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Home My WebLink AboutAgenda Report - August 21, 2019 H-01AGENDA ITE]UI H-l Grrv or Loor Gouruc¡l GonnMUNrcATIoN AGENDA TITLE: MEETING DATE: SUBMITTED BY: Adopt Resolution Approving the Memorandum of Understanding between the City of Lodi and the lnternational Brotherhood of Electrical Workers for the Period January 1,2019 through December 31,2021 August 21,2019 Human Resources Manager RECOMMENDED AGTION: Adopt resolution approving the Memorandum of Understanding between the City of Lodi and the lnternational Brotherhood of Electrical Workers for the period January 1,2019 through December 31,2021. BACKGROUND INFORMATION: The prior MOU between the City and the lnternational Brotherhood of Electrical Workers (IBEW) expired on December 31, 2018. Representatives from the City and IBEW have been negotiating over the past nine months and have reached a tentative agreement on a new Memorandum of Understanding (MOU), subject to the approval of Council. A redline strikeout version of the MOU is attached for Council review and approval. A summary of the key changes to the MOU are as follows: o The term of the MOU shall be from January 1,2019 through December 31, 2021.o Sixteen percent (16Yo) salary adjustment over the term of the contract as follows:o Nine percent (9%) retroactive to July 1,2019.o Four percent (4o/o) effective the first full pay period in January 2020.o Three percent (3%) effective the first full pay period January 2021.o Two percent (2%) cost sharing participation in the City's Normal Cost contribution to CaIPERS for both Classic and PEPRA members. Cost sharing will be implemented on a tiered basis with 1% effective the first full pay period in July 2020 and the additional lo/o effective the first full pay period in January 2021. Both the City and IBEW recognize the need to offer competitive salary and benefits to attract and retain qualified employees. The City is facing significant recruitment challenges attracting qualified electric utility employees. Wildfire mitigation and safety programs statewide have greatly increased the demand for a qualified workforce to inspect, repair, and energize lines throughout the state. Qualified workers can work through IBEW as freelance employees for agencies needing additional staff. The demand for work is such that employees can work 12 hour days, 6-7 days per week, at a wage the City of Lodi could not compete with. Competing agencies have offered substantial increases to their employees in an effort to retain and attract a qualified electric utility workforce. Without the increases, the City runs a real risk of losing employees and being unable to replace them with qualified electric utility employees. Staff recommends that the Council approve the MOU between the City and IBEW APPROVED: Stephen S City Manager FISCAL IMPAGT: FUNDING AVAILABLE Attachment C"Å"' )(*,*- Andrew Keys, D$uty City Manager The total long term annual cost of the proposeO agree,irent'lis $620,000 The total cost of the term of the agreement is $1,545,000 as shown below. Fiscal Year 2019120 $395,000 Fiscal Year 2020121 $530,000 Fiscal Year 2021122 $620,000 Total Gost (3 years)$1,545,000 Budget adjustments for these increases will be needed at Mid Year Fiscal Year 2019120. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves will be necessary to finance a large portion of the salary increases. Ad e le Post, Human Resources Ma nager MEMORANDUM O F'UNDERSTANDING BETWEEN CITY OF LODI AND LOCAL 1245 INTERNATIONAL BROTHBRHOOD OF ELECTRICAL \ryORKERS ELECTRIC UTILITY UNIT Januarv 1. 2019 - December 3L. 2021 Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Arlicle XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIil Article XIX Arlicle XX Article XXI Article XXII Arlicle XXIII Article XXIV Article XXIV Safety Chiropractic Coverage ...... Deferred Compensation .... Dental Insurance ....... Life Insurance............ Long Term Disability Medical Insurance..... Retirement Sick Leave con""rriãn'.... Vision Insurance Flexible Spending Account Tøble of Contents CHAPTER 1. SALARIES AND OTHER COMPENSATION Table of contents to be updated in final version Compensation for Illness or Injury Incurred in Course of emplo¡zment .... Court Appearances/Jury Duty. Over1ime...... Salary Standby Duty Temporary Upgrade Tools and Unifonns Tuition Reimbursement CHAPTER 2. LEAVES Catastrophic Leave.... Bereavement Leave... Holidays Leave of Absence Sick Leave Vacation .1 .1 ,2 .4 ,6 .7 .8 ,9 CHAPTER 3. INSURANCE AND RETIREMENT ....10 ....1 0 .... 1 1 .,',12 ....12 ....12 ...14 ...14 ....t4 .,,,14 ....1 5 ....r6 14 T7 I9 ....1 8 ....1 8 CHAPTER 4. SAFETY Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX CHAPTER 5. \ryORK HOURS" SCHEDULES. MEALS Hours........ Inclement Weather.... Meals Trouble Truck Electric Distribution Operator Relief Procedure Single Shift Plan. Electric Distribution Operator Procedure CHAPTER 6. ASSOCIATION/CITY ISSUES Changes in Memorandum of Understanding City Rights Demotion and layoff . Drug and Alcohol Policy.... Employee Representatìon .. Grievance Procedure Disciplinary Proceedings ... Mutual Consent Clause No Strikes Policy Manual Probationary Period...... Rest Period Miscellaneous ...... Tenn......... .21 .22 .22 .24 .25 .26 .27 .27 .28 .28 .28 .JJ .35 Article XXXI Article XXXII Article XXXIII Article XXXN Article XXXXV Article XXXVI Article XXXVII Article XXXVIII Article XXXIX Article XL Article XLI Article XLII Article XLIII Article XLIV ........39 ........39 ........39 ,,.,.,.,39 ........40 ........4r ........42 43Attachment A Salary Schedule City of Lodi And International Brotherhood of Electrical 'Workers Local 1245 January l, 20198 - December 3 l, 202Lß Chapter 1. Salaries and Other Compensation Anrtcln I - CowtpENSATIoN roR Ir,I,NBSS oR lN¡unv lNcunnnn rN Counsn or EvrploYMBNT 1.1 The City and the IBEW Local1245 mutually agree that when an ernployee is cornpelled to be absent from work due to injuries or illness arising out of and in the course of his/her employrnent, the City will pay fulI 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 payrnent 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, atlhe 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 tirne the tirne cards are tumed in and shall not be changed after being submitted. The employee's regular deductions shall be made from the amount paid by the City. Anrrcln II - Counr AppnAn¡.NCESÆrrRy Durv I Z.t The IBEW Local 1245 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 couft or to give a deposition as a result of an action taken within the scope of ernploynent 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 compensatethat employee at one and one-half tirne his/her regular pay for the time spent in any appearance as required by this article. As a prerequisite for pa¡nnent 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. Voluntary grand jury service such as that service in San Joaquin County is not covered by Jury Duty leave. 2.3 I Crrv oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL Vy'oRKERS - MOU æ# 2019-:2021 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. Anrrcln III - Ovnnrnnn Overtirne work is work performed by an employee at times other than those nonnally required for his/her employnent and includes time worked as follows: f . in excess of forty hours in a work week, 2. in excess of nine hours in any work day, 3. time worked outside of regular hours of work on a work day, 4. time involved on non-work day, and 5. time worked on a holiday. 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 "emergencf ' work. All other overtime at the rate of two tirnes the straight time rate of pay. The time worted 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 tirne 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.I after consultation with the employees and the ernployee 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. J.J Employees who are required to report for work on their non-work days, or holidays, shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than two hours. 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. 3.1 Overtime, except as provided for in Article V, Section 5.1 shall be compensated as follows: 1 2 2 3.4 Cny oT.LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS MOU 2O+-8 2019 .202I Any ernployee 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. 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 fìrst call employees on the list who meet a 30?f'- minute response time requirernent. The City retains the right to call any qualified City ernployee to fiIl in crews after the overtime list is exhausted. No ernployee shall be required to trade time for the purpose of avoiding payrnent of overtirne. J./Employees may exchange work days with other employees in the same classification provided: 1. both ernployees are agreeable to the exchange; and 2. neither employee work more than forty hours during the work week involved; and 3. the exchange receives rnanagernent authorization. 3.8 3.5 3.9 3.10 When, at the request of the supervisor in charge, an ernployee repods for preananged work: 1 On work days outside of hislher regular work hours he/she shall be paid overtime compensation for actual work time in connection therewith, provided however, that if any such ernployee continues to work into or beyond hislher regular work hours he/she shall be paid overtime compensation only for actual work time up to his/her regular work hours. On non-work days or on holidays he/she shall be paid overtime compensation for actual work tirne in connection therewith. For the purpose of this section prearanged notice has been given by the end of his/her preceding work period on a work day. Subject to the following lirnitations; any ernployee eligible for overtime pay may choose to accept compensatory time off (CTO) in lieu of cash compensation for eamed overtime. CTO will be granted at the applicable overtime rate for each hour of overtime earned. 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 {geþIhorrrfy rate of pay in the first full pay period in January of each year. The ernployee may request to reduce his,trer accumulation to an amount below the mandatory reduction to 120 hours. In addition, an employee may request pay off of any porlion of his/her compensation on the first of April, July and October. An employee shall decide whether earned overtime will be recorded as overtime, CTO, or an equivalent combination prior to subrnission of their next time card. Such decision shall be irrevocable subsequent to the submission of the time card. 2 aJ 3.11 I Crrv oF LoDr AND INTERNATTONAL BROTHERHOOD oF ELECTRTCAL WORKERS - MOU æ+S 2019-: 2021 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 the supervisor feels the workload is such that shorter notice is acceptable, he/she may grant CTO accordingly. Anrrcr,n IV - S¿.r-¡.ny Effective July l. 2019" emplolrees in the barsaining unit will receive a 9% cost of living adjustment. Effective with the first full pav period in calendar year 2020. employees will receive a 4% 4.1 nnaf nf lir¡.ino orlirrcfmenf FfFpnfir¡p .trifh f fi*.+ G,ll ^-., ^^;^á nol onÃon .rooo 2021 employees will receive a 3olo cost of livine adjusûnent. 4.2 ¡\ll members ef the bargeini t eave netrs must Ueuse I +.ZZ Lodi has entered into a separate agreement with the Califomia - 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 fuither 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 pennit limited apprenticeship study during paid work-hours, workload permitting, typically during inclement weather. 4 I Crv oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU X+S 2019,2921 Electric Line Apprentices I or II are on probation at all tirnes while they are classified as Electric Line Apprentices I or II. 4.34 Effective the beginning of the pay period which includes January 1,2075, 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 requirernent of applicants and incurnbents currently receiving the prernium, and as such, it will be incorporated into salary. Job descriptions will be updated to reflect this additional job requirement. | +.+ ttose employees required to have a Class "A" commercial driver's license as part of their employnent will be given $600.00 per year. a.Effective September I, 2018, the following job classifications will no longer requlre a Class "A" commercial driver's license: Substation Technician Electric Troubleshooter Electric Foreman Metering/Substation Supervisor Troubleshooting Supervisor Construction/Maintenance Superuisor b. 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 "4" commercial driver's license, paid in October of each year. Adrian Solis Ed++tzBatriek Brian Henry Elts+tambsm Danny Souza Richard Willett l,+ieì*erc+iz Brent Sirkel Roy Dodgion J€fSN€fl¡È€€d Ross Phillips Employees represented by the IBEW Local 1245 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 "4" commercial driver's license within one (l) year of their hire date (or as defined in their job description). Following the issuance of a Class "4" license employees will receive $600.00 per year (pro rata to date of issuance of license) for maintaining a Class "4" license and arurually each year thereafter in accordance with City policy. Loss of a valid Class "4" commercial driver's license will result in loss of the stipend (pro-rated) until such time as the license is reinstated. 5 c. Cny or LODI AND INTERNATIONAL BRoTHERHOOD oF ELECTRICAL WORKERS - MOU 2E+8 2OI9 - 2O2I 4.5 Ernployees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination adrninistered by the City shall receive a monthly bilingual supplement of $150.00. The City Manager has the discretion in detennining the languages that will be recognized. AnrrcrnV - Srar,{nnYDurY 5.1 Employees assigned to standby duty for emergency calls shall receive straight time pay for each standby period as follows: Other ErnPlo)¡ees On work days 3 hours On non-work days 4 hours On observed holidays 8 hours December 24 (When Observed) 5 hours Electric Distribution 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 becornes 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 cornmon 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 ernployee 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 Paf' (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. 6 I Cnv oF LoDr AND INTERNATTONAL BROTHERHOOD oF ELECTRTCAL WORKERS - MOU 2e+52019_:2921 STANDBY ELECTRIC TROUBLESHOOTER OR TROUBLESHOOTING SUPERVISOR: The Standby Electric Troubleshooter or Troubleshooting Superyisor 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 starling at 0700 hours on the day of the holiday and continuing to 0700 hours on the day after the holiday. Troubleshooters may work a9180 schedule. The Standby Electric Distribution Operator and Electric Troubleshooter will be provided and must be available during their standby duty by the answering service. 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 rninimum of two hours (there will be no offset on standby pay), subsequent calls willbe paid for actual time worked. If an employee assigned to standby duty is called for emergency work more than once in a twenty-four hour period from midnight to midnight, minimum ovefiime 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 overtirne compensation shall be paid for his/her actual work as herein provided. For the purpose of this section, concunent 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,lher regular work hours such call shall not be considered as a first call for the purpose of the minimum overtime compensation. Anucr,n VI - TnupoRARY Upcn¡,nn 6.r The City of Lodi and the IBEW Local 1245 rnutually agree that any Electric Utility Department employee ternporarily assigned to a higher classification than their regular classification shall receive a 10o/o wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the "8" 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. 'When, in accordance with Section 6.1 above, the City requests members of a line crew to temporarily replace their foremarVforewoman and all members of the crew refuse to accept the assigrunent, 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 forernarVforewoman responsibilities. 5.2 5.3 7 6.2 I Crv oF LoDr AND INTERNATToNAL BROTHERHoOD oF ELECTRTCAL WoRKERS - MOU 4+S 2019_ 2O2l Normal crew work would resume when the City deems that adequate supervision is available. In the event a person is upgraded in a two-man crew situation the ernployee will receive a 5olo premiurn for all such time worked in excess of four hours during the normal work day. 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 El ectri c Di stribution Operator. Anucrn VII - Toom AND UNTFoRMS I t.t The City and the IBEW I-ocal1245 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: 6.3 6.4 Skinning knife Work gloves Pliers, side cut Screwdriver, 10" Safety strap Utilitybag 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 LinemarVlinewoman, Electric Foreman/Forewoman, Construction/Maintenance Supervisor, Electric Troubieshooter and Troubleshooting Supervisor. ln 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 fumished 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 wom out tools will be replaced on an exchange basis. The eity rvill previde eadr enrpleyee with three pairs ef gleves per {iseal year, 7.4 The Citv and IBEW mutuall]¡ agree to move the discussion on uniform standards to an ad- hoc committee and asree to conduct the committee meetins no later than 60 davs from ratification of this MOU. Should no mutual asreement be reached between the cfqfrrc ^tt^ f^. tha fpm nf +hi" Nzfl.ìT Tncrfiesuniformcfqndarrlc rx¡ill re.¡n 8 I Crrv oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL Vy'oRKERs - MOU %+S 2019 :2021 The City shall provide uniforms and laundry service for all field employees that conform to regulatory standards. Anrrcr-n VIII - Turrr ON RBIMBURSEMENT 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 pennits. 9 CITY oF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS - MOU N+A2OIq - 2021 Chanter 2. Leaves Anrrcr,r IX - ClusrnoPHrc Ln.rvn 9.1 Catastrophic leave will be provided in accordance with the City's current Catastrophic Leave Policy. Anrrcr,nX - BnnnrvnMnNTln.rvn 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 rnay 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 farnily shall be limited to an employee's Spouse grandparent-inlaw grandchild s+€p€hi+d halÊbrether parentblgp{Alg4ffoÊIgt grandparent/stçp:gg4dpêrgnt parent-in-law child/step-child/foster child son-in-law daughter-in-law brother/h4pqfgp sister,4r4pqþp halÊsis+e festerpa*ents or a rnore 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 IcITvoFLoDtANDINTERNATToNALBRoTHERHooDoFELECTRTcALWoRKERS-MOU 4+82019-2021 Anrrcr,n XI - Horm¡.vs 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 xDay After Thanksgiving xChristmas January 1 3d Monday in January 4th Monday in May July 4 lst Monday in September 4th Thursday in November Friday after the 4tl'Thursday in Nov December 25 *Operations Division employees have until March 31't 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 VII and Electric Distribution Operator Supervisor), overtime is paid for tirne worked on the above listed holidays. ln addition, to the fixed holidays listed above, each employee will be granted five days of floating holiday leave (40 hours for employees working 518 schedule, 45 hours for ernployees working a 9180 schedule, and 50 hours for employees working a 4110 schedule) to be taken off at a time rnutually 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 rernaining 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 rernaining in the year deducted from their holiday leave balances. 1 1.3 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 I Crrv oF LoDr AND INTERNATTONAL BRoTHERHOoD oF ELECTRTCAL WoRKERS - MOU æ+S 2019 : 2021 Anucln XII - Lnlvn On AssnNcn I2.1 Leaves of Absence will be provided in accordance with the City's current Leave of Absence Policy. ARrrcr-n XIII - Srcr Lnavn 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 rnay be accumulated up to an unlirnited amount. ARrrcr,n XIV - Vac¡.rroN 14.1 Employees hired prior to January l, 1995 shall accrue vacation as follows: Hours Per Pay Period 0 through 5 years: 6 through 11 years: 12 through 14 years 15 through 20 years 2lstyear: 22ndyear: 23rdyear: 24thyear: 25thyear & Over: 0 through 5 years: 6 through 11 years: 12 through 14 years: I 5 through 20 years: Employees hired after January 1, 1995 shall accrue vacation as follows 3.08 4.62 5.24 6.16 6.47 6.18 7.09 1.40 7.7r 3.08 4.62 5.24 6.16 (10 days per year) (15 days per year) (17 days per year) (20 days per year) (21 days per year) (22 days per year) (23 days per year) (24 days per year) (25 days per year) Hours Per Pay Period (1 0 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: there are no major scheduling problems in the judgment of the City; a request is made at least forty-eight hours in advance; and transportation to and from job site are the responsibility of the individual employee. 1 2. aJ. I2 I Crrv oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTCAL WORKERS - MOU æ+S 2OJ9_:2W I4.3 An employee who terminates emplo¡rment 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 I Cnv oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 4+529]9:2921 Chanter 3. Insu ce and Retirement ARrrcrn XV - Cnrnopn¡,crrc Covnnacn 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 lirnitations of said plan. Anrrcr,n XVI - DnrnnnnD CoMpENSATIoN 16.1 The City agrees to match up to an employee's 3% contribution to the Deferred Compensation Program. Anrrcr,n XVII - DnNrar,INsuRANcn 17 .l Employees and their dependents are provided fully paid dental insurance. 17.2 Maximum benefits are $1,000.00 for each family member enrolled in the dental plan per calendar year. There is a $25.00 deductible plus co-insurance features. Anrrcr,n XVIII - Lrrn lNsunaNcn 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 carner. This insurance is only applicable to active employees. 18.2 The City agrees to pay the empioyee's premiums for the above mentioned life insurance program. Anrrcr,n XIX - LoNc TgRM Drs.rnLrrv I9.l A longterm disability program which, coordinated with other disability benefits shall provide a benefit of 66-213% to a maximum of $i0,000.00 per month of the employee's 14 CITY oF LODI AND INTERNATIONAL BRoTHERHOOD oF ELECTRICAL .WORKERS - MOU X+A 2019 - 2O2I basic monthly eaming in the event of disability. This program coÍrmences 120 days frorn the date of disability. Please refer to the City's Policy on Long Tenn Disability. 19.2 The rnaximum length of coverage is three (3) years from date of disability. ARrrcr.n XX - Mnnrcar,INsuRANcn 20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan available in Lodi through CaIPERS and the parties shall meet and confer on a replacement plan offering such an equivalent level of benefits. 20.2 All ernployees are offered medical insurance for themselves and dependents through CaIPERS-Medical Plans. Effective January 7,2078, the City shall pay a monthly maximum of the following for each family category: 51,794.5I per month for Family $1,380.39 per month for Ernployee +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 rnedical insurance through the City of Lodi, an additional: $692.81 per month for family 5532.92 for employee t 1 dependent 5305.22 for single will be added to either the employee's deferred compensation account or cash. In order to qualifl, for this provision, proof of group insurance must be provided to the City. 203 Employees shall be eligible for rnedical 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 I Crrv oF LoDr AND INTERNATToNAL BROTHERHOOD oF ELECTRTCAL WORKERS l¡/lOU 2414 2019-:202L Anrrcr-n XXI - RnrrnnNrnNr 21.1 The City of Lodi provides retirement benefits through the Public Employees Retirernent System. Employees shall receive the following retirement benefits for employees deemed to be "classic" employees by PERS: Miscellaneous2o/o @ 55 plan: 1957 Survivors Benefit Third Level 1959 Survivors Benefit (Section $21573) Improved Non-lndustrial Disability Allowance (Section ç21427). Benefits which provide under PERS a 30Yo benefit after five years of service, increasing to a maximum 50% benefit. Po st-Retirement Survivor Allowance ( S ection ç21 624) Credit for Unused Sick Leave (Section $20965) Military Service Credit as Public Service (Section ç21024) Effective January 1,2015, employee shall pay the fuIl 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 benefìts for employees deemed to be "new" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA): Miscellaneous 2o/o @ 62 plan: 1957 Survivors Benefit Third Level 1959 Survivors Benefit (Section $21573) Improved Non-Industrial Disability Allowance (Section ç21427). Benefits which provide under PERS a 30o/o benefit after five years of service, increasing to a maximum 50% benefit. Po st-Retirement Survivor Allowance ( S ection ç21 624) Credit for Unused Sick Leave (Section $20965) Military Service Credit as Public Service (Section ç21024) Effective January 7,2015, 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 ernolovees in this barsainins unit^ classic and a a a a a a o o o a a a a a Effective the first full oav period in Julv PEPRA. will enter into a cost-sharing agreement and asree to oav two oercent 0%n\ of the 's normal share of cost. The will be with lo/o cost-sharins effective the first fuIl pay period in July 2020 and an additional Io/a cost-sharing the first fulI pa)¡ period in January 2021 for a total of 2%. r6 I CTTv oF LoDI AND INTERNATIoNAL BRoTHERHooD oF ELECTRICAL WoRKERS }¡/rOU æ+529]9:2921 2l 4 The City agrees, at the employee's request, to provide an exit rneeting 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 rneeting will discuss health benefit options (COBRA), sick leave conversion (if applicable), infonnation on obtaining CaIPERS benefit estirnates; service and disability retirements, ernployee association options, and any other benefits the employee is entitled to. Anucr,n XXII - Srcr Ln¡,vn CoNvERsroN 22.I For all unused sick leave, a represented employee with ten years of ernployment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis: 50o/o of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the ernployee and dependent. For each year that an employee has been ernployed in excess of l0 years,21l2yo will be added to the 50o/o for valuing the size of the bank. Robert Srnith 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 .75X524.64: $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 ln the event an active employee dies before retirement and that ernployee 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. ln accordance with the sick leave conversion provisions, a surviving spouse may, at his/her own expense, continue medical insurance at the ernployee 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 Govemment Code Section 20868.8. This benefit is available to all etnployees regardless of date hired; however, it is the only sick leave conversion benefit available to employees hired after January I, 1995. It is agreed that eight hours equals one day for purposes of 17 I Cnv oF LoDr AND INTERNATToNAL BROTHERHOOD oF ELECTRTCAL WoRKERS - MOU æ+52919:292L determining days creditable. Employees who are eligible, may, for any of the options in this section, utllize one or any combination of options provided that the total amount of hours used does not exceed the amount of sick leavé hours accumulated at the time of employee' s retirement." Anrrcr,n XXIII - VrsroN INsuRANcn 23.1 The City agrees to provide a vision care plan, equivalent to the VSP Plan B, with a $25.00 deductible for the employee and dependents; the entire premium to be paid by City. Anrrcr,n XXIV - Fr-nxmLB SpENDTNG AccoLrNT 24.1 The City will maintain a pre-tax "flexible spending account" to confonn to IRS regulations to be used for premium contributions, dependent care and/or un-reimbursable medical payrnents 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 I Crrv oF LoDr AND INTERNATTONAL BROTHERHOOD oF ELECTRTCAL WORKERS MOU i41A 2019- 2021 Chapter 4. Safety ARncr,n XXIV - Slpnrv 24J The City reaffirms its desire and airn to provide a safe place of ernploynent for its ernployees and shall continue to take all reasonable steps to insure this, such steps to include but not be limited to: conducting frequent inspections ofjob site operations; taking necessary steps to protect against job hazards, both unsafe physical conditions, including methods and processes, and unsafe actions of people; continuing "tailgate" safety meetings on all jobs for the purpose of briefing employees on the hazards connected with the work to be perfonned, to plan work and to emphasize safety in the perfonnance of the work; continuing pæø¿ienOgnthly safety meetings for the purpose of discussing matters related to safety and to provide an oppofiunity for first aid training. continued management cooperation in the preparation of the agenda for such meetings. I Z+.2 The IBEW Local1245 will cooperate with the City in providing speakers and materials for safety meetings. 24.3 The Electric Utility Department shall hold monthly safety meetings for all bargaining unit employees@. Where it is unreasonable to bring all bargaining unit employees together at one time, these rneetings 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 Semiarurual 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 Pteetrie Utitity Sup IBEW Local 1245. The committee shall be free to schedule its own inspections but must report at each $*afre1)¡!0g!thly 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. 1 2 -') 4 5 I9 Cry oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU æ+.92019_:2921 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 ernploynent except as indicated in sections24.9.2 and24.10 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 optornetrist. 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 superuisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows: 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. If an errployee requires a change of prescription for safety glasses, the ernployee must submit a written statement from the eye doctor stating that the prescription change is necessary. 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: Where the city would be required to replace issued safety glasses due to abuse by the employee. Failure on the part of an applicable employee to wear or utilize issued safety glasses unless otherwise agreed to in writing. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service. 1 2 J -') 2. J 20 I Cnv oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU æß ?0lg :-2021 Chapter 5. \Mork Hours" Schedules. Meals Anrrcln XXV - Houns I ZS.t The City and the IBEW l-ocal1245 mutually agree that the regular hours of work for line crew personnel shall be 7:00 a.m. to 12:00 Noon, and 72:30 p.rn. 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 tirne 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 l2 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.rn. shall be designated as swing shifts. All eight hour work periods regularly scheduled to begin at 8 p.rn. or thereafter but before 4 a.m. shall be designated as graveyard shifts. 25.3 Alternate Work Schedule The following defines the terms and conditions of the alternate work schedule known as 9-80. The normal workday is 7:00 a.m. to 4:30 p.m. Monday through Thursday with one half hour for lunch break and 7:00 a.m. to 3:30 p.m. on a Friday workday with one half hour for lunch break. a a o 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 a a 2t I Crv oF LoDr AND INTERNATTONAL BROTHERHooD oF ELECTRTCAL WomeRS - MOU 2A+52919_:2921 customer or for any other reason not in the best interest of the operation of the Departrnent. The Electric Distribution Operators will not participate in the altemate work schedule. The alternate work schedule may be cancelled by either party effective at the end of a pay period, but in no event later than the end of the next fuIl 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. Anrrcr-n XXVI - INcr,nvrBNT WEATHER 26.1 The City will not require work on electric lines or outdoor substations (other than operating functions) in inclernent weather, except in cases of emergencies. When employees are prohibited frorn performing their regular duties because of inclement weather, the City will provide work which can be performed under protection frorn the weather. If the emplovee use ersonal leave 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. Anrrcr,n XXVII - Mnars 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 perfoûn 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 irnplemented two hours after reporting to work. The City shall continue to provide meal allowances at four-hour intervals until the first such rneal allowance falls within the normal work day, then only one subsequent meal allowance shall be allowed. The time taken to consulre 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-prealranged work on a work day extending the normal work day by two or more hours, the City will provide such ernployee 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 rneal shall be at the City's expense. 27.2 When the City requires an ernployee to perform non-prearanged work on non-work days, the City will provide meal allowances at intervals of four hours. The first meal allowance a a 22 Crry oF LoDr AND INTERNATToNAL BRoTHERHooD oF Elecrzucel WoRKERS - MOU %+8 2019 - 2021 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 rneal 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. 21.3 When an employee is required to perfonn prearanged work on non-work days during regular work hours, the employee shall observe the lunch anangements 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 . 21.4 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 ernployee 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 approxirnately 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.rn. - 12:00 noon - 6:30 p.m. 27.5 If the City requires an employee to perfonn prearranged wort starting two or more hours before regular work hours on a work day and such work is cornpleted less than one hour prior to the beginning of the nonnal 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 The break between the completed work (call-out) and the beginning of the workday is less than one (1) hour. The work (call-out) is continuous and extends the workday by more than two (2) hours. On Standb)¡ 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. 21.1 For the pu{pose of this section prearranged work shall mean that the employee was notified of the work prior to the end of the preceding work day. 1 2. 23 I CITv on LoDI AND INTERNATIoNAL BRoTHERHooD oF ELECTRICAL WoRKERS lr/r}U æ+S 2O]9 : 2O2L Anrrcln XXVII - TnousLB TRUCK 28.1 SHIFT SCHEDULES 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 nonnal work hours. The work hours on Saturday can be shifted to 0700-1530 hours by rnutual 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 seruice. 283 SCHEDULED LEAVE Scheduled leave will only be authorized for one Electric Troubleshooter or Troubleshooting Supervisor at any one time, except for a hardship case. Scheduled leave is defined to begin and end at the beginning of the normal workday and be based on the dates shown on the Request for Leave form. 28,4 RELIEF If the Electric Troubleshooter or Troubleshooting Supervisor scheduled for late shift andlor 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 LinemerVlinewomen 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 I CTTv oF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS - MOU æ+E2O]9:2921 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. ARrrcr,r XXIX - Er-ncrnrc DrsrRrBUTroN OpnnaroR RBLIEF Pnocnnunn Snqcr,n-SHIFT Pu.N 29J Requests for leave, other than an emergency, shall be subrnitted 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 resurne 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 tirne, the Relief Operator will assume hislher regular schedule. B. Less than a full shift- includine 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 Offl' Utility Department Operations Division employee with the least amount of accunulated overtime in that pay yeaî 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 I Crrv oF LoDr AND INrERNArroNeL BnorHERHooD oF ELECTRTCAL WORKERS - MOU i4182019_ 2021 ARrrcr-n XXX - Er,ncrnrc OprR¡.roR PRocnruRn 30.1 Phone calls on line 368-5735 (or other phone number desigrated for such purpose), under normal conditions, will be answered by an answering service during the time period æ+5- 0æ!?00-02Q0 hours. The answering service will dispatch an Electric Troubleshooter or Troubleshooting Supervisor to the scene and he/she will 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 radie-contact with the answering service at all times via cell phone and/or radio. In addition, the Electric Troubleshooter will be provided a cell and must be available service and/or the Standby Eleetric Distribution Operator or other authorized personnel. Once the Standby Electric Distribution Operator arrives at the Operations Center, he/she will contact the answering service and report "on-duty." At this point, all established operating procedures take 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 tumed over to the answering service. The Electric Troubleshooter or Troubleshooting Supervisor will record "time called" and "time back home" on all calls in the time period durins their standby2?+il-æg hours. This information is to be given to Operations the following morning, for preparation of proper service tickets, etc. rt ne perver eall dispatelred by the answsing serviee and investigated by the EleeFie Troublesheets er Treublesheetin€ Superviser; feund te be an "SNP"; rvill be turned on by the Eleetrie Treublesheeter er Treublesheeting Supæ¿issr, This aetien rvill be rwerted Éo the Finanee Ðivision the fellewing rverk éaymeming' Alarms will be grouped as electrig wa+er¡*+em,gAd intrusion @ These alanns 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 alanns to the answering service are out of order at ry5U00. hours, the swinf*i+Electric Distribution Operator will remain on duty. The Electric Distribution Operator will likewise remain on dut¡r 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 I Crrv oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU 2g+S 2019-: 2021 Ch 6 Association/Ci Issues Anrrcr.n XXXI - Cn¡,Ncns IN Mnvron¡NDtiM Or UNInRSTANDING 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. Anrrcr-n XXXil - Crrv Rrcnrs 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: 32.1 to determine the mission of its constituent departments, cornrnissions and boards; to set standards of service; to determine the procedures and standards of selection for ernploy.,rnent; to direct its employees; to maintain the efficiency of governmental operations; to determine the methods, rneans and personnel by which govefiìment 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 frorn duty because of lack of work or other legitimate reasons, to take disciplinary action, and to detennine 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 emploS.,rnent. 27 CITY oF LODI AND INTERNATIONAL BRoTHERHOOD oF ELECTRICAL WORKERS - MOU %+& 2OI9 - 2021 Anrrcr-n XXXII - DnvrorroN ANn Lrvorr | ::.i The City and the IBEW !qçAl-!245 rnutually agree that when involuntary demotion andlor 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 rnay elect to displace an employee who is in a lower classification within the IBEW Local1245 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 journe¡rman/journeywofiran displaces an apprentice, he/she shall continue to be paid as a journeymarVjourneywoÍran. ARrrcr-n XXXIV - Dnuc ANn Ar,conor, Por,rcy It is the mutual desire of both parties to have and maintain a drug and alcohol free work environment. 35.1 34.1 Anrrcr-n XXXV - Evrpr,oynn REpRESENTATToN This Memorandum of Understanding (hereinafter referred to as MOU) is entered into between representatives of the City of Lodi (hereinafter refened to as City) and representatives of the Intemational Brotherhood of Electrical Workers, Electric Utility Unit, Local 1245 (hereinafter referred to as IBEW l-9g4l_!22þ). 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 Govemrnent 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-Milias- Brown Act (MMBA) which is not covered by this MOU, it shall notify the IBEW Local 1245. If the IBEW_LqçAI_L245 wishes to negotiate over such a rnatter, it shall notiflu the City within ten (10) work days of notice, and the parties shall cornmence negotiations within ten work days of the IBEW!qgaU245's notification. If the IBEW Local 1245 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 I Crrv oF LoDr AND INTERNATTONAL BRoTHERHOOD oF ELECTRTCAL WORKERS - MOU æ+S 2019_ 2021 The terms and conditions of this MOU are applicable to those employees in barsaining unit classifications represented by IBEWJ.oçaUZ5. Those classifications are as follows: Construction/Maintenance Supervisor Electric Apparatus Mechanic Electric Distribution Operator I Electric Distribution Operator II Electric Distribution Operator Supervisor Electric ForemarVForewoman 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 Local1245 35.2 Upon written notification from the Union of siened authorization b)¡ the emplo)¡ee. Tthe City shall deduct monthl)¡ membership dues or fees from the emplo)¡ee's wages and remit said dues or fees to IBEV/ Local 1245. in i Resolutien Ne, 33 l l The IBEW Local 1245 shall indemnify;defu*-an#held the City hamlesragainst any claimsmadeandagainstanysuitinstitutedagainsttheCity@ said employee for deductions of monthly dues or fees based on reliance of information provided bv the Union. erganizatienbdr*es, In addition, the IBEW Local1245 shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. a a a o o a a a o o a o o o a a a 29 I Crrv oF LoDr AND INTERNATTONAL BROTHERHOoD oF ELECrRrcel Wonrcens MOU 2e+82819-2021 35.3 The Citv shall begin deductions of dues or fees in the amount prescribed b)¡ IBEW Local 1245 in the first fuIl pa)rroll period after receipt of written certification of emplo)¡ee authorization from IBEW Local 1245. Deductions may be revoked onl)¡ pursuant to the terms of the employee's written authorization. The City shall direct employee requests to cancel or change deductions to IBEW Local 1245 and shall rely on information provided by IBEW Local 1245 reeardins whether deduction for IBEW Local 1245 were properly canceled or changed. is I zs.+ 35.5 Changes in the IBEW Local 1245 membership dues rate shall be certifìed to the City in writing over the signature of the Business Representative. The change will be implemented in the first full payroll period after receipt of @thenotification. The City and the IBEW Local1245 agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of emplo¡rment 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 LINION SECURITY 1. INTRODUCTION The following Union Security4geneyShep provisions shall apply to all employees in bargainins unit classifications 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 shallmqy, as--+-eenditie+-ef 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 @after written notice of the new amount is received by the City. R, ^ny empleyee ef the C Unien whe; en Mareh l; 2003; was an enrpleyee and was net a member ef the Unien en Mareh 1; 2003; and whe rqnains an esrpleyee eontinueusly 30 I Crrv oF Loor AND INTERNATTONAL BRoTHERHOOD oF ELECTRTCAL WORKERS - MOU æ+S2Bl9:2921 s+ipla*ed+bove. e, r\ny eity ef Ledi empleyees whe permanently {ill an {BEW represented i Tì Þ^*+ +:*^ ^- ^^ll ^**l^.,^^. n+a ¡nr -^^,,:-^Å +^ :^;- +L^ TT-:^-r srr !¡rrrv, vrrryrvJvvù 4rv uvr rvys¡¡vu rv Jvr¡r Ll¡v vlllv¡t vL yqJ q 3. RELIGIEUS EBJEETIENS Any empleyee \¡/ho is a ine pubtie employce ergffi whieh has been seleeted by the ernpleyee frem the fellerving: the tedi r\dept a @ ^, 'fhe Unien shall ke trarsaetiens and shall; by ¡\pril 1 ef eaeh year; make available te the €ity ef tedi; treasurer er eorrespending prineipal effieer;or by a estified publie aeeer*ntant, flGENeHEE- e, Held Harmless: The Unien agrees te indemni& and held the êity 31 I Cnv oF LoDr AND INTERNATToNAL BROTHERHOOD oF ELECTRTCAL WORKERS - MOU X+S 2019_2921 items as lYagesr damag ÇL_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 couft 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. Ne ernpleyee shall be terminated under this r\rtiele r*nless: 't.L^ TT-;^- ç*^+ 1^^. -^+if,^'¡ +L^ ^*-l^.,^^ L,, l^++^- ^--l^-;-:-^ +L^+ L^/-L^ ssJ ut Lr¡v vv ¡rr vv r vyvr rve rv rrrv vru vr lvur rvr D 't.L^ TT-:^- L^^ Ê,*:^L^l +L^ r\:k, ^f I ^1.: ,-,:+L -.,;++^- ^-^^f +L^+ +L^IIIÙIIViD IA1V eity rvith a eepy ef tlre letter sent te the empleyee and netiee that he/she requesting the ei ing u¡ri++en-ne+iee: "The Unien eertifies that aE*trl^"^ -'' \T^*^\ has failed te tender the ageney shep serviee fee; er palment in lieu ef serviee feerrequired as a the eity ef tedi shall terminate the enplsyee," Successor Lanzuaqe - The City agrees to the following addition to the MOU 35.1 This Agreement shall be binding upon the successors, purchasers, conveyees, transferees, leasees, and assignees (hereinafter "successors") of the City. In consideration of the IBEV/ Local 1245'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 agteement of the successor to assume the City's obligations under this agreement. The City agrees to notifli the IBEW Local 1245 of any proposed sale, conveyance, transfer, lease, assignment, consolidation or merger and to provide, and continue to 32 I Cnv oF LoDl AND INTERNATTONAL BROTHERHOOD or ElecrRrcel Vy'oRrens - MOU æ+52919-2921 provide any and all infonnation 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 notiff the IBEW_!9ç41!22þ and provide the required information; 2) Fails to allow an IBEW Local 1245 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 IBEV/ Local1245 and to the bargaining unit employees covered by this Agreement for any and all damages sustained by the IBEW Local 1245 and the bargaining unit ernployees for such failure. Anrrcrn XXXVI- - GnmvaNCE PRocEDURE 36.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: 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 I-ocal1245 and City. Discharge, demotion, suspension, or discipline of an individual employee. Disputes as to whether a matter is proper subject for the Grievance Procedure. Disputes which may be of a "class action" nature filed on behalf of the IBEW Local1245 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. A. B. C. D. JJ CITY OF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS - MOU 2A+&2019 - 2O2I 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 departrnental 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 gdevance. Step Four shall be taken within fifteen work days of the date of the answer in Step Three. 36.7 STEP FTVE If a grievance is not resolved by the City Manager, arbilration shall be the fìnal 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 imparlial arbitrator. If no agreement is reached at this meeting, the parties shall irnmediately and jointly request the State Conciliation and Mediation Service to submit to thern a panel of five arbitrators from which the City and the IBEW Local 1245 shall alternately strike names until one name retnains; 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: An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. Both parties and the arbitrator may tape record the hearing. 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. 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 goveming arbitration. It may contain mutually agreed on stipulations of fact and it may be a. b, c. d. 34 I Crrv oF LODI AND INTERNATToNAL BROTHERHOOD oF ELECTRTCAL WoRKERS - MOU 20+S 2019_:2921 accompanied by any documents that the parties rnutually agree shall be submitted to the arbitrator in advance of the hearing which rnay not necessarily be stipulations of fact. Fufther, if the parties mutually agtee, 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. The strict rules of evidence are not applicable and the hearing shall be informal. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing brieß. Testimony shall be under oath or affinnation The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. 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 testifuing and should be pennitted to testif, only in the presence of the employee or hi s/her representative and the employer's representative. The arbitration hearing shall be held on the employer's prernises. The cost of arbitration shall be bome 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 powff to add to, subtract frorn, or rnodiSr 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 wlll 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. e f. ûÞ. h. 35 CITY oF LODI AND INTERNATIONAL BROTHERHOOD oF EI-EcrzuceI WoRKERS - MOU æ+8 2OI9 - 2O2I 36.9 Ernployees 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. AnrrcI,n XXXVII - Drscrpr,nqARv PnocnnnNcs 37.1 The City Manager, Departrnent 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 perfonnance record; the nature and severity of the infraction; degree oforientation; and any extenuating factors. 37 .3 The types of disciplinary action that rnay be taken shall include but not be lirnited to oral reprimands, written reprirnands, demotions, suspensions, reductions in pay and dismissal from employnent. 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 detennine 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 perfonnance 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. Anyrights of appeal. 37.6 The following rnay be causes for disciplinary action. The purpose of specif ing these causes is to alert employees to the more coÍìmon 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. 36 I Cnv or Lool AND INTERNATTONAL B RoTHERHooD oF ELECTRTCAL WORKERS - MOU æ+C 2}lg - 2021 C D A. Improper or unauthorized use or abuse of sick leave. B. Inabilitv to maintain resular consistent attendance.whichMr tha#prevents reasonable avail ability for assigned duti es. 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. Misconduct; willful or negligent violation of anv City rule or polic)¡. the-pesennel regulafieng-an#pelþi€s, Insubordination. Acceptance of gifts or gratuities in connection with or relating to the employee's duties. 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. Fraud or the submission of false information related to employrnent application, payroll, or any work-related record or report. Soliciting outside work for personal gain during the conduct of city business; engaging in outside employnent for any business under contract with the City; or participating in any outside employrnent that adversely affects the employee's city work perforrnance; or conducting personal business on city time. Discourteous treatment of the public or city employees or disorderly conduct on city property or on city business including fighting, or using profanity, intirnidation, abusive or threatening language. K. Conduct that interferes with the reasonable management, operation, and discipline of the city or any of its departments or divisions or failure to cooperate with superiors or fellow employees. Engaging in political activities while on duty, in uniform or using the authority associated with city employnent. M. Violation or neglect of safety rules or practices. Behavior, either during or outside duty hours, which is of such a nature that it causes discredit to the city or one of its operating services. Refusal or inabilitv improve iob oerformance in accordance with written or verbal E. F. G H. I. J L. N o direction after a reasonable trial period. -tt I ctrv oF LoDt AND INTERNAïONAL BROTHERHOOD oF ELECTRTCAL WORKERS - MOU 4+52919 2A:¿l al e-igint Inefficiency, incompetence, or negligence in the performance of duties, including failure to perform or complete assigned tasks or training, in a prornpt, competent and reasonable manner. RQ-Refusal to accept and carry out reasonable and proper assignment from an authorized supervisor. S. Possessien er use ef eentrelled substanees er aleohel en eity propsty an#er at the wer*si+e, t&-Intoxication, ln+mperanee;-er incapacity or possession or use of due*+o{å€-us€-€f controlled substances or alcohol {J-S. Failure to obtain or maintain possession of the minimum qualifications for the position. \Ã.T,*Careless, negligent, or improper use of city property, equipment or funds, including unauthorized removal, or use for private pu{pose, or use involving damage or unreasonable risk of damage to property. S4U.Unau thonzedrelease or use of confidential information or official records. )G.Y-Participation in an illegal strike, work stoppage, slowdown, or other job action against the city. Y,W.Inability to perform the duties of his/her job. 4X-dishonesty m 4,4--Possession of firearms on the job-G¡ccp! for law enforcement personnel). B&2. Sleeping on the job. AA. Theft. BB. Retaliation for actions protected by law. CC. Failure to report loss of or damage caused to city equipment andlor facilities for which the employee was responsible DD. Threats of violence against city employees andlor city property. Ð+.8P. Violation of Fd P 38 I crrv oF LoDr AND INTERNATTONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2A+&20J9_ 2021 37.7 In the event of a demotion, suspension, reduction in pay or disrnissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the ernployee rnay appeal the decision by filing a written appeal with the Human Resources Department within ten (10) work days following selice 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 ernployee subrnits an appeal, the City shall refer the appeal to arbitration in accordance with step five of the grievance procedure in the MOU. ln the case of a disciplinary appeal under this article, the arbitrator's authority shall be lirnited in accordance with provisions of step five and the parties' hearing stipulations. Anrrcr,E XXXVIil - MUTUAL CONSTNT CT,AUSN 38.1 This MOU rnay be amended any tirne during its lifetime upon mutual consent of the City and IBEW Local 1245. Such amendment must be in writing and attached to all executed copies of this MOU. ARrrcr-n XXXIX - No SrRrxns 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 concefied activity which adversely affects job performance or City services during the term of this MOU. Anrrcrn XL - Por,rcy M¿,Nu¡.l, 40.1 City agrees to provide copies of Policy Manual to IBEW_Lqg¿l_!215 Shop Stewards and two copies to the Business Representative of IBEV/__[¿CaL_1245 and to place those individuals on the mailing list for any changes thereto. Anrrcrr XLI - PnonarroNARY Pnmou 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 rninimum of six months shall all be six months and are eligible for a merit increase at that tirne. 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. The salary range for Lineman/ Linewoman consists of 2 steps. Newly hired Linemen/Linewomen shall be paid at no lower 39 I Crrv oF LODI AND INTERNATTONAL BROTHERHOOD oF ELECTR|CAL WORKERS - MOU 2A+e2Ol9:2021 than the +StepUottom step of tne pry upon employnent and shall be advanced to the E-S+eptAp5tgp after 13 payperiods. 41.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except: l) Vaeatien teave sec ¡\rtiele XIV fer vaeation+ehedule LZ) The use of the Grievance Procedure to grieve termination. ZÐ The City and the ernployee may mutually agree to extend the probationary period for not more than six months. The IBEW I.gçA1-!2z15 shall be notified of all extensions. 41.3 The City will provide rnedical insurance to temporary employees. Temporary employees shall be permitted to obtain dental and/or vision insurance coverage at group rates by the employee paylng the prevailing premiums. When a temporary ernployee is convefted to regular status, he/she shall receive credit for all time worked as a temporary employee toward the probationary period. Anrrcr,n XLII - Rnsr Prmon 42.1 The City and the IBEW l-ocal1245 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 preceding the beginning of hislher regular work hours on a work day he/she shall be entitled to a rest period of six hours on the completion of such oveftime work. When an ernployee has worted 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 qualiflring 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. 40 CITY OF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL .WoRKERS - MOU 2A+8 2019 - 2O2I 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 hislher 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 helshe will be paid for the time between the expiration of the rest period and the end of the first half of his/trer 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 tirne 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 tirne as designated by the applicable subdivision. 42.9 An ernployee 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 preananged overtime work. 42.10 For the pu{poses 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 ovefiime rate and meal provisions shall apply in accordance with Article XXVIL Anrrcr,n XLII - MrscrllANEous 43.1 Prior to any reduction in force of IBEW Local 1245 represented employees, affected IBEW Local 1245 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 conceming bumping and selection shall apply. For the purpose of this agreement, contracting occurs when temporary non-IBEW Local1245 employees are filling positions; outside contractors are perfonning work in the IBEV/ Local 1245 bargaining unit and cross-training is in effect. The City of Lodi agrees to notifz IBEW Local 1245 in each instance of its intent to contract IBEW Local 1245bargaining unit work. 4I I Cnv oF LoDr AND INTERNATTONAL BRoTHERHOoD oF ELECTRTCAL Vy'oRKERS - MOU 20+S 2019 :2921 43.2 The City may employ Contract Workers, including linemen/linewomen and individuals in other skilled trades represented by IBEW Iqç91-P45, from the dispatch hall of IBEW Local 1245. The terms of such arrangements are as follows: Contract Workers will be refened 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 byLocal1245. 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 oveftime, 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. | +z.z The City of Lodi shall continue to provide IBEW Local 1245 with as much notice as is practicable of technological changes in its business that rnay have a significant effect on its work force. In such circumstances, the City of Lodi and the IBEV/ Local 1245 shall then meet to study and endeavor to adopt appropriate solutions. 43.4 The City will provide a representative of IBEV/ Local 1245 access to attend a thirty (30) minute oortion of the new hire durins which the IBEW Local 1245 reoresentative mav meet nrivatelv with the sroup of newlv hired IBEW Local 1245 hargaining unit memhers.The Ci fv will IBEW Local 7245 at least ten davs' afuance notice of any new employee orientation absent an urgent need critical to th eCity's operations. in which case the City will provide as much advance notice to IBEW Local 1245 as possible. Anrrcr,n XLIV - Tnnm 42 I Crrv oF LoDr AND INTERNATTONAL BROTHERHoOD oF ELECTRTCAL WORKERS - MOU zu+S 2019_: 202L | ++.t This MOU covers the period from January 1,4**2119 tltrough Decemb er 37,?sLffi Effective January 1, 2019?s+8, and except as provided herein, the Memorandum of Understanding ("MOU") between Local 1245, Intemational Brotherhood of Electrical Workers, Electric Utility Unit ("IBEW") and the City of Lodi ("Citl') shall cover the period January I,2019?s+8 to December 31, æ+&2021., 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. 43 CITY OP LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 28+8 2019 - 2021 ATTACHMENT A I mnw satary effective I 2019 ¡sgOese¡*pt¡en EfÉÐate S+ep4 Step4 S+êp+SteÊ3 Step4 1212212914 1l+49836 1+Sj44gJS W €+38r-So 137S3#0 ÐISTRIBUTION PTANNER a+4412044 SS0J€9@ s4-fi936 99æ 1€zÆ ÞISTRIBUTION PTANNING SUPERVISOR a1ta1t2a14 94,58æ 9W 1€4-260$0 1€9lt8,ts6 ll4p4248 W a1la1/2014 74,734,4ø 78,47 4,24 æAE=52 8@ 90#73-12 ê¡/4!d2414 7æ4#7W 742Æ W 8ffi 4]#?312416 87S7Æ W 9æ4 4€ffi 1€5TeÆÊJ4 SIIPERVIS€R g4l20t2a1ê sffi€O 1 00,5,10, ,1 ,1 1€5S06-80 4J€S69J2 11€.437-è2 W 12t22t2014 10351æJ4 1€€31836 ræ 1J's;4+rSO 42ffi ETECTRIG GROUNDWORKER a1/a112014 59S92-80 W 6++4€$0 68-144Æ 71æAO ffi e7+29/291â w 70î598,58 7+M 7lag34$g 8æ8 W 0+l2gt201s 89"899142 9€9æ0 W 12t22t2414 89S89 94JSSA4 98JOr=40 103€33Æ $sß41-64 W a1tou2al 4 6ffi 7W 73,773,44 7W EW W 1212212914 {]rru 9æ9232 14W 1Oæ llJ-596J€ 01101/2014 æs7g W W 72p04$g 7WW W ÏEEHNIEIAN a]l01120]/'6Wß0 1ffi 7ffi 8æ€430 84J98"4ß ffi 12122t2014 9€r71+*o W 139S3632 14ffi W E$E+R]€TAN 41t01t2014 73,967,44 77S5€S8 8€-æ 8ffi e9p00s4 tËAÐ ETECTRICIAN 11t15ræ1â 8W W 89,69€-54 94,481-37 98390-44 ME:TERIN€JFE€HN]CTAN ø11o112011 W W 88é66,14 92-p9654 s7g4-44 W ÏEEHNICIAN 0411412011 8æ 8641¡'96 W 9æ-æ+2 449p32J4 SENIOR EtËCTRIEAL 1212212914 1€9,89131 ll#92€8 ]p.1-l50so 4W ß3#4å4 W 12p2Æ414 effi 144#€236 r€9s36,32 +4ffi W 12/22/2014 {4#S8$6 49J4SAÊ W 1€l-381-90 13¿S3t3O TROU BTESHOOTING SUPERVISOR 12122/2A14 {€0s9æ 14ffi 11#2Æ 14æ07J0 1æ UTIUTY EQUIPMENÏ SPEEIATIST a1101t2014 64S9€,76 æÆ3+2 7]'€¿Æ 7W 79S1€€4 44 I crrv oF LoDr AND INTERNAÏONAL BROTHERHOOD Or EleCrntCAL WORKERS - MOU *+s 2019 : 2021 EFFECTTVE DATE JOB CODE TITTE ANNUAT SALARY SteÞ 0 Steo 1 Sten 2 Sten 3 Stên 4 7 /7/201,9 6s50 CONSTRUCTI ON/MAI NTENANCE SU PERVISOR s s 5 s s 150.345.00 7 /71207e 6513 DISTRIBUTION PLANNER s 93.696.46 s 98.389.72 S 103.309.44 s 108.483.18 S 113.8ss.08 7 /7/201.9 6514 DISTRI BUTION PLANNER SUPERVISOR S 103.094.16 S 7oa.227.oa S 11? .6 4? .4o S 119,338.44 S r25,287.76 7 /7/2079 6s03 ELECTRIC APPARATUS MECHANì C s 81,460.60 s 8s,s36.88 s 89.83s.72 S 94.31s.s2 s 99.051.68 7 /u20r9 65 31 ELECTRIC DISTRIBUTION OPERATOR I s 76.538.28 s 80.36s.48 s 84.389.50 S 88.s97.6c)5 93,038.92 7 h/2019 6532 ELECTRIC DISTRIBUTION OPERATOR II S s s s 109,861.70 S 115,378.90 711.12079 6535 ELECTRIC DISTRI BUTION OPERATOR SUP ERVISOR 5 s s s S 1,26.976.92 7 h/2019 6505 ELECTRIC IOREPÊRSON s s 5 s s 736.67 4.20 717lZOr9 6500 ELECTRIC GROUNDWRKR s 64,411.10 s 67,630.68 s 71.008.60 S 74.s68.26 s 78.286.52 7 h/2019 6501 ELECTRIC LINE APPRENTICE I s 73.288.2a s 76.9s2.20 s 80.800.20 s 84.840.O8 S 89,081.72 7 /1,/2079 6s02 ELECTRIC LINE APPRENTICE II s 97,990.36 s 102,889.80 s 5 s 7 /1 1201q 6504 ELECTRIC LINEPERSON s s s S 113.178.s2 s 71A.A62.12 7 /t/201,9 6507 ELECTRIC MATERIALS TECHNICIAN s 72.915.72 s 76.5A1 .44 s 80,413.06 S 84,432.92 S 88.6s2.20 717/2079 6 511 ELECTRIC TECHNICIAN S roa,692.zz s 714.125.44 S 119.830.62 s 725.A2r.54 S i,32.1,1,6.92 7 /r/2019 6520 ELECTRIC TROUBLESHOOTER s s s s s 121,639.96 7 /112079 6509 ELECTRICAL DRAFTI NG TECH NICIAN 5 68,646.24 5 72,083.44 s 75,676.90 s 79,46s.36 s 83.439.72 7 h/20r9 6554 ELECTRICAL ENGINEERI NG TECH NICIAN S 7s.s20.38 s 79.283.88 s 83.2s1.48 s a'ì.42?ia S q1 .776.16 7 /7/201,9 6506 ELECTRICIAN s s s s 93,30s.66 s 97,997.04 71712079 6508 LEAD ELCTRICIAN 5 s s s S 107.790.s8 7 h/2019 6540 METERING TECHNICIAN s s s 5 S 106,429.18 7 /1.1201.9 6555 SR ELECTRICAL ENGI NEERI NG TECHNICIAN s s 5 s s 109.035.16 7 /7/2079 65L2 SR ELECTRICAL TECHNICIAN S rr9.7aL.4a s r25.777.86 S 132.0s4.s2 s 138.668.40 S r4s,s92.20 7 /r/201,9 6565 SUBSTATION TECHNICIAN s 5 s s r25.82ï.54 S 1-32.LL6.92 7 /1 12019 6s60 SUBSTATION/METERERI NG SUPERVISOR s s s 5 s 150.345.O0 7 /I/2079 6521,TROUBLESHOOTI NG SUPERVISOR \s s s S 136,674.2o 7 h/2079 6530 UTI LITY EQU I PMENT SPECIALIST S 70.843.24 s 74.395.88 s 78.12s.32 S 82,020.38 5 86,L30.72 45 I. B. E. W. - LOCAL 1245 ELECTRIC UTILITY LTNIT Torn Dalzell Business Manager,IBEW Date Sheila Lawton Business Agent,IBEW Date Rod Brown Substation/Metering Supervisor Date Norman Cassin Electrician Date: Brent Sirkel El ectri c Troubleshooter Date: Jeff Norwood Electric Foreman CITY OF LODI A MIINICIPAL CORPORATION Stephen Schwabauer City Manager Date: Andrew Keys Deputy City Manager Date: Adele Post Human Resources Manager Date: APPROVED AS TO FORM: Janice D. Magdich City Attorney Date Attest: Jennifer M. Ferraiolo City Clerk Date:Date RESOLUTTON NO. 2019-175 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS EFFECTIVE JANUARY 1, 2019 THROUGH DECEMBER31,2021 WHEREAS, representatives from the City and the lnternational Brotherhood of Electrical Workers (IBEW) have bargained in good faith and reached a tentative agreement on a successor Memorandum of Understanding (MOU); and WHEREAS, it is recommended that Council approve revisions to the MOU with IBEW to include the following: . Term: January 1,2019 to December 31 ,2021;. Sixteen percent (160/o) salary adjustment over the term of the contract as follows:o Nine percent (9%) retroactive to July 1 ,2019.o Four percent (4o/o) effective the first full pay period in January 2020.o Three percent (3%) effective the first full pay period January 2021.. Two percent (2%) cost sharing participation in the City's normal Cost contribution to CaIPERS for both Classic and PEPRA members. Cost sharing will be implemented on a tiered basis with one percent (1o/o) effective the first full pay period in July 2020 and the additional one percent (1%) effective the first full pay period in January 2021. NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby approve the attached MOU (Exhibit A) between the City of Lodi and the lnternational Brotherhood of Electrical Workers, effective January 1,2019 through December 31,2421. ?:l"J=11n=-1ti !!:?-212====================================================== I hereby certify that Resolution No. 2019-175 was passed and adopted by the Lodi City Council in a regular meeting held August21, 2019, by the following vote: AYES COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None NIF 2019-175 Clerk oLo Exhibit A MEMORANDUM OF TJNDERSTANDING BETWEEN CITY OF LODI AND LOCAL L245 INTERNATIONAL BROTHERIIOOD OF ELECTRICAL WORKERS ELECTRIC UTILITY TJNIT January Ir 2019 - December 3l"o 2021 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 Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII Article XXIV Article XXIV Safety Table of Contents CHAPTER 1. SALARIES OTHER COMPF],NSATION Compensation for Illness or Injury Incurred in Course of employment Court Appearances/Jury Duty.. .. . Overtime Salary Standby Duty.... Temporary Upgrade Tools and Uniforms Tuition Reimbursement ........ CHAPTER 2. LEAVES Catastrophic Leave. Bereavement Leave Holidays Leave of Absence... Sick Leave. Vacation CHAPTER 3. INSURANCE AND RETIREMENT Chiropractic Coverage Deferred Compensation .......... Dental Insurance Life Insurance............... Long Term Disability.. Medical Insurance Retirement. Sick Leave Conversion Vision Insurance Flexible Spending Account..... CHAPTER 4. SAFETY 10 10 t0 11 11 12 ...1 3 ...1 3 ...1 3 ...1 3 ...1 3 14 l5 16 17 17 18 Article XXV Article XXVI Article XXVil Article XXVIII Article XXIX Article XXX CHAPTER 5. \üORK HOURS. SCHBDULBS. MEALS Hours......... Inclement Weather Meals......... Trouble Truck Electric Distribution Operator Relief Procedure Single Shift Plan Electric Distribution Operator Procedure ....... 1........... .......20 .......21 .......21 .......23 .......24 .......25 Article XXXI Article XXXII Article XXXIII Article XXXN Article XXXXV Article XXXVI Article XXXVII Article XXXVIII Article XXXX Article XL Article XLI Article XLII Article XLIII Article XLIV CHAPTER 6. ASSOCIATION/CITY ISSUES Changes in Memorandum of Understanding City Rights Demotion and layoff .. Drug and Alcohol Policy........ Employee Representation Grievance Procedure Disciplinary rro.".oing, :...... :. :... Mutual Consent Clause No Strikes.. Policy Manual Probationary Period..... Rest Period Miscellaneous .............. Term.......... 26 .26 .27 .27 .27 30 JJ 36 36 36 36 37 38 .39 Attachment A Salary Schedule .41 City of Lodi And International Brotherhood of Electrical Workers Local 1245 January l, 2019 - December 37,2021 Chapter 1. Salaries and Other Compensation ARTIcIB I. Con,IpnNSATIoN noRIT,I,NBSS oRIN¡uRy INcuRRpn I¡¡ CouRsB or EmpIoYMENT 1.1 The City and the IBEW Local1245 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. Anrrclr II - CounrAppnrnancps/Junv Durv The IBEW Local 1245 concurs with the existing Cify policy which provides that no deduction shall be made from the salary of an employee while on jury duty. 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 fulI 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 compensatethat 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 ofÊduty employees, the Electric Utility Director or his/her designee must be notified in writing of the ofÊduty appearance within seventy-two hours after the employee is subpoenaed or otherwise notified of the required court appearance. Voluntary grand jury service such as that service in San Joaquin County is not covered by Jury Duty leave. 2.1 2.2 2.3 CITY OF LODI AND ÌNTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS - MOU 2OI9 - 2021 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. ARrrcln III - OvnRrrvrp Overtime work is work performed by an employee at times other than those normally required for his/her employment and includes time worked as follows: f . in excess of forty hours in a work week, 2. in excess of nine hours in any work day, 3. time worked outside of regular hours of work on a work day, 4. time involved on non-work day, and 5. time worked on a holidav. Overtime, except as provided for in Article V, Section 5.1 shall be compensated as follows: l. 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 oonon- prearranged" or ooemergency" 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. J.J Employees who are required to report for work on their non-work days, or holidays, shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than two hours. 3.1 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. 2 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2019 - 2O2I 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. 3.6 Overtime shall be distributed as equally as possible among those employees in the same classification who voluntarily sign the biweekly oveftime call-out list. The City reserves the right for emergency call-out work to first call employees on the list who meet a 3O-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 oveftime. 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 repofts for prearanged work: 2 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. 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. Subject to the following limitations, any employee eligible for overtime pay may choose to accept compensatory time off (CTO) in lieu of cash compensation for earned overtime. CTO will be granted at the applicable overtime rate for each hour of overtime eamed. 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 curent regular 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. 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 inevocable subsequent to the submission of the time card. 3.9 3.10 aJ 3.1 1 CITY OF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL Vy'oRKERS - MOU 2019 - 2021 4.1 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 the supervisor feels the workload is such that shofter notice is acceptable, he/she may grant CTO accordingly. ARrrclr IV - Sauny 4.2 Effective July 1, 2019, employees in the bargaining unit will receive a9o/o cosT of living adjustment. Effective with the first full pay period in calendar year 2020, employees will receive a 4o/o cosT of living adjustment. Effective with the first full pay period in calendar year 2021, employees will receive a3o/o cost of living adjustment. 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 CITY OF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL Vy'oRKERS MOIJ 2019 - 2O2I 4.3 4.4 4.5 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 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. 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 willno longer require a Class "A" commercial driver's license: Substation Technician Electric Troubleshooter Electric Foreman Metering/Substati on Supervi sor Troubleshooting Supervisor Construction/Maintenance Supervi sor b The following employees, who are incumbents in the above listed job classifications, have agreed to voluntarily maintain their Class ooA" 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 Ross Phillips Brian Henry Brent Sirkel Danny Souza Richard Willett Roy Dodgion Employees represented by the IBEW Local1245 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 ooA" license employees will receive $600.00 per year (pro rata to date of issuance of license) for maintaining a Class "4" license and annually each year thereafter in accordance with City policy. c.Loss of a valid Class o'4" commercial driver's license will result in loss of the stipend (pro-rated) until such time as the license is reinstated. Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150.00. The City Manager has the discretion in determining the languages that will be recognized. 5 CITY OF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS MOU 2019 -2021 5.t AnrrclnV - SraNonyDury Employees assigned to standby duty for emergency calls shall receive straight time pay for each standby period as follows: Other Electric Distribution EmPlo)'ees O'erators On work days 3 hours 3 hours On non-work days 4 hours 3 hours On observed holidays 8 hours 6 hours December 24 (When Observed) 5 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 ernployee on standby to become part of a crew, helshe 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 cre\ry 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. ooonce through the list." ln 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 af 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 a! 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 SUPERVISOR: 6 OR TROUBLESHOOTING 5.2 5.3 CITY OF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS _ MOU 2019 - 2021 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 l3 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 Electric Distribution Operator and Electric Troubleshooter will be provided a cell phone stipend or a City provided cell phone and must be available during their standby duty by the answering service. Employees assigned to standby duty (exarnple: 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. If an employee assigned to standby duty is called for emergency work more than once in a twenty-four hour period from rnidnight 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 actualwork as herein provided. For the purpose of this section, concurrent calls or successive calls without a break in work tirne 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. Anrrcr,B VI - Trvrpon¡,RY UPGRADE 6.1 The City of Lodi and the IBEW Local 1245 mutually agree that any Electric Utility Department employee temporarily assigned to a higher classification than their regular classification shall receive a 10Yo 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. 7 6.3 Ctry oF LoDt AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU 2019 - 2021 In the event a person is upgraded in a two-man crew situation the employee will receive a 5olo premium for all such time worked in excess of four hours during the normal work day. 6.4 All Electric Distribution Operator II's shall fill the Electric Distribution Operator Relief position in a sequentially rotating manner to coincide with the regularly scheduled Monday through Thursday Electric Distribution Operator. AnrICIn VII T LS AND UNITONMS 7.1 The City and the IBEW Local 1245 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 Safety glasses Ruler, 6', wood Rubber boots Hammer, claw Rain gear Wrench, adjustable 12" Wrench, adjustable 8" or 10" Adjustable (pump) pliers 10" 7.2 In addition, effective with the first quarterly payment followìng 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/Fore\ryoman, Construction/Maintenance Supervisor, Electric Troubleshooter and Troubleshooting Supervisor. In addition, the City shall provide a boot allowance of $200.00 per calendat 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. 7.4 The City and IBEW mutually agree to move the discussion on uniform standards to an ad- hoc committee and agree to conduct the initial committee meeting no later than 60 days from ratification of this MOU. Should no mutual agreement be reached between the parties, uniform standards will remain status quo for the term of this MOU. The City shall provide uniforms and laundry service for all field employees that conform to regulatory standards. I Clry oF LoDt AND INTERNATToNAL BRoTHERHooD oF ELEcTRIcAL WoRKERS - MOU 2019 - 2021 Anrrcln VIII RRTTURURSEMENT 8.1 Tuition reimbursement will be provided in accordance with the City's current Tuition Reimbursement Policy. The City will pay all cost of license fees, physicals and training required for licenses and permits. 8.2 9 Crry oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU 2019 - 2021 Chanter 2. Leaves ARrrclt IX - C¡TASTROPHI c Lalvp 9.1 Catastrophic leave will be provided in accordance with the City's current Catastrophic Leave Policy. Anrrclp X - B EREA Lnrvn 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: 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. Annclp XI - Hor,ruvs 1 1.1 Members of this unit will observe the following holidays: Spouse grandparent/step-grandparent chi ld/step-child/foster child daughter-in-law parent/step-parent/foster parent grandparent-in-law parent-in-law grandchild son-in-law brother/half/step sister/half/step January 1 3'd Monday in January 4th Monday in May July 4 lst Monday in September 4th Thursday in November Friday after the 4th Thursday in Nov. December 25 New Year's Day Martin Luther King Day Memorial Day Independence Day Labor Day *Thanksgiving Day *Day After Thanksgiving *Christmas l0 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2019 - 2021 *Operations Division employees have until March 31't of the following calendar year in which to use the last three fixed holidays (Thanksgiving Day, Day AÍter 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 l/ll 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 9180 schedule, and 50 hours for employees working a 4110 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. 1 1.3 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. ARrrcln XII - Lp¡vr Or AnsnNcB 12.1 Leaves of Absence will be provided in accordance with the City's current Leave of Absence Policy. ARrrclB XIII - Srcx Lpnve 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. 11 Crry oF LoDì AND INTERNATIoNAL BRoTHERHooD oF ELECTRIcAL WoRKERS -MOU 2019 -2021 AnuCI,B XIV - VncmroN 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 peryear) 6 through 1l years: 4.62 (15 daysperyear) l2throughl4years: 5.24 (lTdaysperyear) 15 through 20 years: 6.16 (20 days peryear) 2lstyear: 6.47 (21 daYs Per Year) 22ndyear: 6.78 (22 daYs Per Year) 23rd year: 7 .09 (23 daYs Per Year) 24thyear: 7.40 (24 daYs Per Year) 25thyear & 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: 1 5 through 20 years: 3.08 4.62 5.24 6.16 Hours Per Pay Period (10 daysperyear) (15 days per year) (17 days per year) (20 days per year) 14.2 Vacations may be taken provided the following conditions are met: there are no major scheduling problems in the judgment of the City; a request is made at least forty-eight hours in advance; and transportation to and from job site are the responsibility of the individual employee I4.3 An employee who terminates employment for any reason during the first twelve months of employrnent 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. 2. 12 Crry oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU 2019 - 2021 Chanter 3. Insurance and Retireme nt Anrrcln XV - CurRopn¿,crlc CovBRAGE 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 ofthis 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 ütilize the medical plan's list of providers and shall be subject to the terms and limitations of said plan. Anrrcln XVI -Con¡pnNSATION 16.1 The City agrees to match up to an employee's 3o/o contribution to the Deferred Compensation Program. Anrrcln XVII INSURINCB 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. Anrrcln XVIII - LtnB INsun¿.Ncn 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 agfees to pay the employee's premiums for the above mentioned life insurance program. ARrrclB XIX - LoNc Tnnm Dls¡,sll.lrv 19.1 A long-term disability program which, coordinated with other disability benefits shall provide a benef,rt of 66-213% to a maximum of $10,000.00 per month of the employee's l3 Crry oF LoDr AND INTERNATToNAL BRoLrERHooD oF ELECTRTcAL WoRKERS - MOU 2019 -2021 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. ARTIcIB XX .DICAL INSURINCN 20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan available in Lodi through CaIPERS and the parties shall meet and confer on a replacement plan offering such an equivalent level of benefits. 20.2 All employees are ofTered rnedical insurance for themselves and dependents through CaIPERS-Medical Plans. Effective January 1,2018, the City shall pay a monthly maximum of the following for each family category: 51,794.51 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 5532.92 for employee + 1 dependent $305.22 for single will be added to either the employee's deferred compensation account or cash. In order to qualif, 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 cany employee and dependent coverage of City sponsored medical insurance. The City will reimburse the employee for co-insurance payments on a quarterly basis. 14 Ctry oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRICAL Vy'oRKERS MOU 2Q19 - 2021 AnrIcu XXI - RRrrnRn¿RNt 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: Miscellaneous2o/o @ 55 plan 1957 Survivors Benefit Third Level 1959 Survivors Benefit (Section 521573) Improved Non-lndustrial Disability Allowance (Section 521427). Benefits which provide under PERS a 30Yo benefit after five years of service, increasing to a maximum 50% benefit. Post-Retirement Survivor Al lowance (Section 521 624) Credit for Unused Sick Leave (Section 520965) Military Service Credit as Public Service (Section ç21024) Effective January 7,2015, 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 oonew" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA) Miscellaneous2%o @ 62 plan: 1957 Survivors Benefit Third Level 1959 Survivors Benefit (Section 521573) Improved Non-lndustrial Disability Allowance (Section 521427). Benefits which provide under PERS a 30Yo benefit after five years of service, increasing to a maximum 50% benefit. Post-Retirement S urvivor Al lowance (Section ç21 624) Credit for Unused Sick Leave (Section $20965) Military Service Credit as Public Service (Section 521024) 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 Effective the first full pay period in July 2020, employees in this bargaining unit, classic and PEPRA, will enter into a cost-sharing agreement and agree to pay two percent (2%) of the employer's normal share of cost. The cost-sharing will be implemented on a tiered basis with l%cost-sharingeffectivethefirstfull payperiodinJuly2020and anadditional 1% cost-sharing the first full pay period in January 2021 for a total of 2%o. 21.4 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 a30-day notice to Human Resources of the employee's intent to retire. The exit meeting will discuss health a a o a a a a a o a a a a a 15 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2019 - 2021 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. AnrIcLs XXII Sr Ls¡vn CoNvnRsrorrr 22.1 For all unused sick leave, a represented employee with ten years of employnent with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis: 50Yo of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employeé and dependent. For each year that an employee has been empioyed in excess of 10 yeârs, 2112% will be added to the 50Yo for valuing the size of the bank. Robert Smith retires with 20 years' service and 1800 hours of unused sick leave. His monthly salary is53,882.72 (24.64 per hour). 1800 x .75 xs24.64:533,264.00 This amount will be reduced each month by the cunent 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, af 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. 225 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 specifìed 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 16 CITY oF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS -MOU 2019 -2021 hours used does not exceed the amount of sick leave hours accumulated at the time of employee' s retirement." ARrrclp XXIil - Vrsrou fNsuuxcn 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. ARrrclr XXIV - Flnxr E SPENDING A,CCOUNT 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. t7 Crry eF LoDt AND INTERNATToNAL BRoTHERHooD oF ELECTRICAL Vy'oRKERS - MOU 2019 - 2021 Chapter 4.Safetv Anrrclp XXIV - Srrprv 24J 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: conducting frequent inspections ofjob site operations; taking necessary steps to protect against job hazards, both unsafe physical conditions, including methods and processes, and unsafe actions of people; 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; continuing monthly safety meetings for the purpose of discussing matters related to safety and to provide an opportunity for first aid training. continued management cooperation in the preparation of the agenda for such meetings. 24.2 The IBEV/ Local 1245 will cooperate with the City in providing speakers and materials for safety meetings. 24.3 The Electric Utility Department shall hold monthly safety meetings for all bargaining unit employees. Where it is unreasonable to bring all bargaining unit 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 IBEW Local 1245. The committee shall be free to schedule its own inspections but must report at each monthly 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. 1 2 J 4 5 18 Crry oF LoDt AND INTERNATIoNAL BRoTHERHooD oF ELECTRICAL WoRKERS - MOU 2019 - 2021 243 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: L If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City. 2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for rePlacement. 3. If an employee requires a change of prescription for safety glasses, the employee must 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 adetermination of cost has been made by the City: Where the city would be required to replace issued safety glasses due to abuse by the employee. Failure on the part of an applicable employee to wear or utilize issued safety glasses unless otherwise agreed to in writing. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service. 2 J 19 CITY oF LODI AND INTERNATIONAL BROTHERI-IOOD oF ELECTRICAL Vy'oRKERS -MOU 2019 -2021 Chanter 5.Work Hours, Schedules, Meals ARTIcI,B XXV. HouRs 25.1 The Cify and the IBEW Local1245 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 aÍ. 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 72 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. a 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 halfhour for lunch break. The work week shall be defined to begin and end each Friday at I 1:00 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. a a a It is agreed that the alternate work schedule will be terminated at any time (end of pay period) in the event it causes a reduced level ofservice to the general public, excessive overtime use, the inability to respond to the needs of the system or the a 20 Ctry oF LoDr AND INTERNATIoNAL BRorHERIlooD oF ELECTRICAL WoRKERS - MOU 2019 - 2021 customer or for any other reason not in the best interest of the operation of the Department. 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. ARTICIB INcLnrunNr WBrrunR 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. If the employee elects to take the day off, they may use personal leave acçruals for their absence. 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' Anrrcln XXVII - Mnlm 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 prıvide such employee with a meal allowance. Such meal allowance shall be considered implemented two hours after reporting to work. The Cify 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-preananged 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 o a 21 CITY oF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS _ MOU 2019 - 2021 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. 27.3 When an employee is required to perform prearranged work on non-\ryork days during regular work hours, the employee shall observe the lunch arangements 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 prearuanged 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 Cify 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, shallbe 6:00 a.m. - 12:00 noon - 6:30 p.m. 27.5 If the City requires an employee to perform prearanged work stafting 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 The break between the completed work (call-out) and the beginning of the workday is less than one (1) hour. 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 prearanged work shall mean that the employee was notified of the work prior to the end of the preceding work day. 2. 22 CITY oF LODI AND INTERNATIONAL BROTHERIIOOD oF ELECTRICAL WORKERS _MOU 2019 -2021 ARTIcIB XXVIII - TRouRr,n TRucx 28.1 SHIFT SCHEDULES 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 maximum2.5 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 shiÍt 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 LEAVE Scheduled leave will only be authorized for one Electric Troubleshooter or Troubleshooting Supervisor at any one time, except for a hardship case. Scheduled leave is defined to begin and end at the beginning of the normal workday and be based on the dates shown on the Request for Leave form. 28.4 RELTEF lf 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 coverthe 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 23 CITY oF LoDì AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WoRKERS - MOU 2019 - 2021 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. AnuclB XXIX - Elecrruc DrsrrunuuoN Opnn¡roR RBllrn PRocpnunn SrNcln-SHTFT 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 Offl' 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 dav) 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' Utilify 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. 24 Ctry oF LoDt AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL Vy'oRKERS MOU 2019 - 2021 Anrrclp XXX - ElncrRrc DrsrRrBUTIoN OpBn¡roR PRocEDItRE 30.1 Phone calls on line 368-5735 (or other phone number designated for such purpose), under normal conditions, will be answered by an answering service during tfie time period 1700- 0700 hours. The answering service will dispatch an Electric Troubleshooter or Troubleshooting Supervisor to the scene and he/she will 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 contact with the answering service at all times via cell phone andlor radio. In addition, the Electric Troubleshooter will be provided a cell phone stipend, or city provided cell phone, and must be available during their standby duty by the answering service and/or the Standby Electric Distribution Operator or other authorized personnel. Once the Standby Electric Distribution Operator arrives at the Operations Center, he/she will contact the answering service and report "on-duty." At this point, all established operating procedures take 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 during their standby hours. This information is to be given to Operations the following morning, for preparation of proper service tickets, etc. Alarms will be grouped as electric and intrusion. 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 are out of order at 1700 hours, the Electric Distribution Operator will remain on duty. The Electric Distribution Operator will likewise remain on duty until alltrouble 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. 25 CITY oF LODI AND INTERNATIONAL BROTHERIIOOD oF ELECTRICAL WORKERS _ MOU 2Q19 - 2021 Chapter6. Association/Citylssues ARTIcIB XXXI . CH,qNcns IN MnuOn¡.NDUM On UNUcnSTANDING 31 .1 The parties agree to reopen this MOU and to renew Meeting and Confering 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. ARrrclp XXXII - Crrv RrcHrs 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. 26 Crry oF LoDr AND INTERNATIoNAL BRorrìERHooD oF ELECTRTcAL WoRKERS - MOU 2019 - 2021 ARrrcle DpvrorroN Ann LlvoFF 33.1 The City and the IBEW Local 1245 mutually agree that when involuntary demotion andlor 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 ofl 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 Local 1245 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/joume¡T voman displaces an apprentice, he/she shall continue to be paid as a journeyrnan/journeywoman. ARrrclB XXXIV - Dn ANn AI,coHOL POLICY 34.1 It is the mutual desire of both parties to have and maintain a drug and alcohol free work environmenl. ARrrclp XXXV - Enl RBpRnSnNTATION 35.1 This Memorandum of Understanding (hereinafter refered 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, Local1245 (hereinafter referred to as IBEW Local1245). The parties to this MOU acknowledge and agree that this MOU constitutes the result of Meeting and Confening in good faith as contemplated by Section 3500 et seq. of the Govemment 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-Milias- Brown Act (MMBA) which is not covered by this MOU, it shall notif, the IBEW Local 1245, If the IBEW Local 1245 wishes to negotiate over such amafrer, 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 Local1245's notification. If the IBEW Local 1245 does not respond within ten work days of the City's notification, the City will have no furlher obligation to negotiate over the matter. 27 CITY oF LoDI AND INTERNATIONAL BROTIIERIIOOD oF ELECTRICAL WORKERS - MOU 2019 - 2021 The terms and conditions of this MOU are applicable to those employees in bargaining unit classifications represented by IBEW Local 1245. 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 Draft ing Technician Electrical Engineering Technician Electrical Technician Electrician Lead Electrician Metering Technician Senior Electrical Engineering Technician Senior Electrical Technician Substation Technician Substation/I4etering Supervi sor Troubleshooting Supervi sor 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 Local1245. 35.2 Upon written notification from the Union of signed authorization by the employee, the City shall deduct monthly membership dues or fees from the employee's wages and remit said dues or fees to IBEW Local1245. The IBEW Local 1245 shall indemnifu the City against any claims made and against any suit instituted against the City by said employee for deductions of monthly dues or fees based on reliance of information provided by the Union. In addition, the IBEW Local 1245 shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. 35.3 The City shall begin deductions of dues or fees in the amount prescribed by IBEW Local 1245 in the first full payroll period after receipt of written certification of employee authorization from IBEW Local 1245. Deductions may be revoked only pursuant to the terms of theemployee's written authorization. The City shall direct employee requests to a a a a a a a o a o a a a a a a a a a a a a a a 28 Crry oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU 2019 - 2021 cancel or change deductions to IBEW Local 1245 and shall rely on information provided by IBEW Local 1245 regarding whether deduction for IBEW Local 1245 were properly canceled or changed. 35.4 Changes in the IBEW Local 1245 membership dues rate shall be certified to the City in writing over the signature of the Business Representative. The change will be implemented in the first full payroll period after receipt of the notification. 35.5 The City and the IBEW Local1245 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 Union Security provisions shall apply to all employees in bargaining unit classifications represented by the Union. 2. DUES/FEES Any employee of the City of Lodi in a classification represented by the Union who is not on leave of absence may, 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 after written notice of the new amount is received by the City. 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. 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 oosuccessors") of the City. ln consideration of the IBEW Local 1245'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 A J 29 Crry oF LoDt AND INTERNATToNAL BRoTHERHooD oF ELECTRTcAL WoRKERS - MOU 2019 - 2021 first securing an enforceable agreement of the successor to assume the City's obligations under this agreement. The City agrees to notify the IBEW Local 1245 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 befween the City and the proposed successor. If the City: 1) Fails to timely notify the IBEW Local 1245 and provide the required information; 2) Fails to allow an IBEW Local 1245 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 Local 1245 and to the bargaining unit employees covered by this Agreement for any and all damages sustained by the IBEW Local 1245 and the bargaining unit employees for such failure. ARrrcr,B XXXVI- - GnlBv¡NcE PRocEDURB 36.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: 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 Local1245 and City. Discharge, demotion, suspension, or discipline of an individual employee. Disputes as to whether a matter is proper subject for the Grievance Procedure. Disputes which may be of a "class action" nature filed on behalf of the IBEW Local1245 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 gtievance. A. B. C. D. 30 CITY OF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL WORKERS MOU 2019 - 2021 36.4 STEP TWO lf a grievance is not resolved in the initial step, the Step Two shall be a discussion between the employee, Shop Steward andlor 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 ofthe 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 arepresentative of the City Manager, the departmental supervisor, the Department Shop Steward and Business Representative. Step Three shallbe taken within fifteen work days of the date ofthe 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 fìfteen 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 ofthe 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 Local1245 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 shallbe adhered to: An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. Both parties and the arbitrator may tape record the hearing. There shall be no official transcript required; however, either parfy may utilize a court repofter at its own sole expense. The cost of a a. b. 31 CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOIJ 2019 - 2021 couft reporter required by an arbitrator shall be shared equally by the pafties. 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. The strict rules of evidence are not applicable and the hearing shall be informal. 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 irelevant or repetitious. 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 testifu 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. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or posîponement 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 modifo 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 açL prohibited by law. The arbitrator has no power to add to a disciplinary action. d e. f. ûb' h. J 32 Crry oF LoDr AND INTERNATToNAL BRoTHERHooD oF ELECTRICAL WoRKERS - MOU 2019 - 2021 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 parfy. 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. ARrrclo -DIsctpl,INARY S 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 severify of the infraction; degree oforientation; 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, concurently, 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 JJ CITY oF LoDI AND INTERNATIONAL BROTHERIIOOD oF ELECTRICAL WORKERS - MOU 2019 - 2021 C. Any rights of appeal. 37.6 The following may be causes for disciplinary action. The purpose of specifoing 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. Inability to maintain regular and consistent attendance, which prevents reasonable availability for assigned duties. 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. Misconduct; willful or negligent violation of any City rule or policy. Insubordination. Acceptance of gifts or gratuities in connection with or relating to the employee's duties. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a verdict of guilty, or a conviction followingaplea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction. Fraud or the submission of false information related to employment application, payroll, or any work-related record or report. 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. C D E. F. G H 34 CITY OF LODI AND INTERNATIONAL BROTHERHOOD oF ELECTRICAL Vy'oRKERS _ MOU 2019 - 2021 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 Refusal or inability to improve job performance in accordance with written or verbal direction after areasonable trial period. 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. a. Refusal to accept and carry out reasonable and proper assignment from an authorized supervisor. R. Intoxication, incapacity or possession or use of controlled substances or alcohol on City property andlor at the worksite. Failure to obtain or maintain possession of the minimum qualifications for the position. 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. U. Unauthorized release or use of confidential information or official records. V. Participation in an illegal strike, work stoppage, slowdown, or otherjob action against the city. W. Inability to perform the duties of his/her job. X. Dishonesty Y. Possession of firearms on the job (except for law enforcement personnel). Z. Sleeping on the job. AA. Theft. BB. Retaliation for actions protected by law. CC. Failure to report loss of or damage caused to city equipment andlor facilities for which the employee was responsible. DD. Threats of violence against city employees and/or city property. EE. Violation of Fair Political Practices Act. 37.7 In the event of a demotion, suspension, reduction in pay or dismissal, and the affected employee is not satisfred 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 N o P S T 35 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2OI9 - 2O2I 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. ARrIcIn XXXVIII - MuruIL CONSENT CLAUSE 38.1 This MOU may be amended any time during its lifetime upon mutual consent of the City and IBEW Local 1245. Such amendment must be in writing and attached to all executed copies of this MOU. ARrrclB XXXIX - No Srmns 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. ARrrcln XL - Poucv MaNu¡r, 40.1 City agrees to provide copies of Policy Manual to IBEW Local 1245 Shop Stewards and two copies to the Business Representative of IBEW Local 1245 and to place those individuals on the mailing list for any changes thereto. ARrIcIn XLI . PRoSA,TIONARY PnnIOn 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 atthat time. The probationary period shall be regarded as an integralpart 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. The salary range for Lineman/ Linewoman consists of 2 steps. Newly hired Linemen/Linewomen shall be paid at no lower than the bottom step of the pay range upon employrnent and shall be advanced to the top step after 13 pay periods. 36 CITY oF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2OI9 - 2021 41.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except: 1) The use of the Grievance Procedure to grieve termination. 2) The City and the employee may mutually agree to extend the probationary period for not more than six months. The IBEW Local1245 shall be notified of allextensions. 41.3 The City will provide medical insurance to temporary employees. Temporary employees shall be permitted to obtain dental andlor 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. AnrrcI.n, XLII - RBsr Pnnroo 42.1 The City and the IBEW Local 1245 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 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 oveftime 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 oveftime 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 atthe straight rate for the extent of the overlap, except that the time taken during such overlap for any meal to which he/she is entitled on dismissal shall be paid for at the overtime rate. 42.5 If the employee is called back to work during any rest period a new rest period will commence at the conclusion of such work. 42.6 If the rest period overlaps his/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 37 CITY OF LODI AND INTERNATIONAL BROTHERIIOOD oF ELECTRICAL WORKERS _ MOU 2019 - 202]l 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 untilthe following work day, and in such event helshe 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. 429 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 prearanged oveftime 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. Anrrcm XLIII - Mrscpr,r.lNaous 43.1 Prior to any reduction in force of IBEW Local 1245 represented employees, affected IBEW Local 1245 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 Local 1245 employees are filling positions; outside contractors are performing work in the IBEW Local 1245 bargaining unit and cross-training is in effect. The City of Lodi agrees to notifi IBEW Local 1245 in each instance of its intent to contract IBEW Local1245 bargaining unit work. 43.2 The City may employ Contract Workers, including linemen/line\ryomen and individuals in other skilled trades represented by IBEW Local 1245, from the dispatch hall of IBEW Local1245. The terms of such arrangements are as follows: Contract Workers will be referred from Local 7245's dispatch hall in Vacaville, California upon request by the City. 38 CITY OF LODI AND INTERNATIONAL BROTI]ERHOOD oF ELECTRICAL WORKERS MOU 2019 -2021 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 Local1245. 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 ooregular" City employees, and while the City may work Contract Workers oveftime, 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 Local 1245 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 Local 1245 shall then meet to study and endeavor to adopt appropriate solutions. 43.4 The City will provide a representative of IBEW Local1245 access to attend a thirty (30) minute portion of the new hire orientations, during which the IBE,W Local 1245 representative may meet privately with the group of newly hired IBEW Local 1245 bargaining unit members. The City will provide IBEW Local 1245 at least ten days' advance notice of any new employee orientation absent an urgent need critical to the City's operations, in which case the City will provide as much advance notice to IBEW Local 1245 as possible. ARrrcln XLIV - Tnnvr 44.1 This MOU covers the period from January 1,2079 through December 31,2021. EfÏèctive January 1, 2019, and except as provided herein, the Memorandum of Understanding ("MOU") between Local 7245, International Brotherhood of Electrical Workers, Electric Utility Unit ("IBEW") and the City of Lodi ('City") shall cover the period January 1,2019 to December 31,2021, and it shall continue thereafter from year to year 39 CITY oF LoDI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2019 -2021 unlesb either party shall give notice in writing to the other pafi 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 ofthe MOU. 40 Crry oF LoDr AND INTERNATIoNAL BRoTHERHooD oF ELECTRTcAL WoRKERS MOU 2019 -2021 ATTACHMENT A IBEW Salary Schedule, effective July 1' 2019 EFFECNVE DAIE JOB CODE nTtE ANNUAT SATARY SteD 0 Step 1 Step2 Step 3 Step 4 71t12019 6550 CONSTRUCTION/MAI NTENANCE SUPERVISOR 5 s s 5 S 1so,34s,oo 7lL/20t9 65 13 DISTRIBUTION PLANNER s 93,696.46 s 98.389.72 S 103,309.44 S 108,483.18 S 113,895.08 7 h/2019 6514 DISTRIBUTION PLANNER SUPERVISOR S 103,094.16 s 108,227.08 s 113,643.40 s 1L9.338.44 s 72s,287.76 7 h/2019 6503 ELECTRIC APPARATUS MECHANIC s 81,460.60 s 8s.s36.88 s 89.83s.72 s 94.3r.s.s2 S 99,0s1,68 711/2079 653 1 ELECTRIC DISTRIBUTION OPERATOR I s 76.s38.28 s 80.36s.48 s 84.389.s0 s 88,s97.60 s 93.038.92 7 /r/2019 6532 ELECTRIC DISTRIBUTION OPERATOR II s 5 s S 109.861.70 S 115,378.90 711120L9 653 5 ELECTRIC DISTRIBUfION OPERATOR SUPERVISOR s s s s S 1.26.916.92 7 /L/20L9 6505 ELECTRIC FOREPERSON s 5 s s s ß6.674.20 7h/2019 6s00 ELECTRIC GROUNDWRKR s 64.411.10 s 67.630.68 S 71,008.60 S 74.568.26 s 78,286,52 7 h/2019 6501 ELECTRIC LI NE APPRENIICE I s 73.288.28 5 76,9s2.2O s 80,800.20 s 84.840.08 s 89,081.72 7 /r/2OL9 6502 ELECTRIC LINE APPRENTICE II s 97,990.36 s 102.889.80 s 5 s 711/2019 6504 ELECTRIC LINEPERSON 5 s s s 113.178.s2 s 118.862.12 7 /r/2079 6507 ETECTRIC MATERIALS TECHNICIAN s 72,93s.72 s 76.5A7.44 s 80.413.06 s 84.432.92 S 88,652.20 711/20L9 651,1 ELECTRIC TECHNICIAN s 10a.692.22 S rr4.725.44 S 119,830.62 5 r2s,82r.54 s 1.32.L16,92 7 /7/20t9 6s20 ELECTRIC ÌROUBLESHOOIER s s 5 s s 12 1.639.96 7 /1-/2079 6509 ELECTRICAL DRAFTING TECHNICIAN s 6A.646.24 s 72.083.44 s 7s,676.90 s 79,46s.36 s 83.439.72 7 /L/2019 6554 ELECTRICAL ENGI NEERING TECHNICIAN s 7s,s20.38 s 79,283.88 s 83.251.48 s 87.423.1.8 S 9L.776.36 7 /r/2019 6506 ELECÏRI CIAN s s s 93,305.66 5 97,991.04 7 /r/2019 6508 LEAD ELCTRICIAN s s s s s 107.790.58 7 h/20t9 6540 METERING TËCHNICIAN s 5 s 5 s 106,429.18 717/2019 6555 SR ELECTRICAL ENGINEERING TECH NICIAN s 5 5 s s 109.03s.16 7 h/2079 6512 SR ELECTRICAL TECHNICIAN s 119,781.48 E 125.777.A6 S 132.054.52 S 138,668.40 S r45,592.20 717/20L9 65 65 SUBSTATION TECHNICIAN s s s S r25,82r.54 s r32.L16.92 7 /7/20t9 65 60 SUBSTATION/METERERI NG SU P ERVISOR s s s s s 1s0,34s.00 7 /t/2079 652L IROUBLESHOOTING SUPERVISOR s 5 5 s s t36.67 4.20 7 h/2or9 6530 UTI LITY EQUIPMENT SPECIALIST s 70.843.24 s 74.39s.88 s 78.r2s.32 s 82,020.38 5 86,1"30.72 41 I. B. E. W. - LOCAL 1245 ELECTRIC UTILITY LINIT Tom Dalzell Business Manager, IBEW Date: Sheila Lawton Business Agent, IBEW Date Rod Brown Substation/Metering Supervisor Date: Norman Cassin Electrician Date: Brent Sirkel Electric Troubleshooter Date: Jeff Norwood Electric Foreman CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer City Manager Date: Andrew Keys Deputy City Manager Date: Adele Post Human Resources Manager Date: APPROVED AS TO FORM Janice D. Magdich City Attorney Date: Attest: Jennifer M. Fenaiolo City Clerk Date:Date: