day for purposes of determining days creditable. Employees who are eligible, may, for any of the options in this section, utilize one or any combination of options provided that the total amount of hours used does not exceed the amount of sick leave hours accumulated at the time of employee's retirement." I7 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 20 I 8 Anrrcln XXIII - VrsIox lxsuruNcr 23.1 The City agrees to provide a vision care plan, equivalent to the VSP Plan B, with a $25.00 deductible for the employee and dependents; the entire premium to be paid by City. Anrrcr,n XXIV- Fr,nxrnr,n Spnnnrxc AccouNr 24.1 The City will maintain a pre-tax "flexible spending accounf'to conform to IRS regulations to be used for premium contributions, dependent care and/or un-reimbursable medical payments for unit members. Effective in plan year 2018, the Medical Flexible Spending Account (FSA) will include a carryover provision which allows an active participant to automatically carryover up to $500 to the new plan year. However, amounts over $500 would be forfeited after the frnal filing date, if left unclaimed. t8 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _MOU 2OI8 Cha 4 Safe Anrrcr.n XXIV - S^rrBrY 24.1 The City reaffirms its desire and aim to provide a safe place of employment for its: '-- "n,ptoy"". and shall continue to take all reasonable steps to insure this, such steps to include but not be limited to: 24,2 24.3 24.4 24.5 24.6 1. conducting frequent inspections ofjob site operations; Z. taking necessary steps to protect againstjob hazards,both unsafe physical conditions' incluàing methods and processes, and unsafe actions of people; 3. continuing "tailgate" safety meetings on all jobs for the purpose of briefing employees on the hazards connected with the work to be performed, to plan work and to emphasize safety in the performance ofthe work; 4. continuing periodic safety meetings for the purpose of discussing matters related to safety and to provide an opportunity for first aid training' 5. continued management cooperation in the preparation of the agenda for such meetings. The IBEW will cooperate with the City in providing speakers and materials for safety meetings. The Electric Utility Department shall hold safety meetings for all employees at least once a quarter. Where it ís unreasonable to bring all employees together at one time, these meetings may Ue by sections. If because of shift work some personnel cannot participate even in ,..iion meetings, they shall be given copies of the minutes of appropriate meetings' Each employee shall be provided with on-the-job training first aid. This program shall include réfr esher train ing at 3 -y eat intervals. Semiannual safety inspections shall be made of facilities, tools, and work areas by a committee including at least three non-supervisory hourly employees appointed by the Electric Utility Supèrintendent after consultation with the IBEW. The committee shall be free to scheduie its own inspections but must report at each quarterly safety meeting. When necessary for the safety of the committee or to explain technical problems in safety, a supervisór may be narned to accompany the committee, but he/she is not to influence its findings. The City, through its supervisors, shall act promptly to correct any unsafe conditions that may be reported by the committee. 1,9 Cmy on Lool ¡¡¡p INrrn¡,¡erIoNAL BRoTHERHOOD on ELBCTRTCIL WORKERS -MOU 2018 The City agrees to provide safety glasses up to a maximum cost of $251'00 per pair as requirej. À maximum of two pair of safety glasses will be provided by the City during employment except as indicated in sections 24.9.2 and24.10 below. All prescription safety glasses shall be purchased or serviced within the City of Lodi. Emptoyees shall havè their choice of any local optometrist. The employee shall pay directly to the optometrist any fees for prescription examination or related extra charges. 24.7 24.8 24.g prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows: l. If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City. 2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for rePlacement. 3, If an employee requires a change of prescription for safety glasses, the employee must submii a written statement from the eye doctor stating that the prescription change is necessarY 3. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 24.10 The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employee's payroll check after adetermination of cost has been made by the City: 1. Where the city would be required to replace issued safety glasses due to abuse by the emploYee. 2. Failure on the part of an applicable employee to wear or utilize issued safety glasses unless otherwise agreed to in writing. 3. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service' 20 CITY oF LoDI AND INTERNATIoNAL BROTHERHooD oF ELECTRICAL lilonTeRs _ MOU 20 I 8 Chapter 5. \ilork llours. Schedules. Meals Anucln XXV- Houns 25.1 The City and the IBEW mutually agree that the regular hours of work for line crew personnel shall be 7:00 a.m. to 12:00 Noon, and 12:30 p.m. to 3:30 p.m., and the regular work days shall be Monday through Friday with Saturday and Sunday being non-work days. The lunch hour may be commenced at any time between the fourth and sixth work hour. 25.2 All eight hour work periods regularly scheduled to begin at 4 a.m. or thereafter but before 12 o'clock noon shall be designated as day shifts. All eight hour work periods regularly scheduled to begin at 12 o'clock noon or thereafter but before 8 p.m. shall be designated as swing shifts. All eight hour work periods regularly scheduled to begin at 8 p.m. or thereafter but before 4 a.m. shall be designated as graveyard shifts. 25.3 Alternate Work Schedule The following defines the terms and conditions of the alternate work schedule known as 9-80. The normal workday is 7:00 a.m. to 4:30 p.m. Monday through Thursday with one half hour for lunch break and 7:00 a.m. to 3:30 p.m. on a Friday workday with one half hour for lunch break. a a a a a The work week shall be defined to begin and end each Friday at I 1:00 a.m. The alternate work schedule (9-S0) shall begin and end at pay period breaks. The pay period is defined as the two week period beginning on a Monday at 0000 hours and ending on the Sunday 14 days later at 2400 hours. The employees participating in the alternate work schedule (9-80) will be placed in two groups. Group One will have the first Friday in the pay period off (payday). Group Two will have the second Friday in the pay period off. Employees will be assigned to a group based on the operational needs of the Electric Utility Department. Changes to assigned groups will be at the approval of the Electric Utility Director. It is agreed that the alternate work schedule will be terminated at any time (end of pay period) in the event it causes a reduced level ofservice to the general public, excessive overtime use, the inability to respond to the needs of the system or the customer or for any other reason not in the best interest of the operation of the Department. 2t CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _MOU 2018 o a The Electric Distribution Operators will not participate in the altemate work schedule. The alternate work schedule may be cancelled by either party effective at the end of a pay period, but in no event later than the end of the next full pay period following the cancellation request. During the waiting period every effort will be made to resolve the issue or issues that caused the cancellation request' Anrrcln XXVI - INcr,nvrnxr Wslrnnn 26.I The City will not require work on electric lines or outdoor substations (other than operating functions) in inclemint weather, except in cases of emergencies' When employees are prohibited from performing their regulár duties because of inclement weather, the City will provide work which can be performðd under protection from the weather. Emergencies shall be deemed situations requiiing work to prevent risk to life or property or to maintain or restore continuity of regular service to the public' Anrrct,n XXVII - MsÁ.Ls 27.1 When required to work overtime, employees will be granted a $25'00 meal allowance. One hour of pãy will be provided in instances where a meal is missed. When the Cþ requires an employee to perform non-preaffanged work _on a work day beginning n1oå tnun one hour prìor to the start of the normal work day, the City will provide ,uðh "1nptoyee with a *eui allowance. Such meal allowance shall be considered implemented t*o hours after reporting to work. The Cþ shall continue to provide meal allowances at four-hour intervals until the frrst such meal allowance falls within the normal work day, then only one subsequent meal allowance shall be allowed. The time taken to consume such meai shall be at the City's expense, except the second meal allowance during the work day (regular work mode). When the City requires an employee to perform non-preamanged work on a work day extending ttre normãt work day by two or more hours, the Cþ will provide such employee with a meal allowance at the two-hour point. The City shall continue to provide meal allowances at four-hour intervals until the employee is dismissed from work. The time taken to consume any such meal shall be at the City's expense' Z7.Z When the City requires an employee to perform non-preaffanged work on non-work days, the City will provide meal allowances at intervals of four hours. The first meal allowance shall be four ïours after the employee reports to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal allowance shall be two hours after reporting for work and at four-hour intervals thereafter. The time taken to consume any meal shall be at the City's expense' 22 CITY OF LODI AND INTERNATIONAL BROTHERI{OOD OF EI-BCTruCEI WORKERS _ MOU 201 8 273 When an employee is required to perform prearranged work on non-work days during regular *o.k hou.r, the emþloyee stratt observè the lunch arrangements which prevail on the normal work dajs.' If such wãrk continues after regular work hours, the City shall provide meal allowances in accordance with the provisions of section27.l. 27,4 If the city requires an employee to perform prearranged work starting two or more hours before regular^work hours ãn work days or non-work days and such employee continues to work into regular work hours, the empioyee shall provide for one meal on the job. The City shall provide meal allowances for othèr 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 tt o"for" unå the usual practice relating to lunch periods on work days shall prevail' The usual times, therefore, shall be 6:00 a'm' - 12:00 noon - 6:30 p'm' 27.5 If the city requires an employee to perform prearranged work starting two or more hours before regulaiwork hours on u *o.k day and such work is completed less than one hour prior to the beginning of the normal workday, the City shall provide a meal allowance' The iime taken to consume any such meal shall be at the Cþ's expense. 27.6 If the City requires an Electric Troubleshooter, Troubleshooting Supervisor or Electric Distribution Operator to work four or more consecutive hours during a standby period the City shall provide a meal allowance. The City shall provide meal allowance(s) to the Electric Troubleshooter or Troubleshooting Supervisor during the week of standby duty as follows: On aNormal Workdav l. The break between the completed work (call-out) and the beginning of the workday is less than one (1) hour. 2. The work (call-out) is continuous and extends the workday by more than two (2) hours. On St¿ndby An Electric Troubleshooter or Troubleshooting Supervisor in standby mode shall not receive compensation for the time taken to eat any meal, normal workday compensation excluded' 27.7 For the purpose of this section preananged work shall mean that the employee was notified of the wòrkprior to the end of the preceding work day' Anucln XXVIII - Tnounln Tnucr 28.1 SHIFT SCHEDULES 23 CrTy OF LODI AND INTERNATIoNAL BRoTHERHoOD oF ELECTRICAL WORKERS -MOU 2018 The service truck (trouble truck) will normally be staffed with an Electric Troubleshooter or a Troubleshooting Supervisor on a rotational shift basis. One of two shift schedules can be utilized based on ihe needs of the department (see attached schedules). Each schedule has an 'early shift'with working hours between 0700-1530 hours and a'late shift'with work hours shifted a maximum 2.5 hours to 0930-1800 hours. Both shifts have a one-half hour lunch period included. Schedule A runs Monday through Friday for all three shifts with the'late shift'being on standby duty outside the normal work hours. Schedule B runs Monday through Friday for two shifts and Tuesday through Saturday for the third shift with the late shift being on standby duty outside normal work hours. The work hours on Saturday can be shifted to 0700-1530 hours by mutual consent between all Electric Troubleshooters, Troubleshooting Supervisor, and the Electric Utility Director. 28.2 ELIGIBILITY To be eligible and to remain eligible for the position of Electric Troubleshooter Troubleshoıting Supervisor, the employee must be able to respond to the center of Lodi (Cþ Hall) within 20 minutes following receipt of a call for service' 28.3 SCHEDULED LEAVE Scheduled leave will only be authorized for one Electric Troubleshooter or Troubleshooting Supervisor at any one time, except for a hardship case. Scheduled leave is defined to begin and end at the beginning of the normal workday and be based on the dates shown on the Request for Leave form. 28.4 RELIEF If the Electric Troubleshooter or Troubleshooting Supervisor scheduled for late shift and/or standby duty is unable to report for work, the Electric Troubleshooter or Troubleshooting Supervisor scheduled to work the following 'late shift' shall cover the shift or parts thereof by shifting work hours to the'late shift' schedule. In the event the Electric Troubleshooter or Troubleshooting Supervisor "scheduled to work the following 'late shiff," as used in the above relief procedure, is unable to cover the shift or parts thereot the Electric Troubleshooter or Troubleshooting Supervisor scheduled to work the preceding 'late shiff shall cover the shift or parts thereof. If no Electric Troubleshooter or Troubleshooting Supervisor is available for any shift, the City shall offer the shift or parts thereof to Linemen/Linewomen that meet the eligibility requirements of 20 minutes response time and is at the E Step pay and in accordance with the established call-out procedure, i.e' least overtime first. Special Condition: B Schedule. Saturday tf tne Electric Troubleshooter or Troubleshooting Supervisor scheduled for work on Saturday is unable to report for work, work will not be performed. The Electric Troubleshooter or Troubleshooting Supervisor scheduled to work the following 'late shiff will have standby duty all Saturday. 24 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _MOU 2OI8 29.1 Srxcr,n-Snmr Pr,¡x Requests for leave, other than an emergency, shall be submitted for approval a minimum of nve 1s¡ working days prior to the frrst day of the requested leave. The shift of the operator on leave shall be filled as follows: A. FullShift(s) The Relief Operator will resume the operator's shift(s) on the operator's first "Regular Day Off' priór to the leave, and continue working the shift(s) until the last day of the operator's iequested leave, i.e. last day of shift(s). At this time, the Relief Operator will assume his/trer regular schedule. B. Less than a full shift. including Thursdays. (Overlap dayl l. The Relief Operator will shift hisiher hours to cover the leave Monday through WednesdaY Z. Thursday shift will be covered by the Electric Distribution Operator scheduled to work the following weekend. (Thursday through sunday) 3. If the regularly scheduled weekend Electric Distribution Operator is unable to report for work on Thursday or has taken scheduled leave, the shift shall bå covered by the Relief Operator regularly scheduled for that week. S/eekend leave (Friday, Saturday and Sunday) shall be covered by the "Regular Day Off' Utility Department Operations Division employee with the ieast amount of accumulated overtime in that pay year at the time of the request. If an employee declines to work the shift(s), it shall be counteå as a shift(s) worked for overtime record purposes. The assigned supervisor will keep a record of all overtime hours on a pay year basis' Wit"n the overtime totals are the same for the two employees to be called, it shall be "Last Worked, Last Called." Note: Regular scheduled work on a holiday shall not be considered as overtime for the purpose of computing accumulated overtime. 4. AnrrCr,B XXX - Er,nCtnrC DrSrmnUrlOn OpprulrOn PnOCnnUnB 30.1 phone calls on line 368-5735, under normal conditions, will be answered by an answering service during the time period 2215-0630 hours. The answering service will dispatch an Electric Troibleshooter or Troubleshooting Supervisor to the scene and he/she will 25 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ET-ECTNTCET WORKERS _MOU 2OI8 investigate the problem. If the Electric Troubleshooter determines that an Electric Distribution Operator is necessary, he/she will contact the answering service and request that the Standby Electric DistributionOperator be called. The Electric Troubleshooter will be in radio contact with the answering service at all times. In addition, the Elechic Troubleshooter will be provided apager which the answering service can operate. Once the Standby Electric Distribution Operator arrives at the Operations Center, he/she will contact the answering service and report "on-duty." At this point, all established operating procedures take edct, i.e. Electric Distribution Operator requests additiorral people, conducts switching, prepares service tickets, maintains system log, etc' The Electric Distribution Operator or Relief Operator will remain on duty until the system is back in a "nomal" status, before control again is tumed over to the answering service' The Electric Troubleshooter or Troubleshooting Supervisor will record "time called" and ',time back home" on all calls in the time period 2215-0630 hours. This information is to be given to Operations the following morning, for preparation of proper service tickets, etc' A no-power call dispatched by the answering service and investigated by the Electric Troubleshooter or Troubleshooting Supervisor, found to be an "SNP", will be tumed on by the Electric Troubleshooter or Tróublèshooting Supervisor. This action will be reported to the Finance Division the following work-day morning' Alarms will be grouped as electric, water, storm, intrusion and White Slough (2)' These alarms will go tã tfrå answering service. The answering service will call out appropriate personnel, bãsed on a call-out list provided by the respective departments' An intrusion alarm at ihe Operations Center shali be reported to the Police Department followed by the Standby Operator. In the event any of the alarms to the answering service, except the White Slough alarms, are out of order at 2215 hours, the swing-shift Electric Distribution Operator will remain on duty. The Electric Distribution Operator will likewise remain on duty until all trouble calls are completed, alarms cleared and the system is in a "nomal" status, before transferring control to the answering service unless otherwise directed by a supervisor. When transferring control to the Electric Distribution Operator or Relief Operator, the answering service will advise as to current stafus' 26 CITY OT LOOI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _ MOU 2018 Chapter6. Association/Citvlssues 31.1 31.2 Anucln XXXII - ClrY Rlcnrs 32.1 It is further understood and agreed between the parties that nothing contained in this MoU shall be construed to waive òr 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; tó determine the procedures and standards of selection for emPloYment; . to direct its emPloYees; . to maintain the efficiency of govemmental operations; . to determine the methods, means and personnel by which government operations are to be conducted; . to take all necessary actions to carry out its mission in emergencies; and . to exercise complete control and discretion and the technology of performing its work. The parties agree to reopen this Mou and to renew Meeting and conferring on the subjects set forth herein during th" t".. 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 employe., o. tirè City. In iuch event, all remaining provisions of the MOU would continue in full-force and effect unless and until they were also modified by statute, applicable regulation or order of court or agreement of the parties' In the event that a court of competent jurisdiction declares invalid or unenforceable any provision ofthis Mou, the remainìng provisions shall continue in full force and effect' Cþ rights also include the right to determine the procedures and standards of selection for p.o.oãon, to relieve emplofees from duty because of lack of work or other legitimate ,"^onr, to take disciplinary- action, and to determine the conhol of job classifications; providei, however, tttut ttt" exercise by the Cþ of the rights in this paragraph does not preclude'employees or their recognized employee organizations from filing grievances iegarding thË piactical consequences that decisions on such matters may have on wages' hours or terms and conditions of employment' 27 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 201 8 Anrrcr,r XXXIII - Dnvrorron A¡rn L¡.vorr 33.1 The Cþ and the IBEW mutually agree that when involuntary demotion and/or layoff is required, the following shall be observed: The City will give permanent employees involved as much notice as possible, but in no "u"ni*i[ìuch employeès be given less than one pay period notice of 'layoff. When probationary employees are to be laid oft no notice of layoff is required. t ayoff in all cases due to lack of work will be determined by an employee's tengtn of service. An employee whose job is being eliminated may elect to displace an employee who is in a lower classification within the IBEW bargaining unit, if the position is within their classification series, or the person has previıusly held thè classification, and if his/her total City length of service is greater than that of the employee in the lower classification. In the event that a jòumeyman/joumeywoman displaces an apprentice, he/she shall continue to be paid as a joumeyman/joumeywoman' AnrrclB XXXIV - Dnuc ANU Ar,coHor, Por,rcv 34.1 It is the mutual desire of both parties to have and maintain a drug and alcohol free work environment. Anrrcr,n XXXV - Evrpr,ovnn Rnpnnsnnr¡,rrox 35.1 This Memorandum of Understanding (hereinafter refened to as MOU) is entered into between representatives of the City of Lodi (hereinafter referred to as City) and representatives of the Intemational Brotherhood of Electrical Workers, Electric Utility Unit, Locall245 (hereinafter refened to as IBEW). The parties to this MOU acknowledge and agree that this MOU constitutes the result of Meeting and Conferring in good faith as contemplated by Section 3500 et seq. of the Govemment Code of ttt. Stut" of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. If the City intends to change u 1¡utt". within the scope of representation under the Meyers-Millias- Brown Act (lvqúne) which is not covered by this MOU, it shall notify the IBEW. If the IBEW wishes to negotiate over such a matter, it shall notify the City within ten (10) work days of notice, and the parties shall commence negotiations within ten work days of the IB-EWs notification. If the IBEW does not respond within ten work days of the City'?s notification, the City will have no further obligation to negotiate over the matter. 28 CITYoFLoDIANDINTERNATIONALBROTHERHOoDoFELECTRICALWORKERS-MoU2018 The terms and conditions of this Mou are applicable to those employees represented by IBEW. Those classifications are as follows: ConstructionlN4aintenance Supervisor Electric APParatus Mechanic Electric Distribution OPerator I Electric Distribution Operator II Electric Distribution Operator Supervisor Electric ForemanÆorewoman Electric Groundworker Electric Line APPrentice I Electric Line,APPrentice II Electric Lineman/Linewoman Electric Materials Technician Electric Troubleshooter Electrical Drafting Technician Electrical Engineering Technician Electrical Technician Electrician Lead Electrician Metering Technician Senior Electrical Engineering Technician Senior Electrical Technician Substation Technician Substation/lVf etering Supervisor Troubleshooting SuPervisor Utility EquiPment SPecialist 35.2 a a O a a a a a a o o a o a a a a a a a a O a a a The terms and conditions of this Mou are applicable to the above-enumerated classes which constitute the Unit represented by the IBEW' The city and the IBEW mutually agree that the city shall grant dues deduction to city employees who are members of the ignw, Local 1245, in accordance with the terms and conditions set forth in section 4, Rule 2 of city of Lodi Resolution No' 3344 entitled ,,Adopting Rules anJ Regulations to Implemenf Provisions of the Employee-Employer Relations Resolution." The IBEW shall indemniff, defend and hold the cþ harmles's against any claims made and against any suit in.tit"t"¿ against the çity on account of check-off of said employee organization's dues. In additiJn, the IBEW shall refund to the City any amounts paid to it in ,riot upon presentation of supporting evidence' For purposes of continued certification of Local |245,IBEW as the recognized employee organization ror trris unit, employees who are members or hereafter become members shall35.3 29 CITYoFLoDIANDINTERNATIoNALBRoTHERHOoDoFELECTRICALWoRKERS_MoU2018 35.4 35.5 35.6 I-INION SECURITY 1, INTRODUCTION maintain membership with Local 1245, IBEW for the life of this memorandum except that any employee may withdraw from membership not earlier than ninety (90) days nor less than sixty (60) days before the expiration of this memorandum' Such withdrawal must be in writing and delivered to the Finance Office' changes in the IBEW membership dues rate shall be certifred to the city in writing over the signaãrre of the Business Representative. The change will be implemented as soon as p.äri"uft", but in no event later than thirty (30) days after the notifrcation' The city and the IBEW agree and understand that if any section of the Mou in any way conflicts with the terms añd conditions of employment stated in other authorities, such as p.rronnrf rules, administrative policy and proóedure manual, city resolutions' or city ordinances, *v u-uiguiù will bå resólved infavor of the MoU language' If the MoU is ,it"nt on any issue, ilrãappticaOle document (i.e. policy manual) is controlling' The following Agency Shop provisions shall apply to all employees represented by the Union. 2. DUES/FEES A.Any employee of the city of Lodi in a classification represented by the union who is not on leave of absence shall' as a condition of continued *pìoy*.nt and within ninety days of hisiher date of hire, become a -.rnUã. of the Union, or pay the Union a service fee in an amount not to "*""r¿ periodic ¿u"t un¿ general assessments of the union. such amounts shall be determined by the union and implemented by the city of Lodi in the first payroll period which starts 30 days after written notice of the new amount is received by the City' Any employee of the city of Lodi in a classification represented by the Union who, on March 1,2003,w4s an employee and was not a member of the union on March 1,2003, and who remains an employee continuously after March 1,2003, is exempt from the provisions of this Article unless he or she elects to become a member of the union or pay the service fee stipulated above. Any city of Lodi employees who permanently frll an lBEW-represented pãJiaiã" "ter March i, ZilOZ, are subject to the agency shop/conscientious ãu¡"",o, fee provisions whether or not they had been a city of Lodi employee prior to March 1,2003. Part-time,on-callemployeesarenotrequiredtojointheUnionorpaya representation fee. B. C D. 30 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _ MOU 201 8 RELIGIOUS OBJECTIONS Any employee who is a member of a bona fide religion, body, or sect which has nisíorically held conscientious objections to joining or financially supporting public ,,niloy." organizations shall not be required to join or financially support ih. orguniration. Such employee shall, in lieu of periodic dues or agency shop f""r, p"uy sums equal to said amounts to a non-religious, non-labor charitable' fund "*r*þt'from taxation under Section 501(c)(3) of the Internal Revenue Code' which has been selected by the employee from the following: the Lodi Adopt-a- Child, and the Lodi House. such payments shall be made by payroll deduction as a condition of continued .""-ption from the requirements- of financial support to the Union and as a condition of continued employment' UNION RESPONSIBILITIES A. The union shall keep an adequate itemized record of its financial transactions and shall, by April 1 of each year, make available to the City of Lodi, und io att Uargaining unit employees, a detailed written financial report for the fiscal yeal ending the preceding December 31, in the form of a balance sheet and an operating stãtement, certified as to its accuracy by its president and the treasurer or corresponding principal officer, or by a certifi ed Public accountant' B. The union certifies to the city of Lodi that it has adopted, implemented, and will maintain procedures in accordance with applicable statutes' any decisions by a còurt of competent jurisdiction, and an¡-other applicable legal authority. The union's dutyin thisregard includes ve_rification of compliance with the Hudson notice requirements related to the fair share amount of the agencY fee. C. Hold Harmless: The Union agrees to indemniry and hold the City of Lodi harmless against any and ati tiauitity including but not limited to such items as wages' damages, awards, fines, court costs, and attorney fees which *uy uiir" by reason of the result of the operation of this Article' CHANGE OF LAW In the event there is a change in the law whereby any provision hereof becomes invalid or if for uny r"uronãny provision of this Article is rendered unlawful by any published appállate court dåcision, the parties hereto shall meet-and-confer *ifrin thirty (3g)^days to negotiate a substitute provision which conforms to said law or court decision. DISCPLINE PROCEDURE No employee shall be terminated under this Article unless: A. The Union first has notified the employee by letter, explaining that he/she^ is delinquent in tendering the required service fee, or payment in lieu of aJ 4. 5 6 3l CITYoFLODIANDINTERNATIoNALBROTHERHOoDoFELECTRICALWoRKERS-MoU2018 B service fee pursuant to subsections 2 and 3 above, speciffing the current amount of the definquency' and warning the employee that. unless such service fee, or puy*"nt in ii"u of service fee, is tendered within thirty (30) calendardays,the.*ptoy""willbereportedtotheCityoflodifor termination âs provided in this Article; and TheUnionhaSfurnishedtheCityoflodiwithwrittenproofthatthe fro."dur. of subsection o.e, abovð has been followed, or has supplied the önv *iir, a copy of the letter sent to the employee a-nd notice rhat he/she t u, no, complùä with the request. The Union must further provide' when ,"qu"rting it " City of Lodf to terminate the employee' the following written notice: "The Union certifies the agencY shop service fee, or PaYment in lieu of service condition of emPloYment under this Agreement and that under failed to tender fee, required as a the terms thereof, the Cþ of Lodi shall term inate the emPloYee." successor Language - The city agrees to the following addition to the Mou: 35.7 This Agreement shall be binding upon the successors, purchasers' conveyees' transferees' leasees, and assignees (hereinafte'r "successorso') of ihe City' In consideration of the IBEW,sexecutionofthisug.."-"nt,theCitypromisesthatitsoperationscoveredbythis Agreement, or any portion thereoi,'shall nät be sold, conveyed, transferred' leased or assigned to, or cónsolidated, or merged with, any successor without first securing an enforceable agreement of the successor to assume the City's obligations under this agreement. The city agrees to notiff the IBEW of any proposed sale, conveyance' transfer' lease' assignment, consolidation or -".g"i and to'piovìde,.and continue to provide any and all information about the sale, coníeyance, tr'ansfer, lease, assignment, consolidation or merger, including a copy of the p.opor"á legal-document setting forth the transaction in request. such nfiificatión and information shall be provided at the earliest time possible' butinanyevent,atleastsixty(60)dayspriortotheeffectivedateofanyagreement between the City and the proposed successor' If the city: 1) Fails to timely notiff the IBEW and provide the required information; 2) FailstoallowanlBEwrepresentativetobepresentatnegotiationsinvolvingthe transaction in q*rtiãn; or 3) Êails to secure an enforceable agreement of the successor to assume the City's obligations unã"r atti, Agreement, the City shall be liable to the IBEW and to trre uaóining rinit employees ,on".-.d by this Agreement ro11nv and all damages sustained by iñ; IBE:W and the bârgaining unit employees for such failure' Anrrcln XXXVI- - Gnrrvaxcn Pnocnounr 32 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ETBCTruCEI Vy'ORKERS - MOU 201 8 36.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: A. Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letter of Agreement, and formal interpretations and clarifrcations executed by IBEW and Cþ' 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 the IBEW orthe Cþ. 36.2 Class action grievance will be in writing from the Business Representative to the Cþ Manager or vice versa. 36,3 STEP ONE Discussion between the employee, the Shop Steward and/or Business Representative and the Division Head or designatåd 3upervisor directly involved, who will answer within frfteen work days. This step Jttutt U" taken within thirly days of the date of the action complained of, or thá date the griwant became aware of the incident which is the basis of the grievance' 36.4 36.5 STEP TWO If a grievance is not resolved in the initial step, the Step Two shall be a discussion between the Jlnployee, Shop Steward and/or Business Representative and the Department Head who shall answer within fifteen work days. This step shall be taken within fifteen work dayp of the date of the immediate Supervisor's answer in Step One' STEP THREE If a grievance is not resolved in the Step Two, a committee will be called to investigate the øctJar basis of the grievance. The committee shall consist of a representative of the city Manager, the depaitmental supervisor, the Department shop steward and - Business Reprelentative. Siep Three shalibe taken within fifteen work days of the date of the answer in SteP Two. 36,6 STEP FOUR If a grievance is not resolved in Step Three, Step Four shall be the presentation of the grievãnce, in writing, by the Business Representative to the Cþ Manager, who shall answer' i-n writing, within üt.ån work days of ieceipt of the grievance. Step Four shall be taken within fifteen work days of the date of the answer in step Three. 36.7 STEP FIVE If a grievance is not resolved by the Cþ Manager, arbitration shall be the final step of upp"ãt for grievances and discipiine. It is agreed by both parties that the decision of the JJ CITYoFLoDIANDINTERNATIoNALBROTHERHOoDoFELECTRICALWoRKERS_MoU2018 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 calendãi days of the City Manager's decision' Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed t" UVÍtt. fu.ti"r, the þarties shall meet to select an impartial arbitrator' If no agreement is reached at itris meeting, the parties shall ìmmediately and jointly request the state conciliation and Mediation Service tå submit to them a panel of frve arbitrators from which the city and the IBEW shall altemately strike nam:s 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 guidelines shall be adhered to: a.Anarbitratormay,uponmutualconsentoftheparties'issuea decision, opinion ór 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 mayutilizeacourtreporteratitsownsoleexpense.Thecostofa 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 ietter shall pråsent the matter on which arbitration is sought and shall outline ttte MOU provisions governing arbitration. It maycontainmutuallyagreedonstipulationsoffactanditmaybe accompaniedbyanydocumentsthatthepartiesmutuallyagreeshall be submitte¿ tó tne arbitrator in advance of the hearing which may not n.""rru.ily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review withouthearing.Absentagreementtoprepareajointletter,the parties may submit separate letters' e. The strict rules of evidence are not applicable and the hearing shall be informal. Thepartieshavetherighttopresentandcrossexaminewitnesses, i*"'op"ning and closiãg statements, an{ file written closing brieß' Testimóny shall be under oath or affirmation' Thearbitratormayexcludetestimonyorevidencewhichhe/she determines irrelevant or repetitious' Attendance at a hearing shall be limited to those determined by the arbitrator to have a diiect connection with the appeal. Witnesses normallywouldbepresentatthehearingonlywhiletestiffingand f. ûë. h. 34 CITYoFLODIANDINTERNATIONALBROTHERHooDoFELECTRICALwoRKERs_MoU2018 36.8 36.9 37.2 ARTIcLE XX)KVII - DIScIPLTNARY PRocEEDINGS 37.1 The city Manager, Department Head, or designee may take disciplinary action against an emPloYee. shouldbepermittedtotestiffonlyinthepresenceoftheemployeeor his/her representative and the employer's representative' i. The arbitration hearing shall be held on the employer's premises' j. The cost of arbitration shall be bome equally by the parties' However,thecost,ifany,ofcancellationorposþonementshallbe the finanåial responsibiliiy 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 the hearing. The decision shall 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 modiff the terms of the Mou or the written ordinances, reiolutions, rules, regulations and procedures of the City' nor shall he/she impose any limitations or obl-igations not specifically.provided for under the terms of the MOU. The arbitrator shall be without po*., or authoriiy to make any decision that requires the City or management to do an actprohibited by law' The arbitrator has no power to add to a disciplinary action' Failure by either party to meet any of the aforementioned time limits as set forth in Sections 36.3, 36.4, 36.5, '36.6 ot ¡o.z witt 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 parlry to an interpretation of this Mou' nor shall such settleáents be cited by either party as svidence in the settlement of subsequent grievances. Employees may have documents relæing to absenteeism and disciplinary actions removed from their personnel files if the incident prompting the action took place twenty-four months or more previous anúno incident of a similar nature has occurred in the interim' The considerations used in determining the type of disciplinary action shall be considered on a case-by-case basis- Such considãrations shall inólude, but not be limited to: the employee,s work history and performance record; the nature and severity of the infraction; d"gt"" oforientation; and any extenuating factors' The types of disciplinary action that mfY be taken shall include but not be limited to oral reprimands, written ,"fiirnunar, demotions, suspensions, reductions in pay and dismissal37.3 from emploYment. 35 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _ MOU 201 8 37,4 The Cþ of Lodi practices a progressive disciplinary process. The process is subject, but not limited to the coniiderations listed in 38.2, and shall be implemented on a case-by-case basis. As a general guideline, the process of disciplinary action shall be in the following order: A. Verbal counseling or oral reprimand to determine the cause(s) or origin(s) for lacking performance, and to encourage the employee to raise/maintain performance at an acceptable level. B. Written reprimand, which, if applicable, will include the performance level the employee is expected to achieve/maintain' C. Demotion, suspension, reduction in pay, and dismissal may be used separately, concunently, or in succession to other disciplinary actions. 37.5 A written notice shall be given to the employee of the following: A. The reasons for the disciplinary action including what rules, regulations or policies have been violated; B. The effective date(s) of the disciplinary action; and C. Any rights ofãppeal. 37.6 The following may be causes for disciplinary action. The purpose of speci$ing these causes is to alert employees to the more common types of disciplinary issues. However, this list is not all inclusive and other instances of unacceptable behavior may arise that are to be included in this list. A. Improper or unauthorized use or abuse of sick leave. B. Excessive absenteeism that prevents reasonable availabilþ for assigned duties. C. Absence without authorized leave; repeated tardiness to assigned work station; leaving assigned work without authorization; failure to report to work after a leave of absence has expired, or after a leave has been disapproved or revoked. D. Misconduct; willful or negligent violation of the personnel rules, resolutions, and other related ordinances including written departmental rules, regulations, and policies. E. Insubordination. F. Acceptance of gifts or gratuities in connection with or relating to the employee's duties. G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a verdict of guilty, or a conviction following aplea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction. H. Fraud or the submission of false information related to employment application, payroll, or any work-related record or report. 36 CITy oT LoDI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL W'ORKERS _MOU 2OI8 I. J Soliciting outside work for personal gain during the conduct of cþ business; engaging in outside employment for any business under contract with the City; or participating in any outside employment that adversely affects the employee's cþ work performance; or conducting personal business on city time. Discourteous treatment of the public or city employees or disorderly conduct on city property or on city business including fighting, or using profanity, intimidation, abusive or threatening language. K. Conduct that interferes with the reasonable management, operation, and discipline of the city or any of its departments or divisions or failure to cooperate with superiors or fellow employees. Engaging in political activities while on duty, in uniform or using the authority associated with city employment. M. Violation or neglect of safety rules or practices. Behavior, either during or outside duty hours, which is of such a nature that it causes discredit to the city or one of its operating services. Discrimination, including harassment, against other employees or members of the public on the basis of race, color, national origin, religious creed, ancestry, sex, marital status, age, or physical handicap. InefTiciency, incompetence, or negligence in the performance of duties, including failure to perform or complete assigned tasks or training, in a prompt, competent and reasonable manner. a. Refusal or inability to improve job performance in accordance with written or verbal direction after areasonable trial period. R. Refusal to accept and carry out reasonable and proper assignment from an authorized supervisor. T S Possession or use of controlled substances or alcohol on city property and/or at the worksite. Intoxication, intemperance, or incapacity due to the use of controlled substances or alcohol while on duty. U. Failure to obtain or maintain possession of the minimum qualifications for the position. V. Careless, negligent, or improper use of city propefty, equipment or funds, including unauthorized removal, or use for private purpose, or use involving damage or unreasonable risk of damage to property. W. Unauthorized release or use of confidential information or official records. L. N. o. P 37 CrTy oF LoDr AND INTEpNATIoNAL BROTHERHOOD OF ELECTRICAL WoRKERS -MOU 2018 X. Participation in an illegal strike, work stoppage, slowdown, or other job action against the city. Y. Inabilþ to perform the duties of his/her job. Z. dishonesty AA. Possession of firearms on the job. BB. Sleeping on the job. CC. Theft. DD. Retaliation for actions protected by law. EE. Failure to report loss of or damage caused to city equipment and/or facilities for which the employee was responsible. FF. Threats of violence against city employees and/or city property. 37.7 In the event of a demotion, suspension, reduction in pay or dismissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the employee may appeal the decision by filing a written appeal with the Human Resources Department within ten (10) work days following service of the final notice of disciplinary action. The written appeal shall contain a written reply to the charges against the employee and a written request for an appeal hearing. 37.8 If an employee submits an appeal, the City shall refer the appeal to arbitration in accordance with step five of the grievance procedure in the MOU. In the case of a disciplinary appeal under this article, the arbitrator's authority shall be limited in accordance with provisions of step five and the parties' hearing stipulations. Anrrcr.n XXXVilI - Muruar, CoNsnxr Cr,ausn 38.1 This MOU may be amended any time during its lifetime upon mutual consent of the City and IBEW. Such amendment must be in writing and attached to all executed copies of this MOU. Anrrcr,n XXXIX - No Srmrns 39.1 The represented employees agree that they will not strike, withhold services, engage in "slow downs" or "sick-ins" or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU. 38 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL V/ORKERS _MOU 2OI8 Anrrcr,nxl-, - Por.rcvM¡,xu¡¡, 40.1 City agrees to provide copies of Policy Manual to IBEW Shop Stewards and two copies to the Business Representative of IBEW and to place those individuals on the mailing list for any changes thereto. Anrrcr,n XLI - PnonarroNARY Pnnrop 4l.l All appointments to positions in the classified service shall be subject to probationary period of 12 continuous months of service. The probationary period for promotions, transfers, or temporary employees advanced to regular status who have served in a temporary capacity for a minimum of six months shall all be six months and are eligible for a merit increase at that time. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his/her new duties, assignments and responsibilities in hisiher new position and for rejecting any probationary employee whose performance does not meet required work standards. Newly hired Linemen/Linewomen shall be paid at no lower than the D Step upon employment and shall be advanced to the E Step after 13 pay periods. 41.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except: Vacation Leave - see Article XIV for vacation schedule The use of the Grievance Procedure to grieve termination. The Cþ and the employee may mutually agree to extend the probationary period for not more than six months. The IBEW shall be notified of all extensions. 41.3 The Cþ will provide medical insurance to temporary employees. Temporary employees shall be permitted to obtain dental and/or vision insurance coverage at group rates by the employee paying the prevailing premiums. When a temporary employee is converted to regular status, he/she shall receive credit for all time worked as a temporary employee toward the probationary period. Anrrcm XLII - Rrsr Pnruon 42.1 The City and the IBEW mutually agree that when an employee has worked for eight hours or more at the overtime rate during the sixteen-hour period immediately preceding the beginning of his/trer regular work hours on a work day he/she shall be entitled to a rest period of eight hours on the completion of such overtime work. When an employee has worked for six or more hours at the overtime rate during the twelve hours immediately 1) 2) 3) 39 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WONT¡NS -MOU 2018 preceding the beginning of his/her regular work hours on a work day he/she shall be entitled to a rest period of six hours on the completion of such overtime work. When an employee has worked for four or more hours at the overtime rate during the eight hours immediately preceding the beginning of his/her regular work hours on a work day he/she shall be entitled to a rest period of four hours on the completion of such overtime work. 42) There shall be included as part of the hours worked at the overtime rate in any quali$ing period any meal time to which the employee is entitled when emergency or preananged work is performed, except that any meal time to which helshe is entitled after being dismissed from work shall not be included in the computation of the rest period. 42.3 Hours worked prior to any rest period in which the employee does not work shall not be included in computing another period of overtime work. 42.4 If the rest period in whole or in part overlaps the employee's regular work hours he/she will receive pay atthe straight rate for the extent of the overlap, except that the time taken during such overlap for any meal to which he/she is entitled on dismissal shall be paid for at the overtime rate. 42.5 If the employee is called back to work during any rest period a new rest period will commence at the conclusion of such work. 42.6 If the rest period overlaps his/trer regular work hours but does not extend into the second half of his/her work day, the employee may be excused from reporting for work until the beginning of the second half of his/her work day, and in such event he/she will be paid for the time between the expiration of the rest period and the end of the first half of his/her work day. 42.7 If the rest period extends into the second half of his/her work day, the employee may be excused from reporting for work until the following work day, and in such event he/she will be paid for the time between the expiration of the rest period and his/her regular quitting time on such day. 42.8 In the application of the foregoing, an employee unless otherwise instructed, shall be deemed to be excused from reporting to work for the period between the end of his/her rest period and the reporting time as designated by the applicable subdivision. 42.9 An employee entitled to a rest period hereunder may nevertheless be required to work during regular work hours on a work day without having had a rest period of four, six or eight consecutive hours, as applicable, in which event he/she shall be paid at the overtime rate for all work performed until he/she has been relieved from duty for at least four, six or eight consecutive hours, as applicable. This section shall not apply to prearranged overtime work. 42.10 For the purposes of this section, when a Electric Dishibution Operator, assigned to the swing shift works four or more hours during the previous day shift and completes his/her regularly scheduled shift, the frrst eight hours worked will be paid at the straight time hourly rate. All time worked in excess of eight hours shall be paid at the appropriate overtime rate and meal provisions shall apply in accordance with Article XXV[. 40 CITy oT LooT AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _ MOU 2018 Anrrcr,n XLIII - Mrscnr,r,nxnous 43.1 Prior to any reduction in force of IBEW represented employees, affected IBEW employees meeting the minimum qualifications of the jobs being contracted will be offered any bargaining unit work being performed by contractors. These assignments will be of a temporary nature. All current rules concerning bumping and selection shall apply. For the purpose of this agreement, contracting occurs when temporary non-IBEW employees are frlling positions; outside contractors are performing work in the IBEW bargaining unit and cross-training is in effect. The City of Lodi agrees to notiff IBEW in each instance of its intent to contract IBEW bargaining unit work. 43.2 The City may employ Contract Workers, including linemen/linewomen and individuals in other skilled trades represented by IBEW, from the dispatch hall of IBEW Local 1245. The terms of such arrangements are as follows: I Contract Workers will be referued from Local 1245's dispatch hall in Vacaville, California upon request by the City. Contract Workers referred to the City shall only be assigned regular work within their job classification unless agreed otherwise by Local1245. The maximum period of retention shall be six (6) consecutive months unless the parties agree in writing to waive this requirement in specific cases. Contract WorkerS shall be paid an hourly wage equal to the then-current wages for their individual classification as established by Local 1245 for "Outside" workers. Contract Workers shall also be paid a cash equivalent of the then current benefits in place for such Outside employees as established by Local 1245. In addition, the City shall pay the appropriate payroll taxes. The City shall, when appropriate, apply all other working conditions such as overtime, meals, etc. that are currently provided for in the MOU. Preference for overtime will be extended to "regular" City employees, and while the City may work Contract Workers overtime, the City is under no obligation to balance overtime for such individuals. The City shall not permanently reduce the number of bargaining unit employees within any classification corresponding to the classifications of then current Contract Workers retained under this agreement. The City shall have the right to review the background/qualifications of any potential Contract Worker, including the right to interview same. The City may elect to not retain or to terminate the use of any particular Contract Worker at any time for any reason without recourse or liability. I T 43.3 The City of Lodi shall continue to provide IBEW with as much notice as is practicable of technological changes in its business that may have a significant effect on its work force. 4l CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _ MOU 201 8 In such circumstances, the City of Lodi and the IBEW shall then meet to study and endeavor to adopt appropriate solutions' Anucm XLIV- TnnPt 44.1 This MOU covers the period from January 1, 2018 through December 31, 2018 Effective January 1, 2018, and except as provided herein, the Memorandum of Understanding ("MOU") between Local 1245, Intemational Brotherhood of Electrical Workers, Electric Utility Unit ("IBEW") and the City of Lodi ("City") shall cover the period January 1, 2018 to December 31, 2018, and it shall continue thereafter from year to year unless either party shall give notice in writing to the other party at least sixty (60) days prior to any such anniversary date of its desire to amend or terminate same. 44.2 The parties mutually agree to commence negotiations no later than three (3) months prior to the errpiration ofthe MOU. 42 CITY oF LODI AND INTERNATIoNAI- BROTHERHOOD oF ELECTRICAL WORKERS MOU 20 I8 ATTACHMENT A IBEW Salary Schedule Job Doscrlpt¡on Eff Date Step 0 Step t Step 2 Step 3 Step 4 CONSTRUCTION/MAINT. SUPERVISOR 12t22t2014 113,498.06 119,149.16 125,111.74 '131 ,381.90 137,931 .30 DISTRIBUTION PLANNER 01t01t2014 85,960.16 90,265.76 94,779.36 99,525.92 104,490.88 DISTRIBUTION PLANNING SUPERVISOR 01t01t2014 94,581.76 99,290.88 104,260.00 109,484.96 114,942.88 ELECTRIC APPARATUS MECHANIC 01to1t2014 74.734.40 78,474.24 82,417.92 86,528.00 90,873.12 ELECTRIC DISTRIBUTION OPERATOR I 01t01t2014 70,218.72 73,729.76 77,421 .50 81,282.24 85,356.96 ELECTRIC DISTRIBUTION OPERATOR II 01t21t2016 87,071.66 91,400.40 96,006.04 100,790.56 105,852.24 ËLECTRIC DISTRIBUTION OPERATOR SUPERVISOR 01t20t2016 95,778.80 100,540.44 105,606.80 110,869.72 116,437.62 ELECTRIC FOREMAN/FOREWOMAN 12t22t2014 103,152.'14 108,318.86 1 1 3,735.1 8 1 19,431 .00 125,389.16 ELECTRIC GROUNDWORKER 01to1t2014 59.092.80 62.046.40 65,145.60 68,411.20 71,822.40 ELECTRIC LINE APPRENTICE I 07t20t2016 67,236.78 70,598.58 74,128.60 77,834.90 '',t,726.58ELECTRIC LINE APPRENTICE II 07t20t2016 89,899.42 94,394.30 ELECTRIC LINEMAN/LINEWOMAN 12t22t2014 89,681.28 94,1 69.1 4 98,901.40 103,833.60 109.047.64 ELECTRIC MATERIALS TECHNICIAN 01t01t2014 66,913.60 70,258.24 73,773.44 77,461 .28 81,332.16 ELECTRIC TROUBLESHOOTER 12t22t2014 91,793.00 96,392.92 101 ,200.32 106,279.68 1 1 1 ,596.16 ELECTRICAL DRAFTING TECHNICIAN 01t01t2014 62,978.24 66,131.52 69,428.32 72,904.00 76,550.24 ELECTRICAL ENGINEERING TECHNICIAN 01to1t2014 69.284.80 72,737.60 76,377.60 80,204.80 84,198.40 ELECTRICAL TECHNICIAN 12t22t2014 99,7 t7.80 104,702.26 109,936.32 115,432.46 121,208.36 ELECTRICIAN 01t01t2014 73,967.04 77,650.08 81,526.56 85,601.52 89,900.04 LEAD ELECTRICIAN 11t15t2016 81 ,357.41 85,425.28 89,696.54 94,181.37 98,890.44 METERING TECHNICIAN 01t01t2014 80,325.44 84,350.24 88,566.14 92,996.54 97,641.44 SENIOR ELECTRICAL ENGINEERING TECHNICIAN 04t10t2017 82,308.20 86,419.06 90,732.20 95,269.72 100,032.14 SENIOR ELECTRICAL TECHNICIAN 12t22t2014 109.891 .34 115.392.68 121 .1 50.90 't27,218.52 133,570.84 SUBSTATION TECHNICIAN 12t22t2014 99,717.80 104,702.26 109,936.32 't15,432.46 121,208.36 SUBSTATION/METERING SUPERVISOR 12122t20',\4 1 13,498.06 1 '1 9, 149. 16 125,11',t.74 131 ,381 .90 137,931 .30 TROUBLESHOOTING SUPERVISOR 12t22t2014 100.995.70 106,042.56 1',t1,321.60 1 16,907.70 122,733.26 UTILITY EQUIPMENT SPECIALIST 01t01t20't4 64,993.76 68,253.12 71,674.46 75,248.16 79,018.94 43 I. B. E. W. - LOCAL 1245 ELECTRIC UTILITY UNIT Tom Dalzell Business Manager, IBEV/ Date: Sheila Lawton Business Agent,IBEW Date: Rod Brown S ubstation/Metering Supervisor Date: JeffNorwood Electric Foreman Date CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer City Manager Date: Andrew Keys Deputy City Manager Date: Adele Post Human Resources Manager Date: APPROVED AS TO FORM Janice D. Magdich City Attorney Date ,v Attest: Jennifer M. Fenaiolo City Clerk Date: