HomeMy WebLinkAboutAgenda Report - September 19, 2018 H-01CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA ITEM
AGENDA TITLE: Adopt Resolution Approving Memorandum of Understanding between the City of
Lodi and the International Brotherhood of Electrical Workers for the Period January
1, 2018 through December 31, 2018
September 19, 2018
Human Resources Manager
MEETING DATE:
SUBMITTED BY:
RECOMMENDED ACTION:
Adopt resolution approving the Memorandum of Understanding
between the City of Lodi and the International Brotherhood of
Electrical Workers for the period January 1, 2018 through December
31, 2018.
BACKGROUND INFORMATION: The Memorandum of Understanding (MOU) between the City of
Lodi and International Brotherhood of Electrical Workers, Local
1245 (IBEW) expired on December 31, 2017. Representatives from
the City and IBEW have meet and conferred in good faith and have reached a tentative agreement on a
new MOU, subject to the approval of Council.
A redline strikeout version of the MOU is attached for Council review and approval. In addition to the
items listed below, the redline version reflects several housekeeping items, including changes to position
titles. A summary of the key changes to the MOU are as follows:
• The term of the MOU shall be from January 1, 2018 through December 31, 2018.
• Amend the pre-tax flexible benefit plan to provide for carryover of medical flexible spending account
contributions.
• Increase the City's maximum contribution to health care premiums.
• Special bank of 40 hours of non-cashable leave to be used by June 30, 2019.
• Elimination of the requirement of a class A driver's license for certain job classifications.
Lodi continues to face funding challenges ahead and must plan for them. The Electric Utility Department
continues to experience recruiting challenges in a highly competitive market place. City of Lodi
employees continue to partner with the City in planning for our fiscal health and sustainability over the
next year.
Staff recommends that the Council approve the MOU between the City and IBEW.
FISCAL IMPACT: Total cost over the life of the contract is approximately $30,000.
FUNDING AVAILABLE: Funding for this item will be provided by vacancy savings within the
department.
APPROVED:
Wll
Post Human esources
Ad Manager
ai.1[6,)
Andrew Keys, Deputy City Manager
ve Schwab.. r"' , City Manager
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2014 2017 2018
N-1
ATTACHMENT A
IBEW Salary Schedule Effective
05/0 0 4
Job Deseriptiuii
Eff Date
Step 0
Step 1
Step 2
Step 3
Step 4
CONSTRUCTION/MAINT. SUPERVISOR
12/22/2014
113,498.06
119,149.16
125,111.74
131,381.90
137,931.30
DISTRIBUTION PLANNER
01/01/2014
85,960.16
90,265.76
94,779.36
99,525.92
104,490.88
DISTRIBUTION PLANNING SUPERVISOR
01/01/2014
94 581.76
99,290.88
104 260.00
109,484.96
114,942.88
ELECTRIC APPARATUS MECHANIC
01/01/2014
74,734.40
78,474.24
82,417.92
86 528.00
90 873.12
ELECTRIC DISTRIBUTION OPERATOR I
01/01/2014
70,218.72
73,729.76
77,421.50
81,282.24
85 356.96
ELECTRIC DISTRIBUTION OPERATOR II
01/21/2016
87,071.66
91,400.40
96,006.04
100 790.56
105,852.24
ELECTRIC DISTRIBUTION OPERATOR
01/20/2016
95,778.80
100 540.44
105,606.80
110,869.72
116,437.62
SUPERVISOR
ELECTRIC FOREMAN/FOREWOMAN
12/22/2014
103,152.14
108,318.86
113,735.18
119 431.00
125 389.16
ELECTRIC GROUNDWORKER
01/01/2014
59,092.80
62,046.40
65,145.60
68,411.20
71,822.40
ELECTRIC LINE APPRENTICE I
07/20/2016
67,236.78
70,598.58
74,128.60
77 834.90
81 726.58
ELECTRIC LINE APPRENTICE II
07/20/2016
89,899.42
94,394.30
ELECTRIC LINEMAN/LINEWOMAN
12/22/2014
89 681.28
94,169.14
98,901.40
103 833.60
109,047.64
ELECTRIC MATERIALS TECHNICIAN
01/01/2014
66,913.60
70 258.24
73,773.44
77,461.28
81 332.16
ELECTRIC TROUBLESHOOTER
12/22/2014
91,793.00
96,392.92
101 200.32
106 279.68
111,596.16
ELECTRICAL DRAFTING TECHNICIAN
01/01/2014
62 978.24
66,131.52
69,428.32
72,904.00
76 550.24
ELECTRICAL ENGINEERING
01/01/2014
69 284.80
72,737.60
76,377.60
80,204.80
84,198.40
TECHNICIAN
ELECTRICAL TECHNICIAN
12/22/2014
99,717.80
104,702.26
109,936.32
115,432.46
121 208.36
ELECTRICIAN
01/01/2014
73,967.04
77,650.08
81,526.56
85,601.52
89,900.04
LEAD ELECTRICIAN
11/15/2016
81,357.41
85,425.28
89,696.54
94,181.37
98 890.44
METERING TECHNICIAN
01/01/2014
80 325.44
84,350.24
88,566.14
92,996.54
97,641.44
SENIOR ELECTRICAL ENGINEERING
04/10/2017
82,308.20
86,419.06
90,732.20
95,269.72
100,032.14
TECHNICIAN
SENIOR ELECTRICAL TECHNICIAN
12/22/2014
109,891.34
115,392.68
121,150.90
127 218.52
133,570.84
SUBSTATION TECHNICIAN
12/22/2014
99 717.80
104,702.26
109,936.32
115,432.46
121,208.36
SUBSTATION/METERING SUPERVISOR
12/22/2014
113,498.06
119,149.16
125,111.74
131 381.90
137 931.30
TROUBLESHOOTING SUPERVISOR
12/22/2014
100 995.70
106,042.56
111,321.60
116,907.70
122,733.26
UTILITY EQUIPMENT SPECIALIST
01/01/2014
64,993.76
68,253.12
71,674.46
75,248.16
79 018.94
46
I. B. E. W. - LOCAL 1245 CITY OF LODI
ELECTRIC UTILITY UNIT A MUNICIPAL CORPORATION
Tom Dalzell Stephen Schwabauer
Business Manager, IBEW 1n-trrCity Manager
Date: Date:
Sheila Lawton Andrew Keys
Business Agent, IBEW Deputy City Manager
Date: Date:
Rod Brown
Utility Service Operator
S ubstati on1NIetcri ng S upery i sor
Date:
Jeff Norwood
Electric Foreman
Adele Post
Human Resources Manager
Date:
APPROVED AS TO FORM:
Date: Janice D. Magdich.
City Attorney
Date:
Attest:
Jennifer M. Ferraiolo
City Clerk
Date:
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF LODI
AND
LOCAL 1245
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
ELECTRIC UTILITY UNIT
! A
January 1, 2018 to December 31, 2018
Table of Contents
CHAPTER 1. SALARIES AND OTHER COMPENSATION
Article I Compensation for Illness or Injury Incurred in Course of employment 1
Article II Court Appearances/Jury Duty 1
Article III Overtime 2
Article IV Salary 4
Article V Standby Duty 6
Article VI Temporary Upgrade 8
Article VII Tools and Uniforms 8
Article VIII Tuition Reimbursement 9
CHAPTER 2. LEAVES
Article IX Catastrophic Leave 10
Article X Bereavement Leave 10
Article XI Holidays 11
Article XII Leave of Absence 11
Article XIII Sick Leave 12
Article XIV Vacation 12
CHAPTER 3. INSURANCE AND RETIREMENT
Article XV Chiropractic Coverage 13
Article XVI Deferred Compensation 13
Article XVII Dental Insurance 13
Article XVIII Life Insurance 13
Article XIX Long Term Disability 13
Article XX Medical Insurance 14
Article XXI Retirement 15
Article XXII Sick Leave Conversion 16
Article XXIII Vision Insurance 17
CHAPTER 4. SAFETY
Article XXIV Safety 18
CHAPTER 5. WORK HOURS, SCHEDULES, MEALS
Article XXV Hours 20
Article XXVI Inclement Weather 21
Article XXVII Meals 21
Article XXVIII Trouble Truck 22
Article XXIX Electric DistributionUtility Service Operator Relief Procedure Single Shift
Plan 24
Article XXX Electric DistributionUtility Service Operator Procedure 25
CHAPTER 6. ASSOCIATION/CITY ISSUES
Article XXXI Changes in Memorandum of Understanding 26
Article XXXII City Rights 26
Article XXXIII Demotion and layoff 27
Article XXXIV Drug and Alcohol Policy 27
Article XXXXV Employee Representation 27
Article XXXVI Grievance Procedure 31
Article XXXVII Disciplinary Proceedings 34
Article XXXVIII Mutual Consent Clause 37
Article XXXIX No Strikes 37
Article XL Policy Manual 38
Article XLI Probationary Period 38
Article XLII Rest Period 38
Article XLIII Miscellaneous 40
Article XLIV Term 41
Attachment A Salary Schedule 42
City of Lodi
And
International Brotherhood of Electrical Workers
January 1, 2018 — December 31, 20182011- 2017
Chapter 1. Salaries and Other Compensation
ARTICLE I - COMPENSATION FOR ILLNESS OR INJURY INCURRED IN
COURSE OF EMPLOYMENT
1.1
The City 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 submitted. The
employee's regular deductions shall be made from the amount paid by the City.
ARTICLE II - COURT APPEARANCES/JURY DUTY
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 of time if he/she is on
regular duty. If the employee is not on duty, the City agrees to compensate that employee at
one and one-half time his/her regular pay for the time spent in any appearance as required by
this article. As a prerequisite for payment to off-duty employees, the Electric Utility Director
or his/her designee must be notified in writing of the off-duty appearance within seventy-two
hours after the employee is subpoenaed or otherwise notified of the required court
appearance.
2.3 Voluntary grand jury service such as that service in San Joaquin County is not covered by
Jury Duty leave.
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
2.4 Swing and Graveyard Shift Utility Service Operators 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.
ARTICLE III - OVERTIME
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:
1. 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:
1. Prearranged at the rate of one and one-half times the straight time rate of pay.
Prearranged work shall mean that the employee was notified of the work prior to the
end of the preceding regular workday. All other work shall be considered "non -
prearranged" or "emergency" work.
2. 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 straight
time rate of pay. Any time worked on a holiday will be paid at two times the
employee's rate of pay.
3.2 The City may change the hours of work as stated in 25.1 after consultation with the
employees and the employee organization 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.
3.3 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 prearranged 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.
3.5 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
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
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 first call employees on the list who meet a 20 -minute
response time requirement. The City retains the right to call any qualified City 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. the exchange receives management authorization.
3.8 When, at the request of the supervisor in charge, an employee reports for prearranged work:
1. On work days outside of his/her regular work hours he/she shall be paid overtime
compensation for actual 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 he/she 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.
3.9 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 earned.
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 120 hours. In addition, an
employee may request pay off of any portion of his/her compensation on the first of April,
July and October.
3.11 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.
3.12 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
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
the supervisor feels the workload is such that shorter notice is acceptable, he/she may grant
CTO accordingly.
ARTICLE IV - SALARY
4.1 There will be no cost of living adjustments for the duration of this MOU.
4.2 City shall provide a one time, non persable, payment of $2,300.00 to ach member of the
bargaining unit, excluding those members who receive Rubber Glover premium pay, who is
employed by the City on the date of approval of this MOU by the City Council. Payment
will be made in a lump sum manner along with a regularly scheduled 2014 calendar year pay
check within two pay periods of the approval of this MOU by the City Council.
Effective January 1, 2015, excluding those who receive rubber glove premium pay,
with a cash out option. Leave may be taken as cash payment during the calendar year,
except in the months of May and June. Leave must be used or will be cashed out prior to
December 30 of each year. A request to cash out leave must be in writing and submitted to
the Finance Division. The provisions in this paragraph sunset on December 31, 2017. 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.
4.3 Lodi has entered into a separate agreement with the California — Nevada Joint
Apprenticeship Training Committee ("JATC") to provide training for Electric Line
Apprentices.
The Electric Line Apprentice program is intended to be a program of seven steps. An
Electric Line Apprentice I or II will be eligible for consideration for a merit increase
upon completion of 13 pay periods in a step, provided available workload provides
appropriate experience and provided further that the Electric Line Apprentice I or II is
making normal progress in training and testing. The Electric Line Apprentice I or II will
advance from step to step, when the Electric Utility Director or his/her designee
determines that the Electric Line Apprentice I or II has achieved the qualifications
necessary for such advancement and approvals are received pursuant to Lodi policies and
procedures.
