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Home My WebLink AboutResolutions - No. 2018-218RESOLUTION NO. 2018-218 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH AFSCME - GENERAL SERVICES UNIT FOR THE PERIOD JANUARY 1, 2018 THROUGH DECEMBER 31, 2019 WHEREAS, representatives from the City and AFSCME - General Services Unit have bargained in good faith and reached a tentative agreement on a successor Memorandum of Understanding; and WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with AFSCME - General Services Unit to include the following: • Term: January 1, 2018 to December 31, 2019. • Add a bank of 45 hours of cashable leave in 2018 and 45 hours in 2019 to be used by December 31, 2019. • Increase the City's maximum contribution to healthcare premiums by 5%. • Amend the Flexible 125 plan to provide for carryover of contributions. • Increase to the maximum accrual of Compensatory Time -Off (CTO) from 184 to 200 hours. • Increase life insurance from $10,000 to $25,000. • Two percent (2%) salary adjustment, effective November 19, 2018 for a two percent (2%) employee contribution (cost-sharing) of the employer's normal contribution toward CaIPERS, pursuant to Government Code Section 20516, effective as soon as administratively possible. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME — General Services, effective January 1, 2018 through December 31, 2019. Date: November 7, 2018 I hereby certify that Resolution No. 2018-218 was passed and adopted by the Lodi City Council in a regular meeting held November 7, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None (J)rNNIFER FERRAIOLO City Clerk 2018-218 MEMORANDUM OF UNDERSTANDING CITY OF LODI AND A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO GENERAL SERVICES UNIT January 1, 2018 — December 31, 2019 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 TABLE OF CONTENTS CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV CHAPTER 2 — LEAVES Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Salary Hours Compensatory Time Overtime Meals Temporary Upgrade Tools and Uniform Allowance Safety/Safety Boot Provisions Education Incentives Notary Public Incentive Bilingual Pay Tuition Reimbursement Court Appearances Mileage Compensation Catastrophic Leave Bereavement Leave Holidays Leave of Absence Sick Leave Vacation Leave CHAPTER 3 -- INSURANCE AND RETIREMENT Article XXI Article XXII Article XXIII Article XXIV Article XXV Article XXVI Article XXVII Article XXVII I Article XXIX Article XXX Article XXXI Medical Insurance Dental Insurance Vision Insurance Chiropractic Life Insurance Long Term Disability Workers' Compensation Flexible Spending Account Deferred Compensation PERS Sick Leave Conversion CHAPTER 4 — UNION / CITY ISSUES Article XXXII Article XXXII I Article XXXIV Union Leave Layoff Changes in Memorandum 2 Page # 4 4 5 5 7 7 8 10 11 11 11 11 12 12 12 13 13 14 14 14 15 16 16 16 16 16 17 17 17 17 18 20 20 20 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 Article XXXV City Rights 20 Article XXXVI Employee Representation 21 Article XXXV II Grievance Procedure 23 Article XXXVIII Mutual Consent Contingency 26 Article XXXIX No Strikes 26 Article XL Probationary Period 26 Article XLI Promotion 27 Article XLII ' Seniority 27 Article XLIII Shop Stewards 27 Article XLIV Status 28 Article XLV Term 28 Attachment A — Salary Schedule effective November 19, 2018 3 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 Chapter 1 - Salaries and Other Compensation ARTICLE 1— SALARY 1.1 Effective November 19, 2018, the City shall increase the salary ranges by two percent (2%) in exchange for a PERS cost sharing agreement pursuant to California Government Code §20516; whereby General Services employees agree to pay two percent (2%) of the employer's normal cost of PERS. The parties agree that should the parties negotiate the elimination of the two percent (2%) cost-sharing by the employee, the corresponding two percent (2%) salary adjustment by the City shall also cease and become null and void. 1.2 Effective January 1, 2018, each member of this bargaining unit will receive 45 hours of personal leave with a cash -out option. Effective January 1, 2019, each member of this bargaining unit will receive 45 hours of cashable personal leave. 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, 2019. Leave will be pro -rated for employees hired after January 1, 2018. 1.3 For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland 1.4 The City agrees to conduct a review of the Administrative Secretary position, which will include a compensation study. The study will be conducted as soon as administratively possible; however, it will be concluded by June 30, 2019. The results of the study, which may include a new title, amendments to the job description or salary, will be effective July 1, 2019, upon City Council approval. ARTICLE II -- HOURS 2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the Supervisor. a. Employees of the Library may work a schedule which includes split days off. The hours of work shall vary according to a pre -posted work schedule. b. Parking Enforcement Assistants and Animal Control personnel shall work a schedule which may provide at least one person to work each Saturday. c. Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor. 4 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 2.2 Work schedules presently in effect shall remain in effect. Any change in work hours or workdays shall be a meet and confer item. ARTICLE III — COMPENSATORY TIME 3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate for overtime worked. 3.1.1 The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable. 3.2 No more than two hundred (200) hours of compensatory time may be carried on the books at any time. 3.4 Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 3.5 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance. ARTICLE IV — OVERTIME 4.1 Overtime work paid at the time and one half rate, is work performed by an employee outside his or her regular work hours, and includes: a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Section 2.1 and 2.2. b. Time worked on a non -work day. Time worked on a holiday will be paid at time and one-half rate (1'/:). Hours worked on a holiday, as part of an employee's regular work schedule shall be compensated as above, plus regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU. Overtime work paid at the double time rate is work performed in excess of twelve (12) hours, between 12:00 a.m. and 12:00 a.m. on any given day, or for any hours between the hours of 12:00 a.m. and 6:00 a.m. Phone calls lasting less than ten (10) minutes and does not require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes would receive the standard three (3) hour callback at the appropriate overtime rate. 4.2 Employees who are required to report for prearranged work on their non -work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours. 5 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 4.3 Rest Period If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours, on a work day, he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours. 4.4 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: a. On work days outside of regular work hours, shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into regular work hours, shall be paid overtime compensation only for actual work time up to regular work hours. b. On non -work days or on holidays, shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of preceding work period on a work day. 4.5 The Animal Services Supervisor, and Assistant Animal Services Officer serve on an on call basis on a weekly basis and shall be compensated $200 per week for weeks they serve on call. 4.6 Call Out Pay: A. The employees called out shall be paid at the rate of one and one half (1'/z) times the straight time rate of pay for time worked on emergency calls before 12:00 a.m.. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time. B. The first call -out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 4.6 (A) of this Agreement. Subsequent calls on the same calendar day will be paid for actual time worked at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement. C. All subsequent hours worked on a call -out shall be paid at the appropriate overtime rate per Article 4.6(A) of this Agreement. 6 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 D. Phone calls lasting less than ten (10) minutes, that do not require substantive work to be performed, will be paid one (1) hour at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement. Calls lasting longer than ten (10) minutes will receive the standard three (3) hour minimum at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement and any additional hours worked as defined in Article 4.6(C) of this Agreement. ARTICLE V — MEALS 5.1 If the City requires an employee to perform work for one and one-half (1-1/2) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide a meal allowance at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them, not to exceed one hour, shall be at the City's expense. 5.2 When the City requires employees to work on non -workdays without notice, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at four (4) hour intervals thereafter. 5.3 When an employee is required to perform prearranged work on non -work days during regular work hours, he/she shall observe the lunch arrangement which prevails on his/her work days. If such work continues after regular work hours, the City shall provide the employee with meal allowances in accordance with the provisions of Section 5.1 hereof. 5.4 If the City requires an employee to perform prearranged work starting two (2) hours or more before regular work hours on workdays or non -workdays, and such employee continues to work into regular work hours, the employee shall be provided one (1) meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meals provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail. ARTICLE VI — TEMPORARY UPGRADE 6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a 10% wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded. 7 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 ARTICLE VII -- TOOLS AND UNIFORM ALLOWANCE 7.1 The City agrees to provide all necessary uniforms and safety equipment for the following classifications in the General Services Unit and provide a uniform care and cleaning allowance of $600 per year. The uniform allowance shall be paid bi- weekly. • Administrative Clerk — Community Improvement • Animal Services Supervisor • Assistant Animal Services Officer • Code Enforcement Officer • Field Services Representative • Field Services Supervisor • Parking Enforcement Assistant • Police Records Clerk • Police Records Clerk Supervisor • Senior Police Records Clerk • Supervising Code/Community Improvement Officer A. The Field Services Representative and the Field Services Supervisor shall be provided with uniforms that meet the requirements for flame retardant clothing. Uniforms provided by the City shall include a jacket, pants, and shirts, and appropriate rain gear. Jackets shall be replaced as needed. B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision that appears to grant the listed classifications both a city provided uniform and a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in the event the City and IBEW propose a quartermaster uniform system that incorporates the Field Services classifications. 7.2 The City and AFSCME mutually agree that the City shall purchase appropriate foul -weather coats and boots as deemed necessary for field personnel. 7.3 The City agrees to provide prescription safety glasses up to a maximum cost of $251 per pair as required. A maximum of two (2) pair of prescription safety glasses will be provided by the City during employment except as indicated in 7.5 and 7.6 below. 7.4 All prescription safety glasses shall be purchased or serviced within the City of Lodi. Employees shall have their choice of any local optometrist. The employee shall pay directly to the optometrist any fees for prescription examination or related charges. The employee shall submit receipts for frames and lenses to the City of Lodi for reimbursement. 7.5 Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows: 8 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 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. If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement. 3. If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary. 4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 7.6 The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employees payroll check after a determination of cost has been made by the City. 1. Where the City would be required to replace issued safety glasses due to abuse by the employee. 2. Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing. 3. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service. 7.7 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City. 7.8 When an employee's personal clothing is damaged in the line of duty, the employee may request to have the item replaced or repaired at the City's expense. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. The City shall have the sole discretion to approve or deny the request, and its denial shall not be grievable. c. Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employees claim. d. Items replaced shall be of similar, or the same value as the item being replaced. The City may require the employee to forfeit the damaged item to the City for inspection. e. All requests for reimbursement shall be accompanied by receipts. 9 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 7.9 Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing glasses. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. Glasses replaced shall be of an equal or similar value to the glasses that were damaged. c. Any insurance benefit paid to the employee or paid by the insurance provider toward the replacement/repair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider. Example: Cost of Eyewear/Repair $150 Insurance Pays $100 Reimbursed to employee $ 50 d. All requests for reimbursement shall be accompanied by receipts. ARTICLE VIII — SAFETY BOOT/FOOTWEAR PROVISIONS 8.1 The City agrees to provide an annual boot allowance of $250, paid semi-annually as part of the last biweekly payroll in the months of April and October of each year, for the following classifications: Building Inspector I/II Code Enforcement Officer I/II Engineering Technician I/II Jr. Engineer Public Works Inspector I/II Sr. Engineering Technician (1) (who do inspection/survey work) Supervising Code/Community Improvement Officer Records Clerk Senior Police Administrative Clerk (if assigned to Records division) Police Records Supervisor Animal Services Supervisor Assistant Animal Services Officer Parking Enforcement Assistant 8.2 Safety boots are defined as leather work boots with a minimum of 4" ankle support. Employees have the option of purchasing these boots with or without steel toes. 8.3 Employees who are assigned to a Lodi Police Department job site, or are supervised by Lodi Police Department personnel, and who are required to wear a uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi 10 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 Police Department Policy and Procedure Section 210.1C mandate. This includes appropriate foot wear for Class B and Class A uniforms. 8.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 8.5 Employees who are required to wear specific boots or shoes per any City of Lodi Policy and Procedures mandate, must wear the appropriate footwear when performing the duties/tasks of the assigned classification. 8.6 Employees performing duties/tasks without the prescribed appropriate footwear may be required to vacate the job site until such time as they can return wearing the required footwear for the classification/duties/tasks. Time spent away from the job site for this purpose shall not be paid City of Lodi time. 8.7 Safety footwear for Field Services Representatives and the Field Services Supervisor shall be provided by the Electric Utility Department and shall meet the Electrical Hazard (EH) rating. 8.8 The City will provide all mandated Personal Protective Equipment (PPE) as required, including appropriate rubber glove and leather protectors for Field Services Representatives and the Field Services Supervisor. ARTICLE IX — EDUCATION INCENTIVES 9.1 Employees in sub -professional engineering positions having the following certificates will receive an additional $23.08 per pay period: Engineer in Training Land Surveyor in Training Land Surveyor ARTICLE X — NOTARY PUBLIC INCENTIVE 10.1 Employees who possess a Notary Public certification and use the Notary Public service as a part of their employment duties with the City will receive a monthly incentive of $40.00. The City will provide Errors and Omissions insurance for employees who perform notary duties as part of their employment. ARTICLE XI - BILINGUAL PAY 11.1 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly. The City Manager has the discretion in determining the languages that will be recognized. ARTICLE XII -- TUITION REIMBURSEMENT 12.1 Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU. 11 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 ARTICLE XIII — COURT APPEARANCES 13.1 Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave. 13.2 If jury duty attendance is less than one-half ('/2) of a normal working day, the employee is expected to return to work. 13.3 Employees assigned to shift work shall not be scheduled for regular work during the 12 hours preceding the scheduled time for jury duty. 13.4 If an employee has had jury duty of six (6) hours or more during a sixteen (16) hour period immediately preceding the beginning of or following the end of his/her regular work hours on a work day, he/she will be given a rest period of six (6) consecutive hours. 13.5 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half time (11/2) his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employees, the Department Head designee must be notified in writing of the off duty appearance within seventy-two (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance. ARTICLE XIV — MILEAGE COMPENSATION 14.1 Employees using their personal automobile for City business, with their Department Head's approval, shall receive mileage compensation equal to that allowed by the Internal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies. 14.2 Allowance changes shall be effective the first day of the month following the determination of a change by the IRS. Chapter 2 - Leaves ARTICLE XV — CATASTROPHIC LEAVE 15.1 Catastrophic Leave will be provided as stated in the City's current policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability. 12 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability. ARTICLE XVI — BEREAVEMENT LEAVE 16.1 Employees shall be granted three (3) days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the • deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's: Spouse/domestic partner Child/step-child Grandparent -in-law Sister/half-sister/step-sister Parent/step-parent/foster parent Son or Daughter -in -Law Brother/half-brother/step-brother Parent -in-law Grandparent Grandchild or a more distant relative who was a member of the employee's immediate household at the time of death. 16.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days for classifications in the General Services Unit. ARTICLE XVII — HOLIDAYS 17.1 Members of this Unit shall observe the following nationally observed holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve (4 hours) Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1st Monday in September 4th Thursday in November Friday following Thanksgiving Day December 24 December 25 Employees receive holiday pay if/when they work on the above City -recognized national holiday. In addition, each employee shall be granted an additional thirty-six (36) hours of holiday leave (floating holiday) to be taken off at a time mutually agreed upon between the employee and the Department Head. Holiday leave cannot be carried over into the following calendar year. Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed 13 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 holidays and the prorated share of floating holidays for the remainder of the calendar year. 17.2 Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day. 17.3 Bargaining unit members will be granted a day off on the Saturday and Sunday preceding any holiday observed by the City and the Library on a Monday. Bargaining unit members will also be granted a day off on the Saturday and Sunday following the observance of a Saturday holiday on the preceding Friday by the City and the Library. Bargaining unit members will also be granted a day off on Easter Sunday. 17.4 Holiday time may be taken in quarter hour increments. ARTICLE XVIII — LEAVE OF ABSENCE 18.1 Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU. ARTICLE XIV — SICK LEAVE 19.1 Effective December 8, 2003, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 19.2 Sick leave may be accumulated up to an unlimited amount. 19.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010. ARTICLE XX — VACATION LEAVE 20.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12th year 5.24 hours per pay period 15thyear 6.16 hours per pay period 21st year 6.47 hours per pay period 22nd year 6.78 hours per pay period 231-d year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year & over 7.71 hours per pay period 20.2 If a conflict arises in the scheduling of vacations for employees in the same classification, the conflict shall be resolved in favor of the employee with the 14 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 greatest seniority. The senior employee shall receive first choice in any scheduling period. 20.3 For all persons hired after September 1, 1995 the maximum vacation accrual will be 6.16 hours per pay period. 20.4 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount. Chapter 3 — Insurance and Retirement ARTICLE XXI -- MEDICAL INSURANCE 21.1 All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. Effective January 1, 2018, the City will contribute the following amounts toward the medical premium: $1,794.51 $1,380.39 $690.20 per month for family per month for employee +1 dependent per month for employee only The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected. 21.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu): $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for employee only In order to qualify for this provision, proof of group insurance must be provided to the City. 21.3 Effective January 1, 2019, the maximum amount the City will pay towards medical premiums will be increased by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $43,000. Percentage increases shall be based upon the amounts paid by City ($690.20 for Employee only, $1,380.39 for Employee +1, $1,794.51 for Family). 15 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 21.4 Employees shall be eligible for medical insurance the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi. 21.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benefits for the unmarried surviving spouse and any minor children of any member of this unit who is killed or dies during the performance of official duties. This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available. ARTICLE XXII -- DENTAL INSURANCE 22.1 Employees are provided fully paid family dental insurance. 22.2 Maximum benefits are $1,000 for each family member enrolled in the dental plan, per calendar year. There is a $25 deductible plus co-insurance features. ARTICLE XXIII — VISION INSURANCE 23.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a $25 deductible for the employee and dependents. The entire premium shall be paid by the City. ARTICLE XXIV -- CHIROPRACTIC 24.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXV -- LIFE INSURANCE 25.1 A life insurance program providing $25,000 term life insurance which includes a $25,000 Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 21 years, unmarried student dependent children to 23rd birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150 life insurance. The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the General Services Unit. ARTICLE XXVI -- LONG TERM DISABILITY 26.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability. This program commences sixty (60) days from the date of disability. Please refer to the City's Policy on Long Term Disability. 26.2 The maximum length of coverage is three (3) years from date of disability. 16 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 ARTICLE XXVII — WORKERS' COMPENSATION 27.1 The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employees upon receiving said benefits such paid by Workers' Compensation shall also receive compensation from the City in an amount that when added to the Workers' Compensation payment shall equal the employees regular salary. The amount paid by the City shall, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City. ARTICLE XXVIII -- FLEXIBLE SPENDING ACCOUNT 28.I 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 will be forfeited after the final filing date, if left unclaimed. ARTICLE XXIX — DEFERRED COMPENSATION 29.1 The City shall match contributions by General Service employees to a deferred compensation program up to a maximum of 3.0% of the employee's gross salary. ARTICLE XXX — PERS 30.1 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "classic" employees by PERS: a. PERS "2% at 55" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit (Section 21298). c. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4). d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and 21263.3). e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). f. Military Service Credit as Public Service (Section 21024). g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. 17 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 h. 50% survivor continuation in the event of death after retirement. i. Employee shall pay employee share of retirement at 7% effective December 31, 2013. 30.2 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "new" employees by PERS under the Public Employees' Pension Reform Act of 2013 (PEPRA): a. PERS "2% at 62" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. c. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. f. Military Service Credit as Public Service. g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. i. Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation. 30.3 Effective as soon as administratively possible, in accordance with California Government Code §20516 contract amendment process requirements, each employee in this unit shall pay two percent (2%) towards the employer's share of Ca1PERS normal pension cost (cost-sharing). In exchange, the City shall provide a two percent (2%) salary adjustment. The parties agree that should the parties negotiate the elimination of the two percent (2%) cost-sharing by the employee, the corresponding salary adjustment by the City shall also cease and become null and void. ARTICLE XXXI -- SICK LEAVE CONVERSION 31.1 For all unused sick leave, a represented employee with ten (10) years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) using one of the following options: Option #1 — Conversion After ten (10) years of employment with the City, 50% of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten (10) years, the employee shall be entitled to add 2.5% to the 50% before converting the unused sick leave to months of insurance. 18 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 EXAMPLE Robert Smith retires with 20 years of service and 1800 hours of unused sick leave. 1800 _ 8 x 75% - 12 = 14.06 years of coverage The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXI. Any differences created by an increase in premiums must be paid for by the employee. In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died. Option #2 —Sank 50% of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years, 2.5% will be added to the 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00. EXAMPLE Robert Smith retires with 20 years of service and 1800 hours of unused sick leave (multiplication factor - $20.00). 1800 x 75% x 20.00 = $27,000.00 This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance in gone. In the event the retiree dies, the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone. 31.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving spouse will have an interest in one-half the value of the Bank option as calculated in section 30.1. 31.3 Employees selecting option #1 or #2, who retire on a service retirement shall have the option of purchasing at the employee's cost additional medical insurance sufficient to reach age 65. 31.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 30.1 of this Article. Option #3 — PERS Credit 31.5 Per the California Government Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of determining days creditable. 19 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 31.6 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums as referenced in options 1-2. The only option available to these employees is Option #3, PERS credit. 31.7 Option #3 is available to all represented employees meeting PERS eligibility requirements. 31.8 If an employee opts to utilize the provisions of Option #1 or Option #2, the City will report to PERS they have zero hours of unused sick leave. Chapter 4 — Union / City Issues ARTICLE XXXII — UNION LEAVE 32.1 Whenever any employee is absent from work as a result of a formal request by AFSCME to send an employee to be involved in Association business, the City shall pay for all regular time lost and shall be reimbursed therefore by AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate. 32.2 The City agrees to provide storage space to AFSCME for association materials. ARTICLE XXXIII — LAYOFF 33.1 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXIV — CHANGES IN MEMORANDUM 34.1 The parties agree to reopen this MOU and to renew meeting and conferring on the subjects set forth herein during the term of this MOU only in the event that any provision of this MOU is modified by statute, applicable regulation or by order of Court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU would continue in full force and effect unless and until they are also modified by statute, applicable regulation or order of Court, or agreement of the parties. ARTICLE XXXV — CITY RIGHTS 35.1 It is understood and agreed between the parties that nothing contained in this Memorandum shall be construed to waive or reduce any rights of the City, which include, but are not limited to the exclusive rights to: • Determine the mission of its constituent departments, commissions and boards. • Set standards of service. • Determine the procedures and standards of selection for employment. • Direct its employees. 20 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 • Maintain the efficiency of governmental operations; to determine the methods, means and personnel by which government operations are to be conducted. • Take all necessary actions to carry out its mission in emergencies. • Exercise complete control and discretion in the technology of performing its work. City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employees organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. ARTICLE XXXVI — EMPLOYEE REPRESENTATION 36.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered into between representatives of the City of Lodi (hereinafter referred to as City) and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (AFSCME) for the General Services Unit. The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment. The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A. 36.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51 AFSCME shall indemnify, defend, and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check -off of said employee organization's dues. In addition, AFSCME shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence. 36.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF Union Membership — All employees covered by this Agreement shall, as a condition of employment, become and remain members of the UNION within 30 21 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 days of employment in a covered job classification. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement and the requirement to become and maintain membership in the UNION. A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting. In the event an employee covered by this Agreement fails to apply for, or maintain their membership in the UNION, or reinstate themselves into membership in good standing, the UNION may give the CITY written notice of the . fact and request that the employee be suspended or terminated from employment. In such event, the CITY shall suspend or terminate the employment of said employee, as requested, within 15 business days of receipt of the notice. Fair Share Donation — Any employee who is a member of a bona fide religion, body, or sect who has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the UNION. Such employee shall, in lieu of Agency Shop Fees, pay sums equal to said amount to a non-religious, non-labor United Way charitable organization exempt from taxation under Section 501 c (3) of the Internal Revenue Code, which has been selected by the UNION from the local United Way. Payments shall be made by payroll deduction as a condition of continued exceptions from the requirements of financial support to the UNION and as a condition of continued employment. Disputes regarding the application for this provision, by employees, shall be subject to arbitration Membership status shall remain in effect for the duration of this Agreement except that an employee may change his or her status from UNION member not more than 90 days or less than 60 days prior to the expiration of this Agreement. An employee changing his or her membership status shall submit the appropriate form to the UNION. Thereafter, the UNION will notify the CITY of the change and the appropriate notation shall be made to the employee's record and/or payroll deduction. The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY. 22 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 Payroll deductions shall be limited to the following choices: • Union Membership Dues • Agency Shop Fees • AFSCME Voluntary Political Action Check Off (PEOPLE) • 'Fair Share donations to the United Way Campaign Fair Share donations are limited to employees with religious objections. The Union will comply with its legal obligation regarding the administration of this section. Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article. 36.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate Department Dead or designee and shall include the date, location, time and general purpose of such meeting. The City may establish reasonable regulations governing the use of such facilities. 36.5 No City employee or applicant for employment shall be discriminated against any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability. 36.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XXXVII — GRIEVANCE PROCEDURE 37.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarifications executed by AFSCME and the City. The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application or enforcement of the express terms of the MOU and other terms and conditions of employment and matter of discipline which includes demotion, suspension or discharge. 23 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 As used in procedure, the term "PARTY" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the procedure. 37.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: a. Interpretation or application of any of the terms of this MOU, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City. b. Discharge, demotion, suspension, or discipline of an individual employee. c. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa. 37.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the Grievant became aware of the incident which is the basis of the Grievance. 37.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days of the date the department head receives the written statement. 37.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall be the presentation of the Grievance, in writing, by the employee or his or her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in STEP TWO. 37.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties 24 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and AFSCME shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guide lines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. The arbitration hearing will be held on the employer's premises. 25 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing. The decision will be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to rnake any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action. 37.7 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 37.8 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 37.9 Only AFSCME may appeal a grievance to arbitration. ARTICLE XXXVIII — MUTUAL CONSENT CONTINGENCY 38.1 This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU. ARTICLE XXXIX — NO STRIKES 39.1 The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick -ins" or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU. ARTICLE XL -- PROBATIONARY PERIOD 40.I All appointments to positions in the classified service shall be subject to a probationary period of twelve (12) continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his/her new duties, assignments and responsibilities in his/her new position and for rejecting any probationary employee whose performance does not meet required work standards. If the 26 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 service of the employee is deemed to be unsatisfactory, the employee shall be notified that he/she has not satisfactorily completed probation. 40.2 During the probationary period, all new hires shall have the rights and privileges afforded to other employees, except: a. Vacation Leave — See Article XX for vacation schedule. b. The use of the Grievance Procedure to grieve termination. c. The City and the employee may mutually agree to extend the probationary period for not more than six (6) months. AFSCME shall be notified of all extensions. d. Probation shall be extended for the same time as any leaves of absence. 40.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position from which he/she was promoted unless he/she is discharged. The seniority and status of a rejected candidate shall continue as before. ARTICLE XLI — PROMOTION 41.1 The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within consistent with the best interests of the City. ARTICLE XLII - SENIORITY 42.1 Seniority is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is: a. Inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights. b. On duty with the National Guard. c. Is absent due to industrial disability. d. On leave of absence. e. Absent due to layoff for a period of less than twelve (12) consecutive months. ARTICLE XLIII — SHOP STEWARDS 43.1 AFSCME agrees to notify the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classifications and shall not interrupt the work of other employees. A steward 27 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 may, with reasonable notice and approval of his or her supervisor, leave the job during working hours for reasonable periods to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his presence is necessary in the judgment of his/her supervisor for the safe conduct and efficiency of the operations in which he/she is engaged. ARTICLE XLIV STATUS 44.1 Employees shall be designated as regular, probationary, or temporary, depending upon the purpose for which they are hired and their length of continuous service with the City. a. A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration, Article X (Probationary Period). b. A probationary employee is defined as an employee hired for a full time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a sirnilar nature, as he/she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve (12) month of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee. c. A temporary employee is an employee hired on a full time basis to fill a full time position (at least 32 hours per week). Temporary employees shall attain regular status after being employed for twelve (12) continuous months. ARTICLE XLV — TERM 45.1 The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and AFSCME. The parties agree as follows: TERM: Covering the period from January 1, 2018 through December 31, 2019. 28 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 ATTACHMENT A Salary Schedule — General Services Effective November 19, 2018 Job Annual Salary Job Title Code Step 0 Step 1 Step 2 Step 3 Step 4 ACCOUNT CLERK 2000 $37,178.54 $39,037.42 $40,989.28 $43,038.75 $45,190.78 ADMINISTARTIVE SECRETARY 2702 $44,783.39 $47,022.63 $49,373.77 $51,842.44 $54,434.53 ADMINISTATIVE CLERK 2700 $33,667.37 $35,350.76 $37,118.34 $38,974.21 $40,922.92 ANIMAL SERVICES SUPERVISOR 2021 $43,692.09 $45,876.77 $48,170.58 $50,579.06 $53,108.05 AQUATICS COORDINATOR 2603 $44,348.44 $46,565.91 $48,894.22 $51,338.90 $53,905.79 ASSISTANT ANIMAL SERVICES OFFICER 2020 $37,994.13 $39,893.80 $41,888.56 $43,983.00 $46,182.13 BUILDING INSPECTOR I 2072 $51,710.21 $54,168.51 $56,876.95 $59,720.89 $62,706.86 BUILDING INSPECTOR II 2073 $56,748.02 $59,585.38 $62,564.67 $65,692.97 $68,977.60 CODE ENFORCEMENT OFFICER 2022 $54,045.74 $56,748.02 $59,585.38 $62,564.67 $65,692.97 CUSTOMER SERVICE REPRESENTATIVE I 2011 $33,798.81 $35,488.74 $37,263.14 $39,126.22 $41,082.55 CUSTOMER SERVICE REPRESENTATIVE II 2012 $37,178.54 $39,037.42 $40,989.28 $43,038.75 $45,190.78 ENGINEERING TECHNICIAN I 2200 $52,079.45 $54,683.34 $57,417.49 $60,288.43 $63,302.86 ENGINEERING TECHNICIAN II 2201 $57,287.37 $60,151.62 $63,159.25 $66,317.18 $69,633.04 EVENTS COORDINATOR 2605 $53,018.86 $55,669.71 $58,453.16 $61,375.92 $64,444.80 FIELD SERVICES REPRESENTATIVE 2050 $45,962.42 $48,260.57 $50,673.62 $53,207.33 $55,867.63 FIELD SERVICES SUPERVISOR 2051 $52,908.42 $55,553.88 $58,331.57 $61,248.03 $64,310.47 FINANCE TECHNICIAN 2014 $44,986.03 $47,235.38 $49,597.14 $52,077.09 $54,680.85 INFORMATION SYSTEMS SPECIALIST 2400 $51,094.00 $53,648.84 $56,334.71 $59,147.68 $62,105.07 JR ENGINEER/PLANS EXAMINER 2071 $56,748.02 $59,585.38 $62,564.67 $65,692.97 $68,977.60 JUNIOR ENGINEER 2203 $68,057.30 $71,460.21 $75,033.13 $78,784.81 $82,724.05 JUNIOR PLANNER 2208 $51,426.51 $53,997.75 $56,697.65 $59,532.53 $62,509.19 LIBRARY ASSISTANT 2500 $35,350.88 $37,118.34 $38,974.33 $40,923.05 $42,969.09 LIBRARY TECHNICNICIAN 2510 $44,718.68 $46,954.59 $49,302.35 $51,767.48 $54,355.82 NETWORK TECHNICIAN 2401 $61,274.00 $64,337.76 $67,554.59 $70,932.36 $74,479.07 PARKING ENFORCEMENT ASSISTANT 2027 $38,286.76 $40,201.12 $42,211.22 $44,321.81 $46,537.84 PARKS PROJECT COORDINATOR 2600 $63,016.02 $66,166.86 $69,475.12 $72,948.90 $76,596.34 PAYROLL TECHNICIAN 2016 $44,986.03 $47,235.38 $49,597.14 $52,077.09 $54,680.85 PERMIT TECHNICIAN 2070 $42,532.31 $44,659.44 $46,892.38 $49,237.09 $51,698.93 POLICE RECORDS CLERK I 2024 $33,417.12 $35,087.90 $36,842.37 $38,684.45 $40,618.75 POLICE RECORDS CLERK II 2023 $36,758.95 $38,596.83 $40,526.67 $42,553.03 $44,680.67 POLICE RECORDS CLERK SUPERVISOR 2026 $42,266.31 $44,379.66 $46,598.58 $48,928.46 $51,374.96 PROGRAM COORDINATOR 2602 $39,340.68 $41,307.62 $43,372.96 $45,541.64 $47,818.80 PUBLIC WORKS INSPECTOR I 2204 $51,589.15 $54,168.51 $56,876.95 $59,720.89 $62,706.86 PUBLIC WORKS INSPECTOR II 2205 $56,748.02 $59,585.38 $62,564.67 $65,692.97 $68,977.60 SENIOR ADMINISTRATIVE CLERK 2701 $37,034.13 $38,885.80 $40,830.18 $42,871.65 $45,015.28 SENIOR ENGINEERING TECHNICIAN 2202 $63,016.02 $66,166.86 $69,475.12 $72,948.90 $76,596.34 SENIOR LIBRARY ASSISTANT 2505 $38,885.80 $40,830.18 $42,871.65 $45,015.28 $47,265.94 SENIOR PAYROLL TECHNICIAN 2017 $49,484.64 $51,958.92 $54,556.86 $57,284.80 $60,148.94 SENIOR POLICE ADMINISTRATIVE CLERK 2025 $39,202.43 $41,162.69 $43,220.68 $45,381.63 $47,650.79 UTILITY BILLING SPECIALIST 2015 $40,896.42 $42,941.25 $45,088.30 $47,342.72 $49,709.85 WATER SERVICES TECHNICIAN I 2206 $61,180.62 $64,239.65 $67,451.63 $70,824.15 $74,365.34 WATER SERVICES TECHNICIAN II 2207 $67,298.57 $70,663.48 $74,196.67 $77,906.56 $81,801.91 WATERSHED PROGRAM COORDINATOR 2209 $39,340.68 $41,307.62 $43,372.96 $45,541.64 $47,818.80 YOUTH OUTREACH WORKER 2028 $42,969.75 $45,561.58 $48,289.82 $51,177.16 $54,769.39 29 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2018 — 2019 A.F.S.C.M.E. COUNCIL 57 CITY OF LODI LOCAL 146 -AFL-CIO A MUNICIPAL CORPORATION Cliff Tillman, Chief Negotiator Stephen Schwabauer, City Manager Date: Date: Jeremiah Miller, Business Agent Andrew Keys, Deputy City Manager Date: Date: Donnie Sanford, President Adele Post, HR Manager Date: Date: Terri Lovell, Executive Vice President Approved As To Form: Date: George Agnew, Treasurer Date: Kari Chadwick, Secretary Date: Thomas Gabriel, M&O Representative Date: Brian Longpre, M&O Representative Date: Rene Garcia, GS Representative Date: Sherry Moroz, GS Representative Date: 30 Janice D. Magdich, City Attorney Attest: Jennifer M. Ferraiolo, City Clerk