An Electric Line Apprentice I or II will be paid when working or training on-the-job in
the field.
An Electric Line Apprentice I or II will be entitled to straight time pay for up to 40 hours
per week and for reasonable expenses in accordance with Lodi policies and procedures,
subject to approval, while training one week per year at JATC's facility. An Electric Line
Apprentice I or II will not be entitled to pay or expenses for weekend training at JATC
facilities.
4
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
Apprenticeship classroom training by Lodi personnel or at Lodi facilities will be on paid
time if during normal work -hours or unpaid if outside normal work -hours. Study will
normally be outside of work hours, and without pay, but the Electric Utility Director or
his/her designee may permit limited apprenticeship study during paid work -hours,
workload permitting, typically during inclement weather.
Electric Line Apprentices I or II are on probation at all times while they are classified as
Electric Line Apprentices I or II.
4.4 A Rubber Glove premium of 10% will be available for eligible Electric
Lineman/Linewoman, Electric Foreman/Forewoman, Electric Troubleshooter, Senior
Electric Troubleshooter, Electrical Technician, Senior Electrical Technician and
Construction/Maintenance Supervisor who have successfully completed training to handle
Effective the beginning of the pay period following City Council approval of the MOU, the
City shall increase the Rubber Glove premium to 20%.Effective the beginning of the pay
period which includes January 1, 2015, the Rubber Glove premium shall bewas 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 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.
/1.5 Employees who work in the Utility Service Operator position will receive a 10% premium
when working Relief.
464.5 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 1, 2018, the following job classifications will no longer required
a Class "A" commercial driver':
Substation Technician
Electric Troubleshooter
Electric Foreman
Metering/Substation Supervisor
Troubleshooting Supervisor
Construction/Maintenance Supervisor
The following employees, who are incumbents in the above listed job classifications,
represented by the IBEW and hired before August 1, 2008 have obtained and agreed
to voluntarily maintain their Class "A" 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 "A" commercial driver's licensethis requirement, paid in
October of each year.
Barry FisherAdrian Solis
Ed Fitzpatrick
Brian Henry
Elton Lamborn
5
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
Danny Souza
Richard Willett
Miguel Ortiz
Brent Sirkel
Roy Dodgion
Jeff Norwood
Ross Phillips
ab. Employees represented by the IBEW and hired after August 1, 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 "A" license thew
employees will receive $600.00 per year (pro rata to date of issuance of license) for
maintaining a Class "A" license and annually each year thereafter in accordance with
City policy.
bac. Loss of a valid Class "A" commercial driver's license will result in loss of the
stipend (pro -rated) until such time as the license is reinstated.
44.6 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.
Effective the beginning of the pay period following City Council approval of the MOU, the
City shall increase the salary of the Senior Electrical Technician classification by 7.2%.
ARTICLE V - STANDBY DUTY
5.1 Employees assigned to standby duty for emergency calls
each standby period as follows:
On work days
On non -work days
On observed holidays
Other
Employees
3 hours
4 hours
8 hours
December 24 (When Observed) 5 hours
shall receive straight time pay for
Utility ServiceElectric Distribution
Operators
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 offset). 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.
6
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
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 Utility
Service 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 straight 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 situation is the first 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 "Standby Duty Pay" (above) the employee on standby shall be paid at the
rate of one & one half times the straight 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 TROUBLESHOOTER OR SENIOR ELECTRIC
TROUBLESHOOTERTROUBLESHOOTING SUPERVISOR:
The Standby Electric Troubleshooter or Senior Electric TroubleshooterTroubleshooting
Supervisor will be the swing -shift Electric Troubleshooter, going off duty 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 standby shall be the 24 hours starting at 0700 hours on
the day of the holiday and continuing to 0700 hours on the day after the holiday.
Troubleshooters may work a 9/80 schedule.
The Standby Utility Sere ce Electric Distribution Operator and Electric Troubleshooter will
be provided pagers operable by the answering service.
5.2 Employees assigned to standby duty (example: the Trouble Truck) on an observed holiday
shall 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.
5.3 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/her non -work days; for subsequent calls overtime compensation shall be
paid for his/her actual work as herein provided. For the purpose of this section, concurrent
calls or successive calls without a break in work time shall be considered as a single call. If
7
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
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.
ARTICLE VI - TEMPORARY UPGRADE
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 10% wage increase while in this status. However, in no event shall the upgrade
pay per hour exceed the "E" step of the classification to which the employee is temporarily
upgraded. 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 City 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 City 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
5% premium for all such time worked in excess of four hours during the normal work day.
6.4 All Utility Service Electric Distribution Operator II's shall fill the UtilityService Electric
Distribution Operator Relief position in a sequentially rotating manner to coincide with the
regularly scheduled Monday through Thursday Utility Service Electric Distribution
Operator.
ARTICLE VII - TOOLS AND UNIFORMS
7.1 The City 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 his/her work in a safe and efficient manner, the City will
provide the following list of basic hand tools, work gloves and equipment:
Skinning knife
Work gloves
Pliers, side cut
Screwdriver, 10"
Safety strap
Utility bag
Ruler, 6', wood
Hammer, claw
Wrench, adjustable 12"
Adjustable (pump) pliers 10"
8
Safety glasses
Rubber boots
Rain gear
Wrench, adjustable 8" or 10"
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
7.2 In addition, effective with the first quarterly payment following City Council approval of the
MOU, the City will provide a boot allowance of $500.00 per calendar year to all Electric
Lineman/Linewoman, Electric Foreman/Forewoman, Construction/Maintenance Supervisor,
Electric Troubleshooter and Senior Electric TroubleshooterTroubleshooting 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 of a regular pay check.
7.3 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 equipment issued to him/her. Tools and equipment lost or damaged through
improper use will be replaced at the employee's expense.
All unsafe, broken or worn out tools will be replaced on an exchange basis.
The City will provide each employee with three pairs of gloves per fiscal year.
7.4 The City shall provide uniforms and laundry service for all field employees that conform to
regulatory standards.
ARTICLE VIII - TUITION REIMBURSEMENT
8.1 Tuition reimbursement will be provided in accordance with the City's current Tuition
Reimbursement Policy.
8.2 The City will pay all cost of license fees, physicals and training required for licenses and
permits.
9
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
Chapter 2. Leaves
ARTICLE IX - CATASTROPHIC LEAVE
9.1 Catastrophic leave will be provided in accordance with the City's current Catastrophic
Leave Policy.
ARTICLE X - BEREAVEMENT LEAVE
10.1 Regular employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the deceased
may lie in state, the day of the funeral, and the time necessary to travel to and from the
location of the funeral, but not to exceed three working days.
The immediate family shall be limited to an employee's:
spouse parent grandparent
grandparent -in-law parent -in-law child
grandchild son-in-law daughter-in-law
stepchild brother sister
half-brother half-sister foster parents
or a more distant relative who was a member of the employee's immediate household at the
time of death.
10.2 A permanent employee will be permitted to use sick leave, vacation leave, or compensatory
time off to attend the funeral of a person the employee may be reasonably deemed to owe
respect, but not to exceed one day.
10
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
ARTICLE XI - HOLIDAYS
11.1 Members of this unit will observe the following holidays:
New Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
*Thanksgiving Day
*Day After Thanksgiving
*Christmas
January 1
3rd Monday in January
4th Monday in May
July 4
1st Monday in September
4th Thursday in November
Friday after the 4th Thursday in Nov.
December 25
*Operations Division employees have until March 31st of the following calendar year in
which to use the last three fixed holidays (Thanksgiving Dav, 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
Wednesday, 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 (Utility Service Operator I/II and Relief
OperatorElectric Distribution Operator HI 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 a 9/80 schedule, and 50 hours for employees working a 4/10 schedule)
to be taken off at a time mutually agreed upon between the employee and the Department
Head. Floating 14holiday leave shall be taken during the calendar year. Unused floating
holiday will be forfeited at the end of each calendar year.
11.2 Employees hired mid -year shall be credited with the remaining fixed holidays in the calendar
year, plus one additional holiday for each seventy-five days remaining in the year.
Employees separating from service mid -year shall have the remaining fixed holidays in the
calendar year plus one additional holiday for each seventy-five calendar days remaining in
the year deducted from their holiday leave balances.
11.3 The City agrees to make cash payment at rate 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 2014 _ 2017 2018
ARTICLE XII - LEAVE OF ABSENCE
12.1 Leaves of Absence will be provided in accordance with the City's current Leave of Absence
Policy.
ARTICLE XIII - SICK LEAVE
13.1 Full-time employees will accumulate sick leave with pay at the rate of 3.70 hours per pay
period.
13.2 Sick leave maybe accumulated up to an unlimited amount.
ARTICLE XIV - VACATION
14.1 Employees hired prior to January 1, 1995 shall accrue vacation as follows:
Hours Per
Pay Period
0 through 5 years: 3.08 (10 days per year)
6 through 11 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)
22nd year: 6.78 (22 days per year)
23rd year: 7.09 (23 days per year)
24th year: 7.40 (24 days per year)
25th year & Over: 7.71 (25 days per year)
Employees hired after January 1, 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 responsibility of the individual employee.
12
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
14.3 During the first continuous twelve months of employment, vacation days shall be earned but
may not be taken. An employee who terminates employment for any reason during the first
twelve months of employment shall be entitled to a payoff for vacation hours earned.
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
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
Chapter 3. Insurance and Retirement
ARTICLE XV - CHIROPRACTIC COVERAGE
15.1 Chiropractic services may be received by employees and dependents through a chiropractic
insurance plan.
15.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the
life of this agreement.
15.3 When any of such individuals changes their chiropractor or the chiropractor becomes a
medical provider under the City's medical plan, they shall utilize the medical plan's list of
providers and shall be subject to the terms and limitations of said plan.
ARTICLE XVI - DEFERRED COMPENSATION
16.1 The City agrees to match up to an employee's 3% contribution to the Deferred
Compensation Program.
ARTICLE XVII - DENTAL INSURANCE
17.1 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.
ARTICLE XVIII - LIFE INSURANCE
18.1 A life insurance program providing for two times annual salary to a maximum of $250,000.
Said benefits will reduce with age according to the reduction schedule of the life insurance
carrier. Coverage for dependents will also be provided according to the schedule available
from the carrier. This insurance is only applicable to active employees.
18.2 The City agrees to pay the employee's premiums for the above mentioned life insurance
program.
ARTICLE XIX - LONG TERM DISABILITY
19.1 A long-term disability program which, coordinated with other disability benefits shall
provide a benefit of 66-2/3% to a maximum of $10,000.00 per month of the employee's
14
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
basic monthly earning in the event of disability. 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.
ARTICLE XX - MEDICAL INSURANCE
20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan
available in Lodi through Ca1PERS and the parties shall meet and confer on a replacement
plan offering such an equivalent level of benefits. Except as modified by section 20.2, the
the cost of the highest HMO available within the City of Lodi through Ca1PERS. This
provision expires as of December 31, 2014.
20.2 Through December 31, 2014, employees with one dependent on their medical plan will
contribute $80.00 per month towards their medical premium. Employees with more than
one dependent on their medical plan will contribute $104.00 per month towards their
medical premium.
20.3 Through December 31, 2014, those employees who do not provide coverage for dependents
• - • - 9 - - -
Compensation Plan. Those employees who do not elect any coverage will receive an
additional $71.15 per pay period into their Deferred Compensation Plan.
20.24 Effective January 1, 2015, the medical insurance and the City's contribution to the premium
is as follows:
All employees are offered medical insurance for themselves and dependents through
Ca1PERS-Medical Plans. Effective January 1, 2015, the City shall pay 100% premium for
the employee's family category (Family, Employee+l, Single) for the lowest cost PERS
HMO available in Lodi's geographical area (excluding PORAC) as of January 1, 2014.
Employees will pay all costs for plans costing more than the amount paid by City.
Effective January 1, 2018, the City shall pay a monthly maximum of the following for
each family category:
$1,794.51 per 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 - - .. aives medical insurance through the
City of Lodi, an additional:
15
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
$692.81 per month for family
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In order to
qualify for this provision, proof of group insurance must be provided to the City.
Employees will pay one hundred percent (100%) of the change in medical costs
beginning January 2015. The baseline will be the January 2014 lowest cost PERS HMO
for the employee's family category ($657.33 for Single, $1,314.66 for Employee +1,
$1709.06 for Family.)
20.35 Employees shall be eligible for medical insurance the first day of the month following the
date the employee becomes a full-time regular employee of the City.
20.46 Only one family member may carry employee and dependent coverage of City sponsored
medical insurance. The City will reimburse the employee for co-insurance payments on a
quarterly basis.
20.7 During term of MOU, the City and IBEW will meet and confer over whether to adopt a
cafeteria plan, and if so, then over its terms. It is the City's intent to examine on a city wide
basis possible adoption of a cafeteria plan. Meeting over this issue may be conducted
between the City and a coalition of City bargaining units, including the IBEW. In absence of
mutual agreement, the current terms of this MOU will remain in effect.
ARTICLE XXI - RETIREMENT
21.1 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:
Miscellaneous 2% @ 55 plan:
• 1957 Survivors Benefit
• Third Level 1959 Survivors Benefit (Section §21573)
• Improved Non -Industrial Disability Allowance (Section §21427). Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a
maximum 50% benefit.
• Post -Retirement Survivor Allowance (Section §21624)
• Credit for Unused Sick Leave (Section §20965)
• Military Service Credit as Public Service (Section §21024)
• Effective January 1, 2015, employee shall pay the full employee share of retirement
costs as calculated by PERS (7%) in its annual actuarial valuation. The City will pay
all of the employer's contribution.
16
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
21.2 Employees shall receive the following retirement benefits for employees deemed to be
"new" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA):
Miscellaneous 2% @ 62 plan:
• 1957 Survivors Benefit
• Third Level 1959 Survivors Benefit (Section §21573)
• Improved Non -Industrial Disability Allowance (Section §21427). Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a
maximum 50% benefit.
• Post -Retirement Survivor Allowance (Section §21624)
• Credit for Unused Sick Leave (Section §20965)
• Military Service Credit as Public Service (Section §21024)
• Effective January 1, 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.
21.3 The City agrees, at the employee's request, to provide an exit meeting for employees who
will be retiring. 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
CaIPERS benefit estimates; service and disability retirements, employee association options,
and any other benefits the employee is entitled to.
ARTICLE XXII - SICK LEAVE CONVERSION
22.1 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
each year that an employee has been employed in excess of 10 years, 2 1/2% 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 .75 X $24.64 = $33,264.00
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
reduced 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 program, the surviving dependents have an interest in one-half of the
17
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
value of the bank as calculated in section 22.1. In accordance with the sick leave conversion
provisions, a surviving spouse may, at his/her own expense, continue medical insurance at
the employee only premium.
22.3 A surviving spouse of an unvested employee may, at his/her own expense, continue to
purchase medical insurance at the appropriate rate for a period of time equal to the time the
employee worked for the City.
22.4 A retired employee may choose to receive a cash settlement for unused sick leave at the rates
of $.30 on the dollar. Under this provision, employee's sick leave balance at the time of
retirement shall be converted to dollars at the employee's current rate of pay.
22.5 Represented employees who retire on a service retirement shall have the option of
purchasing, at the employee's cost, additional medical insurance for the employee and his/her
spouse sufficient to reach age 65.
22.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the
City's liability as specified in Section 22.1.
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 benefit 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 three 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."
ARTICLE XXIII - VISION INSURANCE
23.1 The City agrees to provide a vision care plan, equivalent to the VSP Plan B, with a $25.00
deductible for the employee and dependents; the entire premium to be paid by City.
ARTICLE XXIV — FLEXIBLE SPENDING ACCOUNT
24.1 The City will maintain a pre-tax "flexible spending account" to conform to IRS regulations
to be used for premium contributions, dependent care and/or un -reimbursable medical
payments for unit members. 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 final filing date, if left unclaimed.
18
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
Chapter 4. Safety
ARTICLE XXIV - SAFETY
24.1 The City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to insure this, such steps to include
but not be limited to:
1. conducting frequent inspections of job site operations;
2. taking necessary steps to protect against job hazards, both unsafe physical conditions,
including 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 of the 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.
24.2 The IBEW will cooperate with the City in providing speakers and materials for safety
meetings.
24.3 The Electric Utility Department shall hold safety meetings for all employees at least once a
quarter. Where it is unreasonable to bring all employees together at one time, these meetings
may be by sections. If because of shift work some personnel cannot participate even in
section meetings, they shall be given copies of the minutes of appropriate meetings.
24.4 Each employee shall be provided with on-the-job training first aid. This program shall
include refresher training at 3 -year intervals.
24.5 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 Superintendent after consultation with the IBEW. The committee shall be
free to schedule 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
supervisor may be named to accompany the committee, but he/she is not to influence its
findings.
24.6 The City, through its supervisors, shall act promptly to correct any unsafe conditions that
may be reported by the committee.
19
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
24.7 The City agrees to provide safety glasses up to a maximum cost of $251.00 per pair as
required. A maximum of two pair of safety glasses will be provided by the City during
employment except as indicated in sections 24.9.2 and 24.10 below.
24.8 All prescription safety glasses shall be purchased or serviced within the City of Lodi.
Employees shall have their choice of any local optometrist. The employee shall pay
directly to the optometrist any fees for prescription examination or related extra charges.
24.9 Prior to issuance of a replacement pair of prescription safety glasses for payment by the
City, the employee shall discuss with and receive approval from the immediate
supervisor and department head. The criteria for issuance of a replacement pair of safety
glasses are as follows:
1. If safety glasses are damaged due to an accident on the job, the safety glasses will
be replaced and paid for by the City.
2. If safety glasses are lost or damaged off the job, the employee will pay the total
amount for replacement.
3. If an employee requires a change of prescription for safety glasses, the employee
must submit a written statement from the eye doctor stating that the prescription
change is necessary.
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 a determination of cost has been made by the City:
1. Where the city would be required to replace issued safety glasses due to abuse by
the employee.
2. Failure on the part of an applicable employee to wear or utilize 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
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
Chapter 5. Work Hours, Schedules, Meals
ARTICLE XXV - HOURS
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.
• The work week shall be defined to begin and end each Friday at 11:00 a.m.
• The alternate work schedule (9-80) 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 of service 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.
21
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
• The Utility ServiceElectric Distribution Operators will not participate in the
alternate 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.
ARTICLE XXVI - INCLEMENT WEATHER
26.1 The City will not require work on electric lines or outdoor substations (other than operating
functions) in inclement weather, except in cases of emergencies. When employees are
prohibited from performing their regular duties because of inclement weather, the City will
provide work which can be performed under protection from the weather. Emergencies shall
be deemed situations requiring work to prevent risk to life or property or to maintain or
restore continuity of regular service to the public.
ARTICLE XXVII - MEALS
27.1 When required to work overtime, employees will be granted a $25.00 meal allowance. One
hour of pay will be provided in instances where a meal is missed.
When the City requires an employee to perform non -prearranged work on a work day
beginning more than one hour prior to the start of the normal work day, the City will provide
such employee with a meal allowance. Such meal allowance shall be considered
implemented two hours after reporting to work. The City shall continue to provide meal
allowances at four-hour intervals until the first such meal allowance falls within the normal
work day, then only one subsequent meal allowance shall be allowed. The time taken to
consume such meal 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 -prearranged work on a work day
extending the normal work day by two or more hours, the City 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.
27.2 When the City requires an employee to perform non -prearranged work on non -work days,
the City will provide meal allowances at intervals of four hours. The first meal allowance
shall be four hours 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 BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
27.3 When an employee is required to perform prearranged work on non -work days during
regular work hours, the employee shall observe the lunch arrangements which prevail on the
normal work days. If such work continues after regular work hours, the City shall provide
meal allowances in accordance with the provisions of Section 27.1.
27.4 If the City requires an employee to perform prearranged work starting two or more hours
before regular work hours on work days or non -work days and such employee continues to
work into regular work hours, the employee shall provide for one meal on the job. The City
shall provide meal allowances for other meals as required by the duration of the work period.
The meals provided for in this section shall be eaten at approximately the usual times
therefore and 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 regular work hours on a work day and such work is completed less than one hour
prior to the beginning of the normal work day, the City shall provide a meal allowance. The
time taken to consume any such meal shall be at the City's expense.
27.6 If the City requires an Electric Troubleshooter, Senior Electric
TroubleshooterTroubleshooting Supervisor or Utility ScrviceElectric 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 Senior Electric
TroubleshooterTroubleshooting Supervisor during the week of standby duty as follows:
On a Normal Workday
1. 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 Standby
An Electric Troubleshooter or Senior Electric TroubleshooterTroubleshooting 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 prearranged work shall mean that the employee was notified
of the work prior to the end of the preceding work day.
ARTICLE XXVIII - TROUBLE TRUCK
28.1 SHIFT SCHEDULES
23
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
The service truck (trouble truck) will normally be staffed with an Electric Troubleshooter or
a Senior Electric TroubleshooterTroubleshooting Supervisor on a rotational shift basis. One
of two shift schedules can be utilized based on the 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, Senior TroubleshootersTroubleshooting Supervisor, and the Electric Utility
Director.
28.2 ELIGIBILITY
To be eligible and to remain eligible for the position of Electric Troubleshooter or Senior
Electric TroubleshooterTroubleshooting Supervisor, the employee must be able to respond to
the center of Lodi (City 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 Senior Electric
TroubleshooterTroubleshooting 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 Senior Electric TroubleshooterTroubleshooting Supervisor
scheduled for late shift and/or standby duty is unable to report for work, the Electric
Troubleshooter or Senior Electric TroubleshooterTroubleshooting 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 Senior Electric TroubleshooterTroubleshooting
Supervisor "scheduled to work the following 'late shift'," as used in the above relief
procedure, is unable to cover the shift or parts thereof, the Electric Troubleshooter or Senior
Electric Troubleshooter Troubleshooting Supervisor scheduled to work the preceding 'late
shift' shall cover the shift or parts thereof.
If no Electric Troubleshooter or Senior Electric TroubleshooterTroubleshooting 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
24
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 2017 2018
If the Electric Troubleshooter or Senior Electric TroubleshooterTroubleshooting Supervisor
scheduled for work on Saturday is unable to report for work, work will not be performed.
The Electric Troubleshooter or Senior Electric TroubleshooterTroubleshooting Supervisor
scheduled to work the following 'late shift' will have standby duty all Saturday.
ARTICLE XXIX — ELECTRIC DISTRIBUTIONUTILITY SERVICE OPERATOR RELIEF
PROCEDURE
SINGLE -SHIFT PLAN
29.1 Requests for leave, other than an emergency, shall be submitted for approval a minimum of
five (5) working days prior to the first day of the requested leave. The shift of the operator
on leave shall be filled as follows:
A. Full Shift(s)
The Relief Operator will resume the operator's shift(s) on the operator's first "Regular
Day Off' prior to the leave, and continue working the shift(s) until the last day of the
operator's requested leave, i.e. last day of shift(s). At this time, the Relief Operator will
assume his/her regular schedule.
B. Less than a full shift, including Thursdays. (Overlap day)
1. The Relief Operator will shift his/her hours to cover the leave Monday
through Wednesday.
2. Thursday shift will be covered by the Utility ServiceElectric Distribution
Operator scheduled to work the following weekend. (Thursday through
Sunday)
3. If the regularly scheduled weekend Utility Service Electric Distribution
Operator is unable to report for work on Thursday or has taken scheduled
leave, the shift shall be covered by the Relief Operator regularly scheduled
for that week.
4. Weekend leave (Friday, Saturday and Sunday) shall be covered by the
"Regular Day Off' Utility Department Operations Division employee with
the least 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
counted 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.
When 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.
25
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
ARTICLE XXX
PROCEDURE
UTILITY SERVICEELECTRIC DISTRIBUTION OPERATOR
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 Troubleshooter or Senior Electric TroubleshooterTroubleshooting Supervisor to the
scene and he/she will investigate the problem. If the Electric Troubleshooter determines that
an Utility ScrviccElectric Distribution Operator is necessary, he/she will contact the
answering service and request that the Standby Utility ServiceElectric Distribution Operator
be called. The Electric Troubleshooter will be in radio contact with the answering service at
all times. In addition, the Electric Troubleshooter will be provided a pager which the
answering service can operate.
Once the Standby Utility ServiceElectric 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 effect, i.e. Utility ScrviccElectric Distribution
Operator requests additional people, conducts switching, prepares service tickets, maintains
system log, etc. The Utility ServiccElectric Distribution Operator or Relief Operator will
remain on duty until the system is back in a "normal" status, before control again is turned
over to the answering service.
The Electric Troubleshooter or Senior Electric Troubleshooter 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 Senior Electric Troubleshooter Troubleshooting Supervisor, found to be
an "SNP", will be turned on by the Electric Troubleshooter or Senior Electric Troubleshooter
Troubleshooting 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 to the answering service. The answering service will call out appropriate
personnel, based on a call -out list provided by the respective departments. An intrusion
alarm at the Operations Center shall 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 Utility ScrviccElectric Distribution Operator will
remain on duty. The Utility ServiceElectric Distribution Operator will likewise remain on
duty until all trouble calls are completed, alarms cleared and the system is in a "normal"
status, before transferring control to the answering service unless otherwise directed by a
supervisor. When transferring control to the Utility ScrviccElectric Distribution Operator or
Relief Operator, the answering service will advise as to current status.
26
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 2017 2018
Chapter 6. Association/City Issues
ARTICLE XXXI - CHANGES IN MEMORANDUM OF UNDERSTANDING
31.1 The parties agree to reopen this MOU and to renew Meeting and Conferring on the subjects
set forth herein during the term of this MOU only in the event that any provision of this
MOU is modified by statute, applicable regulation or by order of court in such a way as to
affect either the employees or the City. In such event, all remaining provisions of the MOU
would continue in full force and effect unless and until they were also modified by statute,
applicable regulation or order of court or agreement of the parties.
31.2 In the event that a court of competent jurisdiction declares invalid or unenforceable any
provision of this MOU, the remaining provisions shall continue in full force and effect.
ARTICLE XXXII - CITY RIGHTS
32.1 It is further understood and agreed between the parties that nothing contained in this MOU
shall be construed to waive or reduce any rights of the City, which include, but are not
limited to the exclusive rights:
to determine the mission of its constituent departments, commissions and boards;
to set standards of service; to determine the procedures and standards of selection for
employment;
to direct its employees;
to maintain the efficiency of governmental 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.
City rights also include the right to determine the procedures and standards of selection for
promotion, to relieve employees from duty because of lack of work or other legitimate
reasons, to take disciplinary action, and to determine the control of job classifications;
provided, however, that the exercise by the City of the rights in this paragraph does not
preclude employees or their recognized employee organizations from filing grievances
regarding the practical consequences that decisions on such matters may have on wages,
hours or terms and conditions of employment.
27
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
ARTICLE XXXIII - DEMOTION AND LAYOFF
33.1 The City 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 event will such employees be given less than one pay period notice of
layoff When probationary employees are to be laid off, no notice of layoff is
required. Layoff in all cases due to lack of work will be determined by an
employee's length 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 previously held the 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 journeyman/journeywoman displaces an apprentice, he/she shall continue to
be paid as a journeyman/journeywoman.
ARTICLE XXXIV - DRUG AND ALCOHOL POLICY
34.1 It is the mutual desire of both parties to have and maintain a drug and alcohol free work
environment.
ARTICLE XXXV - EMPLOYEE REPRESENTATION
35.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered into
between representatives of the City of Lodi (hereinafter referred to as City) and
representatives of the International Brotherhood of Electrical Workers, Electric Utility Unit,
Local 1245 (hereinafter referred 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
Government Code of the State of California, and further acknowledge and agree that all
matters upon which the parties reached agreement are set forth in this MOU. If the City
intends to change a matter within the scope of representation under the Meyers-Millias-
Brown Act (MMBA) 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
IBEW's 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
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
The terms and conditions of this MOU are applicable to those employees represented by
IBEW. Those classifications are as follows:
• Construction/Maintenance Supervisor
• Distribution Planner
• Electric Apparatus Mechanic
• Electric Distribution Operator I
• Electric Distribution Operator II
• Electric Distribution Operator Supervisor
• Electric Foreman/Forewoman
• 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 Electric Troubleshooter
• Senior Electrical Technician
• Substation Technician
• Substation/Metering Supervisor
• Troubleshooting Supervisor
• Utility Equipment Specialist
• Utility Service Operator I
• Utility Service Operator II
• Utility Service Operator Relief
The terms and conditions of this MOU are applicable to the above -enumerated classes which
constitute the Unit represented by the IBEW.
35.2 The City and the IBEW mutually agree that the City shall grant dues deduction to City
employees who are members of the IBEW, 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 and Regulations to Implement Provisions of the Employee -Employer
Relations Resolution."
The IBEW shall indemnify, defend and hold the City harmless against any claims made and
against any suit instituted against the City on account of check -off of said employee
29
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
organization's dues. In addition, the IBEW shall refund to the City any amounts paid to it in
error upon presentation of supporting evidence.
35.3 For purposes of continued certification of Local 1245, IBEW as the recognized employee
organization for this unit, employees who are members or hereafter become members shall
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.
35.4 Changes in the IBEW membership dues rate shall be certified to the City in writing over the
signature of the Business Representative. The change will be implemented as soon as
practicable, but in no event later than thirty (30) days after the notification.
35.5 The City and the IBEW agree and understand that if any section of the MOU in any way
conflicts with the terms and conditions of employment stated in other authorities, such as
personnel rules, administrative policy and procedure manual, city resolutions, or city
ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is
silent on any issue, the applicable document (i.e. policy manual) is controlling.
35.6 UNION SECURITY
1. INTRODUCTION
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
employment and within ninety days of his/her date of hire, become a
member of the Union, or pay the Union a service fee in an amount not to
exceed periodic dues and 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.
B. Any employee of the City of Lodi in a classification represented by the
Union who, on March 1, 2003, was 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.
C. Any City of Lodi employees who permanently fill an IBEW-represented
position after March 1, 2003, are subject to the agency shop/conscientious
30
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
objector fee provisions whether or not they had been a City of Lodi
employee prior to March 1, 2003.
D. Part-time, on-call employees are not required to join the Union or pay a
representation fee.
3. RELIGIOUS OBJECTIONS
Any employee who is a member of a bona fide religion, body, or sect which has
historically held conscientious objections to joining or financially supporting
public employee organizations shall not be required to join or financially support
the organization. Such employee shall, in lieu of periodic dues or agency shop
fees, pay sums equal to said amounts to a non -religious, non -labor charitable fund
exempt 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
exemption from the requirements of financial support to the Union and as a
condition of continued employment.
4. 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, and to all bargaining unit employees, a detailed written financial
report for the fiscal year ending the preceding December 31, in the form of
a balance sheet and an operating statement, certified as to its accuracy by
its president and the treasurer or corresponding principal officer, or by a
certified 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 court of competent jurisdiction, and any other applicable legal
authority. The Union's duty in this regard includes verification of compliance
with the Hudson notice requirements related to the fair share amount of the
agency fee.
C. Hold Harmless: The Union agrees to indemnify and hold the City of Lodi
harmless against any and all liability including but not limited to such
items as wages, damages, awards, fines, court costs, and attorney fees
which may arise by reason of the result of the operation of this Article.
5. CHANGE OF LAW
In the event there is a change in the law whereby any provision hereof becomes
invalid or if for any reason any provision of this Article is rendered unlawful by
any published appellate court decision, the parties hereto shall meet -and -confer
within thirty (30) days to negotiate a substitute provision which conforms to said
law or court decision.
31
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
6. DISCIPLINE 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
service fee pursuant to subsections 2 and 3 above, specifying the current
amount of the delinquency, and warning the employee that unless such
service fee, or payment in lieu of service fee, is tendered within thirty (30)
calendar days, the employee will be reported to the City of Lodi for
termination as provided in this Article; and
B. The Union has furnished the City of Lodi with written proof that the
procedure of subsection 6.A, above has been followed, or has supplied the
City with a copy of the letter sent to the employee and notice that he/she
has not complied with the request. The Union must further provide, when
requesting the City of Lodi to terminate the employee, the following
written notice:
"The Union certifies that (Employee's Name) has failed to tender
the agency shop service fee, or payment in lieu of service fee, required as a
condition of employment under this Agreement and that under the terms thereof,
the City of Lodi shall terminate 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 (hereinafter "successors") of the City. In consideration of the
IBEW' s execution of this agreement, the City promises that its operations covered by this
Agreement, or any portion thereof, shall not be sold, conveyed, transferred, leased or
assigned to, or consolidated, 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 notify the IBEW of any proposed sale, conveyance, transfer, lease,
assignment, consolidation or merger and to provide, and continue to provide any and all
information about the sale, conveyance, transfer, lease, assignment, consolidation or
merger, including a copy of the proposed legal document setting forth the transaction in
request. Such notification and information shall be provided at the earliest time possible,
but in any event, at least sixty (60) days prior to the effective date of any agreement
between the City and the proposed successor.
If the City: 1) Fails to timely notify the IBEW and provide the required information; 2)
Fails to allow an IBEW representative to be present at negotiations involving the
transaction in question; or 3) Fails to secure an enforceable agreement of the successor to
assume the City's obligations under this Agreement, the City shall be liable to the IBEW
32
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
and to the bargaining unit employees covered by this Agreement for any and all damages
sustained by the IBEW and the bargaining unit employees for such failure.
ARTICLE X XXVI- - GRIEVANCE PROCEDURE
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
clarifications executed by IBEW and City.
B. Discharge, demotion, suspension, or discipline of an individual employee.
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
D. Disputes which may be of a "class action" nature filed on behalf of the IBEW
or the City.
36.2 Class action grievance will be in writing from the Business Representative to the City
Manager or vice versa.
36.3 STEP ONE
Discussion between the employee, the Shop Steward and/or Business Representative and the
Division Head or designated Supervisor directly involved, who will answer within fifteen
work days. This step shall be taken within thirty days of the date of the action complained
of, or the date the grievant became aware of the incident which is the basis of the grievance.
36.4 STEP TWO
If a grievance is not resolved in the initial step, the Step Two shall be a discussion between
the employee, 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 days of
the date of the immediate Supervisor's answer in Step One.
36.5 STEP THREE
If a grievance is not resolved in the Step Two, a committee will be called to investigate the
factual basis of the grievance. The committee shall consist of a representative of the City
Manager, the departmental supervisor, the Department Shop Steward and Business
Representative. Step Three shall be 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
grievance, in writing, by the Business Representative to the City Manager, who shall answer,
33
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
in writing, within fifteen work days of receipt 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 City Manager, arbitration shall be the final step of
appeal for grievances and discipline. It is agreed by both parties that the decision of the
arbitrator is binding and final on both parties and that if this procedure is utilized all other
avenues of appeal are waived. If arbitration is chosen the City must be notified within
fifteen calendar 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 to by the parties, the parties shall meet to select an impartial arbitrator. If no
agreement is reached at this meeting, the parties shall immediately and jointly request the
State Conciliation and Mediation Service to submit to them a panel of five arbitrators from
which the City and the IBEW shall alternately strike names until one name remains; this
person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide
a list of five arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as possible, the following
guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a
decision, opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
c. There shall be no official transcript required; however, either party
may utilize a court reporter at its own sole expense. The cost of a
court reporter required by an arbitrator shall be shared equally by the
parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is
sought and shall outline the MOU provisions governing arbitration. It
may contain mutually agreed on stipulations of fact and it may be
accompanied by any documents that the parties mutually agree shall
be submitted to the arbitrator in advance of the hearing which may
not necessarily be stipulations of fact. Further, if the parties mutually
agree, the entire matter may be submitted to arbitration for review
without hearing. Absent agreement to prepare a joint letter, the
parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses,
issue opening and closing statements, and file written closing briefs.
Testimony shall be under oath or affirmation.
34
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
g.
The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses
normally would be present at the hearing only while testifying and
should be permitted to testify only in the presence of the employee or
his/her representative and the employer's representative.
The arbitration hearing shall be held on the employer's premises.
J•
The cost of arbitration shall be borne equally by the parties.
However, the cost, if any, of cancellation or postponement shall be
the financial responsibility of the party requesting such delay, unless
mutually agreed by the parties.
The decision, opinion, or award shall be based on the record developed by the parties before
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 modify the terms of the MOU or the
written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she
impose any limitations or obligations not specifically provided for under the terms of the
MOU. The arbitrator shall be without power or authority to make any decision that requires
the City or management to do an act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
36.8 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 or 36.7 will result in forfeiture by the failing party. Except,
however, that the aforementioned time limits may be extended by mutual agreement.
Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU,
nor shall such settlements be cited by either party as evidence in the settlement of subsequent
grievances.
36.9 Employees may have documents relating to absenteeism and disciplinary actions removed
from their personnel files if the incident prompting the action took place twenty-four months
or more previous and no incident of a similar nature has occurred in the interim.
ARTICLE XXXVII — DISCIPLINARY PROCEEDINGS
37.1 The City Manager, Department Head, or designee may take disciplinary action against an
employee.
37.2 The considerations used in determining the type of disciplinary action shall be considered on
a case-by-case basis. Such considerations shall include, but not be limited to: the
35
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
employee's work history and performance record; the nature and severity of the infraction;
degree of orientation; and any extenuating factors.
37.3 The types of disciplinary action that may be taken shall include but not be limited to oral
reprimands, written reprimands, demotions, suspensions, reductions in pay and dismissal
from employment.
37.4 The City of Lodi practices a progressive disciplinary process. The process is subject, but not
limited to the considerations 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,
concurrently, 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 of appeal.
37.6 The following may be causes for disciplinary action. The purpose of specifying 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 availability 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.
36
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a verdict
of guilty, or a conviction following a plea 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.
I. Soliciting outside work for personal gain during the conduct of city 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 city work performance;
or conducting personal business on city time.
J. 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.
L. 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.
N. 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.
0. 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.
P. Inefficiency, 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.
Q.
Refusal or inability to improve job performance in accordance with written or verbal
direction after a reasonable trial period.
R. Refusal to accept and carry out reasonable and proper assignment from an authorized
supervisor.
S. Possession or use of controlled substances or alcohol on city property and/or at the
worksite.
T. 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.
37
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
V. Careless, negligent, or improper use of city property, 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.
X. Participation in an illegal strike, work stoppage, slowdown, or other job action against
the city.
Y. Inability 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.
ARTICLE XXXVIII - MUTUAL CONSENT CLAUSE
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.
ARTICLE XXXIX - No STRIKES
38
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
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.
ARTICLE XL - POLICY MANUAL
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.
ARTICLE XLI - PROBATIONARY PERIOD
41.1 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 his/her 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:
1) Vacation Leave - see Article XIV for vacation schedule
2) The use of the Grievance Procedure to grieve termination.
3) The City 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 City 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.
ARTICLE XLII - REST PERIOD
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
39
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
beginning of his/her 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
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.
42.2 There shall be included as part of the hours worked at the overtime rate in any qualifying
period any meal time to which the employee is entitled when emergency or prearranged
work is performed, except that any meal time to which he/she 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 at the 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/her 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 Utility ServiceElectric Distribution Operator,
assigned to the swing shift works four or more hours during the previous day shift and
40
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
completes his/her regularly scheduled shift, the first 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 XXVII.
ARTICLE XLIII — MISCELLANEOUS
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 filling positions; outside contractors are performing work in the IBEW
bargaining unit and cross -training is in effect. The City of Lodi agrees to notify 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:
■ Contract Workers will be referred 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 Local 1245.
■ 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.
41
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
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.
In such circumstances, the City of Lodi and the IBEW shall then meet to study and
endeavor to adopt appropriate solutions.
ARTICLE XLIV - TERM
44.1 This MOU covers the period from January 1, 2018May 1, 2011 through December 31,
20182017.
Effective January 1, 2018May 1, 2011, and except as provided herein, the Memorandum of
Understanding ("MOU") between Local 1245, International Brotherhood of Electrical
Workers, Electric Utility Unit ("IBEW") and the City of Lodi ("City") shall cover the period
January 1, 2018May 1, 201'1 to December 31, 20187, 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.
The notice of modification or termination shall be accompanied by the proposed changes and
negotiations thereof shall commence within thirty (30) days thereafter.
44.2 The parties mutually agree to commence negotiations no later than three (3) months prior to
the expiration of the MOU.
42
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2014 _ 2017 2018
ATTACHMENT A
Salary Schedule Effective 05/01/2014
Classification
Step A
Step B
Step C
Step D
Step E
Construction/Maintenance Supervisor
$ 7,881.81
$ 8,274.24
$ 8,688.33
$ 9,123.75
$ 9,578.57
Distribution Planner
$ 7,163.35
$ 7,522.15
$ 7,898.28
$ 8,293.83
$ 8,707.57
Electric Foreman/Forewoman
$ 7,163.35
$ 7,522.15
$ 7,898.28
$ 8,293.83
$ 8,707.57
Electric Groundworker
$ 4,924.40
$ 5,170.53
$ 5,428.80
$ 5,700.93
$ 5,985.20
Electric Lineman/Linewoman
$ 6,227.87
$ 6,539.52
$ 6,868.16
$ 7,210.67
$ 7,572.76
Electric Line Apprentice I
$ 5,126.34
$ 5,382.66
$ 5,651.79
$ 5,934.38
$ 6,231.10
Electric Line Apprentice II
$ 5,652.05
$ 5,932.33
$ 6,231.16
$ 6,543.33
$ 6,872.49
Electric Materials Technician
$ 5,576.01
$ 5,854.81
$ 6,147.56
$ 6,454.93
$ 6,777.68
Electric Troubleshooter
$ 6,374.51
$ 6,693.96
$ 7,027.80
$ 7,380.53
$ 7,749.73
Electrical Drafting Technician
$ 5,248.19
$ 5,510.96
$ 5,785.69
$ 6,075.33
$ 6,379.19
Electrical Technician
$ 6,924.84
$ 7,270.99
$ 7,634.47
$ 8,016.15
$ 8,417.24
Electrician
$ 6,163.92
$ 6,470.84
$ 6,793.88
$ 7,133.46
$ 7,491.67
Metering Technician
$ 6,693.79
$ 7,029.19
$ 7,380.53
$ 7,749.73
$ 8,136.79
Senior Electric Troubleshooter
$ 7,013.59
$ 7,364.07
$ 7,730.67
$ 8,118.59
$ 8,523.15
Senior Electrical Technician*
$ 7,631.35
$ 8,013.38
$ 8,413.26
$ 8,834.68
$ 9,275.80
Utility Equipment Specialist
$ 5,416.15
$ 5,687.76
$ 5,972.89
$ 6,270.68
$ 6,584.93
Utility Service Operator I
$ 5,851.56
$ 6,144.15
$ 6,451.81
$ 6,773.52
$ 7,113.08
Utility Service Operator II
$ 7,021.91
$ 7,371.00
$ 7,742.45
$ 8,128.29
$ 8,536.49
Utility Service Operator- Relief
$ 7,725.29
$ 8,111.31
$ 8,516.91
$ 8,942.44
$ 9,389.64
* salary includes the 7.2% increase
43
I. B. E. W. - LOCAL 1245 CITY OF LODI
ELECTRIC UTILITY UNIT A MUNICIPAL CORPORATION
Tom Dalzell Stephen Schwabauer
Business Manager, IBEW Interim City Manager
Date: Date:
Sheila Lawton Andrew Keys
Business Agent, IBEW Deputy City Manager
Date: Date:
Rod Brown Adele Post
Utility Service Operator Human Resources Manager
Date: Date:
Jeff Norwood
Electric Foreman
Date:
Date:
Attest:
Jennifer M. Ferraiolo
City Clerk
Date:
RESOLUTION NO. 2018-185
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE MEMORANDUM OF UNDERSTANDING WITH THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS EFFECTIVE JANUARY 1, 2018 THROUGH
DECEMBER 31, 2018
WHEREAS, representatives from the City and the International 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:
• Term: January 1, 2018 to December 31, 2018;
• Increase 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
• Eliminate the requirement of a Class A driver's license for some job classifications.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and 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
NIFERL . FERRAIOLO
City Clerk
2018-185
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF LODI
AND
LOCAL 1245
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
ELECTRIC UTILITY UNIT
January 1, 2018 to December 31, 2018
Table of Contents
CHAPTER 1. SALARIES AND OTHER COMPENSATION
Article I Compensation for Illness or Injury Incurred in Course of employment...... f
Article II Court Appearances/Jury Duty 1
Article III Overtime 2
Article IV Salary 4
Article V Standby Duty 6
Article VI Temporary Upgrade 8
Article VII Tools and Uniforms 8
Article VIII Tuition Reimbursement 9
CHAPTER 2. LEAVES
Article IX Catastrophic Leave 10
Article X Bereavement Leave 10
Article XI Holidays 11
Article XII Leave of Absence 11
Article XIII Sick Leave 12
Article XIV Vacation 12
CHAPTER 3. INSURANCE AND RETIREMENT
Article XV Chiropractic Coverage 13
Article XVI Deferred Compensation 13
Article XVII Dental Insurance 13
Article XVIII Life Insurance 13
Article XIX Long Term Disability 13
Article XX Medical Insurance 14
Article XXI Retirement 15
Article XXII Sick Leave Conversion 16
Article XXIII Vision Insurance 17
CHAPTER 4. SAFETY
Article XXIV Safety 18
CHAPTER 5. WORK HOURS, SCHEDULES, MEALS
Article XXV Hours 20
Article XXVI Inclement Weather 21
Article XXVII Meals 21
Article XXVIII Trouble Truck 22
Article XXIX Electric Distribution Operator Relief Procedure Single Shift Plan 24
Article XXX Electric Distribution Operator Procedure 25
CHAPTER 6. ASSOCIATION/CITY ISSUES
Article XXXI Changes in Memorandum of Understanding 26
Article XXXII City Rights 26
Article XXXIII Demotion and layoff 27
Article XXXIV Drug and Alcohol Policy 27
Article XXXXV Employee Representation 27
Article XXXVI Grievance Procedure 31
Article XXXVII Disciplinary Proceedings 34
Article XXXVIII Mutual Consent Clause 37
Article XXXIX No Strikes 37
Article XL Policy Manual 38
Article XLI Probationary Period 38
Article XLII Rest Period 38
Article XLIII Miscellaneous 40
Article XLIV Term 41
Attachment A Salary Schedule 42
City of Lodi
And
International Brotherhood of Electrical Workers
January 1, 2018— December 31, 2018
Chapter 1. Salaries and Other Compensation
ARTICLE I - COMPENSATION FOR ILLNESS OR INJURY INCURRED IN
COURSE OF EMPLOYMENT
1.1
The City 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 submitted. The
employee's regular deductions shall be made from the amount paid by the City.
ARTICE,I? II - COURT APPEARANCES JURY DUTY
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 of time if he/she is on
regular duty. If the employee is not on duty, the City agrees to compensate that employee at
one and one-half time his/her regular pay for the time spent in any appearance as required by
this article. As a prerequisite for payment to off-duty employees, the Electric Utility Director
or his/her designee must be notified in writing of the off-duty appearance within seventy-two
hours after the employee is subpoenaed or otherwise notified of the required court
appearance.
2.3 Voluntary grand jury service such as that service in San Joaquin County is not covered by
Jury Duty leave.
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2018
a
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.
ARTICLE III - OVERTIME
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:
1. 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 straight time rate of pay.
Prearranged work shall mean that the employee was notified of the work prior to the
end of the preceding regular workday. All other work shall be considered "non -
prearranged" or "emergency" work.
2. 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 straight
time rate of pay. Any time worked on a holiday will be paid at two times the
employee's rate of pay.
3.2 The City may change the hours of work as stated in 25.1 after consultation with the
employees and the employee organization 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.
3.3 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 prearranged 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.
3.5 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
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
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 first call employees on the list who meet a 20 -minute
response time requirement. The City retains the right to call any qualified City 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. the exchange receives management authorization.
3.8 When, at the request of the supervisor in charge, an employee reports for prearranged work:
1. On work days outside of his/her regular work hours he/she shall be paid overtime
compensation for actual 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 he/she 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.
3.9 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 earned.
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 120 hours. In addition, an
employee may request pay off of any portion of his/her compensation on the first of April,
July and October.
3.11 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.
3.12 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
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
the supervisor feels the workload is such that shorter notice is acceptable, he/she may grant
CTO accordingly.
ARTICLE IV - SALARY
4.1 There will be no cost of living adjustments for the duration of this MOU.
4.2 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.
4.3 Lodi has entered into a separate agreement with the California — Nevada Joint
Apprenticeship Training Committee ("JATC") to provide training for Electric Line
Apprentices.
The Electric Line Apprentice program is intended to be a program of seven steps. An
Electric Line Apprentice I or II will be eligible for consideration for a merit increase
upon completion of 13 pay periods in a step, provided available workload provides
appropriate experience and provided further that the Electric Line Apprentice I or II is
making normal progress in training and testing. The Electric Line Apprentice I or II will
advance from step to step, when the Electric Utility Director or his/her designee
determines that the Electric Line Apprentice I or II has achieved the qualifications
necessary for such advancement and approvals are received pursuant to Lodi policies and
procedures.
An Electric Line Apprentice I or II will be paid when working or training on-the-job in
the field.
An Electric Line Apprentice I or II will be entitled to straight time pay for up to 40 hours
per week and for reasonable expenses in accordance with Lodi policies and procedures,
subject to approval, while training one week per year at JATC's facility. An Electric Line
Apprentice I or II will not be entitled to pay or expenses for weekend training at JATC
facilities.
Apprenticeship classroom training by Lodi personnel or at Lodi facilities will be on paid
time if during normal work -hours or unpaid if outside normal work -hours. Study will
normally be outside of work hours, and without pay, but the Electric Utility Director or
his/her designee may permit limited apprenticeship study during paid work -hours,
workload permitting, typically during inclement weather.
Electric Line Apprentices I or II are on probation at all times while they are classified as
Electric Line Apprentices I or II.
4.4 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
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
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 1, 2018, the following job classifications will no longer required
a Class "A" commercial driver':
Substation Technician
Electric Troubleshooter
Electric Foreman
Metering/Substation Supervisor
Troubleshooting Supervisor
Construction/Maintenance Supervisor
The following employees, who are incumbents in the above listed job classifications,
have agreed to voluntarily maintain their Class "A" 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 "A" commercial driver's license, paid in October of
each year.
Adrian Solis
Ed Fitzpatrick
Brian Henry
Elton Lamborn
Danny Souza
Richard Willett
Miguel Ortiz
Brent Sirkel
Roy Dodgion
Jeff Norwood
Ross Phillips
b. Employees represented by the IBEW and hired after August 1, 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 "A" license employees
will receive $600.00 per year (pro rata to date of issuance of license) for maintaining
a Class "A" license and annually each year thereafter in accordance with City policy.
c. Loss of a valid Class "A" commercial driver's license will result in loss of the
stipend (pro -rated) until such time as the license is reinstated.
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.
ARTICLE V - STANDBY DUTY
5
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
5.1 Employees assigned to standby duty for emergency calls
each standby period as follows:
On work days
On non -work days
On observed holidays
December 24 (When Observed)
Other
Employees
3 hours
4 hours
8 hours
5 hours
shall receive straight time pay for
Electric Distribution
Operators
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 offset). 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 straight 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 situation is the first 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 "Standby Duty Pay" (above) the employee on standby shall be paid at the
rate of one & one half times the straight 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 TROUBLESHOOTER OR TROUBLESHOOTING
SUPERVISOR:
The Standby Electric Troubleshooter or Troubleshooting Supervisor will be the swing -shift
Electric Troubleshooter, going off duty 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
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
standby shall be the 24 hours starting at 0700 hours on the day of the holiday and continuing
to 0700 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.
5.2 Employees assigned to standby duty (example: the Trouble Truck) on an observed holiday
shall 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.
5.3 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/her non -work days; for subsequent calls overtime compensation shall be
paid for his/her actual work as herein provided. For the purpose of this section, concurrent
calls 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.
ARTICLE VI - TEMPORARY UPGRADE
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 10% wage increase while in this status. However, in no event shall the upgrade
pay per hour exceed the "E" step of the classification to which the employee is temporarily
upgraded. 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 City 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 City 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
5% 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 Distribution 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 2018
ARTICLE VII - TOOLS AND UNIFORMS
7.1 The City 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 his/her work in a safe and efficient manner, the City will
provide the following list of basic hand tools, work gloves and equipment:
Skinning knife
Work gloves
Pliers, side cut
Screwdriver, 10"
Safety strap
Utility bag
Ruler, 6', wood
Hammer, claw
Wrench, adjustable 12"
Adjustable (pump) pliers 10"
Safety glasses
Rubber boots
Rain gear
Wrench, adjustable 8" or 10"
7.2 In addition, effective with the first quarterly payment following City Council approval of the
MOU, the City will provide a boot allowance of $500.00 per calendar year to all Electric
Lineman/Linewoman, Electric Foreman/Forewoman, 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 of a regular pay check.
7.3 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 equipment issued to him/her. Tools and equipment lost or damaged through
improper use will be replaced at the employee's expense.
All unsafe, broken or worn out tools will be replaced on an exchange basis.
The City will provide each employee with three pairs of gloves per fiscal year.
7.4 The City shall provide uniforms and laundry service for all field employees that conform to
regulatory standards.
ARTICLE VIII - TUITION REIMBURSEMENT
8.1 Tuition reimbursement will be provided in accordance with the City's current Tuition
Reimbursement Policy.
8.2 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 2018
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
Chapter 2. Leaves
ARTICLE IX - CATASTROPHIC LEAVE
9.1 Catastrophic leave will be provided in accordance with the City's current Catastrophic
Leave Policy.
ARTICLE X - BEREAVEMENT LEAVE
10.1 Regular employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the deceased
may lie in state, the day of the funeral, and the time necessary to travel to and from the
location of the funeral, but not to exceed three working days.
The immediate family shall be limited to an employee's:
spouse parent grandparent
grandparent -in-law parent -in-law child
grandchild son-in-law daughter-in-law
stepchild brother sister
half-brother half-sister foster parents
or a more distant relative who was a member of the employee's immediate household at the
time of death.
10.2 A permanent employee will be permitted to use sick leave, vacation leave, or compensatory
time off to attend the funeral of a person the employee may be reasonably deemed to owe
respect, but not to exceed one day.
10
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS —MOU 2018
ARTICLE XI - HOLIDAYS
11.1 Members of this unit will observe the following holidays:
New Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
*Thanksgiving Day
*Day After Thanksgiving
*Christmas
January 1
3rd Monday in January
4th Monday in May
July 4
1st Monday in September
4th Thursday in November
Friday after the 4th Thursday in Nov.
December 25
*Operations Division employees have until March 31St of the following calendar year in
which to use the last three 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
Wednesday, 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 a 9/80 schedule, and 50 hours for employees working a 4/10 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.
11.2 Employees hired mid -year shall be credited with the remaining fixed holidays in the calendar
year, plus one additional holiday for each seventy-five days remaining in the year.
Employees separating from service mid -year shall have the remaining fixed holidays in the
calendar year plus one additional holiday for each seventy-five calendar days remaining in
the year deducted from their holiday leave balances.
11.3 The City agrees to make cash payment at rate 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
ARTICLE XII - LEAVE OF ABSENCE
12.1 Leaves of Absence will be provided in accordance with the City's current Leave of Absence
Policy.
ARTICLE XIII - SICK LEAVE
13.1 Full-time employees will accumulate sick leave with pay at the rate of 3.70 hours per pay
period.
13.2 Sick leave may be accumulated up to an unlimited amount.
ARTICLE XIV - VACATION
14.1 Employees hired prior to January 1, 1995 shall accrue vacation as follows:
Hours Per
Pay Period
0 through 5 years: 3.08 (10 days per year)
6 through 11 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)
22nd year: 6.78 (22 days per year)
23rd year: 7.09 (23 days per year)
24th year: 7.40 (24 days per year)
25th year & Over: 7.71 (25 days per year)
Employees hired after January 1, 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 responsibility of the individual employee.
12
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
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 earned.
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 LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
Chapter 3. Insurance and Retirement
ARTICLE XV CHIROPRACTIC COVERAGE
15.1 Chiropractic services may be received by employees and dependents through a chiropractic
insurance plan.
15.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the
life of this agreement.
15.3 When any of such individuals changes their chiropractor or the chiropractor becomes a
medical provider under the City's medical plan, they shall utilize the medical plan's list of
providers and shall be subject to the terms and limitations of said plan.
ARTICLE XVI - DEFERRED COMPENSATION
16.1 The City agrees to match up to an employee's 3% contribution to the Deferred
Compensation Program.
ARTICLE XVII - DENTAL INSURANCE
17.1 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.
ARTICLE XVIII LIFE INSURANCE
18.1 A life insurance program providing for two times annual salary to a maximum of $250,000.
Said benefits will reduce with age according to the reduction schedule of the life insurance
carrier. Coverage for dependents will also be provided according to the schedule available
from the carrier. This insurance is only applicable to active employees.
18.2 The City agrees to pay the employee's premiums for the above mentioned life insurance
program.
ARTICLE XIX - LONG TERM DISABILITY
19.1 A long-term disability program which, coordinated with other disability benefits shall
provide a benefit of 66-2/3% to a maximum of $10,000.00 per month of the employee's
14
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
basic monthly earning in the event of disability. 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.
ARTICLE XX - MEDICAL INSURANCE
20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan
available in Lodi through Ca1PERS and the parties shall meet and confer on a replacement plan
offering such an equivalent level of benefits.
20.2
All employees are offered medical insurance for themselves and dependents through
Ca1PERS-Medical Plans.
Effective January 1, 2018, the City shall pay a monthly maximum of the following for
each family category:
$1,794.51 per 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
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In order to
qualify for this provision, proof of group insurance must be provided to the City.
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 City.
20.4 Only one family member may carry employee and dependent coverage of City sponsored
medical insurance. The City will reimburse the employee for co-insurance payments on a
quarterly basis.
15
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
ARTICLE XXI - RETIREMENT
21.1 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:
Miscellaneous 2% @ 55 plan:
• 1957 Survivors Benefit
• Third Level 1959 Survivors Benefit (Section §21573)
• Improved Non -Industrial Disability Allowance (Section §21427). Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a
maximum 50% benefit.
• Post -Retirement Survivor Allowance (Section §21624)
• Credit for Unused Sick Leave (Section §20965)
• Military Service Credit as Public Service (Section §21024)
• Effective January 1, 2015, employee shall pay the full employee share of retirement
costs as calculated by PERS (7%) in its annual actuarial valuation. The City will pay
all of the employer's contribution.
21.2 Employees shall receive the following retirement benefits for employees deemed to be
"new" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA):
Miscellaneous 2% @ 62 plan:
• 1957 Survivors Benefit
• Third Level 1959 Survivors Benefit (Section §21573)
• Improved Non -Industrial Disability Allowance (Section §21427). Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a
maximum 50% benefit.
• Post -Retirement Survivor Allowance (Section §21624)
• Credit for Unused Sick Leave (Section §20965)
• Military Service Credit as Public Service (Section §21024)
• Effective January 1, 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.
21.3 The City agrees, at the employee's request, to provide an exit meeting for employees who
will be retiring. 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
Ca1PERS benefit estimates; service and disability retirements, employee association options,
and any other benefits the employee is entitled to.
16
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
ARTICLE XVII - SICK LEAVE CONVERSION
22.1 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
each year that an employee has been employed in excess of 10 years, 2 1/2% 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 .75 X $24.64 = $33,264.00
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
reduced 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 program, the surviving dependents have an interest in one-half of the
value of the bank as calculated in section 22.1. In accordance with the sick leave conversion
provisions, a surviving spouse may, at his/her own expense, continue medical insurance at
the employee only premium.
22.3 A surviving spouse of an unvested employee may, at his/her own expense, continue to
purchase medical insurance at the appropriate rate for a period of time equal to the time the
employee worked for the City.
22.5 Represented employees who retire on a service retirement shall have the option of
purchasing, at the employee's cost, additional medical insurance for the employee and his/her
spouse sufficient to reach age 65.
22.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the
City's liability as specified in Section 22.1.
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 benefit 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."
17
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
ARTICLE XXIII - VISION INSURANCE
23.1 The City agrees to provide a vision care plan, equivalent to the VSP Plan B, with a $25.00
deductible for the employee and dependents; the entire premium to be paid by City.
ARTICLE XXIV — FLEXIBLE SPENDING ACCOUNT
24.1 The City will maintain a pre-tax "flexible spending account" to conform to IRS regulations
to be used for premium contributions, dependent care and/or un -reimbursable medical
payments for unit members. 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 final filing date, if left unclaimed.
18
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
Chapter 4. Safety
ARTICLE XXIV - SAFETY
24.1 The City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to insure this, such steps to include
but not be limited to:
1. conducting frequent inspections of job site operations;
2. taking necessary steps to protect against job hazards, both unsafe physical conditions,
including 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 of the 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.
24.2 The IBEW will cooperate with the City in providing speakers and materials for safety
meetings.
24.3 The Electric Utility Department shall hold safety meetings for all employees at least once a
quarter. Where it is unreasonable to bring all employees together at one time, these meetings
may be by sections. If because of shift work some personnel cannot participate even in
section meetings, they shall be given copies of the minutes of appropriate meetings.
24.4 Each employee shall be provided with on-the-job training first aid. This program shall
include refresher training at 3 -year intervals.
24.5 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 Superintendent after consultation with the IBEW. The committee shall be
free to schedule 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
supervisor may be named to accompany the committee, but he/she is not to influence its
findings.
24.6 The City, through its supervisors, shall act promptly to correct any unsafe conditions that
may be reported by the committee.
19
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
24.7 The City agrees to provide safety glasses up to a maximum cost of $251.00 per pair as
required. A maximum of two pair of safety glasses will be provided by the City during
employment except as indicated in sections 24.9.2 and 24.10 below.
24.8 All prescription safety glasses shall be purchased or serviced within the City of Lodi.
Employees shall have their choice of any local optometrist. The employee shall pay
directly to the optometrist any fees for prescription examination or related extra charges.
24.9 Prior to issuance of a replacement pair of prescription safety glasses for payment by the
City, the employee shall discuss with and receive approval from the immediate
supervisor and department head. The criteria for issuance of a replacement pair of safety
glasses are as follows:
1. If safety glasses are damaged due to an accident on the job, the safety glasses will
be replaced and paid for by the City.
2. If safety glasses are lost or damaged off the job, the employee will pay the total
amount for replacement.
3. If an employee requires a change of prescription for safety glasses, the employee
must submit a written statement from the eye doctor stating that the prescription
change is necessary.
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 a determination of cost has been made by the City:
1. Where the city would be required to replace issued safety glasses due to abuse by
the employee.
2. Failure on the part of an applicable employee to wear or utilize 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 WORKERS - MOU 2018
Chapter 5. Work Hours, Schedules, Meals
ARTICLE XXV - HOURS
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.
• The work week shall be defined to begin and end each Friday at 11:00 a.m.
• The alternate work schedule (9-80) 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 of service 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.
21
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2018
• The Electric Distribution Operators will not participate in the alternate 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.
ARTICLE XXVI - INCLEMENT WEATHER
26.1 The City will not require work on electric lines or outdoor substations (other than operating
functions) in inclement weather, except in cases of emergencies. When employees are
prohibited from performing their regular duties because of inclement weather, the City will
provide work which can be performed under protection from the weather. Emergencies shall
be deemed situations requiring work to prevent risk to life or property or to maintain or
restore continuity of regular service to the public.
ARTICLE XXVII - MEALS
27.1 When required to work overtime, employees will be granted a $25.00 meal allowance. One
hour of pay will be provided in instances where a meal is missed.
When the City requires an employee to perform non -prearranged work on a work day
beginning more than one hour prior to the start of the normal work day, the City will provide
such employee with a meal allowance. Such meal allowance shall be considered
implemented two hours after reporting to work. The City shall continue to provide meal
allowances at four-hour intervals until the first such meal allowance falls within the normal
work day, then only one subsequent meal allowance shall be allowed. The time taken to
consume such meal 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 -prearranged work on a work day
extending the normal work day by two or more hours, the City 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.
27.2 When the City requires an employee to perform non -prearranged work on non -work days,
the City will provide meal allowances at intervals of four hours. The first meal allowance
shall be four hours 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 BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
27.3 When an employee is required to perform prearranged work on non -work days during
regular work hours, the employee shall observe the lunch arrangements which prevail on the
normal work days. If such work continues after regular work hours, the City shall provide
meal allowances in accordance with the provisions of Section 27.1.
27.4 If the City requires an employee to perform prearranged work starting two or more hours
before regular work hours on work days or non -work days and such employee continues to
work into regular work hours, the employee shall provide for one meal on the job. The City
shall provide meal allowances for other meals as required by the duration of the work period.
The meals provided for in this section shall be eaten at approximately the usual times
therefore and 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 regular work hours on a work day and such work is completed less than one hour
prior to the beginning of the normal work day, the City shall provide a meal allowance. The
time taken to consume any such meal shall be at the City'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 a Normal Workday
1. 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 Standby
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 prearranged work shall mean that the employee was notified
of the work prior to the end of the preceding work day.
ARTICLE XXVIII - TROUBLE TRUCK
28.1 SHIFT SCHEDULES
23
CITY 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 the 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
Troubleshooting Supervisor, the employee must be able to respond to the center of Lodi
(City Hall) within 20 minutes following receipt of a call for service.
28.3 SCHEDULED LEA V I
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 shift'," as used in the above relief procedure, is unable to cover the shift or
parts thereof, the Electric Troubleshooter or Troubleshooting Supervisor scheduled to work
the preceding 'late shift' 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
If the 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 shift'
will have standby duty all Saturday.
24
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
ARTICLE XXIX - ELECTRIC DISTRIBUTION OPERATOR RELIEF PROCEDURE
SINGLE -SHIFT PLAN
29.1 Requests for leave, other than an emergency, shall be submitted for approval a minimum of
five (5) working days prior to the first day of the requested leave. The shift of the operator
on leave shall be filled as follows:
A. Full Sh ift(sj,
The Relief Operator will resume the operator's shift(s) on the operator's first "Regular
Day Off' prior to the leave, and continue working the shift(s) until the last day of the
operator's requested leave, i.e. last day of shift(s). At this time, the Relief Operator will
assume his/her regular schedule.
B. Less than a full shift, including Thursdays. (Overlap day)
1. The Relief Operator will shift his/her hours to cover the leave Monday
through Wednesday.
2. 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 be covered by the Relief Operator regularly scheduled for that
week.
4. Weekend leave (Friday, Saturday and Sunday) shall be covered by the
"Regular Day Off" Utility Department Operations Division employee with
the least 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
counted 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.
When the overtime totals arc 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.
ARTICLE XXX. - ELECTRIC DISTRIBUTION OPERATOR PROCEDURE
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 Troubleshooter or Troubleshooting Supervisor to the scene and he/she will
25
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
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 Distribution Operator be called. The Electric Troubleshooter will be in
radio contact with the answering service at all times. In addition, the Electric Troubleshooter
will be provided a pager 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, ail established operating
procedures take effect, i.e. Electric Distribution Operator requests additional 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
"normal" status, before control again is turned 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 turned on by
the Electric Troubleshooter or Troubleshooting 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 to the answering service. The answering service will call out appropriate
personnel, based on a call -out list provided by the respective departments. An intrusion
alarm at the Operations Center shall 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 "normal" 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 status.
26
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
Chapter 6. Association/City Issues
ARTICLE XXXI CHANGES IN MEMORANDUM OF UNDERSTANDING
31.1 The parties agree to reopen this MOU and to renew Meeting and Conferring on the subjects
set forth herein during the term of this MOU only in the event that any provision of this
MOU is modified by statute, applicable regulation or by order of court in such a way as to
affect either the employees or the City. In such event, all remaining provisions of the MOU
would continue in full force and effect unless and until they were also modified by statute,
applicable regulation or order of court or agreement of the parties.
31.2 In the event that a court of competent jurisdiction declares invalid or unenforceable any
provision of this MOU, the remaining provisions shall continue in full force and effect.
ARTICLE XXXII - CITY RIGHTS
32.1 It is further understood and agreed between the parties that nothing contained in this MOU
shall be construed to waive or reduce any rights of the City, which include, but are not
limited to the exclusive rights:
to determine the mission of its constituent departments, commissions and boards;
to set standards of service; to determine the procedures and standards of selection for
employment;
to direct its employees;
to maintain the efficiency of governmental 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.
City rights also include the right to determine the procedures and standards of selection for
promotion, to relieve employees from duty because of lack of work or other legitimate
reasons, to take disciplinary action, and to determine the control of job classifications;
provided, however, that the exercise by the City of the rights in this paragraph does not
preclude employees or their recognized employee organizations from filing grievances
regarding the practical consequences that decisions on such matters may have on wages,
hours or terms and conditions of employment.
27
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
ARTICLE XXXIII - DEMOTION AND LAYOFF
33.1 The City 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 event will such employees be given less than one pay period notice of
layoff. When probationary employees are to be laid off, no notice of layoff is
required. Layoff in all cases due to lack of work will be determined by an
employee's length 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 previously held the 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 journeyman/journeywoman displaces an apprentice, he/she shall continue to
be paid as a journeyman/journeywoman.
ARTICLE XXXIV - DRUG AND ALCOHOL POLICY
34.1 It is the mutual desire of both parties to have and maintain a drug and alcohol free work
environment.
ARTICLE XXXV - EMPLOYEE. REPRESENTATION
35.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered into
between representatives of the City of Lodi (hereinafter referred to as City) and
representatives of the International Brotherhood of Electrical Workers, Electric Utility Unit,
Local 1245 (hereinafter referred 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
Government Code of the State of California, and further acknowledge and agree that all
matters upon which the parties reached agreement are set forth in this MOU. If the City
intends to change a matter within the scope of representation under the Meyers-Millias-
Brown Act (MMBA) 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
IBEW's 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
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
The terms and conditions of this MOU are applicable to those employees represented by
IBEW. Those classifications are as follows:
• Construction/Maintenance Supervisor
• Electric Apparatus Mechanic
• Electric Distribution Operator I
• Electric Distribution Operator II
• Electric Distribution Operator Supervisor
• Electric Foreman/Forewoman
• 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/Metering Supervisor
• Troubleshooting Supervisor
• Utility Equipment Specialist
The terms and conditions of this MOU are applicable to the above -enumerated classes which
constitute the Unit represented by the IBEW.
35.2 The City and the IBEW mutually agree that the City shall grant dues deduction to City
employees who are members of the IBEW, 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 and Regulations to Implement Provisions of the Employee -Employer
Relations Resolution."
The IBEW shall indemnify, defend and hold the City harmless against any claims made and
against any suit instituted against the City on account of check -off of said employee
organization's dues. In addition, the IBEW shall refund to the City any amounts paid to it in
error upon presentation of supporting evidence.
35.3 For purposes of continued certification of Local 1245, IBEW as the recognized employee
organization for this unit, employees who are members or hereafter become members shall
29
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
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.
35.4 Changes in the IBEW membership dues rate shall be certified to the City in writing over the
signature of the Business Representative. The change will be implemented as soon as
practicable, but in no event later than thirty (30) days after the notification.
35.5 The City and the IBEW agree and understand that if any section of the MOU in any way
conflicts with the terms and conditions of employment stated in other authorities, such as
personnel rules, administrative policy and procedure manual, city resolutions, or city
ordinances, any ambiguity will be resolved in favor of the MOU language. if the MOU is
silent on any issue, the applicable document (i.e. policy manual) is controlling.
35.6 UNION SECURITY
1. INTRODUCTION
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
employment and within ninety days of his/her date of hire, become a
member of the Union, or pay the Union a service fee in an amount not to
exceed periodic dues and 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.
B. Any employee of the City of Lodi in a classification represented by the
Union who, on March 1, 2003, was 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.
C. Any City of Lodi employees who permanently fill an IBEW-represented
position after March 1, 2003, are subject to the agency shop/conscientious
objector fee provisions whether or not they had been a City of Lodi
employee prior to March 1, 2003.
D. Part-time, on-call employees are not required to join the Union or pay a
representation fee.
30
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
3. RELIGIOUS OBJECTIONS
Any employee who is a member of a bona fide religion, body, or sect which has
historically held conscientious objections to joining or financially supporting
public employee organizations shall not be required to join or financially support
the organization. Such employee shall, in lieu of periodic dues or agency shop
fees, pay sums equal to said amounts to a non -religious, non -labor charitable, fund
exempt 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
exemption from the requirements of financial support to the Union and as a
condition of continued employment.
4. 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, and to all bargaining unit employees, a detailed written financial
report for the fiscal year ending the preceding December 31, in the form of
a balance sheet and an operating statement, certified as to its accuracy by
its president and the treasurer or corresponding principal officer, or by a
certified 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 court of competent jurisdiction, and any other applicable legal
authority. The Union's duty in this regard includes verification of compliance
with the Hudson notice requirements related to the fair share amount of the
agency fee.
C. Hold Harmless: The Union agrees to indemnify and hold the City of Lodi
harmless against any and all liability including but not limited to such
items as wages, damages, awards, fines, court costs, and attorney fees
which may arise by reason of the result of the operation of this Article.
5. CHANGE OF LAW
In the event there is a change in the law whereby any provision hereof becomes
invalid or if for any reason any provision of this Article is rendered unlawful by
any published appellate court decision, the parties hereto shall meet -and -confer
within thirty (30) days to negotiate a substitute provision which conforms to said
law or court decision.
6. DISCIPLINE 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
31
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
service fee pursuant to subsections 2 and 3 above, specifying the current
amount of the delinquency, and warning the employee that unless such
service fee, or payment in lieu of service fee, is tendered within thirty (30)
calendar days, the employee will be reported to the City of Lodi for
termination as provided in this Article; and
B. The Union has furnished the City of Lodi with written proof that the
procedure of subsection 6.A, above has been followed, or has supplied the
City with a copy of the letter sent to the employee and notice that he/she
has not complied with the request. The Union must further provide, when
requesting the City of Lodi to terminate the employee, the following
written notice:
"The Union certifies that (Employee's Name) has failed to tender
the agency shop service fee, or payment in lieu of service fee, required as a
condition of employment under this Agreement and that under the terms thereof,
the City of Lodi shall terminate 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 (hereinafter "successors") of the City. In consideration of the
1l31- W's execution of this agreement, the City promises that its operations covered by this
!\vreement, or any portion thereof, shall not be sold, conveyed, transferred, leased or
assigned to, or consolidated, 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 notify the IBEW of any proposed sale, conveyance, transfer, lease,
assignment, consolidation or merger and to provide, and continue to provide any and all
information about the sale, conveyance, transfer, lease, assignment, consolidation or
merger, including a copy of the proposed legal document setting forth the transaction in
request. Such notification and information shall be provided at the earliest time possible,
but in any event, at least sixty (60) days prior to the effective date of any agreement
between the City and the proposed successor.
If the City: 1) Fails to timely notify the IBEW and provide the required information; 2)
Fails to allow an IBEW representative to be present at negotiations involving the
transaction in question; or 3) Fails to secure an enforceable agreement of the successor to
assume the City's obligations under this Agreement, the City shall be liable to the IBEW
and to the bargaining unit employees covered by this Agreement for any and all damages
sustained by the IBEW and the bargaining unit employees for such failure.
ARTICLE XXXVI- - GRIEVANCE PROCEDURE
32
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
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
clarifications executed by IBEW and City.
B. Discharge, demotion, suspension, or discipline of an individual employee.
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
D. Disputes which may be of a "class action" nature filed on behalf of the IBEW
or the City.
36.2 Class action grievance will be in writing from the Business Representative to the City
Manager or vice versa.
36.3 STEP ONE
Discussion between the employee, the Shop Steward and/or Business Representative and the
Division Head or designated Supervisor directly involved, who will answer within fifteen
work days. This step shall be taken within thirty days of the date of the action complained
of, or the date the grievant became aware of the incident which is the basis of the grievance.
36.4 STEP TWO
If a grievance is not resolved in the initial step, the Step Two shall be a discussion between
the employee, 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 days of
the date of the immediate Supervisor's answer in Step One.
36.5 STEP THREE
If a grievance is not resolved in the Step Two, a committee will be called to investigate the
factual basis of the grievance. The committee shall consist of a representative of the City
Manager, the departmental supervisor, the Department Shop Steward and Business
Representative. Step Three shall be 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
grievance, in writing, by the Business Representative to the City Manager, who shall answer,
in writing, within fifteen work days of receipt 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 City Manager, arbitration shall be the final step of
appeal for grievances and discipline. It is agreed by both parties that the decision of the
33
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2018
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 calendar 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 to by the parties, the parties shall meet to select an impartial arbitrator. If no
agreement is reached at this meeting, the parties shall immediately and jointly request the
State Conciliation and Mediation Service to submit to them a panel of five arbitrators from
which the City and the IBEW shall alternately strike names until one name remains; this
person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide
a list of five arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as possible, the following
guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a
decision, opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
c. There shall be no official transcript required; however, either party
may utilize a court reporter at its own sole expense. The cost of a
court reporter required by an arbitrator shall be shared equally by the
parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is
sought and shall outline the MOU provisions governing arbitration. It
may contain mutually agreed on stipulations of fact and it may be
accompanied by any documents that the parties mutually agree shall
be submitted to the arbitrator in advance of the hearing which may
not necessarily be stipulations of fact. Further, if the parties mutually
agree, the entire matter may be submitted to arbitration for review
without hearing. Absent agreement to prepare a joint letter, the
parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses,
issue opening and closing statements, and file written closing briefs.
Testimony shall be under oath or affirmation.
The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses
normally would be present at the hearing only while testifying and
g.
34
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
should be permitted to testify only in the presence of the employee or
his/her representative and the employer's representative.
i. The arbitration hearing shall be held on the employer's premises.
The cost of arbitration shall be borne equally by the parties.
However, the cost. if any, of cancellation or postponement shall be
the financial responsibility of the 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 modify the terms of the MOU or the
written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she
impose any limitations or obligations not specifically provided for under the terms of the
MO( I. The arbitrator shall be without power or authority to make any decision that requires
the City or management to do an act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
36.8 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 or 36.7 will result in forfeiture by the failing party. Except,
however, that the aforementioned time limits may be extended by mutual agreement.
Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU,
nor shall such settlements be cited by either party as evidence in the settlement of subsequent
grievances.
36.9 Employees may have documents relating to absenteeism and disciplinary actions removed
from their personnel files if the incident prompting the action took place twenty-four months
or more previous and no incident of a similar nature has occurred in the interim.
J.
ARTICLE ) XXVI I - DISCIPLINARY PROCEEDINGS
37.1 The City Manager, Department Head, or designee may take disciplinary action against an
employee.
37.2 The considerations used in determining the type of disciplinary action shall be considered on
a case-by-case basis. Such considerations shall include, but not be limited to: the
employee's work history and performance record; the nature and severity of the infraction;
degree of orientation; and any extenuating factors.
37.3 The types of disciplinary action that may be taken shall include but not be limited to oral
reprimands, written reprimands, demotions, suspensions, reductions in pay and dismissal
from employment.
35
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
37.4 The City of Lodi practices a progressive disciplinary process. The process is subject, but not
limited to the considerations 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,
concurrently, 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 of appeal.
37.6 The following may be causes for disciplinary action. The purpose of specifying 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 availability 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 a plea 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 OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
Soliciting outside work for personal gain during the conduct of city 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 city work performance;
or conducting personal business on city time.
J. 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.
L. 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.
N. 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.
0. 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.
P. Inefficiency, 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.
Q. Refusal or inability to improve job performance in accordance with written or verbal
direction after a reasonable trial period.
R. Refusal to accept and carry out reasonable and proper assignment from an authorized
supervisor.
S. Possession or use of controlled substances or alcohol on city property and/or at the
worksite.
T. 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 property, 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.
37
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2018
X. Participation in an illegal strike, work stoppage, slowdown, or other job action against
the city.
Y. Inability 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.
ARTICLE XXXVIII - MUTUAL CONSENT CLAUSE
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.
ARTICLE XXXIX - No STRIKES
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 WORKERS - MOU 2018
ARTICLE XL - POLICY MANUAL
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.
ARTICLE XLI - PROBATIONARY PERIOD
41.1 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 his/her 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:
1) Vacation Leave - see Article XIV for vacation schedule
2) The use of the Grievance Procedure to grieve termination.
3) The City 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 City 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.
ARTICLE XLII - REST PERIOD
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/her 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
39
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - 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.
42.2 There shall be included as part of the hours worked at the overtime rate in any qualifying
period any meal time to which the employee is entitled when emergency or prearranged
work is performed, except that any meal time to which he/she 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 at the 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/her 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 Distribution Operator, assigned to the swing
shift works four or more hours during the previous day shift and completes his/her regularly
scheduled shift, the first 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 XXVII.
40
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
ARTICLE XLIII--MISCELLAN EO US
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 filling positions; outside contractors are performing work in the IBEW
bargaining unit and cross -training is in effect. The City of Lodi agrees to notify 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:
• Contract Workers will be referred 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 Local 1245.
• 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.
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.
41
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2018
In such circumstances, the City of Lodi and the IBEW shall then meet to study and
endeavor to adopt appropriate solutions.
ARTICLE XLIV - TERM
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, International 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 expiration of the MOU.
42
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2018
ATTACHMENT A
IBEW Salary Schedule
Job Description
I Eff Date
Step 0
Step 1
Step 2
Step 3
Step 4
CONSTRUCTION/MAINT. SUPERVISOR
12/22/2014
113,498.06
119,149.16
125,111.74
131,381 90
137,931.30
DISTRIBUTION PLANNER
01/01/2014
85,960.16
90,265.76
94,779.36
99,525.92
104,490.88
DISTRIBUTION PLANNING SUPERVISOR
01/01/2014
94,581.76
99,290.88
104,260.00
109,484.96
114,942,88
ELECTRIC APPARATUS MECHANIC
01/01/2014
74,734.40
78,474.24
82,417.92
86,528.00
90,873.12
ELECTRIC DISTRIBUTION OPERATOR I
01/01/2014
70,218.72
73,729.76
77,421.50
81,282.24
85,356.96
ELECTRIC DISTRIBUTION OPERATOR II
01/21/2016
87,071.66
91,400.40
96,006 04
100,790.56
105,852.24
ELECTRIC DISTRIBUTION OPERATOR
SUPERVISOR
01/20/2016
95,778.80
100,540.44
105,606 80
110,869.72
116,437.62
ELECTRIC FOREMAN/FOREWOMAN
12/22/2014
103,152.14
108,318.86
113,735.18
119,431.00
125,389.16
ELECTRIC GROUNDWORKER
01/01/2014
59,092.80
62,046.40
65,145 60
68,411.20
71,822.40
ELECTRIC LINE APPRENTICE I
07/20/2016
67,236.78
70,598.58
74,128.60
77,834.90
81,726.58
ELECTRIC LINE APPRENTICE II
07/20/2016
89,899.42
94,394.30
ELECTRIC LINEMAN/LINEWOMAN
12/22/2014
89,681.28
94,169.14
98,901.40
103,833.60
109,047.64
ELECTRIC MATERIALS TECHNICIAN
01/01/2014
66,913.60
70,258.24
73,773.44
77,461.28
81,332,16
ELECTRIC TROUBLESHOOTER
12/22/2014
91,793.00
96,392.92
101,200.32
106,279.68
111,596.16
ELECTRICAL DRAFTING TECHNICIAN
01/01/2014
62,978.24
66,131.52
69,428.32
72,904.00
76,550.24
ELECTRICAL ENGINEERING
TECHNICIAN
01/01/2014
69.284.80
72,737.60
76,377.60
80,204.80
84,198.40
ELECTRICAL TECHNICIAN
12/22/2014
99,717.80
104,702.26
109,936.32
115,432.46
121,208.36
ELECTRICIAN
01/01/2014
73,967.04
77,650.08
81,526.56
85,601.52
89,900.04
LEAD ELECTRICIAN
11/15/2016
81,357 41
85,425.28
89,696.54
94,181.37
98,890.44
METERING TECHNICIAN
01/01/2014
80,325.44
84,350.24
88,566.14
92,996.54
97,641.44
SENIOR ELECTRICAL ENGINEERING
TECHNICIAN
04/10/2017
82,308.20
86,419.06
90,732.20
95,269.72
100,032.14
SENIOR ELECTRICAL TECHNICIAN
12/22/2014
109.891 34
115.392.68
121,150.90
127,218.52
133,570.84
SUBSTATION TECHNICIAN
12/22/2014
99,717.80
104,702.26
109,936.32
115,432.46
121,208.36
SUBSTATION/METERING SUPERVISOR
12/22/2014
113,498.06
119,149.16
125,111.74
131,381.90
137,931.30
TROUBLESHOOTING SUPERVISOR
12/22/2014
100,995.70
106,042.56
111,321.60
116,907.70
122,733.26
UTILITY EQUIPMENT SPECIALIST
01/01/2014
64,993.76
68,253.12
71,674.46
75,248.16
79,018.94
43
I. B. E. W. - LOCAL 1245 CITY OF LODI
ELECTRIC UTILITY UNIT A MUNICIPAL CORPORATION
Tom Dalzell Stephen Schwabauer
Business Manager, IBEW City Manager
Date: Date:
Sheila Lawton Andrew Keys
Business Agent, IBEW Deputy City Manager
Date: Date:
Rod Brown Adele Post
Substation/Metering Supervisor Human Resources Manager
Date: Date:
Jeff Norwood
Electric Foreman
Date:
APPROVED AS TO FORM:
Janice D. Magdich
City Attorney
Date:
Attest:
Jennifer M. Ferraiolo
City Clerk
Date: