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HomeMy WebLinkAboutAgenda Report - March 4, 2020 H-05AGENDA ITEM WW5 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolutions Approving the Memorandums of Understanding between the City of Lodi and AFSCME (General Services and Maintenance & Operators Units) for the Period January 1, 2020 through December 31, 2022 MEETING DATE: March 4, 2020 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolutions approving the Memorandums of Understanding between the City of Lodi and AFSCME (General Services and Maintenance & Operators Units) for the Period January 1, 2020 through December 31, 2022. BACKGROUND INFORMATION: Representatives from the City and AFSCME have reached tentative agreements on new Memorandums of Understanding (MOU), subject to the approval of Council. A redline strikeout version of each MOU is attached for Council review and approval. These redline versions also reflect language clean-up and edits desired by both the City and AFSCME. A summary of the key changes to the MOUs are as follows: GENERAL SERVICES • Term: January 1, 2020 to December 31, 2022; • Additional certification incentives for Public Works Inspectors; • Increase to reimbursement for prescription safety glasses up to $500; • Five percent (5%) salary adjustment, effective February 10, 2020; a five percent (5%) salary adjustment effective the first full pay period in January 2021; and, a five percent (5%) salary adjustment effective the first full pay period in January 2021; • Medical premiums will be increased by the lower of three percent (3%) or the actual cost increase for employees whose annual base salary is $47,000; • Each employee in the bargaining unit agree to additional cost-sharing of the employer's normal contribution toward CalPERS, pursuant to Government Code Section 20516 as follows: o One percent (1%), effective the first full pay period in July 2020, o One percent (1%), effective the first full pay period in January 2021, and o One percent (1%), effective the first full pay period in January 2022 MAINTENANCE & OPERATORS Additional Accidental Death and Dismemberment insurance of $10,000; Increase to Standby Pay hourly compensation; changes to compensation for off-duty communications to include text messaging and email correspondence for emergency call outs as is provided for telephone calls; Increase to reimbursement for prescription safety glasses up to $500; PR 'WfRM1111 111a • Five percent (5%) salary adjustment, effective February 10, 2020; a five percent (5%) salary adjustment effective the first full pay period in January 2021; and, a five percent (5%) salary adjustment effective the first full pay period in January 2021; • Medical premiums will be increased by the lower of three percent (3%) or the actual cost increase for employees whose annual base salary is $47,000; • Incorporation of side -letter agreement listing all job classifications eligible for Bio -Hazard incentive and side letter agreement to eliminate the cash -out provision under Sick Leave Conversion; • Each employee in the bargaining unit agree to additional cost-sharing of the employer's normal contribution toward CaIPERS, pursuant to Government Code Section 20516 as follows: o One percent (1%), effective July 13, 2020, o One percent (1%), effective January 11, 2021, and o One percent (11%), effective January 10, 2022 Lodi continues to face funding challenges and we need to plan for them. It also faces continued fiscal stress to a work force that contributed significantly to addressing the fiscal impact of the Great Recession. This agreement strikes a balance by offering employees modest increases, additional benefits, recognizing their dedication to addressing the critical needs of the City, but at the same time requiring them to contribute more towards the City's largest financial obligation (CaIPERS). Staff recommends that the Council approve the MOUs between the City and AFSCME. FISCAL IMPACT: The total long term annual cost of the proposed agreement for General Services is $650,000, of which $323,000 will be borne by the General Fund. The total cost of the agreement for the three year term is $1,276,000, of which $635,000 will be borne by the General Fund. General Services Cost Estimate Calendar Year City Wide Cost General Fund Cost 2020 205,000 101,000 2021 421,000 210,000 2022 _I 650,000 324,000 TOTAL (3 YEARS) 1,276,000 635,000 The total long term annual cost of the proposed agreement for Maintenance & Operators is $747,000. The total cost of the agreement for the three year term is $1,459,000. No costs from the Maintenance & Operators are borne by the General Fund. Maintenance & O erators Cost Estimate Calendar Year City Wide Cost 2020 231,000 2021 481,000 2022 747,000 TOTAL (3 YEARS) 1,459,000 FUNDING AVAILABLE: Budget adjustments for these increases are included within the Fiscal Year 2019/20 Mid -Year budget report for Council's consideration on the March 4, 2020 agenda. Vacancy savings are the first source for funding these increases. Substantial projected revenue above initial estimates is also available. These sources more than offset these and other General Fund salary increases approved by City Council during this Fiscal Year. In future years it is still likely the City will need to draw upon reserves to fund operations. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS or OPEB stabilization reserves held in separate trust at CalPERS to pay eligible costs in order to preserve local reserves. JQ� " Adele Post, Human Resources Manager "L_ -L_ -7 _-` Andrew Keys, DeiKuty City Manager Attachments MEMORANDUM OF UNDERSTANDING CITY OF LODI AND A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO MAINTENANCE & OPERATORS UNIT jai+uai=y 1, 2019 Deeembef 31, 2019 January 1, 2020 — December 31, 2022 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n TABLE OF CONTENTS CHAPTER 1— SALARIES AND OTHER COMPENSATION Pie ## Article I Salary 4 Article II Hours 4 Article III Compensatory Time 5 Article IV Overtime 5 Article V Meals 6 Article VI Temporary Upgrade 7 Article VII Shift Differential 7 Article VIII Standby Pay — Call -Out Pay 7 Article IX Tools and Uniform Allowance 8 Article X Safety/Safety Boot Provisions 10 Article XI Class A License 11 Article XII Education Incentives 11 Article XIII Bio Hazardous/Waste Incentive 12 Article XIV Bilingual Pay 12 Article XV Tuition Reimbursement 12 Article XVI Court Appearances 12 Article XVII Mileage Compensation 13 CHAPTER 2 — LEAVES Article XVIII Catastrophic Leave 13 Article XIX Bereavement Leave 13 Article XX Holidays 14 Article XXI Leaves of Absence 14 Article XXII Sick Leave 14 Article XXIII Vacation Leave 15 CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT Article XXIV Medical Insurance 15 Article XXV Dental Insurance 16 Article XXVI Vision Insurance 16 Article XXVII Chiropractic Insurance 17 Article XXVII I Life Insurance 17 Article XXIX Long Term Disability 17 Article XXX Workers' Compensation 17 Article XXXI Flexible Spending Account 17 Article XXXII Deferred Compensation Plan 18 Article XXXII I PERS 18 Article XXXIV Sick Leave Conversion 19 2 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n CHAPTER 4 — UNION / CITY ISSUES Article XXXV Union Leave 21 Article XXXVI Demotion And Layoff 21 Article XXXVII Changes in Memorandum 21 Article XXXVIII City Rights 21 Article XXXIX Employee Representation 22 Article XL Grievance Procedure 24 Article XLI Mutual Consent Contingency 27 Article XLII No Strikes 27 Article XLIII Probationary Period 28 Article XLIV Promotion 28 Article XLV Seniority 28 Article XLVI Shop Stewards 29 Article XLVII Status 29 Article XLVIII Term 29 Exhibit A — Salary Schedule effective November- 19, 201 4February 10, 2020 Exhibit B — Certification Requirements and Incentive Chart 3 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-202220'�r9 Chapter 1— Salaries and Other Compensation ARTICLE I — SALARY 1.1 , the City shall increase the salary ranges by three pefeent 0 Govemment Code §20516; whereby Maintenance and Operators employees agree to pay flffee per-eent (39%) of the employer's nofmal eost of PERS. The pa agree that should the paFties negotiate the elimination of the three pereent 0 e6st sharing by the employee, the eoi—espenc ing three per-cent(30) &alafy adjustment by the City shall also cease and bo, ome null and void. Effective February 10, 2020, the City shall increase the salary ranges by five percent (5%). Effective with the first full pay period in January 2021 and January 2022, the City shall increase the salary ranges by five percent 5%l. 1.2-3 For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland ARTICLE II — HOURS 2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the supervisor. a. Wastewater/Water Plant Operators shall work shifts on a jointly agreed to rotating schedule with varying days off. This schedule shall be posted two weeks before the change of shift. b. Employees assigned to work "Relief Operator" duties shall receive compensation at a rate of 10% above their current base pay. The "Relief Operator" is one who works a normal day shift but is on call to assume a shift operators shift(s) for the duration of a vacancy, then return to regular hours. 0 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n C. Street Sweeper Operators shall work a schedule which begins at 4:00 a.m. d. Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor. 2.2 Work schedules presently in effect shall remain in effect. Any proposed change in the work days or work hours shall be a meet and confer item. ARTICLE III — COMPENSATORY TIME 3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate of overtime worked. 3.2 The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable. 3.3 No more than two hundred (200) hours of compensatory time may be carried on the books at any time. Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 3.4 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance. ARTICLE IV — OVERTIME 4.1 Overtime work, paid at the time and one-half rate (1%2), is work performed by an employee outside his or her regular work hours, and includes: a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Sections 2.1 and 2.2; and b. Time worked on a non -work day. Overtime work paid at the double time rate is work performed in excess of 12 hours between 12:00 a.m. and 12:00 a.m. on any given day, any work performed between the hours of 12:00 a.m. and 6:00 a.m., and any work performed on holidays. Hours worked on a holiday, as part of any employee's regular work schedule, shall be compensated at the appropriate overtime rate as provided plus the employee shall receive his or her regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 4.2 Employees who are required to report for prearranged work on their non -work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours. 4.3 If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours on a work day he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours. 4.4 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: a. On work day outside of his or her regular work hours, he or she shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into or beyond his or her regular work hours, he or she shall be paid overtime compensation only for actual work time up to his or her regular work hours. b. On non work days or on holidays, he or she shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of his or her preceding work period on a work day. ARTICLE V - MEALS 5.1 The City and AFSCME mutually agree to engage in further discussion to incorporate clarifying language for Article V — Meals. 5.2 If the City requires an employee to perform work for one and one-half (1 %2) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide meals at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them shall be at the City's expense. 5.3-2 When the City requires employees to work on non -work days, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at the four (4) hour intervals thereafter. 5.4-3 When an employee is required to perform prearranged work on non -work days during regular work hours, he or she shall observe the lunch arrangement which Col MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n prevails on his or her work days. If such work continues after regular work hours, the City shall provide the employee with a meal allowance in accordance with other provisions of this MOU. 5.5 If the City requires an employee to perform prearranged work starting two (2) hours or more before regular work hours on work days or non -work days, and such employee continues to work into regular hours, the employee shall provide for one meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meal allowances provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail. The usual times therefore shall be 7:00 a.m. — 12:00 p.m. and noon — 6:30 p.m. ARTICLE VI — TEMPORARY UPGRADE 6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a 10% wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded. ARTICLE VII — SHIFT DIFFERENTIAL 7.1 An Operations Premium of 3% will be applied to Wastewater Treatment Plant Operators for all hours worked during swing shifts. Swing shifts are those daily work periods regularly scheduled to begin from 12:00 p.m. to 10:00 p.m. Shift assignments shall be made by the City at its sole discretion consistent with this MOU. ARTICLE VIII — STANDBY PAY — CALL -OUT PAY 8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit shall be eligible for standby pay as noted below: A. Standby Pay: All employees in the Maintenance and Operators Bargaining Unit, except Waste Water Plant Operators and Water Plant Operators, shall receive compensation at straight time pay when said employees are in standby status as shown below.ef three (3) hours of stfai& p i"en sai On work days 3 hours On non -work days 4 hours On observed holidays 8 hours B. Standby Pay: All Wastewater Plant Operators and Water Plant Operators shall receive compensation at straight time pay when said employees are in standby status, as shown below. On work days 3 hours VA MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-202220'�r9 On non -work days 4 hours On observed holidays 8 hours 8.2 CALL -OUT: All employees in the Maintenance and Operators Bargaining Unit shall be paid call -out pay as follows: A. In addition to the "Standby Duty Pay" (above) the employees on standby shall be paid at the rate of one and one half times the straight time rate of pay for time worked on emergency calls before 12:00 a.m. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time. B. The first call -out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 8.2 (A) of this Agreement. Subsequent calls on the same calendar day will be paid for actual time worked at the appropriate overtime rate as defined in Article 8.2(A) of this Agreement. C. All subsequent hours worked on a call -out shall be paid at the appropriate overtime rate per Article 8.2(A) of this Agreement. 8.3 Compensation paid to employees called out in emergency situations outside their regular work hours shall be a minimum of three (3) hours pay at the overtime rate. Additional call outs during that day shall be compensated at the overtime rate for actual hours worked with a one (1) hour minimum. Only one call out between the hours of 12:00 a.m. and 12:00 a.m. shall be compensated at the minimum three (3) hour period. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do -and -does -not require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes, text messages and/or emails that require substantive work would receive the standard three (3) hour callback at the appropriate overtime rate. ARTICLE IX — TOOLS AND UNIFORM ALLOWANCE 9.1 Uniforms provided by the City shall include a jacket, pants and shirts. Jackets shall be replaced as needed. Uniform service, including rental and cleaning of one uniform (shirts & pants) per work day, will be provided to the following Maintenance and Operators classifications: Environmental Compliance Insp. Facilities Maintenance Worker Facilities Supervisor Fleet Services Supervisor Heavy Equipment Mechanic Maintenance Worker I & II Park Maintenance Worker I /IVIII Park Supervisor Chief Wastewater Plant Operator Parts Clerk Plant & Equipment Mechanic Street Maintenance Worker I/II/III Street Supervisor Sr. Facilities Maintenance Worker Sr. Storekeeper W/WWMaintenanceWorker I/II/III W/WW Supervisor W/WW Plant Operator I/II/III MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n Water Plant Operator 1/II/III Welder -Mechanic Service Writer Building Services Supervisor 9.2 Coveralls, but no more than 3, are provided per year to the following Maintenance and Operators classifications: Chief Wastewater Plant Operator Plant and Equipment Mechanic Wastewater Plant Operator I, II, III Environmental Compliance Inspector Sr. Plant and Equipment Mechanic Water Plant Operators UII/III Maintenance Workers UII assigned to White Slough 9.3 Smocks, but no more than 3, are provided per year to Laboratory Technician UII classifications. 9.4 The City agrees to provide prescription safety glasses up to a maximum cost of $251 500 per pair as required. A maximum of two pair of prescription safety glasses will be provided by the City during employment except as indicated in 9.6 and 9.7 below. 9.5 All pr-eser-iptiea safety glasses shall be pur-ehased or- ser-vieed within the City 0 Lodi. Employees shall have their eheiee of any leeal optometrist. The employee shall pay directly to the optometrist any fees for prescription examination or related charges if needed. The employee shall submit receipts for the prescription safety frames and lenses to the City for reimbursement. 9.6 Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows: 1. If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City. 2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement. 3. If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary. 4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 9.7 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. W MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 1. Where the city would be required to replace issued safety glasses due to abuse by the employee. 2. Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing. 3. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service. 9.8 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City. 9.9 Employees who are not required to wear a uniform, whose personal clothing is damaged in the line of duty, may request to have the item replaced or repaired at the City's expense. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. The City shall have the sole discretion to approve or deny the request and its denial shall not be grievable. C. Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employee's claim. d. Items replaced shall be of similar, or the same quality as the item being replaced. The City may require the employee to forfeit the damaged item for inspection. e. All requests for reimbursement shall be accompanied by receipts. 9.10 Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing the glasses. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. Glasses replaced shall be of an equal or similar quality to the glasses that were damaged. C. Any insurance benefit paid to the employee or paid by the insurance provider toward the replacement/repair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider. Example: 10 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n Cost of Eyewear/Repair $150 Insurance Pays $100 Reimbursed to employee $ 50 ARTICLE X — SAFETY/SAFETY BOOT PROVISIONS 10.1 The City retains the right to set and maintain safety standards in the work place. Failure to adhere to safe work practices will be grounds for the City to take appropriate steps to ensure compliance. 10.2 The City agrees to provide an annual boot allowance of $250, paid semi-annually as part of the last biweekly payroll in the months of April and October of each year, for all classifications in this unit. 10.3 Safety boots are defined as leather work boots with a minimum of 4" ankle support. Employees have the option of purchasing these boots with or without steel toes. 10.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 10.5 Laboratory Technicians shall be eligible to receive the safety shoe/boot allowance to purchase water resistant shoes. ARTICLE XI - CLASS A LICENSE 11.1 Those employees required to have a Class "A" commercial driver's license as part of their employment will be given $600 per year, to be paid in October of each year. ARTICLE XII — EDUCATION INCENTIVES 12.1 The City shall make available incentive pay as shown in Exhibit C. A $40.00 per month incentive shall be paid for each grade at or above the minimum grades shown. An employee can earn education incentive pay to a combined maximum of $250 per month. (The certificate pays on Exhibit C chart are not included in this cap) 12.2 The City agrees to pay all fees charged in obtaining any license, mandatory or voluntary certification, or recertification required in the course of his or her employment upon successfully passing the test procedures. 12.3 The City agrees to pay $20 per month to two (2) Wastewater Plant Operators, two (2) Surface Water Plant Operators, and two (2) Plant and Equipment Mechanics for the possession of a Qualified Applicators Certificate. In the event of the separation of one of the two Wastewater or Surface Water Plant Operators or Plant and Equipment Mechanics, the remaining employee in each classification shall receive $40 per month. 12.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as outlined in Exhibit C. 11 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 12.5 Equipment Mechanics are eligible to receive incentive pay of either $25 or $50 per month for possession of Automotive Service Excellence Technician Certificates on the following basis: a. Only courses listed in Exhibit C will qualify towards this incentive. b. Employees will not be paid for both certificates in cases where one is a prerequisite of the other. For example, ASE certifications A-6, A-8 and L-1 are required by BAR in order to obtain a smog certificate. An employee having a BAR smog certificate will receive $50 for the smog certificate and the three ASE certificates will not be counted toward the ASE certification incentives. c. Employees will receive a total of $25 per month for possession of a minimum of three (3) certificates. d. Employees will receive a total of $50 per month for possession of a minimum of eight (8) certificates. ARTICLE XIII — BIO HAZARDOUS/WASTE INCENTIVE (incorporating side - letter agreement, no additional classifications added) 13.1 Employees in the following classifications who are assigned to clean up bio hazardous materials will receive $100 per month, paid bi-weekly: Building Services Supervisor Facilities Maintenance Worker Senior Facilities Maintenance Worker Facilities Main4v,,. ne-e- Supervisor Plant and Equipment Mechanic Parks Maintenance Worker 1/I1/III Parks Supervisor Maintenance Worker II Street Maintenance Worker UIUIII Street Supervisor 13.2 All bargaining unit members who receive this incentive shall complete appropriate Bio Hazard training offered by the City. ARTICLE XIV — BILINGUAL PAY 14.1 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly. The City Manager has the discretion in determining the languages that will be recognized. ARTICLE XV — TUITION REIMBURSEMENT 12 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 15.1 Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU. ARTICLE XVI — COURT APPEARANCES 16.1 Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave. 16.2 If jury duty attendance is less than one-half (1/2) of a normal working day, the employee is expected to return to work. 16.3 If an employee has had jury duty of six (6) hours or more during a 16 -hour period immediately preceding the beginning of or following the end of his or her regular work hours on a work day, he/she shall be given a rest period of six (6) consecutive hours. 16.4 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half (11/2) times his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employee, the Department Head must be notified in writing of the off duty appearance within seventy-two (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance. ARTICLE XVII — MILEAGE COMPENSATON 17.1 Employees using their personal automobile for City business, with their department head's approval, shall receive mileage compensation equal to that allowed by the Internal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies, except that employees whose regular work station is at the White Slough Water Pollution Control Facility shall receive mileage compensation, not to exceed 20 miles (each direction) if called back to the plant in an emergency situation. Allowance changes shall be effective the first day of the month following the determination of a change by the IRS. Chapter 2 - Leaves ARTICLE XVIII — CATASTROPHIC LEAVE 13 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 20222019 18.1 Catastrophic Leave will be provided as stated in the City's current Policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability. 18.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability ARTICLE XIX — BEREAVEMENT LEAVE 19.1 Regular employees shall be granted 3 days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's: Spouse/domestic partner Parent/step-parent/foster parent Grandparent grandparent -in-law parent -in-law Child/step-child grandchild son-in-law daughter-in-law Sister/step-sister/half-sister Brother/step-brother/half-brother or a more distant relative who was a member of the employee's immediate household at the time of death. 19.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days. ARTICLE XX — HOLIDAYS 20.1 Members of this Unit shall observe the following nationally observed holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve (4 hours) Christmas Day January 1 3rd Monday in January Yd Monday in February Last Monday in May July 4 1 st Monday in September 4th Thursday in November Friday following Thanksgiving Day December 24 December 25 Employees receive holiday pay if/when they work on the above City -recognized national holiday In addition, each employee shall be granted thirty-six (36) hours of holiday leave to be taken off at a time mutually agreed upon between the employee and the 14 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n department head. Holiday leave cannot be carried over into the following calendar year. Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed holidays and the prorated share of floating holidays for the remainder of the calendar year Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day. 20.2 Holiday time may be taken in quarter hour increments. ARTICLE XXI — LEAVES OF ABSENCE 21.1 Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU ARTICLE XXII — SICK LEAVE 22.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 22.2 Sick leave may be accumulated up to an unlimited amount. 22.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010. ARTICLE XXIII — VACATION LEAVE 23.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hrs per pay period 6th year: 4.62 hrs per pay period 12th year: 5.24 hrs per pay period 15th year: 6.16 hrs per pay period 21 st year: 6.47 hrs per pay period 22nd year: 6.78 hrs per pay period 23rd year: 7.09 hrs per pay period 24th year: 7.40 hrs per pay period 25th year & over: 7.71 hrs per pay period 23.2 If conflict arises in the scheduling of vacation of employees in the same classification, the conflict shall be resolved in favor of the employee with the greatest City seniority. The senior employee shall receive first choice in any scheduling period. 15 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 20222019 2019 23.3 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount. Under extenuating circumstances, requests to accrue vacation leave over the maximum may be authorized by the City Manager. For all other issues regarding Vacation Leave refer to the City's Policy on Vacation Leave. 23.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate will be 6.16 hours per pay period. Chapter 3 - Insurance and Retirement ARTICLE XXIV — MEDICAL INSURANCE 24.1 All employees are offered medical insurance for themselves and dependents through Ca1PERS-Medical Plans. Effective January 1, 2018, the City will contribute the following amounts toward the medical premium: $1,794.51 per month for family $1,380.39 per month for employee +1 dependent $690.20 per month for employee only The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected. 24.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu): $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for employee only In order to qualify for this provision, proof of group insurance must be provided to the City. 24.3 Effective January 1, 241-92020 and through December 31, 2022, the maximum amount the City will pay towards medical premiums will be increased by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $43,000$47,000. Percentage increases shall be based upon the amounts paid by City ($690.20 for Employee only, $1,380.39 for Employee + 1 and $1,794.51 for Family). 16 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-202220'�r9 23.4 Employees shall be eligible for medical insurance from the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi. 24.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benefits for the unmarried surviving spouse and any minor children of any members of this unit who is killed or dies during the performance of official duties. This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available. ARTICLE XXV — DENTAL INSURANCE 25.1 Employees are provided fully paid family dental insurance. 25.2 Maximum benefits are $1000 for each family member enrolled in the dental plan per calendar year. There is a $25 deductible plus co-insurance features. ARTICLE XXVI — VISION INSURANCE 26.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a $25 deductible for the employee and dependents. The entire premium shall be paid by the City. ARTICLE XXVII — CHIROPRACTIC INSURANCE 27.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXVIII — LIFE INSURANCE 28.1 The City agrees to provide a life insurance program providing $25,000 term life insurance which includes $25,000 of Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75to 10-% at age 95. In addition, a spouse, unmarried dependent children between the ages of 6 months and 21 years, unmarried student dependent children to 23rd birthdayaged '" "" 22, and dependent handicapped children shall be covered for $1,500 insurance. Children between age of 14 days an under 6 months shall be provided with $150 life insurance. 28.2 The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the Maintenance & Operators Unit. ARTICLE XXIX — LONG TERM DISABILITY 29.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability. This program commences 60 days from the date of disability. Please refer to the City's Policy on Long Term Disability. 17 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 29.2 The maximum length of coverage is three years from date of disability. ARTICLE XXX — WORKER'S COMPENSATION 30.1 The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Worker's Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee, upon receiving said benefits paid by Workers' Compensation shall also receive compensation from the City in such an amount that when added to the Workers' Compensation payment shall equal his or her regular salary. The amount paid by the City shall, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City. ARTICLE XXXI — FLEXIBLE SPENDING ACCOUNT 31.1 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. ARTICLE XXXII — DEFERRED COMPENSATION PLAN 32.1 The City and AFSCME agree to the implementation of the following program effective July 1, 1977. 32.2 The City shall match contributions by Maintenance and Operators employees to a deferred compensation program up to a maximum 3.0% of the employee's gross salary. ARTICLE XXXIII — PERS 33.1 The City agrees to provide the following PERS retirement program and to pay the employers cost for employees deemed to be "classic" employees by PERS: a. PERS "2% at 55" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit (Section 21298) MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-202220'�r9 c. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4). d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and Section 21263.3) e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). f. Military Service Credit as Public Service (Section 21024). g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. i. Employee shall pay employee share of retirement at 7% effective December 31, 2013. 33.2 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "new" employees by PERS under the Public Employee Pension Reform Act of 2013 (PEPRA): a. PERS "2% at 62" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. c. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. £ Military Service Credit as Public Service. g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. 19 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 2022201�n i. Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation. 33.3 Effective as seen as admi ,,stat,.. .. possible May 20, 2019, in accordance with California Government Code §20516 contract amendment process requirements, each employee in the unit shall pay three percent (3%) towards the employer's share of Ca1PERS normal pension cost (cost-sharing). in exehange, the City shprovide a three pereent l 0 ) salary adjustment. The parties agree that should the �r �Ptiatethe elimination of the three 3er-c@nt(39%) E6$t- sharing by the employee, the coFresponding three per -cent 0 ) salary adjustment by the City shall also eease and beeome null and void, Effective July 13, 2020, each employee in this unit shall pay an additional one percent 0%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective January 11, 2021, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of Ca1PERS normal pension cost (cost-sharing). Effective January 10, 2022, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of Ca1PERS normal pension cost (cost-sharing). ARTICLE XXXIV — SICK LEAVE CONVERSION 34.1 For all unused sick leave balance, a represented employee with ten years of employment with the City will receive medical coverage upon retirement (but not upon resignation or termination) using one of the following options: Option #1— CONVERSION After ten years of employment with the City, 50% of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten years, the employee shall be entitled to add 2 1/2% to the 50% before converting the unused sick leave to months of insurance. F.XA T\4PT ,F, ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS OF UNUSED SICK LEAVE. 1800 - 8 X 75% - 12 = 14.06 YEARS OF COVERAGE The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXIV. Any differences created by an increase in premiums must be paid for by the employee. In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died. Option #2 — BANK 50% of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years, 2 1/2% will be added to the 20 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00. PYAMPT F• ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS OF UNUSED SICK LEAVE (MULTIPLICATION FACTOR - $20.00). 1800 x 75% x $20.00 = $27,000.00 This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance is gone. In the event the retiree dies the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone. Option #3 #4 — PERS CREDIT 34.26 Per California Government Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of determining days creditable. 34.36 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums or cash as referenced in options 1 and 2-3. The only option available to these employees is Option #3#4, PERS credit. 34.5-7 Option #3#4 is available to all represented employees meeting PERS eligibility requirements. 34.68 If an employee opts to utilize the provisions of Option #1, or Option #2, or- Option #3, the City will report to PERS they have zero hours of unused sick leave. 21 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n Chapter 4. Union/City Issues ARTICLE XXXV — UNION LEAVE 35.1 Whenever any employee is absent from work as a result of a formal request by the AFSCME to send an employee to be involved in union business, the City shall pay for all regular time lost and shall be reimbursed therefore by the AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate. 35.2 The City agrees to provide storage space to AFSCME for union materials. ARTICLE XXXVI — DEMOTION AND LAYOFF 36.1 The classification of Maintenance Worker in the Parks, Recreation and Cultural Services or Public Works Department will be "Y" rated if an employee is involuntarily transferred or demoted between departments as a result of a reduction in workforce. 36.2 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXVII — CHANGES IN MEMORANDUM 37.1 The parties agree to reopen this Memorandum and to renew meeting and conferring on the subjects set forth herein during the term of this Memorandum only in the event that any provision of this MOU is modified by statue, 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 shall continue in full force and effect unless and until they are also modified by statue, applicable regulation, order of Court, or agreement of the parties. ARTICLE XXXVIII — CITY RIGHTS 38.1 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. • Determine the procedure and standards of selection for employment; to direct its employees. • Maintain the efficiency of governmental operations. • Determine the methods, means and personnel by which government operations are to be conducted. • Take all necessary actions to carry out its mission in emergencies. • Exercise complete control and discretion in the technology of performing its work. • City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine 22 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. ARTICLE XXXIX — EMPLOYEE REPRESENTATION 39.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (hereinafter referred to as "AFSCME"), for the Maintenance and Operators Unit. The parties to this MOU acknowledge and agree that this MOU constitutes the results of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reach agreement are set forth in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment. The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A. 39.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51. 39.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF a. Union Membership — All employees covered by this Agreement shall have the opportunity to be a member of AFSCME. ,, beeeme and -reffiain members of the UNION within 30 days of emple�qment in a or -e job elassifieation The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement_ and the r-equir-emen4 to beeeme and maintain member -ship in the A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting. 23 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n fib. Membership status shall remain in effect per the terms set forth in the AFSCME Membership AnDlication. Onlv AFSCME members are afforded e c.The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted. fid. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY. ge.Payroll deductions shall be limited to the following choices: • Union Membership Dues • Ageney Shop Feel • AFSCME Voluntary Political Action Check Off (PEOPLE) 24 �. • . ilml 11m, JW �. • . IN' 11111*1 All" fib. Membership status shall remain in effect per the terms set forth in the AFSCME Membership AnDlication. Onlv AFSCME members are afforded e c.The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted. fid. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY. ge.Payroll deductions shall be limited to the following choices: • Union Membership Dues • Ageney Shop Feel • AFSCME Voluntary Political Action Check Off (PEOPLE) 24 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n h:f. The Union will comply with its legal obligation regarding the administration of this section. Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article. 39.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate department head managing the facility or designee and shall include the date, location, time and general purpose of such meeting. The City may establish reasonable regulations governing the use of such facilities. 39.5 No City employee or applicant for employment shall be discriminated against in any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability. 39.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XL — GRIEVANCE PROCEDURE 40.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarification executed by AFSCME and the City. The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application, or enforcement of the express terms of the MOU and other terms and conditions of employment and matters of discipline which includes demotion, suspension or discharge. As used in this procedure, the term "party" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the grievance procedure. 25 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 40.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: a. Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City. b. Discharge, demotion, suspension or discipline of an individual employee. Employees shall have the right to grieve letters of reprimand through the chain of command up to the Department Director or designee. The decision of the Department Director or designee is final and binding and not subject to further grievance. c. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa. 40.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the Grievance. 40.4 STEP TWO: If a grievance has not been resolved in initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days from the date of the answer in Step One. 40.5 STEP THREE: If a grievance is not resolved in Step Two, Step Three shall be the presentation of the Grievance, in writing, by the employee or his/her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in Step Two. 40.6 STEP FOUR: If a grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for the grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an 26 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 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 (5) arbitrators from which the City and AFSCME shall alternately strike names until one (1) name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five (5) arbitrators, the same request shall be made of the American Arbitration Association. To ensure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing will be held on the employer's premises. 27 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing. The decision will be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to 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. 40.7 Failure by either party to meet any of the aforementioned time limits as set forth in Section 36.3, 36.4, 36.5, or 36.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 40.8 Employees may have documents (other than performance reports) relating to absenteeism and disciplinary actions removed from their personnel files if the incident prompting the action took place twenty-four (24) months or more previous and no incident of a similar nature has occurred in the interim. 40.9 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 40.10 Only AFSCME may appeal a grievance to arbitration. ARTICLE XLI — MUTUAL CONSENT CONTINGENCY 41.1 This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU. ARTICLE XLII — NO STRIKES 42.1 The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick -ins", or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU. ARTICLE XLIII — PROBATIONARY PERIOD MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 43.1 All appointments to positions in the classified service shall be subject to a probationary period of 12 continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his or her new duties, assignments and responsibilities in his or her new position and for rejecting any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he or she has not satisfactorily completed probation. 43.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except: a. Vacation Leave — See Article XXIII for vacation schedule. b. The use of the Grievance Procedure to grieve termination. c. The City and the employee may mutually agree to extend the probationary period in increments up to f r iet � �6 months. The total extended probationary period shall not exceed twelve (12,) months. The AFSCME must shall be notified of all extensions by Human Resources. 43.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position which he or she was promoted. The seniority and status of a rejected candidate shall continue as before. ARTICLE XLIV — PROMOTION 44.1 The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within, consistent with the best interest of the City. ARTICLE XLV — SENIORITY 45.1 Seniority is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is: a. inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights, b. on duty with the National Guard, C. is absent due to industrial injury, d. on leave of absence, or e. absent due to layoff for a period of less than twelve (12) consecutive months. 29 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n ARTICLE XLVI — SHOP STEWARDS 46.1 The AFSCME agrees to notify the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classifications and shall not interrupt the work of other employees. A steward may, with reasonable notice and the approval of his or her supervisor, leave the job during working hours for reasonable period to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his or her presence is necessary in the judgment of his or her supervisor for the safe conduct and efficiency of the operations in which he or she is engaged. ARTICLE XLVII — STATUS 47.1 Employees shall be designated as regular, or probationary, or temp,.,.afy, depe dii+g upon the pufpese for whieh they are hired and their length of eonlinuous serviee with the City. a. A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration Article X (Probationary Period). b. A probationary employee is defined as an employee hired for a full time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he or she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve months of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee. ARTICLE XLVIII — TERM 48.1 The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and AFSCME. The term of this MOU shall cover the period from January 1, 20205 to December 31, 20221. 30 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220l�n CLASSIFICATION PLAN EXHIBIT A Maintenance & Operators Effective February 10, 2020 P►T...,.,mber 19, 2018 31 Annual Salary Job Title Job Step 0 Step 1 Step 2 Step 3 Step 4 Code BUILDING SERVICES SUPERVISOR 4701 $ 56,215.58 $ 59,026.26 $ 61,977.54 $ 65,076.52 $ 68,330.45 CHIEF WASTEWATER PLANT OPERATOR 4150 $ 69,668.48 $ 73,151.84 $ 76,809.48 $ 80,649.88 $ 84,682.46 ENVIRONMENTAL COMPLIANCE INSPECTOR 4160 $ 57,690.59 $ 60,575.13 $ 63,603.87 $ 66,784.07 $ 70,123.24 ENVIRONMENTAL COMPLIANCE INSPECTOR -A 4161 $ 58,148.29 $ 61,055.63 $ 64,108.43 $ 67,313.80 $ 70,679.54 EQUIPMENT SERVICE WORKER -A r4001 $ 42,842.8_0 $ 44,984.96 $ 47,234.20 $ 49,595._94 $ 52,075.77 EQUIPMENT SERVICE WORKER 4000 $ 42,270.78 $ 44,384.30 $ 46,603.49 $ 48,933.66 $ 51 FACILITIES MAINTENANCE WORKER 4055 $ 46,459.20 $ 48,782.13 $ 51,221.28 $ 53,782.35 $ 56,471.44 FACILITIES SUPERVISOR 4050 $ 58,774.82 $ 61,713.58 $ 64,799.21 $ 68,039.22 $ 71,441.10 FLEETSERVICES SUPERVISOR 4040 $ 64,169.07 $ 67,377.50 $ 70,746.43 $ 74,283.77 $ 77,997.87 HEAVY EQUIPMENT MECHANIC 4020 $ 50,730.24 $ 53,266.79 $ 55,930.06 $ 58,726.56 $ 61,662.95 HEAVY EQUIPMENT MECHANIC 4021 $ 53,018.54 $ 55,669.57 $ 58,453.01 $ 61,375.63 $ 64,444.43 LAB SUPERVISOR 4075 $ 69,668.48 $ 73,151.90 $ 76,809.48 $ 80,649.95 $ 84,682.46 LABORATORY TECHNICIAN 1 r 4070 $ 45,951.64 $ 48,249.30 $ 50,661.81 $ 53,194.91 $ 55,854.54 LABORATORY TECHNICIAN II 4071 $ 50,542.89 $ 53,070.01 $ 55,723.53 $ 58,509.76 $ 61,435.15 LEAD EQUIPMENT MECHANIC - A 4011 $ 58,091.54 $ 60,996.11 $ 64,045.99 $ _ 67,248.31 $ 70,610.70 LEAD EQUIPMENT MECHANIC 4010 $ 55,803.24 $ 58,593.45 $ 61,523.06 $ _ 64,599.22 $ 67,829.22 MAINTENANCE WORKER 1 r 4080 $ 40,235.59 $ 42,248.39 $ 44,360.10 $ 46,577.91 $ 48,908.92 MAINTENANCE WORKER II 4081 $ 44,251.75 $ 46,464.42 $ 48,787.64 $ 51,227.01 $ 53,788.32 PLANT& EQUIPMENT MECHANIC 4130 $ 52,445.0_2 $ 55,066.27 $ 57,818.12 $ 60,708.08 $ 63,743.65 PLANT& EQUIPMENT MECHANIC 4131 $ 56,942.5_2 $ 59,789.65 $ 62,779.16 $ 65,918.07$ 69,213.97 PARK MAINTENANCE WORKER 1 4710 $ 38,322.07 $ 40,238.23 $ 42,250.07 $ 44,362.59 $ 46,580.69 PARK MAINTENANCE WORKER II 4711 $ 42,150.35 $ 44,257.74 $ 46,470.67 $ 48,794.17 $ 51,233.95 PARK MAINTENANCE WORKER III 4712 $ 46,366.67 $ 48,710.18 $ 51,119.22 $ 53,675.24 $ 56,358.97 PARK SUPERVISOR 4740 $ 58,774.82 $ 61,713.58 $ 64,799.21 $ 68,039.22 $ 71,441.10 PARTS CLERK 4030 $ 40,262.9_7 $ 42,276.0-9T 44,389.86 $ 46,609.47 $ 48,939.93 SENIOR STOREKEEPER 4140 $ 47,647.52 $ 50,029.85 $ 52,531.37 $ 55,157.93 $ 57,915.89 SERVICE WRITER 4035 $ 40,262.97 $ 42,276.09 $ 44,389.86 $ 46,609.47 $ 48,939.93 SR FACILITIES MAINTENANCE WORKER 4060 $ 51,105.04 $ 53,660.23 $ 56,343.26 $ 59,160.47 $ 62,118.56 STREE MAINTENANCE WORKER II 4092 $ 45,281.61 $ 47,545.58 $ 49,922.90 $ 52,418.99 $ 55,039.99 STREET MAINTENANCE WORKER 14082 $ 40,235.59 $ 42,248.39 $ 44,360.10 $ 46,577.91 $ 48,908.92 STREET MAINTENANCE WORKER I -A 4090 $ 41,267.22 $ 43,330.53 $ 45,497.16 $ 47,771.99 $ 50,160.58 STREET MAINTENANCE WORKER II 4083 $ 44,251.75 $ 46,464.42 $ 48,787.64 $ 51,227.01 $ 53,788.32 STREET MAINTENANCE WORKER III 4100 $ 48,682.37 $ 51,116.44 $ 53,672.20 $ 56,355._90 $ 59,173.67 STREET MAINTENANCE WORKER 111 - A 4101 $ 50,169.76 $ 52,678.23 $ 55,312.15 $ 58,077.77 $ 60,981.63 STREET SUPERVISOR 4110 $ 61,706.21 $ 64,791.56 $ 68,031.15 $ 71,432.62 $ 75,004.31 STREET SUPERVISOR 4111 $ 63,651.30 $ 66,833.85 $ 70,175.53 $ 73,684.36 $ 77,368.58 TRAFFIC SIGN WORKER 4120 $ 42,150.35 $ 44,257.74 $ 46,470.67 $ 48,794.17 $ 51,233.95 WASTEWATER PLANT OPERATOR 1 4170 $ 50,046.27 $ 52,548.63 $ 55,176.00 $ 57,934.81 $ 60,831.58 WASTEWATER PLANT OPERATOR I1 4172 $ 55,052.36 $ 57,805.05 $ 60,695.28 $ 63,730.01 $ 66,916.47 WASTEWATER PLANT OPERATOR III 4173 $ 60,557.75 $ 63,585.52 $ 66,764.74 $ 70,103.07 $ 73,608.16 WATER PLANT OPERATOR II 4200 $ 55,052.36 $ 57,805.05 $ 60,695.28 $ 63,730.01 $ 66,916.47 WATER PLANT OPERATOR 111 4201 $ 60,557.75 $ 63,585_.52 $ 66,764.74 $ 70,103.07 $ 73,608.16 WATER/WASTEWATER MAINTENACE WORKER I -A 4210 $ 41,614.36 $ 43,695.05 $ 45,879.89 $ 48,173.77 $ 50,582.53 WATER/WASTEWATER MAINTENACE WORKER II 4211 $ 46,166.54 $ 48,474.88 $ 50,898.65 $ 53,443.56 $ 56,115.73 WATER/WASTEWATER MAINTENACE WORKER III 4212 $ 48,682.37 $ 51,116.30 $ 53,672.34 $ 56,355.90 $ 59,173.67 WATER/WASTEWATER MAINTENANCE WORKER III -A 4213 $ 52,116.92 $ 54,722_.90 $ 57,459.05 $ 60,331.88 $ 63,348.53 WATER/WASTEWATER MAINTENANCE WORKER 1 4085 $ 40,23 559 $ 42,248.39 $ 44,360.10 $ 46,577.91 $ 48,908.92 WATER/WASTEWATER MAINTENANCE WORKER II 4086 $ 44,251.75 $ 46,464.42 $ 48,787.64 $ 51,227.01 $ 53,788.32 WATER/WASTEWATER SUPERVISOR 4180 $ 66,349.75 $ 69,669.30 $ 73,149.76 $ 76,809.48 $_ 80,650.72 WATER/WASTEWATER SUPERVISOR - A 4181 $ 71,866.11 $ 75,459.37 $ 79,232.29 $ 83,193.96$ 87,353.65 WELDER -MECHANIC 4220 $ 50,728.98 $ 53,267.35 $ 55,931.02 $ 58,727.38 $ 61,663.51 31 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n Certiiaotien Requirenwrlts and bm!nfmE Chat Kt irtrnamt Operator. and Gbrvat Sura G&..W S!roux aIwfa tams: Prd&Warts I Wafer Ca*ihuEaer I llimunmo and Pbrrt I Cnikxtion Msrtesrmm Mi-CTm4ilimti— migible for Pest CmhOla IrkWedun end Water Servi—Tollnimlae Ope rCertifi to op—tor Cert6.t> Sysb—r-fflktl qu.k6ad Appk*—C frfate lk.—trre W mtxr ■ `��x1ts��i��G WeRr Dl=barberr 6P.eelaF QY1>ilmt6 CdlettiplRl164Yk16[e mMaiatmanrte rbf—te Emirmmenhf � 5'tetem CertrRmtes JOG O¢ssiRmtOryvf7ts Jnb ClesdYlmtiorX'Yrtic BIr A CS Q ♦3 ib ❑t1 Q\ Sheet l.'.eill[Car2'liottc l M *SSW' $40 $40 $40 $40 570 376 Sheet mi m'J;otterll M $ 600 W $44 $44 $4A 576 546 51—t%ienrtenvxV:olar 111 M $ 600 $+W $40 $40 576 546 Sheet kleint—Su enisar M $ 600 $40 $40 576 540 W etcr errtl WesteW"er YeirMenen[e WnrlOet Ge.. 7i[a-icr WeRr Dl=barberr 6P.eelaF QY1>ilmt6 1Mete7loanmtPlM cp..te izeili t t. 9rS11YarC mMaiatmanrte rbf—te Emirmmenhf � Metlleeid TetlYgbBist CSCCmte (W.,w T.A] JOG O¢ssiRmtOryvf7ts Bu ❑enA 61 02 c& 04'm ri T7. T3 T4 h Q Q ♦3 O7 EO EC1 E[3 BC4 Mfi M17 FMRMW4terAW,d wdr MSV M $870' 2-". Z.",$40 $40 546 540 SAS $40 $40 540 540 I 640 $40 $40 S40 $40 540 wtvh .terrier MW M $ 600 734 i?4 $40 $40 376 376 Na y0 y7 $40 $40 $40 y0 540 WIYeyWect—ta MW III M $ 6m 735 Z'% $40 $40 546 $AO y:0 y-0 $40 $40 $40 y-0 546 vw J" Alxrll I`•vver M $I M. 4% $40 -0 546 " y-0 : Yz tw. $40 $40 540 $40 540lerrfSNYSuV.-M$GW'A.%y-0a-06 .40 .`a0 S46 $90 S40Witt Fk—,n & -Med— M :870' 4?4 r0 r0 54[' ' r0 r'7 "iRehrl[nl antl Cde[Ilon Callllotida re4alrc ITxnM ere tlepN5tlen[ on essigmrcr5t to W etcr a W este Meter 3Y stem 6m onmenM [n7wraiory Tcchnitisn erA Em-ionmen�l Weher birtrbutian Oprtmtor wetcrTrtetrxnt PbM latablorT Ansfrst C�mplolxe ^---firatior.s cti Certfimtcs Op—ta Cer7ilirat. C rm*.Le eamp.ierce Inner certidmtes thelia Otd ■M Cm■n M Dw C—r. —S 3upv o3tairs the bistrieuhm :-- - -e=- - -`_'S mid 4,%r-mtiue_ n they ottrin the heetmerts—ts in eeddm4 they we eligible 113r$40 meet Jve W Crwle 11 rertKmte amain[ 1r in—.e'=". t:—t :--'mrcj Updated 314'2?a 32 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 202220'�n 3 !'.'`"_-:A'• -]1[C=Pats' iter-�:—iu_].;:f ti: M. DYC-re5rdn6 Te Weer P!M Opemeor oeesiYatiorrs Certifition Regoirrntmtvand I -r -Chat fdairtenarcr Operator: and Genn kn•ira tm[aalrrrAmlyst MrAieniml letlinologist �IIr/lvllrnen�[Ean C."A Catilfo pdedReN) fl!['limles Water IL9�YLL Opealer Mre[Q7(g�PEM tAYaa•arT AnYFA rneetr.ot ttarioto�t Cerblirabes Opent a+tiRmtes fetiimtr 12r47imtes�Metltiedif Ardde 121 pard -for $I* per nlorAh [rtmromun of $25D} for itcerro.e Fur eadt grade eE or aI,- dte mini—as poaided for n Ehihit C [i—p-d'n Ore UW -ahoy) Ar� re .ddan rrrtir.m [Mac 0$15A.Wr ith Nl rorrb:led uc �,dn�r:) lE[dl!❑ lob rvnmE 6=distrihutimo]'=nte.m,d by 3tx r�::e-Re:o_•c]:'_o-:•o 3oa•d 'dxainwfn ]2 months ol`a menr(nrxmie id when eeohlaia .10—T=n-axr treatn a-ce �F�2iswed w 5:::e ::e-Fe.o. xe: Co•:nl board '•ob inwm2d—.&. oFa 'nerK.rtfrcerrc've ouidwhenadotuins oerel5ooe WW=wrarteu.:e-:e-`caa i:s_ed b. :-e �:::e :.:: ]•F.esw esLar:mlk— &obtainwjn26—thsof oht'nirg Grade l'Nasxwane• Treatrnerrt Op--6fixr C=Cdkctiors a-'c::e ...e__ C-..,.e-E--:-T_n: Assodadon (LSYTb.) • obtinoerti wfin I6 mor:hs oF: 'rtrnnr[fncc a'd xhena ahtain Frate U lahar.:oryE-. ->—:Acsod,tkw (CWEA.) !obtain whin 30 morthsaFa 'rtrne•rtfnx ps ufien ee obtain u rtIfi— EC=Error--e':: C. _ -'c -.e ___]r by fA WrterEmironmertAsodatior iC�'.FAI Bobtain wfn 6 morths of: 7tmea[fince a d when— obtain oertifi— B�9ioso=: :_C-.__ e-7 -t9—Lm—d by CA Water Ent—'. Assoda:ion MT= Mec- - c: -ec--c 7 ce =e 7 ::. ed ay C4 Water Enaimnrnent Pssx'at'ar ;C'h-EAj GMAT= 3ac•':n o'e.e'- �:e^,. Te-]• CQ3=Cv:: Ca -ec'o-C:'I': ;:-.... tlpd.Cd 3j4FA P 33 ©=®®®®M mm MEM MOMMOME 0 MEMEMEMEME MEMO ©=®®®®MMS - - MOMOM ©=®®®® = 10100 lE[dl!❑ lob rvnmE 6=distrihutimo]'=nte.m,d by 3tx r�::e-Re:o_•c]:'_o-:•o 3oa•d 'dxainwfn ]2 months ol`a menr(nrxmie id when eeohlaia .10—T=n-axr treatn a-ce �F�2iswed w 5:::e ::e-Fe.o. xe: Co•:nl board '•ob inwm2d—.&. oFa 'nerK.rtfrcerrc've ouidwhenadotuins oerel5ooe WW=wrarteu.:e-:e-`caa i:s_ed b. :-e �:::e :.:: ]•F.esw esLar:mlk— &obtainwjn26—thsof oht'nirg Grade l'Nasxwane• Treatrnerrt Op--6fixr C=Cdkctiors a-'c::e ...e__ C-..,.e-E--:-T_n: Assodadon (LSYTb.) • obtinoerti wfin I6 mor:hs oF: 'rtrnnr[fncc a'd xhena ahtain Frate U lahar.:oryE-. ->—:Acsod,tkw (CWEA.) !obtain whin 30 morthsaFa 'rtrne•rtfnx ps ufien ee obtain u rtIfi— EC=Error--e':: C. _ -'c -.e ___]r by fA WrterEmironmertAsodatior iC�'.FAI Bobtain wfn 6 morths of: 7tmea[fince a d when— obtain oertifi— B�9ioso=: :_C-.__ e-7 -t9—Lm—d by CA Water Ent—'. Assoda:ion MT= Mec- - c: -ec--c 7 ce =e 7 ::. ed ay C4 Water Enaimnrnent Pssx'at'ar ;C'h-EAj GMAT= 3ac•':n o'e.e'- �:e^,. Te-]• CQ3=Cv:: Ca -ec'o-C:'I': ;:-.... tlpd.Cd 3j4FA P 33 Certification Requirements and Incentive Chart Maintenance Operators and General Services General Services Classifications: Public Works I Water Distribution Water Treatment Plant Misc. Classifications eligible for Pest Control OF Inspectors and Water ServicesTechnicians Operator Certificates I Operator Certificates I I Qualified Applicators Certificate Incentive Job ClassifcationjTrtle eu jClass A I D1 I D2 I D3 I D4 I T1 I T2 I T3 I T4 I T5 I Job ClassificationfTrtle Public Works Insrectw I G 2%' $50 Park Maintenance Works I Public Works Inspector 11 G 2%' Sfi0 Park Maintenance Works 11 Water Serfices T—hnitian I G ' $fio Park Maintenance Worker III Water Semi—T—hnician 11 G $fi0 Parks Supervisor 540 Sr. Fadlities Maintenance Worker Street Maintenance Worker Classifications Cdlecdon Maintenance System Ce t fixates Water Treatment Plant Operator Certificates Collection Maintenance System System Certifirates Job ClassifcationjTrtle eu pass A CL C2 C3 C4 Pest. CM QA Street Maintenance Worker I M $600' 540 540 540 540 550 $40 Street Maintenance Wanker II M 5 600 540 540 540 540 550 W Street Maintenance Worker III M 5 60O 540 $40 $44 $50 540 Sheet Maintenance Su perNsor M 5 WO $40 $40 540 $50 54O Water and Wastewater Mai ntenante Worker n Classificatios Water Distnbution Operator Certificates Water Treatment Plant Operator Certificates Collection Maintenance System System Certifirates Environmental Compliance Inspertivn Certificates Mechanical Technologist Certificates (MechTechI Job Classifratiun/Trtle Bu Ctas A Dl D2 D3 D4 D5 TI T2 T3 T4 T5 CI C2 C3 C4 ECI EC2 EC3 EC4 FAIL MT2 MT3 MT4 Water/Wastewater MW l M $600' 2%' 2% 540 $40 540 $40 $40 $40 $40 540 $40 $40 540 $40 $40 $40 $40 Water/Wastewater MW 11 M $ 600 2% 2% 540 $40 540 $40 $40 $40 $40 540 $40 $40 540 $40 2% 296 540 540 SW $40 $40 $40 Water�lNastewater MW 111 M $ 600 2% 2% $40 $40 540 $40 $40 $40 540 $40 $40 540 $40 $40 $40 $40 Wtr/WWSupervisw [Water]^ M $600' 4% 540 540 540 540 540 540 540 $40 $oil $40 540 $oil $40 $40 $4a WtFAVWSupervmr Vastewaterj^ M $600' 491 540 540 540 540 $40 540 $40•' $40 $oil 540 540 540 $40 $40 54a W"Plant&Equip Mechanic M $600' 4% 540 $44 540 " 540 $'40 $40 $40 540 540 540 540 540 'Treatment and Collection Certification requirements are dependent on assignmem to Water or Wastewater System Laboratory Technician and Environmental Water Distnhution Operator Water Treatment Plant Laboratory Analyst Environmental Compliance Inspection Compliance Classifications Cerairirates Operator Certificates Certificates Certificates Job Classifration/Trtle eu pass A Dl D2 03 D4 DS Ti T2 T3 T4 TS LAI LA2 LA3 LA4 ECI EC2 EC3 ECA BFPAT COOS LaboratoryTechnician I M 540 540 54O 540 540 540 540 $40 Laboratory Technician II 1.1 -40 540 540 $40 $4a $40 $40 Enwonmenta l Comp Inspector k1 2% 296 540 540 SW $40 540 540 $40 " $40 $40 540 $40 $40 "}W" Laboratory Services Supervisor M 2%' 2% SW $40 540 $40 $40 $40 $40 1 540 $40 1 540 540 Requred tG obtain a l]1 OR a Tl If Env Comp Inspj Lab Servs Supv obtains the Distribution certs first, they receivethe 2% and 4% incentive. If they obtain the Treatments certs in addition, theyare eligible for $40 incentive fw Grade II rertiFcate obtained (no incentive fortheGrade I certificate) Updated 10/1612018 1 of t MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020 - 2022'^t�n Certification Requirements and Incentive Chart Maintenance operators and General Services Laboratory Analyst Mechanical Tedrnologist Environmental Wasteerater Plant Operator Oassifications Wastewater Plant Operator Certificates Compliance Inspection Certificates Certificates (MethTedr) Certificates Job ClassifitationjTrtle BU Cass A Off wwl wtr2 ww3 ww4 wwS LAI L42 LA3 LA4 MTI MT2 1AT3 M74 ECI EC2 EC3 EC4 QA Wastewater Plant Operator I M " $411 & $40 $40 $40 540 $40 $40 $40 540 540 $40 $40 520 Wastewater Plarrc Operatcrll M $40 540 $40 $401 $40 W 540 $40 $40 540 $48 $20 Wastewater Plant Operator III M $40 $40 540 540 540 $40 $40 $40 $28 Chief Wastewater Plant Operator M 540 $'10 $40 $40 540 $40 $40 540 548 W 540 540 Referto Section 12.3 of the M&O MOU regarding the Qualified Applicators Certificate incentive CIs A Class A Brk Lamp 5mg Weld Cert Al A2 A3 A4 Water Plant Operator Classifications Water Distribution Operator Certihrates Water Treatment Plant Operator Certificates Laboratory Analyst Certificates Mechanical Technologist Certirirafes [MechTech} Job ClamificationfTrtle au {lass A Dl D2 D3 D4 DS T1 T2 T3 T4 TS LAI L42 I tA3tA4 MTl M12 MT3 MT4 QA Water Plant Operatorll M $40 540 $40 $40 $40 $40 $40 540 $40 540 $40 540 540 $40 $40 $40 $20 Water Plant Operator III M $40 $40 $40 $40 540 $114 $40 $40 $40 $40 %0 $40 540 540 520 Reference Section 12.3 of the M&C MOU regarding the Qualified Applicatras Certffi€ate incentive Article 12.1 provides for $40 per month [maximum of 5250) for incentive For each grade at or above the minimum as provided for in Exhibit C (incorporated in the tables above) Automated Service Excellence [ASE}Terhnician Certificates [Max of $150.04 with all combined ASE oerttficates) Auto Transit Bus Certificates Trude MedfHeavyTruck Job ClassificationfTrtle SU Clas A CIs A Class A Brk Lamp 5mg Weld Cert Al A2 A3 A4 AS A6 A7 AE Fl H2 H3 H4 HS HG H7 Pl P2 P3 P4 P9 T1 T2 T3 T4 TS T6 T7 T8 Equip Service Worker M 56006 $25 $12.5 512.5 Heavy Equip Mechanic M $68011 525 $12.5 512.5 $50 Lead Equip Mechanic M 56601E 525 $12.5 $12.5 $50" Mfor3 ASEcertfFi€ates and 558for 8 ASE Certfrrates, for a maximum of 5158/month for ASE certificates Welder-ledhanic IPW) M I solitm 525 $12.5 1 $12.5 1 $50 Fleet Services Supervisor M $6WM LEGEND Job Requirement ' obtain w/in 12 months of appeintmenineentive paid when ee obtains certificate " obtain w/in 24 months of appointment/incentive paid when ee obtains certificate & obtain w/in 24 months of obtaining Grade I Wastewater Treatment Dperator certificate "' obtain w/in 18 months of appointment/incentive paid when ee obtains certificate I obtain whin 30 months of appointment/incentive paid when ee obtains certifitare 4 obtain w/in 5 months of appointment/incentive paid when ee obtains certificate Updated 10116/2018 35 2 of 2 D= distribution certificate issued by State Water Resources Control Board T =water treatment certificate issued by State Water Resources Control Board WW = wastewater certificate issued by the Stare Water Resources Control Board C = Collections certificate issued by CA Water Environment Association (CWEA) L= Laboratory certificate issued by CA Water Environment Association (CWEA) EC = Environmental Compliance certificate issued by CA Water Environment Association (CWEA) B=Biosolids Land Application Management certificate issued by CA Water Environment Association MT = Mechanical Technologist certificate issued by CA Water Environment Association (CWEA) BFPAT = Back Flow Prevention Assembly Tester CCCS=Cross Connection Control Specialist A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO Jeremiah Miller, Chief Negotiator Date: Shawn Tallerico, Chapter President Date: Terri Lovell, Executive Vice President Date: CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer, City Manager Date: Andrew Keys, Deputy City Manager Date: Adele Post, HR Manager Date: Rodney Plamondon, Vice President Approved As To Form: Date: Janice D. Magdich, City Attorney George Agnew, Treasurer Date: Attest: Kari Chadwick, Secretary Date: Pamela M. Farris, Assistant City Clerk Thomas Gabriel, M&O Representative Date: Joseph Martinez, M&O Representative Date: Tosha Wiman, GS Representative Date: Rene Garcia, GS Representative Date: MEMORANDUM OF UNDERSTANDING CITY OF LODI A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO GENERAL SERVICES UNIT January 1, 2020 — December 31, 2022 MOU - CITY OF LODI AND AFSCME TABLE OF CONTENTS GENERAL SERVICES UNIT CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV CHAPTER 2 — LEAVES Salary Hours Compensatory Time Overtime Meals Temporary Upgrade Tools and Uniform Allowance Safety/Safety Boot Provisions Education Incentives Notary Public Incentive Bilingual Pay Tuition Reimbursement Court Appearances Mileage Compensation NUM -11 4 4 5 5 7 7 8 10 11 11 11 11 12 12 Article XV Catastrophic Leave 12 Article XVI Bereavement Leave 13 Article XVII Holidays 13 Article XVIII Leave of Absence 14 Article XIX Sick Leave 14 Article XX Vacation Leave 14 CHAPTER 3 — INSURANCE AND RETIREMENT Article XXI Medical Insurance 15 Article XXII Dental Insurance 16 Article XXIII Vision Insurance 16 Article XXIV Chiropractic 16 Article XXV Life Insurance 16 Article XXVI Long Term Disability 16 Article XXVII Workers' Compensation 17 Article XXVII I Flexible Spending Account 17 Article XXIX Deferred Compensation 17 Article XXX PERS 17 Article XXXI Sick Leave Conversion 18 CHAPTER 4 — UNION / CITY ISSUES Article XXXII Union Leave 20 Article XXXIII Layoff 20 Article XXXIV Changes in Memorandum 20 2 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT Article XXXV City Rights 20 Article XXXVI Employee Representation 21 Article XXXV II Grievance Procedure 23 Article XXXVIII Mutual Consent Contingency 26 Article XXXIX No Strikes 26 Article XL Probationary Period 26 Article XLI Promotion 27 Article XLII Seniority 27 Article XLIII Shop Stewards 27 Article XLIV Status 28 Article XLV Term 28 Exhibit A — Salary Schedule effective February 10, 2020 November- 2018 Exhibit B — Certification Requirements and Incentive Chart 3 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020 - 202220'�z01-9 Chapter 1 - Salaries and Other Compensation ARTICLE I — SALARY 1.1 , the City shall increase the salary ranges by two Califemia Govemment Code §20516-, 1 1 � G mer -al SeFviees employees agFee- to pay two per -Cent (21%) of the employer-'siivofmal eest of PERS.The pa agree that should the pafties negotiate the elimination of the twe per-eent 0 eost sharing by the employee, he eeffespve c - aant (21%) salafy adjustment by the City shall also eease ;ffind Hull -A-n-d 'Void. 0 adjustment by the City shall also e v and l.v, eme ,,,,11 ,,n . e4 Effective February 10, 2020, the City shall increase the salary ranges by five percent (5%). Effective with the first full pay period in January 2021 and January 2022, the City shall increase the salary ranges by five percent (5%). 1.3 For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland 1.4 The City agrees to een"et a review of the Adminis4ative Seer-etar-y 1 1 position, whieh will inelude a eampensvAiefi study. The study will be eendueted as seen as r'IE�H inistfatiyely possible; hew'eyef, its';l�zrl e eeneluded by r, 30, 201�e results of thestudy, wihieh may nelude a new title, amendments to the job salary,deser-iption or- will be effeetive July> > upon City Couneil approval. ARTICLE II — HOURS 2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the Supervisor. a. Employees of the Library may work a schedule which includes split days off. The hours of work shall vary according to a pre -posted work schedule. 2 Z1111112 111,11,11,1111, 1,11111,,! 11,11 ■ ■ . 1.3 For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland 1.4 The City agrees to een"et a review of the Adminis4ative Seer-etar-y 1 1 position, whieh will inelude a eampensvAiefi study. The study will be eendueted as seen as r'IE�H inistfatiyely possible; hew'eyef, its';l�zrl e eeneluded by r, 30, 201�e results of thestudy, wihieh may nelude a new title, amendments to the job salary,deser-iption or- will be effeetive July> > upon City Couneil approval. ARTICLE II — HOURS 2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the Supervisor. a. Employees of the Library may work a schedule which includes split days off. The hours of work shall vary according to a pre -posted work schedule. 2 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT b. Parking Enforcement Assistants and Animal Control personnel shall work a schedule which may provide at least one person to work each Saturday. C. Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor. 2.2 Work schedules presently in effect shall remain in effect. Any change in work hours or workdays shall be a meet and confer item. ARTICLE III — COMPENSATORY TIME 3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate for overtime worked. 3. 1.1 The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable. 3.2 No more than two hundred (200) hours of compensatory time may be carried on the books at any time. 3.4 Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 3.5 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance. ARTICLE IV — OVERTIME 4.1 Overtime work paid at the time and one half rate, is work performed by an employee outside his or her regular work hours, and includes: a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Section 2.1 and 2.2. b. Time worked on a non -work day. Time worked on a holiday will be paid at time and one-half rate (1'/2). Hours worked on a holiday, as part of an employee's regular work schedule shall be compensated as above, plus regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU. Overtime work paid at the double time rate is work performed in excess of twelve (12) hours, between 12:00 a.m. and 12:00 a.m. on any given day, or for any hours between the hours of 12:00 a.m. and 6:00 a.m. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do ^snot require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes, text messages and/or emails that require 5 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT substantive work would receive the standard three (3) hour callback at the appropriate overtime rate. 4.2 Employees who are required to report for prearranged work on their non -work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours. 4.3 Rest Period If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours, on a work day, he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours. 4.4 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: a. On work days outside of regular work hours, shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into regular work hours, shall be paid overtime compensation only for actual work time up to regular work hours. b. On non -work days or on holidays, shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of preceding work period on a work day. 4.5 The Animal Services Supervisor, and Assistant Animal Services Officer serve on an on call basis on a weekly basis and shall be compensated $200 per week for weeks they serve on call. 4.6 Call Out Pay: A. The employees called out shall be paid at the rate of one and one half (1'/2) times the straight time rate of pay for time worked on emergency calls before 12:00 a.m.. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time. B. The first call -out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 4.6 (A) of this Agreement. Subsequent calls on the same calendar day will be paid for actual time rol MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT worked at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement. C. All subsequent hours worked on a call -out shall be paid at the appropriate overtime rate per Article 4.6(A) of this Agreement. D. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work to be performed, will be paid one (1) hour at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement. Calls lasting longer than ten (10) minutes, text messages and/or emails that require substantive work will receive the standard three (3) hour minimum at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement and any additional hours worked as defined in Article 4.6(C) of this Agreement. ARTICLE V — MEALS 5.1 The City and AFSCME mutually agree to engage in further discussion to incorporate clarifying language for Article V — Meals. 5.2 If the City requires an employee to perform work for one and one-half (1-1/2) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide a meal allowance at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them, not to exceed one hour, shall be at the City's expense. 5.3 When the City requires employees to work on non -workdays without notice, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at four (4) hour intervals thereafter. 5.4 When an employee is required to perform prearranged work on non -work days during regular work hours, he/she shall observe the lunch arrangement which prevails on his/her work days. If such work continues after regular work hours, the City shall provide the employee with meal allowances in accordance with the provisions of Section 5.1 hereof. 5.5 If the City requires an employee to perform prearranged work starting two (2) hours or more before regular work hours on workdays or non -workdays, and such employee continues to work into regular work hours, the employee shall be provided one (1) meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meals provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail. 7 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT ARTICLE VI - TEMPORARY UPGRADE 6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a 10% wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded. ARTICLE VII - TOOLS AND UNIFORM ALLOWANCE 7.1 The City agrees to provide all necessary uniforms and safety equipment for the following classifications in the General Services Unit and provide a uniform care and cleaning allowance of $600 per year. The uniform allowance shall be paid bi- weekly. • Administrative Clerk - Community Improvement • Animal Services Supervisor • Assistant Animal Services Officer • Code Enforcement Officer • Field Services Representative • Field Services Supervisor • Parking Enforcement Assistant • Police Records Clerk • Police Records Clerk Supervisor • Senior Police Records Clerk • Supervising Code/Community Improvement Officer A. The Field Services Representative and the Field Services Supervisor shall be provided with uniforms that meet the requirements for flame retardant clothing. Uniforms provided by the City shall include a jacket, pants, and shirts, and appropriate rain gear. Jackets shall be replaced as needed. B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision that appears to grant the listed classifications both a city provided uniform and a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in the event the City and IBEW propose a quartermaster uniform system that incorporates the Field Services classifications. 7.2 The City and AFSCME mutually agree that the City shall purchase appropriate foul -weather coats and boots as deemed necessary for field personnel. 7.3 The City agrees to provide prescription safety glasses up to a maximum cost of $500$2-554 per pair as required. A maximum of two (2) pair of prescription safety glasses will be provided by the City during employment except as indicated in 7.5 and 7.6 below. 7.4 All pr-eser-iptien safiat-y glasses shall be ptffehased or- sefvieed within the City e Lodi. Employeessshaltee-their- ehmse-of any loeal eptame4ist. The employee MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT shall pay directly to the optometrist any fees for prescription examination or related charges if needed. The employee shall submit receipts for prescription safety frames and lenses to the City of Lodi for reimbursement. 7.5 Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows: 1. If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City. 2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement. 3. If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary. 4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 7.6 The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employees payroll check after a determination of cost has been made by the City. 1. Where the City would be required to replace issued safety glasses due to abuse by the employee. 2. Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing. 3. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service. 7.7 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City. 7.8 When an employee's personal clothing is damaged in the line of duty, the employee may request to have the item replaced or repaired at the City's expense. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. The City shall have the sole discretion to approve or deny the request, and its denial shall not be grievable. X MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020 - 20222-018 2O W C. Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employees claim. d. Items replaced shall be of similar, or the same value as the item being replaced. The City may require the employee to forfeit the damaged item to the City for inspection. e. All requests for reimbursement shall be accompanied by receipts. 7.9 Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing glasses. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. Glasses replaced shall be of an equal or similar value to the glasses that were damaged. C. Any insurance benefit paid to the employee or paid by the insurance provider toward the replacement/repair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider. Example: Cost of Eyewear/Repair $150 Insurance Pays $100 Reimbursed to employee $ 50 d. All requests for reimbursement shall be accompanied by receipts. ARTICLE VIII — SAFETY BOOT/FOOTWEAR PROVISIONS 8.1 The City agrees to provide an annual boot allowance of $250, paid semi-annually as part of the last biweekly payroll in the months of April and October of each year, for the following classifications: Building Inspector I/II Code Enforcement Officer I/II Engineering Technician I/II Jr. Engineer Public Works Inspector I/II Sr. Engineering Technician (1) (who do inspection/survey work) Supervising Code/Community Improvement Officer Records Clerk Senior Police Administrative Clerk (if assigned to Records division) Police Records Supervisor Animal Services Supervisor Assistant Animal Services Officer 10 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT Parking Enforcement Assistant 8.2 Safety boots are defined as leather work boots with a minimum of 4" ankle support. Employees have the option of purchasing these boots with or without steel toes. 8.3 Employees who are assigned to a Lodi Police Department job site, or are supervised by Lodi Police Department personnel, and who are required to wear a uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi Police Department Policy and Procedure Section 2 10. 1 C mandate. This includes appropriate foot wear for Class B and Class A uniforms. 8.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 8.5 Employees who are required to wear specific boots or shoes per any City of Lodi Policy and Procedures mandate, must wear the appropriate footwear when performing the duties/tasks of the assigned classification. 8.6 Employees performing duties/tasks without the prescribed appropriate footwear may be required to vacate the job site until such time as they can return wearing the required footwear for the classification/duties/tasks. Time spent away from the job site for this purpose shall not be paid City of Lodi time. 8.7 Safety footwear for Field Services Representatives and the Field Services Supervisor shall be provided by the Electric Utility Department and shall meet the Electrical Hazard (EH) rating. 8.8 The City will provide all mandated Personal Protective Equipment (PPE) as required, including appropriate rubber glove and leather protectors for Field Services Representatives and the Field Services Supervisor. ARTICLE IX — EDUCATION INCENTIVES 9.1 Employees in sub -professional engineering positions having the following certificates will receive an additional $23.08 per pay period: Engineer in Training Land Surveyor in Training Land Surveyor 9.2 Employees in the classification of Public Works Inspector I and Public Works Inspector Il are eligible for the following incentives: 2% of base salary for possession of a Distribution 1 (D1) certificate $60.00 per month for possession of a Distribution 2 (D2) certificate $40.00 per month for possession of a Treatment 1 (T1) certificate $40.00 per month for possession of a Collection 1 (C1) certificate 11 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT ARTICLE X — NOTARY PUBLIC INCENTIVE 10.1 Employees who possess a Notary Public certification and use the Notary Public service as a part of their employment duties with the City will receive a monthly incentive of $40.00. The City will provide Errors and Omissions insurance for employees who perform notary duties as part of their employment. ARTICLE XI — BILINGUAL PAY 11.1 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly. The City Manager has the discretion in determining the languages that will be recognized. ARTICLE XII — TUITION REIMBURSEMENT 12.1 Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU. ARTICLE XIII — COURT APPEARANCES 13.1 Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave. 13.2 If jury duty attendance is less than one-half (%2) of a normal working day, the employee is expected to return to work. 13.3 Employees assigned to shift work shall not be scheduled for regular work during the 12 hours preceding the scheduled time for jury duty. 13.4 If an employee has had jury duty of six (6) hours or more during a sixteen (16) hour period immediately preceding the beginning of or following the end of his/her regular work hours on a work day, he/she will be given a rest period of six (6) consecutive hours. 13.5 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half time (1'/2) his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employees, the Department Head designee must be notified in writing of the off duty appearance within seventy-two (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance. ARTICLE XIV — MILEAGE COMPENSATION 12 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 14.1 Employees using their personal automobile for City business, with their Department Head's approval, shall receive mileage compensation equal to that allowed by the Internal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies. 14.2 Allowance changes shall be effective the first day of the month following the determination of a change by the IRS. Chapter 2 - Leaves ARTICLE XV — CATASTROPHIC LEAVE 15.1 Catastrophic Leave will be provided as stated in the City's current policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability. 15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability. ARTICLE XVI — BEREAVEMENT LEAVE 16.1 Employees shall be granted three (3) days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's: Spouse/domestic partner Parent/step-parent/foster parent Parent -in-law Child/step-child Son or Daughter -in -Law Grandparent Grandparent -in-law Brother/half-brother/step-brother Grandchild Sister/half-sister/step-sister or a more distant relative who was a member of the employee's immediate household at the time of death. 16.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days for classifications in the General Services Unit. ARTICLE XVII — HOLIDAYS 17.1 Members of this Unit shall observe the following nationally observed holidays: New Year's Day January 1 Martin Luther King, Jr. Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May 13 MOU - CITY OF LODI AND AFSCME Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve (4 hours) Christmas Day GENERAL SERVICES UNIT July 4 1" Monday in September 4th Thursday in November Friday following Thanksgiving Day December 24 December 25 Employees receive holiday pay if/when they work on the above City -recognized national holiday. In addition, each employee shall be granted an additional thirty-six (36) hours of holiday leave (floating holiday) to be taken off at a time mutually agreed upon between the employee and the Department Head. Holiday leave cannot be carried over into the following calendar year. Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed holidays and the prorated share of floating holidays for the remainder of the calendar year. 17.2 Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day. 17.3 Bargaining unit members will be granted a day off on the Saturday and Sunday preceding any holiday observed by the City and the Library on a Monday. Bargaining unit members will also be granted a day off on the Saturday and Sunday following the observance of a Saturday holiday on the preceding Friday by the City and the Library. Bargaining unit members will also be granted a day off on Easter Sunday. 17.4 Holiday time may be taken in quarter hour increments. ARTICLE XVIII — LEAVE OF ABSENCE 18.1 Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU. ARTICLE XIX — SICK LEAVE 19.1 Effective December 8, 2003, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 19.2 Sick leave may be accumulated up to an unlimited amount. 19.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010. 14 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT ARTICLE XX — VACATION LEAVE 20.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12th year 5.24 hours per pay period 15thyear 6.16 hours per pay period 21St year 6.47 hours per pay period 22nd year 6.78 hours per pay period 23rd year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year & over 7.71 hours per pay period 20.2 If a conflict arises in the scheduling of vacations for employees in the same classification, the conflict shall be resolved in favor of the employee with the greatest seniority. The senior employee shall receive first choice in any scheduling period. 20.3 For all persons hired after September 1, 1995 the maximum vacation accrual will be 6.16 hours per pay period. 20.4 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount. Chapter 3 — Insurance and Retirement ARTICLE XXI —MEDICAL INSURANCE 21.1 All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. Effective January 1, 2018, the City will contribute the following amounts toward the medical premium: $1,794.51 per month for family $1,380.39 per month for employee +1 dependent $690.20 per month for employee only The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected. 21.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu): 15 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for employee only In order to qualify for this provision, proof of group insurance must be provided to the City. 21.3 Effective January 1, 2020 and through December 31, 2022 9, the maximum amount the City will pay towards medical premiums will be increased by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $43X088$47,000. Percentage increases shall be based upon the amounts paid by City ($690.20 for Employee only, $1,380.39 for Employee +1, $1,794.51 for Family). 21.4 Employees shall be eligible for medical insurance the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi. 21.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benefits for the unmarried surviving spouse and any minor children of any member of this unit who is killed or dies during the performance of official duties. This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available. ARTICLE XXII — DENTAL INSURANCE 22.1 Employees are provided fully paid family dental insurance. 22.2 Maximum benefits are $1,000 for each family member enrolled in the dental plan, per calendar year. There is a $25 deductible plus co-insurance features. ARTICLE XXIII — VISION INSURANCE 23.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a $25 deductible for the employee and dependents. The entire premium shall be paid by the City. ARTICLE XXIV — CHIROPRACTIC 24.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXV — LIFE INSURANCE 25.1 AThe Citeses agrees to provide a life insurance program providing $25,000 term life insurance which includes a $25,000 Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 21 years, unmarried student 16 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT dependent children to 23rd birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150 life insurance. The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the General Services Unit. ARTICLE XXVI — LONG TERM DISABILITY 26.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability. This program commences sixty (60) days from the date of disability. Please refer to the City's Policy on Long Term Disability. 26.2 The maximum length of coverage is three (3) years from date of disability. ARTICLE XXVII — WORKERS' COMPENSATION 27.1 The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employees upon receiving said benefits such paid by Workers' Compensation shall also receive compensation from the City in an amount that when added to the Workers' Compensation payment shall equal the employees regular salary. The amount paid by the City shall, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City. ARTICLE XXVIII — FLEXIBLE SPENDING ACCOUNT 28.1 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 will be forfeited after the final filing date, if left unclaimed. ARTICLE XXIX — DEFERRED COMPENSATION 29.1 The City shall match contributions by General Service employees to a deferred compensation program up to a maximum of 3.0% of the employee's gross salary. ARTICLE XXX — PERS 30.1 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "classic" employees by PERS: 17 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020 - 2O222018 2 W a. PERS "2% at 55" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit (Section 21298). C. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4). d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and 21263.3). e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). £ Military Service Credit as Public Service (Section 21024). g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. i. Employee shall pay employee share of retirement at 7% effective December 31, 2013. 30.2 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "new" employees by PERS under the Public Employees' Pension Reform Act of 2013 (PEPRA): a. PERS "2% at 62" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. C. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. f. Military Service Credit as Public Service. g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. i. Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation. 30.3 Effective as soon as admi istr-.ative .. ,, sibleMay 20, 2019, in accordance with California Government Code §20516 contract amendment process requirements, each employee in this unit shall pay two percent (2%) towards the employer's share of Ca1PERS normal pension cost (cost-sharing n exehange, the City shall 0 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT paAies i}egetiate-the elifnination of the two per-cen1(21%) E6s-sharing by the employee, the eo - _ ;alar -y adjustment by the City shall also eease and >,o,.ome fmil and void. -Effective July 13, 2020, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective January 11, 2021, each employee in this unit shall pay an additional one percent 0%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective January 10, 2022, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CalPERS normal pension cost (cost-sharing). ARTICLE XXXI - SICK LEAVE CONVERSION 31.1 For all unused sick leave, a represented employee with ten (10) years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) using one of the following options: Option #1- Conversion After ten (10) years of employment with the City, 50% of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten (10) years, the employee shall be entitled to add 2.5% to the 50% before converting the unused sick leave to months of insurance. EXAMPLE Robert Smith retires with 20 years of service and 1800 hours of unused sick leave. 1800 - 8 x 75% - 12 = 14.06 years of coverage The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXI. Any differences created by an increase in premiums must be paid for by the employee. In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died. Option #2 -Bank 50% of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years, 2.5% will be added to the 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00. EXAMPLE Robert Smith retires with 20 years of service and 1800 hours of unused sick leave (multiplication factor - $20.00). 1800 x 75% x 20.00 = $27,000.00 19 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance in gone. In the event the retiree dies, the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone. 31.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving spouse will have an interest in one-half the value of the Bank option as calculated in section 30.1. 31.3 Employees selecting option #1 or #2, who retire on a service retirement shall have the option of purchasing at the employee's cost additional medical insurance sufficient to reach age 65. 31.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 30.1 of this Article. Option #3 — PERS Credit 31.5 Per the California Government Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of determining days creditable. 31.6 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums as referenced in options 1-2. The only option available to these employees is Option #3, PERS credit. 31.7 Option #3 is available to all represented employees meeting PERS eligibility requirements. 31.8 If an employee opts to utilize the provisions of Option #1 or Option #2, the City will report to PERS they have zero hours of unused sick leave. Chapter 4 — Union / City Issues ARTICLE XXXII — UNION LEAVE 32.1 Whenever any employee is absent from work as a result of a formal request by AFSCME to send an employee to be involved in Association business, the City shall pay for all regular time lost and shall be reimbursed therefore by AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate. 32.2 The City agrees to provide storage space to AFSCME for association materials. ARTICLE XXXIII — LAYOFF 33.1 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. 20 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT ARTICLE XXXIV — CHANGES IN MEMORANDUM 34.1 The parties agree to reopen this MOU and to renew meeting and conferring on the subjects set forth herein during the term of this MOU only in the event that any provision of this MOU is modified by statute, applicable regulation or by order of Court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU would continue in full force and effect unless and until they are also modified by statute, applicable regulation or order of Court, or agreement of the parties. ARTICLE XXXV — CITY RIGHTS 35.1 It is understood and agreed between the parties that nothing contained in this Memorandum shall be construed to waive or reduce any rights of the City, which include, but are not limited to the exclusive rights to: ■ Determine the mission of its constituent departments, commissions and boards. • Set standards of service. • Determine the procedures and standards of selection for employment. • Direct its employees. • Maintain the efficiency of governmental operations; to determine the methods, means and personnel by which government operations are to be conducted. • Take all necessary actions to carry out its mission in emergencies. • Exercise complete control and discretion in the technology of performing its work. City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employees organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. ARTICLE XXXVI — EMPLOYEE REPRESENTATION 36.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered into between representatives of the City of Lodi (hereinafter referred to as City) and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (AFSCME) for the General Services Unit. The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. Except as specifically modified by this MOU, all 21 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment. The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A. 36.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51 AFSCME shall indemnify, defend, and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check -off of said employee organization's dues. In addition, AFSCME shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence. 36.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF Union Membership — All employees covered by this Agreement shall have the opportunity to be a member of AFSCME.—eetie���ennenr beeeme and remain members of the T NION within 30 days of employment in a eever-ed job elass'f "anon. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement and the ry ent to i.o,.,,me and maintain member -ship in the UNTO A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting. in the event an employee eover-ed by this Agfeement fails to apply for-, or- niaint-ain their -member -ship- in the T rh ION, or- einstate themselves into member -ship in good standing, the UNION may give the CITY wr-44en nefiee of the aet and request that the empleyee be suspended or- test n employment. in sueh event, the CITY shall suspend or- tefminate the employment of said employee, as requested, within 15 business days of r-eeeipt of the • Fair- Chafe r1, ng4ie- Anyemployee who is a ?moo,- of ., L.,,n fide religion,1.ody, shall,s"poffing publie employee or-ganiza4iens shall not be required to join or- finaneially suppeA the UNION. Sueh employee in liett of Ageney Shop Fees, pay sunis equal from taxation tmder- Seetion 501 e (3) of the intemal Revenue Code, whieh has been seleeted by the UNION from the leeal United Way. Payments shall be made by payr-ell the appheation for- this provision, by employees, shall be subjeet to ar-bitr-a4ien Membership status shall remain in effect per the terms set forth in the AFSCME Membership Application. Only AFSCME members are afforded exclusive UNION membership rights. for- the atir-a4 ^r of this Agreement o pt that 22 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT i V. •. �. •. &• . i 74,777 The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY. Payroll deductions shall be limited to the following choices: • Union Membership Dues 0 Ageney Shop Foos • AFSCME Voluntary Political Action Check Off (PEOPLE) Fair Share donations are limited to employees with religious objeetiekns-. The Union will comply with its legal obligation regarding the administration of this section. Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article. 36.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate Department Dead or designee and shall include the date, location, time and general purpose of such meeting. The City may establish reasonable regulations governing the use of such facilities. 36.5 No City employee or applicant for employment shall be discriminated against any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability. 23 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020 - 20222018 20W 36.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XXXVII — GRIEVANCE PROCEDURE 37.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarifications executed by AFSCME and the City. The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application or enforcement of the express terms of the MOU and other terms and conditions of employment and matter of discipline which includes demotion, suspension or discharge. As used in procedure, the term "PARTY" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the procedure. 37.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: a. Interpretation or application of any of the terms of this MOU, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City. b. Discharge, demotion, suspension, or discipline of an individual employee. Emplovees shall have the right to grieve letters of reprimand through the chain of command up to the Department Director or designee. The decision of the Department Director or designee is final and binding and not subiect to further grievance. c. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa. 24 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 37.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the Grievant became aware of the incident which is the basis of the Grievance. 37.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days of the date the department head receives the written statement. 37.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall be the presentation of the Grievance, in writing, by the employee or his or her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in STEP TWO. 37.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and AFSCME shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guide lines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. C. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. 25 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020 - 20222018 2O W d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing will be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing. The decision will be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to 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. 37.7 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual 26 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT agreement. Grievances settled by forfeiture shall not bind either parry to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 37.8 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 37.9 Only AFSCME may appeal a grievance to arbitration. ARTICLE XXXVIII — MUTUAL CONSENT CONTINGENCY 38.1 This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU. ARTICLE XXXIX — NO STRIKES 39.1 The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick -ins" or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU. ARTICLE XL — PROBATIONARY PERIOD 40.1 All appointments to positions in the classified service shall be subject to a probationary period of twelve (12) continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his/her new duties, assignments and responsibilities in his/her new position and for rejecting any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he/she has not satisfactorily completed probation. 40.2 During the probationary period, all new hires shall have the rights and privileges afforded to other employees, except: a. Vacation Leave — See Article XX for vacation schedule. b. The use of the Grievance Procedure to grieve termination. C. The City and the employee may mutually agree to extend the probationary period for- not more than six (6) m^„*' sin increments up to six 6 months. The total extended probationary period shall not exceed twelve (12) months.. AFSCME shallmust be notified of all extensions by Human Resources. 40.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position from which he/she 27 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT was promoted unless he/she is disehafged. The seniority and status of a rejected candidate shall continue as before. ARTICLE XLI — PROMOTION 41.1 The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within consistent with the best interests of the City. ARTICLE XLII - SENIORITY 42.1 Seniority is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is: a. Inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights. b. On duty with the National Guard. C. Is absent due to industrial disability. d. On leave of absence. e. Absent due to layoff for a period of less than twelve (12) consecutive months. ARTICLE XLIII — SHOP STEWARDS 43.1 AFSCME agrees to notify the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classifications and shall not interrupt the work of other employees. A steward may, with reasonable notice and approval of his or her supervisor, leave the job during working hours for reasonable periods to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his presence is necessary in the judgment of his/her supervisor for the safe conduct and efficiency of the operations in which he/she is engaged. ARTICLE XLIV — STATUS 44.1 Employees shall be designated as regular; or probationary_, , depending iipen the piir-pese for- w-hieh they are hired and their- length o „t;,,, ous sefviee with the City, a. A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration, Article X (Probationary Period). b. A probationary employee is defined as an employee hired for a full time position that has been regularly established as an authorized position and MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he/she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve (12) month of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee. ARTICLE XLV — TERM 45.1 The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and AFSCME. The parties agree as follows: TERM: Covering the period from January 1, 20205 through December 31, 20229. 29 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT EXHIBIT A Salary Schedule — General Services Effective February 20, 2020",vennber192018 30 Annual Salary Job Title Job Code Step 0 Step 1 Step 2 Step 3 Step 4 ACCOUNT CLERK 2000 $ 39,037.47 $ 40,989.29 $ 43,038.74 $ 45,190.69 $ 47,450.32 ADMI NISTRATIVE ASSISTANT 2702 $ 47,022.56 $ 49,373.76 $ 51,842.46 $ 54,434.56 $ 57,156.26 ADMINISTRATIVE CLERK 2700 $ 35,350.74 $ 37,118.30 $ 38,974.26 $ 40,922.92 $ 42,969.07 ANI MAL SERVICES SUPERVISOR j 2021 $ 45,876.69 $ 48,170.61 $ 50,579.11 $ 53,108.01 $ 55,763.45 AQUATIC COORDI NATOR 2_603 $ 46,565.86 $ 48,894.21 $ 51,338.93 $ 53,905.85 $ 56,601.08 ASSISTANT ANI MAL SERVICES r 2020 $ 39,893.84 $ 41,888.49 $ 43,982.99 $ 46,182.15 $ 48,491.24 BUILDING INSPECTOR I 1 2072 $ 54,295.72 $ 56,876.94 $ 59,720.80 $ 62,706.93 $ 65,842.20 BUILDING INSPECTOR II r 2073 $ 59,585.42 $ 62,564.65 $ 65,692.90 $ 68,977.62 $ 72,426.48 CODE ENFORCEMENT OFFICER 2022 $ 56,748.03 $ 59,585.42 $ 62,564.65 $ 65,692.90 $ 68,977.62 CUSTOMER SERVICE REP II 2011 $ 35,488.75 $ 37,263.18 $ 39,126.30 $ 41,082.53 $ 43,136.68 CUSTOMER SERVICE REP 11 2012 $ 39,037.47 $ 40,989.29 $ 43,038.74 $ 45,190.69 $ 47,450.32 ENGINEERING AID 2199 $ 42,969.75 $ 45,118.24 $ 47,374.16 $ 49,742.85 $ 52,230.02 ENGINEERING TECHNICIAN 2200 $ 54,683.42 $ 57,417.51 $ 60,288.36 $ 63,302.85 $ 66,468.00 ENGINEERING TECHNICIAN II 2201 $ 60,151.74 $ 63,159.20 $ 66,317.21 $ 69,633.04 $ 73,114.69 EVENTS COORDINATOR r 2605 $ 55,669.80 $ 58,453.20 $ 61,375.82 $ 64,444.72 $ 67,667.04 FIELD SVC REP 2050 $ 48,260.54 $ 50,673.60 $ 53,207.30 $ 55,867.70 $ 58,661.01 FIELD SVC SUP 2051 $ 55,553.84 $ 58,331.57 $ 61,248.15 $ 64,310.43 $ 67,525.99 FINANCE TECHNICIAN 2014 $ 47,235.33 $ 49,597.15 $ 52,077.00 $ 54,680.94 $ 57,414.89 INFORMATION SYSTEMS SPECIALIST 2400 $ 53,648.70 $ 56,331.28 $ 59,151.45 $ 62,105.06 $ 65,210.32 JUNIOR ENGINEER 2203 $ 71,460.17 $ 75,033.22 $ 78,784.79 $ 82,724.05 $ 86,860.25 JUNIOR PLANNER 2208 $ 53,997.84 $ 56,697.64 $ 59,532.53 $ 62,509.16 $ 65,634.65 JUNIOR PLANS EXAMINER/ENGINEER 2071 $ 59,585.42 $ 62,564.65 $ 65,692.90 $ 68,977.62 $ 72,426.48 UBRARYASST 2500 $ 37,118.42 $ 38,974.26 $ 40,923.05 $ 42,969.20 $ 45,117.54 U BRARY TECHNI CIAN 2510 $ 46,954.61 $ 49,302.32 $ 51,767.47 $ 54,355.85 $ 57,073.61 NETWORK TECHNICIAN 2_401 $ 64,337.70 $ 67,554.65 $ 70,932.32 $ 74,478.98 $ 78,203.02 PARKING ENFORCEMENT ASSISTANT 2_027 $ 40,201.10 $ 42,211.18 $ 44,321.78 $ 46,537.90 $ 48,864.73 PARKS PROJECT COORDINATOR 2600 $ 66,166.82 $ 69,475.20 $ 72,948.88 $ 76,596.35 $ 80,426.16 PAYROLL TECHNICIAN I 2016 $ 47,235.33 $ 49,597.15 $ 52,077.00 $ 54,680.94 $ 57,414.89 PERMIT TECHNICIAN070 $ 44,658.93 $ 46,892.41 $ 49,237.00 $ 51,698.94 $ 54,283.88 POLICE RECORDS CLERK 2024 $ 35,087.98 $ 36,842.30 $ 38,684.49 $ 40,618.67 $ 42,649.69 POLICE RECORDS CLERK II r 2023 $ 38,596.90 $ 40,526.67 $ 42,553.00 _ $ 44,680.68 $ 46,914.70 POLICE RECORDS CLERK SUPERVISOR 2026 $ 44,379.63 $ 46,598.64 $ 48,928.51 $ 51,374.88 $ 53,943.71 PROGRAM COORDINATOR 2602 $ 41,307.71 $ 43,373.00 $ 45,541.61 $ 47,818.72 $ 50,209.74 PROGRAM/ANALYST 2405 $ 62,150.31 $ 65,168.52 $ 68,426.95 $ 71,848.29 $ 75,440.70 PUBLIC WORKS INSPECTOR I 2204 $ 54,168.61 $ 56,876.94 $ 59,720.80 $ 62,706.93 $ 65,842.20 PUBLIC WORKS INSPECTOR II 2205 $ 59,585.42 $ 62,564.65 $ 65,692.90 $ 68,977.62 $ 72,426.48 SENIOR ADMINISTRATIVE CLERK 2701 $ 38,885.84 $ 40,830.09 $ 42,871.69 $ 45,015.23 $ 47,266.04 SENIOR ENGINEERING TECHNICIAN 2202 $ 66,166.82 $ 69,475.20 $ 72,948.88 $ 76,596.35 $ 80,426.16 SENIOR LIBRARY ASSISTANT 2505 $ 40,830.09 $ 42,871.69 $ 45,015.23 $ 47,266.04 $ 49,629.24 SENIOR PAYROLL TECHNICIAN r 2017 $ 51,958.87 $ 54,556.87 $ 57,284.70 $ 60,149.04 $ 63,156.39 SR POLICE ADMINISTRATIVE CLERK 2025 $ 41,162.55 $ 43,220.82 $ 45,381.71 $ 47,650.71 $ 50,033.33 SUPERVISING CUSTOMER SERV. REP 2013 $ 47,235.33 $ 49,597.15 $ 52,077.00 $ 54,680.94 $ 57,414.89 UTILITY BILLING SPECIALIST 2015 $ 42,941.24 $ 45,088.31 $ 47,342.72 $ 49,709.86 $ 52,195.34 WATER SERVICES TECHNICIAN $ 64,239.65 $ 67,451.63 $ 70,824.21 $ 74,365.36 $ _78,083.61 WATER SERVICES TECHNICIAN II 12206 2207 $ 70,663.50 $ 74,196.65 $ 77,906.50 $ 81,801.89 $ 85,892.01 WATERSHED PROGRAM COORDINATOR ' 2209 YOUTH OUTREACH WORKER 2028 $ 41,307.71 $ 45,118.24 $ 43,373.00 $ 47,839.66 $ $ 45,541.61 50,704.31 $ 47,818.72 $ 53,736.02 $ 50,209.74 $ 57,507.86 30 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT •2020 - 202220'�z01-° CertiF—a - ReE Jiren,-Tts and I —ti. 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COUNCIL 57 LOCAL 146 -AFL-CIO Jeremiah Miller, Chief Negotiator Date: Shawn Tallerico, Chapter President Date: Terri Lovell, Executive Vice President Date: Rodney Plamondon, Vice President Date: George Agnew, Treasurer Date: Kari Chadwick, Secretary Date: Thomas Gabriel, M&O Representative Date: Joseph Martinez, M&O Representative Date: Tosha Wiman, GS Representative Date: Rene Garcia, GS Representative Date: GENERAL SERVICES UNIT 2020 - 202220'�z01-° CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer, City Manager Date: Andrew Keys, Deputy City Manager Date: Adele Post, HR Manager Date: Approved As To Form: Janice D. Magdich, City Attorney Attest: Pamela M. Farris, Assistant City Clerk 33 RESOLUTION NO. 2020-46 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE AFSCME — GENERAL SERVICES UNIT FOR THE PERIOD JANUARY 1, 2020 THROUGH DECEMBER 31, 2022 WHEREAS, representatives from the City and the AFSCME — General Services Unit have bargained in good faith and reached a tentative agreement on a successor MOU; and WHEREAS, it is recommended that that the City Council approve revisions to the Memorandum of Understanding with AFSCME — General Services Unit to include the following: • Term: January 1, 2020 to December 31, 2022; • Additional certification incentives for Public Works Inspectors; • Increase to reimbursement for prescription safety glasses to $500; • Five percent (5%) salary adjustment, effective February 10, 2020; a five percent (5%) salary adjustment effective the first full pay period in January 2021; and, a five percent (5%) salary adjustment effective the first full pay period in January 2021; • Medical premiums will be increased by the lower of three percent (3%) or the actual cost increase for employees whose annual base salary is $47,000; • Each employee in the bargaining unit agree to additional cost-sharing of the employer's normal contribution toward CalPERS, pursuant to Government Code Section 20516 as follows: o One percent (1 %), effective the first full pay period in July 2020, o One percent (1%), effective the first full pay period in January 2021, and o One percent (1 %), effective the first full pay period in January 2022 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME — General Services, effective January 1, 2020 through December 31, 2022. Date: March 4, 2020 I hereby certify that Resolution No. 2020-46 was passed and adopted by the City Council of the City of Lodi in a regular/special joint meeting held on March 4, 2020 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ,QW,4, Vn - Ja,_� PAMELA M. FARRIS Assistant City Clerk 2020-46 MEMORANDUM OF UNDERSTANDING CITY OF LODI :►c A.F.S.C.M.E. COUNCIL 57 LOCAL 146 -AFL-CIO GENERAL SERVICES UNIT January 1, 2020 — December 31, 2022 MOU - CITY OF LODI AND AFSCME TABLE OF CONTENTS GENERAL SERVICES UNIT CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV CHAPTER 2 — LEAVES Salary Hours Compensatory Time Overtime Meals Temporary Upgrade Tools and Uniform Allowance Safety/Safety Boot Provisions Education Incentives Notary Public Incentive Bilingual Pay Tuition Reimbursement Court Appearances Mileage Compensation 2020-2022 Page # 4 4 4 5 6 7 7 10 11 11 11 11 11 12 Article XV Catastrophic Leave 12 Article XVI Bereavement Leave 12 Article XVII Holidays 13 Article XVIII Leave of Absence 14 Article XIX Sick Leave 14 Article XX Vacation Leave 14 CHAPTER 3 — INSURANCE AND RETIREMENT Article XXI Medical Insurance 15 Article XXII Dental Insurance 16 Article XXIII Vision Insurance 16 Article XXIV Chiropractic 16 Article XXV Life Insurance 16 Article XXVI Long Term Disability 16 Article XXVII Workers' Compensation 17 Article XXVII I Flexible Spending Account 17 Article XXIX Deferred Compensation 17 Article XXX PERS 17 Article XXXI Sick Leave Conversion 18 CHAPTER 4 — UNION 1 CITY ISSUES Article XXXII Union Leave 20 Article XXXII I Layoff 20 Article XXXIV Changes in Memorandum 20 2 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 Article XXXV City Rights 20 Article XXXVI Employee Representation 21 Article XXXV II Grievance Procedure 23 Article XXXVIII Mutual Consent Contingency 26 Article XXXIX No Strikes 26 Article XL Probationary Period 26 Article XLI Promotion 26 Article XLII Seniority 27 Article XLIII Shop Stewards 27 Article XLIV Status 27 Article XLV Term 28 Exhibit A — Salary Schedule effective February 10, 2020 Exhibit B — Certification Requirements and Incentive Chart 3 29 30 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 Chapter 1 - Salaries and Other Compensation ARTICLE I — SALARY 1.1 Effective February 10, 2020, the City shall increase the salary ranges by five percent (5%). Effective with the first full pay period in January 2021 and January 2022, the City shall increase the salary ranges by five percent (5%). 1.3 For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland ARTICLE II — HOURS 2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the Supervisor. a. Employees of the Library may work a schedule which includes split days off. The hours of work shall vary according to a pre -posted work schedule. b. Parking Enforcement Assistants and Animal Control personnel shall work a schedule which may provide at least one person to work each Saturday. C. Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor. 2.2 Work schedules presently in effect shall remain in effect. Any change in work hours or workdays shall be a meet and confer item. ARTICLE III — COMPENSATORY TIME 3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate for overtime worked. 3. 1.1 The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable. 3.2 No more than two hundred (200) hours of compensatory time may be carried on the books at any time. 0 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 3.4 Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 3.5 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance. ARTICLE IV — OVERTIME 4.1 Overtime work paid at the time and one half rate, is work performed by an employee outside his or her regular work hours, and includes: a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Section 2.1 and 2.2. b. Time worked on a non -work day. Time worked on a holiday will be paid at time and one-half rate (1'/2). Hours worked on a holiday, as part of an employee's regular work schedule shall be compensated as above, plus regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU. Overtime work paid at the double time rate is work performed in excess of twelve (12) hours, between 12:00 a.m. and 12:00 a.m. on any given day, or for any hours between the hours of 12:00 a.m. and 6:00 a.m. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes, text messages and/or emails that require substantive work would receive the standard three (3) hour callback at the appropriate overtime rate. 4.2 Employees who are required to report for prearranged work on their non -work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours. 4.3 Rest Period If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours, on a work day, he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours. 4.4 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: a. On work days outside of regular work hours, shall be paid overtime compensation for actual worked time in connection therewith, provided 6 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 however, that if any such employee continues to work into regular work hours, shall be paid overtime compensation only for actual work time up to regular work hours. b. On non -work days or on holidays, shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of preceding work period on a work day. 4.5 The Animal Services Supervisor, and Assistant Animal Services Officer serve on an on call basis on a weekly basis and shall be compensated $200 per week for weeks they serve on call. 4.6 Call Out Pay: A. The employees called out shall be paid at the rate of one and one half (1 %2) times the straight time rate of pay for time worked on emergency calls before 12:00 a.m.. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time. B. The first call -out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 4.6 (A) of this Agreement. Subsequent calls on the same calendar day will be paid for actual time worked at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement. C. All subsequent hours worked on a call -out shall be paid at the appropriate overtime rate per Article 4.6(A) of this Agreement. D. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work to be performed, will be paid one (1) hour at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement. Calls lasting longer than ten (10) minutes, text messages and/or emails that require substantive work will receive the standard three (3) hour minimum at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement and any additional hours worked as defined in Article 4.6(C) of this Agreement. ARTICLE V — MEALS 5.1 The City and AFSCME mutually agree to engage in further discussion to incorporate clarifying language for Article V — Meals. 5.2 If the City requires an employee to perform work for one and one-half (1-1/2) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide C MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide a meal allowance at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them, not to exceed one hour, shall be at the City's expense. 5.3 When the City requires employees to work on non -workdays without notice, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at four (4) hour intervals thereafter. 5.4 When an employee is required to perform prearranged work on non -work days during regular work hours, he/she shall observe the lunch arrangement which prevails on his/her work days. If such work continues after regular work hours, the City shall provide the employee with meal allowances in accordance with the provisions of Section 5.1 hereof. 5.5 If the City requires an employee to perform prearranged work starting two (2) hours or more before regular work hours on workdays or non -workdays, and such employee continues to work into regular work hours, the employee shall be provided one (1) meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meals provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail. ARTICLE VI — TEMPORARY UPGRADE 6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a 10% wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded. ARTICLE VII — TOOLS AND UNIFORM ALLOWANCE 7.1 The City agrees to provide all necessary uniforms and safety equipment for the following classifications in the General Services Unit and provide a uniform care and cleaning allowance of $600 per year. The uniform allowance shall be paid bi- weekly. • Administrative Clerk — Community Improvement • Animal Services Supervisor • Assistant Animal Services Officer • Code Enforcement Officer ■ Field Services Representative • Field Services Supervisor • Parking Enforcement Assistant 7 MOU - CITY OF LODI AND AFSCME ■ Police Records Clerk • Police Records Clerk Supervisor • Senior Police Records Clerk • Supervising Code/Community Improvement Officer GENERAL SERVICES UNIT 2020-2022 A. The Field Services Representative and the Field Services Supervisor shall be provided with uniforms that meet the requirements for flame retardant clothing. Uniforms provided by the City shall include a jacket, pants, and shirts, and appropriate rain gear. Jackets shall be replaced as needed. B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision that appears to grant the listed classifications both a city provided uniform and a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in the event the City and IBEW propose a quartermaster uniform system that incorporates the Field Services classifications. 7.2 The City and AFSCME mutually agree that the City shall purchase appropriate foul -weather coats and boots as deemed necessary for field personnel. 7.3 The City agrees to provide prescription safety glasses up to a maximum cost of $500 per pair as required. A maximum of two (2) pair of prescription safety glasses will be provided by the City during employment except as indicated in 7.5 and 7.6 below. 7.4 The employee shall pay directly to the optometrist any fees for prescription examination or related charges if needed. The employee shall submit receipts for prescription safety frames and lenses to the City of Lodi for reimbursement. 7.5 Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows: 1. If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City. 2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement. 3. If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary. 4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 8 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 7.6 The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employees payroll check after a determination of cost has been made by the City. 1. Where the City would be required to replace issued safety glasses due to abuse by the employee. 2. Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing. 3. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service. 7.7 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City. 7.8 When an employee's personal clothing is damaged in the line of duty, the employee may request to have the item replaced or repaired at the City's expense. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. The City shall have the sole discretion to approve or deny the request, and its denial shall not be grievable. C. Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employees claim. d. Items replaced shall be of similar, or the same value as the item being replaced. The City may require the employee to forfeit the damaged item to the City for inspection. e. All requests for reimbursement shall be accompanied by receipts. 7.9 Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing glasses. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. Glasses replaced shall be of an equal or similar value to the glasses that were damaged. C. Any insurance benefit paid to the employee or paid by the insurance provider toward the replacement/repair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider. 9 MOU - CITY OF LODI AND AFSCME Example: Cost of Eyewear/Repair $150 Insurance Pays $100 Reimbursed to employee $ 50 GENERAL SERVICES UNIT 2020-2022 d. All requests for reimbursement shall be accompanied by receipts. ARTICLE VIII — SAFETY SOOT/FOOTWEAR PROVISIONS 8.1 The City agrees to provide an annual boot allowance of $250, paid semi-annually as part of the last biweekly payroll in the months of April and October of each year, for the following classifications: Building Inspector 1/II Code Enforcement Officer 1/1I Engineering Technician I/II Jr. Engineer Public Works Inspector I/II Sr. Engineering Technician (1) (who do inspection/survey work) Supervising Code/Community Improvement Officer Records Clerk Senior Police Administrative Clerk (if assigned to Records division) Police Records Supervisor Animal Services Supervisor Assistant Animal Services Officer Parking Enforcement Assistant 8.2 Safety boots are defined as leather work boots with a minimum of 4" ankle support. Employees have the option of purchasing these boots with or without steel toes. 8.3 Employees who are assigned to a Lodi Police Department job site, or are supervised by Lodi Police Department personnel, and who are required to wear a uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi Police Department Policy and Procedure Section 210.1C mandate. This includes appropriate foot wear for Class B and Class A uniforms. 8.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 8.5 Employees who are required to wear specific boots or shoes per any City of Lodi Policy and Procedures mandate, must wear the appropriate footwear when performing the duties/tasks of the assigned classification. 8.6 Employees performing duties/tasks without the prescribed appropriate footwear may be required to vacate the job site until such time as they can return wearing the required footwear for the classification/duties/tasks. Time spent away from the job site for this purpose shall not be paid City of Lodi time. 10 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 8.7 Safety footwear for Field Services Representatives and the Field Services Supervisor shall be provided by the Electric Utility Department and shall meet the Electrical Hazard (EH) rating. 8.8 The City will provide all mandated Personal Protective Equipment (PPE) as required, including appropriate rubber glove and leather protectors for Field Services Representatives and the Field Services Supervisor. ARTICLE IX — EDUCATION INCENTIVES 9.1 Employees in sub -professional engineering positions having the following certificates will receive an additional $23.08 per pay period: Engineer in Training Land Surveyor in Training Land Surveyor 9.2 Employees in the classification of Public Works Inspector I and Public Works Inspector II are eligible for the following incentives: 2% of base salary for possession of a Distribution 1 (D1) certificate $60.00 per month for possession of a Distribution 2 (D2) certificate $40.00 per month for possession of a Treatment 1 (T1) certificate $40.00 per month for possession of a Collection 1 (C1) certificate ARTICLE X — NOTARY PUBLIC INCENTIVE 10.1 Employees who possess a Notary Public certification and use the Notary Public service as a part of their employment duties with the City will receive a monthly incentive of $40.00. The City will provide Errors and Omissions insurance for employees who perform notary duties as part of their employment. ARTICLE XI — BILINGUAL PAY 11.1 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly. The City Manager has the discretion in determining the languages that will be recognized. ARTICLE XII — TUITION REIMBURSEMENT 12.1 Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU. ARTICLE XIII — COURT APPEARANCES 13.1 Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave. 11 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 13.2 If jury duty attendance is less than one-half (1/z) of a normal working day, the employee is expected to return to work. 13.3 Employees assigned to shift work shall not be scheduled for regular work during the 12 hours preceding the scheduled time for jury duty. 13.4 If an employee has had jury duty of six (6) hours or more during a sixteen (16) hour period immediately preceding the beginning of or following the end of his/her regular work hours on a work day, he/she will be given a rest period of six (6) consecutive hours. 13.5 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half time (11/2) his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employees, the Department Head designee must be notified in writing of the off duty appearance within seventy-two (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance. ARTICLE XIV -- MILEAGE COMPENSATION 14.1 Employees using their personal automobile for City business, with their Department Head's approval, shall receive mileage compensation equal to that allowed by the Internal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies. 14.2 Allowance changes shall be effective the first day of the month following the determination of a change by the IRS. Chapter 2 - Leaves ARTICLE XV — CATASTROPHIC LEAVE 15.1 Catastrophic Leave will be provided as stated in the City's current policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability. 15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability. ARTICLE XVI — BEREAVEMENT LEAVE 16.1 Employees shall be granted three (3) days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the 12 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's: Spouse/domestic partner Parent/step-parent/foster parent Parent -in-law Child/step-child Son or Daughter -in -Law Grandparent Grandparent -in-law Brother/half-brother/step-brother Grandchild Sister/half-sister/step-sister or a more distant relative who was a member of the employee's immediate household at the time of death. 16.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days for classifications in the General Services Unit. ARTICLE XVII — HOLIDAYS 17.1 Members of this Unit shall observe the following nationally observed holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve (4 hours) Christmas Day January 1 P Monday in January 3rd Monday in February Last Monday in May July 4 1St Monday in September 4th Thursday in November Friday following Thanksgiving Day December 24 December 25 Employees receive holiday pay if/when they work on the above City -recognized national holiday. In addition, each employee shall be granted an additional thirty-six (36) hours of holiday leave (floating holiday) to be taken off at a time mutually agreed upon between the employee and the Department Head. Holiday leave cannot be carried over into the following calendar year. Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed holidays and the prorated share of floating holidays for the remainder of the calendar year. 17.2 Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the 13 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day. 17.3 Bargaining unit members will be granted a day off on the Saturday and Sunday preceding any holiday observed by the City and the Library on a Monday. Bargaining unit members will also be granted a day off on the Saturday and Sunday following the observance of a Saturday holiday on the preceding Friday by the City and the Library. Bargaining unit members will also be granted a day off on Easter Sunday. 17.4 Holiday time may be taken in quarter hour increments. ARTICLE XVIII — LEAVE OF ABSENCE 18.1 Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU. ARTICLE XIX — SICK LEAVE 19.1 Effective December 8, 2003, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 19.2 Sick leave may be accumulated up to an unlimited amount. 19.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010. ARTICLE XX — VACATION LEAVE 20.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12th year 5.24 hours per pay period 15thyear 6.16 hours per pay period 21 st year 6.47 hours per pay period 22nd year 6.78 hours per pay period 23`d year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year & over 7.71 hours per pay period 20.2 If a conflict arises in the scheduling of vacations for employees in the same classification, the conflict shall be resolved in favor of the employee with the greatest seniority. The senior employee shall receive first choice in any scheduling period. 20.3 For all persons hired after September 1, 1995 the maximum vacation accrual will be 6.16 hours per pay period. 14 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 20.4 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount. Chapter 3 — Insurance and Retirement ARTICLE XXI —MEDICAL INSURANCE 21.1 All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. Effective January 1, 2018, the City will contribute the following amounts toward the medical premium: $1,794.51 per month for family $1,380.39 per month for employee +1 dependent $690.20 per month for employee only The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected. 21.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu): $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for employee only In order to qualify for this provision, proof of group insurance must be provided to the City. 21.3 Effective January 1, 2020 and through December 31, 2022, the maximum amount the City will pay towards medical premiums will be increased by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $47,000. Percentage increases shall be based upon the amounts paid by City ($690.20 for Employee only, $1,380.39 for Employee +1, $1,794.51 for Family). 21.4 Employees shall be eligible for medical insurance the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi. 21.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benefits for the unmarried surviving spouse and any minor children of any member of this unit who is killed or dies during the performance of official duties. This benefit terminates if the surviving spouse 15 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 remarries, the children reach the age of 26, or other medical insurance becomes available. ARTICLE XXII — DENTAL INSURANCE 22.1 Employees are provided fully paid family dental insurance. 22.2 Maximum benefits are $1,000 for each family member enrolled in the dental plan, per calendar year. There is a $25 deductible plus co-insurance features. ARTICLE XXIII — VISION INSURANCE 23.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a $25 deductible for the employee and dependents. The entire premium shall be paid by the City. ARTICLE XXIV — CHIROPRACTIC 24.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. ARTICLE XXV — LIFE INSURANCE 25.1 The City agrees to provide a life insurance program providing $25,000 term life insurance which includes a $25,000 Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 21 years, unmarried student dependent children to 23`d birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150 life insurance. The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the General Services Unit. ARTICLE XXVI — LONG TERM DISABILITY 26.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability. This program commences sixty (60) days from the date of disability. Please refer to the City's Policy on Long Term Disability. 26.2 The maximum length of coverage is three (3) years from date of disability. ARTICLE XXVII — WORKERS' COMPENSATION 27.1 The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employees upon MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 receiving said benefits such paid by Workers' Compensation shall also receive compensation from the City in an amount that when added to the Workers' Compensation payment shall equal the employees regular salary. The amount paid by the City shall, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City. ARTICLE XXVIII — FLEXIBLE SPENDING ACCOUNT 28.1 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 will be forfeited after the final filing date, if left unclaimed. ARTICLE XXIX — DEFERRED COMPENSATION 29.1 The City shall match contributions by General Service employees to a deferred compensation program up to a maximum of 3.0% of the employee's gross salary. ARTICLE XXX — PERS 30.1 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "classic" employees by PERS: a. PERS "2% at 55" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit (Section 21298). C. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4). d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and 21263.3). C. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). f. Military Service Credit as Public Service (Section 21024). g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. i. Employee shall pay employee share of retirement at 7% effective December 31, 2013. 17 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 30.2 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "new" employees by PERS under the Public Employees' Pension Reform Act of 2013 (PEPRA): a. PERS "2% at 62" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. C, Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. f. Military Service Credit as Public Service. g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. L Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation. 30.3 Effective May 20, 2019, in accordance with California Government Code §20516 contract amendment process requirements, each employee in this unit shall pay two percent (2%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective July 13, 2020, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective January 11, 2021, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective January 10, 2022, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CalPERS normal pension cost (cost-sharing). ARTICLE XXXI — SICK LEAVE CONVERSION 31.1 For all unused sick leave, a represented employee with ten (10) years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) using one of the following options: Option #1— Conversion After ten (10) years of employment with the City, 50% of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten (10) years, the employee shall be entitled to add 2.5% to the 50% before converting the unused sick leave to months of insurance. 18 MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 EXAMPLE Robert Smith retires with 20 years of service and 1800 hours of unused sick leave. 1800 - 8 x 75% - 12 = 14.06 years of coverage The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXI. Any differences created by an increase in premiums must be paid for by the employee. In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died. Option #2 —Bank 50% of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years, 2.5% will be added to the 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00. EXAMPLE Robert Smith retires with 20 years of service and 1800 hours of unused sick leave (multiplication factor - $20.00). 1800 x 75% x 20.00 = $27,000.00 This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance in gone. In the event the retiree dies, the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone. 31.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving spouse will have an interest in one-half the value of the Bank option as calculated in section 30.1. 31.3 Employees selecting option #1 or #2, who retire on a service retirement shall have the option of purchasing at the employee's cost additional medical insurance sufficient to reach age 65. 31.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 30.1 of this Article. Option #3 — PERS Credit 31.5 Per the California Government Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of determining days creditable. 19 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 31.6 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums as referenced in options 1-2. The only option available to these employees is Option 43, PERS credit. 31.7 Option #3 is available to all represented employees meeting PERS eligibility requirements. 31.8 If an employee opts to utilize the provisions of Option #1 or Option #2, the City will report to PERS they have zero hours of unused sick leave. Chapter 4 — Union / City Issues ARTICLE XXXII — UNION LEAVE 32.1 Whenever any employee is absent from work as a result of a formal request by AFSCME to send an employee to be involved in Association business, the City shall pay for all regular time lost and shall be reimbursed therefore by AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate. 32.2 The City agrees to provide storage space to AFSCME for association materials. ARTICLE XXXIII — LAYOFF 33.1 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXIV — CHANGES IN MEMORANDUM 34.1 The parties agree to reopen this MOU and to renew meeting and conferring on the subjects set forth herein during the term of this MOU only in the event that any provision of this MOU is modified by statute, applicable regulation or by order of Court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU would continue in full force and effect unless and until they are also modified by statute, applicable regulation or order of Court, or agreement of the parties. ARTICLE XXXV — CITY RIGHTS 35.1 It is understood and agreed between the parties that nothing contained in this Memorandum shall be construed to waive or reduce any rights of the City, which include, but are not limited to the exclusive rights to: Determine the mission of its constituent departments, commissions and boards. • Set standards of service. ■ Determine the procedures and standards of selection for employment. ■ Direct its employees. Maintain the efficiency of governmental operations; to determine the methods, means and personnel by which government operations are to be conducted. 20 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 ■ Take all necessary actions to carry out its mission in emergencies. ■ Exercise complete control and discretion in the technology of performing its work. City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employees organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. ARTICLE XXXVI — EMPLOYEE REPRESENTATION 36.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered into between representatives of the City of Lodi (hereinafter referred to as City) and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (AFSCME) for the General Services Unit. The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment. The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A. 36.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51 AFSCME shall indemnify, defend, and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check -off of said employee organization's dues. In addition, AFSCME shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence. 36.3 UNION SECURITY MEMBERSHIP AND DUES CHECK OFF Union Membership — All employees covered by this Agreement shall have the opportunity to be a member of AFSCME. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement. A UNION Officer, or designee, will be 21 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting. Membership status shall remain in effect per the terms set forth in the AFSCME Membership Application. Only AFSCME members are afforded exclusive UNION membership rights. The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY. Payroll deductions shall be limited to the following choices: • Union Membership Dues ■ AFSCME Voluntary Political Action Check Off (PEOPLE) The Union will comply with its legal obligation regarding the administration of this section. Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article. 36.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate Department Dead or designee and shall include the date, location, time and general purpose of such meeting. The City may establish reasonable regulations governing the use of such facilities. 36.5 No City employee or applicant for employment shall be discriminated against any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability. 36.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity will be resolved in 22 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XXXVII — GRIEVANCE PROCEDURE 37.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarifications executed by AFSCME and the City. The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application or enforcement of the express terms of the MOU and other terms and conditions of employment and matter of discipline which includes demotion, suspension or discharge. As used in procedure, the term "PARTY" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the procedure. 37.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: a. Interpretation or application of any of the terms of this MOU, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City. b. Discharge, demotion, suspension, or discipline of an individual employee. Employees shall have the right to grieve letters of reprimand through the chain of command up to the Department Director or designee. The decision of the Department Director or designee is final and binding and not subject to further grievance. c. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa. 37.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the Grievant became aware of the incident which is the basis of the Grievance. 23 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 37.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days of the date the department head receives the written statement. 37.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall be the presentation of the Grievance, in writing, by the employee or his or her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in STEP TWO. 37.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and AFSCME shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guide lines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. C. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the 24 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing will be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing. The decision will be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to 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. 37.7 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 37.8 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 25 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 37.9 Only AFSCME may appeal a grievance to arbitration. ARTICLE XXXVIII — MUTUAL CONSENT CONTINGENCY 38.1 This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU. ARTICLE XXXIX — NO STRIKES 39.1 The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick -ins" or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU. ARTICLE XL — PROBATIONARY PERIOD 40.1 All appointments to positions in the classified service shall be subject to a probationary period of twelve (12) continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his/her new duties, assignments and responsibilities in his/her new position and for rejecting any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he/she has not satisfactorily completed probation. 40.2 During the probationary period, all new hires shall have the rights and privileges afforded to other employees, except: a. Vacation Leave — See Article XX for vacation schedule. b. The use of the Grievance Procedure to grieve termination. C. The City and the employee may mutually agree to extend the probationary period in increments up to six (6) months. The total extended probationary period shall not exceed twelve (12) months. AFSCME must be notified of all extensions by Human Resources. 40.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position from which he/she was promoted. The seniority and status of a rejected candidate shall continue as before. ARTICLE XLI — PROMOTION 41.1 The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within consistent with the best interests of the City. 26 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 ARTICLE XLII - SENIORITY 42.1 Seniority is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is: a. Inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights. b. On duty with the National Guard. C. Is absent due to industrial disability. d. On leave of absence. e. Absent due to layoff for a period of less than twelve (12) consecutive months. ARTICLE XLIII — SHOP STEWARDS 43.1 AFSCME agrees to notify the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classifications and shall not interrupt the work of other employees. A steward may, with reasonable notice and approval of his or her supervisor, leave the job during working hours for reasonable periods to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his presence is necessary in the judgment of his/her supervisor for the safe conduct and efficiency of the operations in which he/she is engaged. ARTICLE XLIV — STATUS 44.1 Employees shall be designated as regular or probationary. a. A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration, Article X (Probationary Period). b. A probationary employee is defined as an employee hired for a full time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he/she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve (12) month of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee. 27 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 ARTICLE XLV — TERM 45.1 The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and AFSCME. The parties agree as follows: TERM: Covering the period from January 1, 2020 through December 31, 2022. 28 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 EXHIBIT A Salary Schedule — General Services Effective February 20, 2020 1 Annual Salary Job Title Job Code Step 0 Step 1 Step 2 Step 3 Step4 ACCOUNT CLERK 2000 $ 39,037,47 $ 40,989.29 $ 43,038.74 $ 45,190.69 $ 47,450.32 ADMI NISTRATI VE ASSISTANT 2702 $ 47,022,56 $ 49,373.76 $ 51,842.46 $ 54,434.56 $ 57,156.26 ADMINISTRATIVE CLERK 2700 $ 35,350.74 $ 37,118.30 $ 38,974.26 $ 40,922.92 $ 42,969.07 ANIMALSERVICFSSUPERVISOR 2021 $ 45,876.59 $ 48,170.61 $ 50,579.11 $ 53,108.01 $ 55,763.45 AQUATIC COORDINATOR 2603 $ 45,565.86 $ 48,894.21 $ 51,338,93 $ ,53,905.85. $ 56,601.08 . ASSI STANT ANI MAL S ERVI C ES r 2020 $ 39,893.84 $ 41,888.49 $ 43,982.99 $ 46,182.15 $ 48,491.24 BUILDING INSPECTOR I r 2072 $ 54,295.72 $ 56,876.94 $ 59,720.80 $ 62,706.93 $ 65,842.20 BU I LDI NG I NSPECTO R I 1 2073 $ 59.585.42 $ 62,564.65 $ 65,692.90 $ 68,977.62 $_ 72,426.48 CODE ENFORCEAAENT OFFICER 2022 $ 56,748.03 $ 59,585.42 $ 62,564.65 $ 65,692.90 $ 68,977.62 CUSTOMER SERVICE REP Il r 2011 $ 35,488.75 $ 37,263.18 $ 39.126.30 $ 41.082.53 $ 43,136.68 CUSTOMER SERVICE REP 11 r 2012 5 39,037.47 $ 40,989.29 $ 43,038.74 $ 45,190.69 $ 47,450.32 1 ENG INEERINGAlD 2199 $ 42,969.75 $ 45,118.24 $ 47,374.16 $ 49,742.85 $ 52,230.02 ENGINEERING TECHNICIAN I r 2200 $ 54,683.42 $ 57,417.51 $ 60,288.36 5 63,302.85 $ 66,468.00 ENGINEERING TECHNICIAN II r 2201 $ 60.151.74 $ 63,159.20 $ 66,317.21 $ 69,633.04 $ 73,114.69 EVENTS COORDINATOR r 2605 $ 55,669.80 $ 58,453.20 $ 61,375.82 S 64,444.72 $ 67,667.04 FIELD SVC REP 2050 $ 48,260.54 $ 50,673.60 $ 53,207.30 $ 55,867,70 $ 58,661.01 FIELD SVC SUP 2051 $ 55,553,84 $ 58,331.57 $ 61,248.15 $ 64,310,43 $ 67,525.99 FtNANCETEC HNICIAN r 2D14 $ 47,235.33 $ 49,597.15 $ 52,077.00 $ 54,680.94 $ 57,414.89 INFORMATION SYSTEMS SPECIALIST r 2400 $ 53,648.70 $ 56,331.28 $ 59,151.45 $ 62,105.06 $ 65,210.32 j JUNI OR ENGINEER r 2203 $ 71,460.17 $ 75,033.22 $ 78,784.79 $ 82,724.05 $ 86,860.25 JUNIOR PLANNER r 2208 $ 53,997.84 $ 56,697.64 $ 59.532.53 $ 62,509,16 $ 65,634.65 JUNIOR PLANS EXAM INER/ENGINEER r 2071 $ 59,585.42 $ 62,564.65 $_ 65,692.90 $ 68,977.62 $ 72,426.48 ............ LIBRARYASST r 2500 $ 37,118.42 5 38,974.26 $ 40,923.05 $ 42,969.20 $ 45,117.54 LIBRARY TECHNICIAN r 2510 $ 46,954.61 5 49,362.32 $ 51,767.47 $ 54,355.85 $ 57,673.61 NETWORK TECHNICIAN r 2401 $ 64,337.70 5 67,554.65 $ 70,932.32 $ 74,478.98 $ 78,203.02 PARKING ENFORCEMENTASSI$TANT r 2027 5 40,201.10 $ 42,211.18 $ 44,321.78 5 46,537.90 $ 48,864.73 PARKS PROJECT COO ADI` NATOR 2600 5 66,156.82 $ 69,475.20 $ 72,948.8.8 5 76,596.35 $ 80,426.16 PAYRO U. TEC HNI C I AN 1 2016 5 47,235.33 5 49,597.15 S 52,077.00 5 54,680.94 5 57,414.89 PERMIT TECHNICIAN r 2070 $ 44,658.93 $ 46,892.41 $ 49,237.00 $ 51,698.94 $ 54,283.88 POLICE RECORDS CLERK 2024 $ 35,087.98 $ 36,842.30 $ 38,684.49 $ 40,618.67 $ 42,649.69 POLICE RECORDS CLERK II F 2023 $ 38,596.90 $ 40,526.67 $ 42,553.00 $ 44,680.68 $ 46,914.70 POLICE RECORDS CLERK SUPERVISOR F 2026 $ 44,379.63 5 46,598.64 $ 48,928.51 $ 51,374.88 $ 53,943.71 PROGRAM COORDINATOR F 2602 $ 41,307.71 S 43,373.00 $ 45,541.61 $ 47,818.72 $ 50,209.74 PROGRAM/ANALYST r 2405 $ 62,150.31 S 65,168.52 $ 68,426.95 $ 71,848.29 $ 75,440.70 PUBLIC WORKS INSPECTOR) r 2204 $ 54,168.61 $ 56,876.94 $ 59,720.80 $ 62,706.93 $ 65,842.20 PUBLIC WORKS INSPECTOR II 2205 $ 59,585.42 $ 62,564.65 $. 65,692,90 $ 68,977.62 $ 72,426.48 SENIOR ADMINISTRATIVE CLERK 2701 $ 38,885.84 5 40,830.09 $ 42,871.69 $ 45,015.23 $ 47,266.04 SENIOR ENGINEERING TECHNICIAN r 2202 $ 66,166.82 5 69,475.20 $ 72,948.88 $ 76,596.35 $ 80,426.16 SENIOR.LIBRARYASSISTANT 2505 $ 40,830.09 5 42,871.69 $ 45,015.23 $ 47,266.04 $ 49,629.24 SENIOR PAYROLL TECHNICIAN r 2017 $ 51,958.87 5 54,556.87 $ 57,284.70 $ 60,149.04 5 63,156.39 SR POLICE ADMINISTRATIVE CLERK 2.025 $ 41,162,55 $ 43,220,82 $ 45,381.71 $ 47,650.71 $ 50,033.33 SUPERVISING CUSTOMER SERV. REP 2.013 $ 47,235.33 $ 49,597.15 $ S2,077.00 $ 54,680.94 $ 57,414.89 UTILITY BILL! NG SPECIALIST ' 2015 S 42,941.24 . $ 45,088.31 $ 47,342.72 $ 49,709.86 $ 52,195.34 WATER SERVICES TECHNICIAN 1 2206 $ 64,239.65 ' $ 67,451.63 $ 70,824.21 $ 74,365.36 $ 78,083.61 WATER SERVICES TECHNICIAN II 2207 S 70,663.50 $ 74,196.55 $ 77,906,50 $ 81,801.89 $ 85,892.01 WATERSHED PROGRAM COORDINATOR r 2209 $ 41,307.71 $ 43,373.00' $ 45,541.61 $ 47,818.72 $ 50,209.74 YO LITH OUTREACH WORKER r 2028 $ 45,118.24 $ 47,839.66 $ 50,704.31 $ 53,736.02 $ 57,507.86 1 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2020-2022 Urtifcadwe Pk quiFernefrts and F,, ntns Chan hbairtenarxe op.-A.M and Gcne:-a35 -k- 6ehetal Scrvim Qmtiri4ltCns: /r;YC "wYriz I WbroEaltyhwr I WCe * Treetsne t"-" I LOIIGEti6n Madntemmml I Mi=CLee:fiF fil el&le TN Pest ControlN irypicsora and water 9en+Ces TeTnirarxi OpHWauniftaet. *peraw rtK=tes svt—T4xhlkcat. 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COUNCIL 57 LOCAL 146 -AFL-CIO Jeremiah Miller, Chief Negotiator Date: Shawn Tallerico, Chapter President Date: "Perri Lovell, Executive Vice President Date: Rodney Plamondon, Vice President Date: George Agnew, Treasurer Date: Kari Chadwick, Secretary Date: Thomas Gabriel, M&O Representative Date: Joseph Martinez, M&O Representative Date: Tosha Wiman, GS Representative Date: Rene Garcia, GS Representative Date: GENERAL SERVICES UNIT 2020-2022 CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer, City Manager Date: Andrew Keys, Deputy City Manager Date: Adele Post, HR Manager Date: Approved As To Form: Janice D. Magdich, City Attorney CJ! Attest: Pamela M. Farris, Assistant City Clerk 32 RESOLUTION NO. 2020-47 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE AFSCME — MAINTENANCE & OPERATORS UNIT FOR THE PERIOD JANUARY 1, 2020 THROUGH DECEMBER 31, 2022 WHEREAS, representatives from the City and the AFSCME — Maintenance & Operators Unit have bargained in good faith and reached a tentative agreement on a successor MOU; and WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with AFSCME — Maintenance & Operators Unit to include the following: • Term: January 1, 2020 to December 31, 2022; • Additional Accidental Death and Dismemberment insurance of $10,000; • Increase to Standby Pay hourly compensation; compensation for off-duty communications to include text messaging and email correspondence for emergency call outs as is provided for telephone calls; • Increase to reimbursement amount for prescription safety glasses to $500; • Five percent (5%) salary adjustment, effective February 10, 2020; a five percent (5%) salary adjustment effective the first full pay period in January 2021; and, a five percent (5%) salary adjustment effective the first full pay period in January 2021; • Medical premiums will be increased by the lower of three percent (3%) or the actual cost increase for employees whose annual base salary is $47,000; • Incorporation of side -letter agreement listing all job classifications that are eligible for Bio -Hazard incentive and side -letter agreement to eliminate the cash -out provision under Sick Leave Conversion; • All employees in the bargaining unit will pay additional cost-sharing of the employer's normal contribution toward CalPERS, pursuant to Government Code Section 20516 as follows: o One percent (1 %), effective July 13, 2020, o One percent (1 %), effective January 11, 2021, and o One percent (1%), effective January 10, 2022 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME — Maintenance & Operators, effective January 1, 2020 through December 31, 2022. Date: March 4, 2020 I hereby certify that Resolution No. 2020-47 was passed and adopted by the City Council of the City of Lodi in a regular/special joint meeting held on March 4, 2020 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2020-47 MEMORANDUM OF UNDERSTANDING CITY OF LODI AND A.F.S.C.M.E. COUNCIL 57, LOCAL 146 -AFL-CIO MAINTENANCE & OPERATORS UNIT January 1, 2020 — December 31, 2022 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 TABLE OF CONTENTS CHAPTER 1— SALARIES AND OTHER COMPENSATION P Article I Salary 4 Article 11 Hours 4 Article III Compensatory Time 4 Article IV Overtime 5 Article V Meals 6 Article VI Temporary Upgrade 7 Article VII Shift Differential 7 Article VIII Standby Pay — Call -Out Pay 7 Article IX Tools and Uniform Allowance 8 Article X Safety/Safety Boot Provisions 10 Article XI Class A License 11 Article XII Education Incentives 11 Article XIII Bio Hazardous/Waste Incentive 12 Article XIV Bilingual Pay 12 Article XV Tuition Reimbursement 12 Article XVI Court Appearances 12 Article XVII Mileage Compensation 13 CHAPTER 2 — LEAVES Article XVIII Catastrophic Leave 13 Article XIX Bereavement Leave 13 Article XX Holidays 14 Article XXI Leaves of Absence 14 Article XXII Sick Leave 15 Article XXIII Vacation Leave 15 CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT Article XXIV Medical Insurance 16 Article XXV Dental Insurance 16 Article XXVI Vision Insurance 17 Article XXVII Chiropractic Insurance 17 Article XXVII I Life Insurance 17 Article XXIX Long Term Disability 17 Article XXX Workers' Compensation 17 Article XXXI Flexible Spending Account 18 Article XXXII Deferred Compensation Plan 18 Article XXXII I PERS 18 Article XXXIV Sick Leave Conversion 20 K MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 CHAPTER 4 — UNION / CITY ISSUES Article XXXV Union Leave 21 Article XXXVI Demotion And Layoff 21 Article XXXVII Changes in Memorandum 21 Article XXXV III City Rights 22 Article XXXIX Employee Representation 22 Article XL Grievance Procedure 24 Article XLI Mutual Consent Contingency 27 Article XLII No Strikes 27 Article XLIII Probationary Period 27 Article XLIV Promotion 28 Article XLV Seniority 28 Article XLVI Shop Stewards 28 Article XLVII Status 28 Article XLVIII Term 29 Exhibit A — Salary Schedule effective February 10, 2020 Exhibit B — Certification Requirements and Incentive Chart 3 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 Chapter I — Salaries anti Other Compensation ARTICLE I — SALARY 1.1 Effective February 10, 2020, the City shall increase the salary ranges by five percent (5%). Effective with the first full pay period in January 2021 and January 2022, the City shall increase the salary ranges by five percent (5%). 1.2 For comparison purposes, the recognized survey cites are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland ARTICLE II — HOURS 2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the supervisor. a. Wastewater/Water Plant Operators shall work shifts on a jointly agreed to rotating schedule with varying days off. This schedule shall be posted two weeks before the change of shift. b. Employees assigned to work "Relief Operator" duties shall receive compensation at a rate of 10% above their current base pay. The "Relief Operator" is one who works a normal day shift but is on call to assume a shift operators shift(s) for the duration of a vacancy, then return to regular hours. Street Sweeper Operators shall work a schedule which begins at 4:00 a.m. d. Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor. 2.2 Work schedules presently in effect shall remain in effect. Any proposed change in the work days or work hours shall be a meet and confer item. ARTICLE III — COMPENSATORY TIME 3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate of overtime worked. 3.2 The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable. M MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 3.3 No more than two hundred (200) hours of compensatory time may be carried on the books at any time. Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division. 3.4 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance. ARTICLE IV — OVERTIME 4.1 Overtime work, paid at the time and one-half rate (11/z), is work performed by an employee outside his or her regular work hours, and includes: a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Sections 2.1 and 2.2; and b. Time worked on a non -work day. Overtime work paid at the double time rate is work performed in excess of 12 hours between 12:00 a.m. and 12:00 a.m. on any given day, any work performed between the hours of 12:00 a.m. and 6:00 a.m., and any work performed on holidays. Hours worked on a holiday, as part of any employee's regular work schedule, shall be compensated at the appropriate overtime rate as provided plus the employee shall receive his or her regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU 4.2 Employees who are required to report for prearranged work on their non -work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours. 4.3 If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours on a work day he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours. 4.4 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime: a. On work day outside of his or her regular work hours, he or she shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into or beyond his or her regular work hours, he MDU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 or she shall be paid overtime compensation only for actual work time up to his or her regular work hours. b. On non work days or on holidays, he or she shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of his or her preceding work period on a work day. ARTICLE V - MEALS 5.1 The City and AFSCME mutually agree to engage in further discussion to incorporate clarifying language for Article V — Meals. 5.2 If the City requires an employee to perform work for one and one-half (1 '/z) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide meals at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them shall be at the City's expense. 5.3 When the City requires employees to work on non -work days, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at the four (4) hour intervals thereafter. 5.4 When an employee is required to perform prearranged work on non -work days during regular work hours, he or she shall observe the lunch arrangement which prevails on his or her work days. If such work continues after regular work hours, the City shall provide the employee with a meal allowance in accordance with other provisions of this MOU. 5.5 If the City requires an employee to perform prearranged work starting two (2) hours or more before regular work hours on work days or non -work days, and such employee continues to work into regular hours, the employee shall provide for one meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meal allowances provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail. The usual times therefore shall be 7:00 a.m. — 12:00 p.m. and noon — 6:30 p.m. ARTICLE VI — TEMPORARY UPGRADE 6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a 10% wage Con MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UN iT 2020-2022 increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded. ARTICLE VII — SHIFT DIFFERENTIAL 7.1 An Operations Premium of 3% will be applied to Wastewater Treatment Plant Operators for all hours worked during swing shifts. Swing shifts are those daily work periods regularly scheduled to begin from 12:00 p.m. to 10:00 p.m. Shift assignments shall be made by the City at its sole discretion consistent with this MOU. ARTICLE VIII — STANDBY PAY — CALL -OUT PAY 8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit shall be eligible for standby pay as noted below: A. Standby Fay: All employees in the Maintenance and Operators Bargaining Unit, except Waste Water Plant Operators and Water Plant Operators, shall receive compensation at straight time pay when said employees are in standby status as shown below. On work days 3 hours On non -work days 4 hours On observed holidays 8 hours B. Standby Pay: All Wastewater Plant Operators and Water Plant Operators shall receive compensation at straight time pay when said employees are in standby status, as shown below. On work days 3 hours On non -work days 4 hours On observed holidays 8 hours 8.2 CALL -OUT: All employees in the Maintenance and Operators Bargaining Unit shall be paid call -out pay as follows: A. In addition to the "Standby Duty Pay" (above) the employees on standby shall be paid at the rate of one and one half times the straight time rate of pay for time worked on emergency calls before 12:00 a.m. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time. B. The first call -out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 8.2 (A) of this Agreement. Subsequent calls on the same calendar day will be paid for actual time worked at the appropriate overtime rate as defined in Article 8.2(A) of this Agreement. C. All subsequent hours worked on a call -out shall be paid at the appropriate overtime rate per Article 8.2(A) of this Agreement. 7 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 8.3 Compensation paid to employees called out in emergency situations outside their regular work hours shall be a minimum of three (3) hours pay at the overtime rate. Additional call outs during that day shall be compensated at the overtime rate for actual hours worked with a one (1) hour minimum. Only one call out between the hours of 12:00 a.m. and 12:00 a.m. shall be compensated at the minimum three (3) hour period. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes, text messages and/or emails that require substantive work would receive the standard three (3) hour callback at the appropriate overtime rate. ARTICLE IX — TOOLS AND UNIFORM ALLOWANCE 9.1 Uniforms provided by the City shall include a jacket, pants and shirts. Jackets shall be replaced as needed. Uniform service, including rental and cleaning of one uniform (shirts & pants) per work day, will be provided to the following Maintenance and Operators classifications: Environmental Compliance Insp. Facilities Maintenance Worker Facilities Supervisor Fleet Services Supervisor Heavy Equipment Mechanic Maintenance Worker I & 11 Park Maintenance Worker 1 /II/III Park Supervisor Chief Wastewater Plant Operator Service Writer Parts Clerk Plant & Equipment Mechanic Street Maintenance Worker I/II/III Street Supervisor Sr. Facilities Maintenance Worker Sr. Storekeeper W/WWMaintenanceWorker I/II/III W/WW Supervisor W/WW Plant Operator 1/II/III Water Plant Operator I/11/III Welder -Mechanic Building Services Supervisor 9.2 Coveralls, but no more than 3, are provided per year to the following Maintenance and Operators classifications: Chief Wastewater Plant Operator Plant and Equipment Mechanic Wastewater Plant Operator I, II, III Environmental Compliance Inspector Sr. Plant and Equipment Mechanic Water Plant Operators I/II/III Maintenance Workers I/11 assigned to White Slough 9.3 Smocks, but no more than 3, are provided per year to Laboratory Technician I/II classifications. 9.4 The City agrees to provide prescription safety glasses up to a maximum cost of $500 per pair as required. A maximum of two pair of prescription safety glasses will be provided by the City during employment except as indicated in 9.6 and 9.7 below. MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 9.5 The employee shall pay directly to the optometrist any fees for prescription examination or related charges if needed. The employee shall submit receipts for the prescription safety frames and lenses to the City for reimbursement. 9.6 Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows: 1. If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City. 2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement. 3. If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary. 4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above. 9.7 The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employee's payroll check after a determination of cost has been made by the City. 1. Where the city would be required to replace issued safety glasses due to abuse by the employee. 2. Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing. 3. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service. 9.8 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City. 9.9 Employees who are not required to wear a uniform, whose personal clothing is damaged in the line of duty, may request to have the item replaced or repaired at the City's expense. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. The City shall have the sole discretion to approve or deny the request and its denial shall not be grievable. 9 MOL] — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 C. Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employee's claim. d. Items replaced shall be of similar, or the same quality as the item being replaced. The City may require the employee to forfeit the damaged item for inspection. e. All requests for reimbursement shall be accompanied by receipts. 9.10 Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing the glasses. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage. b. Glasses replaced shall be of an equal or similar quality to the glasses that were damaged. C. Any insurance benefit paid to the employee or paid by the insurance provider toward the replacement/repair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider. Example: Cost of Eyewear/Repair $150 Insurance Pays $100 Reimbursed to employee $ 50 ARTICLE X — SAFETY/SAFETY BOOT PROVISIONS 10.1 The City retains the right to set and maintain safety standards in the work place. Failure to adhere to safe work practices will be grounds for the City to take appropriate steps to ensure compliance. 10.2 The City agrees to provide an annual boot allowance of $250, paid semi-annually as part of the last biweekly payroll in the months of April and October of each year, for all classifications in this unit. 10.3 Safety boots are defined as leather work boots with a minimum of 4" ankle support. Employees have the option of purchasing these boots with or without steel toes. 10.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions. 10.5 Laboratory Technicians shall be eligible to receive the safety shoe/boot allowance to purchase water resistant shoes. 10 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 ARTICLE XI - CLASS A LICENSE 11.1 Those employees required to have a Class "A" commercial driver's license as part of their employment will be given $600 per year, to be paid in October of each year. ARTICLE XII — EDUCATION INCENTIVES 12.1 The City shall make available incentive pay as shown in Exhibit C. A $40.00 per month incentive shall be paid for each grade at or above the minimum grades shown. An employee can earn education incentive pay to a combined maximum of $250 per month. (The certificate pays on Exhibit C chart are not included in this cap) 12.2 The City agrees to pay all fees charged in obtaining any license, mandatory or voluntary certification, or recertification required in the course of his or her employment upon successfully passing the test procedures. 12.3 The City agrees to pay $20 per month to two (2) Wastewater Plant Operators, two (2) Surface Water Plant Operators, and two (2) Plant and Equipment Mechanics for the possession of a Qualified Applicators Certificate. In the event of the separation of one of the two Wastewater or Surface Water Plant Operators or Plant and Equipment Mechanics, the remaining employee in each classification shall receive $40 per month. 12.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as outlined in Exhibit C. 12.5 Equipment Mechanics are eligible to receive incentive pay of either $25 or $50 per month for possession of Automotive Service Excellence Technician Certificates on the following basis: a. Only courses listed in Exhibit C will qualify towards this incentive. b. Employees will not be paid for both certificates in cases where one is a prerequisite of the other. For example, ASE certifications A-6, A-8 and L-1 are required by BAR in order to obtain a smog certificate. An employee having a BAR smog certificate will receive $50 for the smog certificate and the three ASE certificates will not be counted toward the ASE certification incentives. c. Employees will receive a total of $25 per month for possession of a minimum of three (3) certificates. d. Employees will receive a total of $50 per month for possession of a minimum of eight (8) certificates. ARTICLE XIII — BIO HAZARDOUS/WASTE INCENTIVE (incorporating side -letter agreement, no additional classifications added) 13.1 Employees in the following classifications who are assigned to clean up bio hazardous materials will receive $100 per month, paid bi-weekly: 11 MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 Building Services Supervisor Facilities Maintenance Worker Senior Facilities Maintenance Worker Facilities Supervisor Plant and Equipment Mechanic Parks Maintenance Worker I/II/III Parks Supervisor Maintenance Worker II Street Maintenance Worker I/II/III Street Supervisor 13.2 All bargaining unit members who receive this incentive shall complete appropriate Bio Hazard training offered by the City. ARTICLE XIV — BILINGUAL PAY 14.1 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly. The City Manager has the discretion in determining the languages that will be recognized. ARTICLE XV — TUITION REIMBURSEMENT 15.1 Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU. ARTICLE XVI — COURT APPEARANCES 16.1 Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave. 16.2 If jury duty attendance is less than one-half (1/2) of a normal working day, the employee is expected to return to work. 16.3 If an employee has had jury duty of six (6) hours or more during a 16 -hour period immediately preceding the beginning of or following the end of his or her regular work hours on a work day, he/she shall be given a rest period of six (6) consecutive hours. 16.4 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half (1'/z) times his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employee, the Department Head must be notified in writing of the off duty appearance within seventy-two (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance. 12 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 ARTICLE XVII -- MILEAGE COMPENSATON 17.1 Employees using their personal automobile for City business, with their department head's approval, shall receive mileage compensation equal to that allowed by the Internal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies, except that employees whose regular work station is at the White Slough Water Pollution Control Facility shall receive mileage compensation, not to exceed 20 miles (each direction) if called back to the plant in an emergency situation. Allowance changes shall be effective the first day of the month following the determination of a change by the IRS. Chapter 2 - Leaves ARTICLE XVIII — CATASTROPHIC LEAVE 18.1 Catastrophic Leave will be provided as stated in the City's current Policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability. 18.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability ARTICLE XIX — BEREAVEMENT LEAVE 19.1 Regular employees shall be granted 3 days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's: o Spouse/domestic partner Parent/step-parent/foster parent Grandparent r grandparent -in-law parent -in-law Child/step-child grandchild son-in-law daughter-in-law a Sister/step-sister/half-sister Brother/step-brother/half-brother 1101 ore distant relative who was a member of the employee's immediate household at the time of death. 19.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days. ARTICLE XX — HOLIDAYS 13 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 20.1 Members of this Unit shall observe the following nationally observed holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve (4 hours) Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 15t Monday in September 4t" Thursday in November Friday following Thanksgiving Day December 24 December 25 Employees receive holiday pay if/when they work on the above City -recognized national holiday In addition, each employee shall be granted thirty-six (36) hours of holiday leave to be taken off at a time mutually agreed upon between the employee and the department head. Holiday leave cannot be carried over into the following calendar year. Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed holidays and the prorated share of floating holidays for the remainder of the calendar year Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day. 20.2 Holiday time may be taken in quarter hour increments. ARTICLE XXI — LEAVES OF ABSENCE 21.1 Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU ARTICLE XXII — SICK LEAVE 22.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 22.2 Sick leave may be accumulated up to an unlimited amount. 22.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010. ARTICLE XXIII — VACATION LEAVE 14 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 23.1 Employees shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hrs per pay period 6th year: 4.62 hrs per pay period 12th year: 5.24 hrs per pay period 15th year: 6.16 hrs per pay period 21 st year: 6.47 hrs per pay period 22nd year: 6.78 hrs per pay period 23rd year: 7.09 hrs per pay period 24th year: 7.40 hrs per pay period 25th year & over: 7.71 hrs per pay period 23.2 If conflict arises in the scheduling of vacation of employees in the same classification, the conflict shall be resolved in favor of the employee with the greatest City seniority. The senior employee shall receive first choice in any scheduling period. 23.3 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount. Under extenuating circumstances, requests to accrue vacation leave over the maximum may be authorized by the City Manager. For all other issues regarding Vacation Leave refer to the City's Policy on Vacation Leave. 23.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate will be 6.16 hours per pay period. Chapter 3 - Insurance and Retirement ARTICLE XXIV — MEDICAL INSURANCE 24.1 All employees are offered medical insurance for themselves and dependents through Ca1PERS-Medical Plans. Effective January 1, 2018, the City will contribute the following amounts toward the medical premium: $1,794.51 per month for family $1,380.39 per month for employee +1 dependent $690.20 per month for employee only 15 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected. 24.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu): $692.81 per month for family $532.92 per month for employee + 1 dependent $305.22 per month for employee only In order to qualify for this provision, proof of group insurance must be provided to the City. 24.3 Effective January 1, 2020 and through December 31, 2022, the maximum amount the City will pay towards medical premiums will be increased by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than$47,000. Percentage increases shall be based upon the amounts paid by City ($690.20 for Employee only, $1,380.39 for Employee + 1 and $1,794.51 for Family). 23.4 Employees shall be eligible for medical insurance from the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi. 24.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benefits for the unmarried surviving spouse and any minor children of any members of this unit who is killed or dies during the performance of official duties. This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available. ARTICLE XXV — DENTAL INSURANCE 25.1 Employees are provided fully paid family dental insurance. 25.2 Maximum benefits are $1000 for each family member enrolled in the dental plan per calendar year. There is a $25 deductible plus co-insurance features. ARTICLE XXVI — VISION INSURANCE 26.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a $25 deductible for the employee and dependents. The entire premium shall be paid by the City. ARTICLE XXVII —CHIROPRACTIC INSURANCE 27.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan. 16 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 ARTICLE XXVIII —LIFE INSURANCE 28.1 The City agrees to provide a life insurance program providing $25,000 term life insurance which includes $25,000 of Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 21 years, unmarried student dependent children to 23`d birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150 life insurance. 28.2 The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the Maintenance & Operators Unit. ARTICLE XXIX — LONG TERM DISABILITY 29.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability. This program commences 60 days from the date of disability. Please refer to the City's Policy on Long Term Disability. 29.2 The maximum length of coverage is three years from date of disability. ARTICLE XXX — WORKER'S COMPENSATION 30.1 The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Worker's Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee, upon receiving said benefits paid by Workers' Compensation shall also receive compensation from the City in such an amount that when added to the Workers' Compensation payment shall equal his or her regular salary. The amount paid by the City shall, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City. ARTICLE XXXI — FLEXIBLE SPENDING ACCOUNT 31.1 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. ARTICLE XXXII — DEFERRED COMPENSATION PLAN 32.1 The City and AFSCME agree to the implementation of the following program effective July 1, 1977. 17 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 32.2 The City shall match contributions by Maintenance and Operators employees to a deferred compensation program up to a maximum 3.0% of the employee's gross salary. ARTICLE XXXIII — PERS 33.1 The City agrees to provide the following PERS retirement program and to pay the employers cost for employees deemed to be "classic" employees by PERS: a. PERS "2% at 55" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit (Section 21298) c. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4). d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and Section 21263.3) e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). f. Military. Service Credit as Public Service (Section 21024). g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. i. Employee shall pay employee share of retirement at 7% effective December 31, 2013. 33.2 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "new" employees by PERS under the Public Employee Pension Reform Act of 2013 (PEPRA): a. PERS "2% at 62" full formula retirement benefits plus the following additional options: b. The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. c. Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. 18 MOU ---CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. f. Military Service Credit as Public Service. g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. h. 50% survivor continuation in the event of death after retirement. i. Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation. 33.3 Effective May 20, 2019, in accordance with California Government Code §20516 contract amendment process requirements, each employee in the unit shall pay three percent (3%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective July 13, 2020, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective January 11, 2021, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective January 10, 2022, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CalPERS normal pension cost (cost-sharing). ARTICLE XXXIV — SICK LEAVE CONVERSION 34.1 For all unused sick leave balance, a represented employee with ten years of employment with the City will receive medical coverage upon retirement (but not upon resignation or termination) using one of the following options: Option #1— CONVERSION After ten years of employment with the City, 50% of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten years, the employee shall be entitled to add 2 1/2% to the 50% before converting the unused sick leave to months of insurance. EXAMPLE: ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS OF UNUSED SICK LEAVE. 1800 - 8 X 75% = 12 = 14.06 YEARS OF COVERAGE 19 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXIV. Any differences created by an increase in premiums must be paid for by the employee. In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died. Option #2 — BANK 50% of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years, 2 `/z % will be added to the 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00. EXAMPLE: ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS OF UNUSED SICK LEAVE (MULTIPLICATION FACTOR - $20.00). 1800 x 75% x $20.00 = $27,000.00 This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance is gone. In the event the retiree dies the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone. O time N3 — PERS CREDIT 34.2 Per California Government Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of determining days creditable. 34.3 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums or cash as referenced in options 1 and 2. The only option available to these employees is Option #3, PERS credit. 34.5 Option #3 is available to all represented employees meeting PERS eligibility requirements. 34.6 If an employee opts to utilize the provisions of Option #1, or Option #2, the City will report to PERS they have zero hours of unused sick leave. Chapter 4. Union/City Issues ARTICLE XXXV — UNION LEAVE 20 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 35.1 Whenever any employee is absent from work as a result of a formal request by the AFSCME to send an employee to be involved in union business, the City shall pay for all regular time lost and shall be reimbursed therefore by the AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate. 35.2 The City agrees to provide storage space to AFSCME for union materials. ARTICLE XXXVI — DEMOTION AND LAYOFF 36.1 The classification of Maintenance Worker in the Parks, Recreation and Cultural Services or Public Works Department will be "Y" rated if an employee is involuntarily transferred or demoted between departments as a result of a reduction in workforce. 36.2 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager. ARTICLE XXXVII — CHANGES IN MEMORANDUM 37.1 The parties agree to reopen this Memorandum and to renew meeting and conferring on the subjects set forth herein during the term of this Memorandum only in the event that any provision of this MOU is modified by statue, 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 shall continue in full force and effect unless and until they are also modified by statue, applicable regulation, order of Court, or agreement of the parties. ARTICLE XXXVIII — CITY RIGHTS 38.1 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. • Determine the procedure and standards of selection for employment; to direct its employees. • Maintain the efficiency of governmental operations. • Determine the methods, means and personnel by which government operations are to be conducted. ■ Take all necessary actions to carry out its mission in emergencies. • Exercise complete control and discretion in the technology of performing its work. • City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. 21 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 ARTICLE XXXIX — EMPLOYEE REPRESENTATION 39.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (hereinafter referred to as "AFSCME"), for the Maintenance and Operators Unit. The parties to this MOU acknowledge and agree that this MOU constitutes the results of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reach agreement are set forth in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment. The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A. 39.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 2011-51. 39.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF a. Union Membership — All employees covered by this Agreement shall have the opportunity to be a member of AFSCME. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement. A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting. b. Membership status shall remain in effect per the terms set forth in the AFSCME Membership Application. Only AFSCME members are afforded exclusive UNION membership rights. c. The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted. d. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of 22 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UN1I' 2020-2022 employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi- weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY. e. Payroll deductions shall be limited to the following choices: • Union Membership Dues ■ AFSCME Voluntary Political Action Check Off (PEOPLE) f. The Union will comply with its legal obligation regarding the administration of this section. Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article. 39.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate department head managing the facility or designee and shall include the date, location, time and general purpose of such meeting. The City may establish reasonable regulations governing the use of such facilities. 39.5 No City employee or applicant for employment shall be discriminated against in any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability. 39.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XL — GRIEVANCE PROCEDURE 40.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarification executed by AFSCME and the City. The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application, or enforcement of the 23 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 express terms of the MOU and other terms and conditions of employment and matters of discipline which includes demotion, suspension or discharge. As used in this procedure, the term "party" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the grievance procedure. 40.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: a. Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City. b. Discharge, demotion, suspension or discipline of an individual employee. Employees shall have the right to grieve letters of reprimand through the chain of command up to the Department Director or designee. The decision of the Department Director or designee is final and binding and not subject to further grievance. c. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa. 40.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the Grievance. 40.4 STEP TWO: If a grievance has not been resolved in initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days from the date of the answer in Step One. 40.5 STEP THREE: If a grievance is not resolved in Step Two, Step Three shall be the presentation of the Grievance, in writing, by the employee or his/her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in Step Two. 40.6 STEP FOUR: If a grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for the grievances and discipline. It is agreed by both parties that the MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five (5) arbitrators from which the City and AFSCME shall alternately strike names until one (1) name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five (5) arbitrators, the same request shall be made of the American Arbitration Association. To ensure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing 25 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing will be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing. The decision will be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to 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. 40.7 Failure by either party to meet any of the aforementioned time limits as set forth in Section 36.3, 36.4, 36.5, or 36.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 40.8 Employees may have documents (other than performance reports) relating to absenteeism and disciplinary actions removed from their personnel files if the incident prompting the action took place twenty-four (24) months or more previous and no incident of a similar nature has occurred in the interim. 40.9 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3. 40.10 Only AFSCME may appeal a grievance to arbitration. ARTICLE XLI — MUTUAL CONSENT CONTINGENCY 41.1 This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU. ARTICLE XLII — NO STRIKES 42.1 The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick -ins", or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU. A. MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 ARTICLE XLIII — PROBATIONARY PERIOD 43.1 All appointments to positions in the classified service shall be subject to a probationary period of 12 continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his or her new duties, assignments and responsibilities in his or her new position and for rejecting any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he or she has not satisfactorily completed probation. 43.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except: a. Vacation Leave — See Article XXIII for vacation schedule. b. The use of the Grievance Procedure to grieve termination. c, The City and the employee may mutually agree to extend the probationary period in increments up to 6 months. The total extended probationary period shall not exceed twelve (12) months. AFSCME must be notified of all extensions by Human Resources. 43.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position which he or she was promoted. The seniority and status of a rejected candidate shall continue as before. ARTICLE XLIV — PROMOTION 44.1 The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within, consistent with the best interest of the City. ARTICLE XLV — SENIORITY 45.1 Seniority is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is: a. inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights, b. on duty with the National Guard, C. is absent due to industrial injury, d. on leave of absence, or e. absent due to layoff for a period of less than twelve (12) consecutive months. 27 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 ARTICLE XLVI — SHOP STEWARDS 46.1 The AFSCME agrees to notify the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classifications and shall not interrupt the work of other employees. A steward may, with reasonable notice and the approval of his or her supervisor, leave the job during working hours for reasonable period to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his or her presence is necessary in the judgment of his or her supervisor for the safe conduct and efficiency of the operations in which he or she is engaged. ARTICLE XLVII — STATUS 47.1 Employees shall be designated as regular or probationary. a. A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration Article X (Probationary Period). b. A probationary employee is defined as an employee hired for a full time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he or she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve months of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee. ARTICLE XLVIII — TERM 48.1 The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and AFSCME. The term of this MOU shall cover the period from January 1, 2020 to December 31, 2022. 28 MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 CLASSIFICATION PLAN EXHIBIT A Maintenance & Operators Effective February 10, 2020 29 _ Annual Salary Lab:Title ;pb$tap 0 Step 1 Step 2 Step 3 Step A Code BUI LDI NG SERVICES SUPERVI SOR r 470 $ 56,21558 $ 59,026,26 $ 61,977.54 $ 65,076.52 $ 68,330.45 CHIEF WASTEWATER PLANT OPERATOR 4150 S 69r668A8 $ 73,151.84 $ 76,809.48 5 80,649.88 S 84,682.46 ENVIRONMENTAL CCMPLiANCEINSPECTOR 4160 $ 57,690.59 $ 60,575.13 $ 63,603.87 $ 66,784.07 $ 70,123.24 ENVIRONMENTAL COMP11ANCEINSPECTOR -A 4161 S 58,148.29 $ 61,055.63 $ 64,108.43 $ 67,313.80: $ _ 70,679.54 EQUTAMENTSERVICEWORKER-A 4001 5 42,842.80 $ 44,984.96 $ 47,234.20 $ 49,595.94 $ 52,075.77 EQUIPMENT SERVICE WORKER 4000 5 42,270.78 $ 44,384.30 $ _ 46,603.49 $' 48,933.66 $ 51,380.40 FACILITIES 1MATNTENANC£ WORKER 4055 $ 46,459.20 $ 48,782.13 _$ _ 51,221.28 �, 53,782.35 $ 56,471.44 FACIUTIES SUPERVISOR 4050 $ 58,774.82 S 61,713,58 $ 64,799.21 $ 68,039.22 S 71,441.10 F LEFT SERVICES SU PERVi SOR 4040 $ 64,169.07 $ 67,377.50 $ 70,746:A3 $ 74,283.77 $ 77,997.87 HEAVY EQUIPMENT MECHANIC 4020 $ 50,730.24 $ 53,266.79 $ 55,930.06 $ 58,726.56 $ 61,662.95 HEAVY EQUI PMENT MECHANIC A X4021 $ 53,018.54 S 55,669.57 $ 58,453.01 $ 61,375.63 S 64,444,43 LAB SUPERVISOR 4075 $ 69,668.48 S 73,151.90 $ 76,809.48 $ 80,649.95 5 84,682.46 LABORATORY TECHN;CI AN 1 4070 $ 45,951.64 S 48,249.30 $ 50,661.81 $ $3,194.91 $ 55,85.4.54 LASORATORYTECHNICIAN II 4071 $ 50,542.89 $ 53,070.01 $ S5172353 S 58,509.76 $ 51,435.15 LEAD EQUIPMENT MECHANIC - A 4011 S 58p91S4 $ 60,996.11 $ (.4,045,99 S 67,248.31 $ 70,610.70 LEAD EQUIPMENT MECHANIC r 4010 S 55,803.24 $ 58,593.45 $ 61,523.06 S 64,599.22 S 67,829.22 MAINTENANCE WORKER 4080 $ 40,235.59 $ 42,248.39 $ 44,360.10 S 46,577.91 5 48,908.92 MAINTENANCE WORKER II 4081 $ 44,251.75 S 46,464,42 S 48,787.64 $ 51,227.01 $ 53,788.32 .PLANT& EQUIPMENT MECHANIC 4130 $ 52,445.02 $ 55,066.27 $ 57,618.12 $ 60,708.08 $ 63,743.65 :PLANT&EQUIPMENTMECHANICA 4131 $ 56,942,52 $ 59,789.65 $ 62,779.16 $ 65,918.07 $ 69,213.97 PARK MAINTENANCE WORKER I 4110 $ 38,322.07 $ 40,238.23 $ 42,250.07 $ 44,362.59 $ 46,580.69 PARK MAINTENANCE WORKER II 4711 $ 42,150.35 S 44,257.74 5 46,470.67 S 48,794.17 $ 51,233.95 PARK MAI NTENANCE WORKER I I 14712 S 46,366:67 $ 48,710.18 S 51,119.22 $ 53,675.24 $ 56,358.97 PARK SUPERVISOR r 4740 $ 58,774.82 S 61,713.58 $ 64,799.21 $ 68,039.22 $ 71,441.10 PARTS CLERK 4030 $ 40,262.97 $ 42,276.09 $ 44,389.86 $ 46,609.47 $ 48,939.93 SENIOR STOREKEEPER 4140 $ 47,647.52 $ 50,029.85 $ 52,531.37 $ 55,157.93 $ 57,915.89 SERVICE WRITER 4035 $ 40,262.97 $ 42,276.09 $ 44,389.86 $ 46,609.47 $ 48,939.93 SR FACILITIES MAINTENANCE WORKER 4060 $ 51,105.04 $ 53,660.23 $ 56,343.26 $ 59,160.47 $ 62,118.56 'STREE MAINTENANCE WORKER II 4092 $ 45,281.61 $ 47,54558 $ 49,922.90 $ 52,418.99 $ 55,939.99 STREET MAINTENANCE WORKER 1 4082 $ 40,235.59 $ 42,248.39 $ 44,360.10 S 46,577.91 S 48,908.92 STREET MAINTENANCE WORKER I -A 4090 $ 41,267.22 $ 43,33053 $ 45,497.16 S 47,771.99 $ 50,16058 STREET MAINTENANCE WORKER II 4083 $ 44,251.75 $ 46,464.42 $ 48,787.64 S 51,277,01 . S $3,788.32 STREET MAINTENANCE WORKER III 4100 _ $ 48,682.37 $ 51,116.44 $ 53,672.20 $ 56,355.90 $ 59,173.67 .STREET MAINTENANCE WORKER III - A 4101 $ 50,169.76 $ 52,678.23 $ 55,312.15:$ 58,077.77:$ 60,981.63 STR£ET5UPERVISOR 4110 $ 61,706.21 $ 64,791.56 5 68,031.15 S 71A3262 $ 75,004.31 STREET SUPERVISOR 4111 $ 63,651,30 $ 66,833.85 S 70,17553 S 73,584,36 $ 77,368.58 TRAFFICSIGN WORKER 4120 $ 42,150.35 $ 44,257.74 5 46,470.67 $ 48,794.17 $ 51,233.95 WASTEWATER PLANT OPERATOR I F 4170 S 50,046.27 S 52,548.63 5 55,176.00 5 57,934.81 $ 60,631.58 WASTEWATER PI -ANT 0PERATOR I 4172 S S5r052.36 S 57,805.05 S 60,695.28 S 63,730.01 $ 66,916.47 WASTEWATER PLANT OPERATOR 111 4173 S 60,557.75 S 63585.52 S 66,764.74 $ 70,303.07 S 73,608.16 WATER PLANT OPERATOR II 4290 S 55,052.36 S 57,805.05 S 60.695.28 S 63,730.01 $ 66,916.47 WATER PLANT OPERATOR III r 4201 $ 60.557.75 S 63,585.52 S 66,764.74 S 70.103.07 $ 73,608.16 WATER/WASTEWATER MAI NTENACE WORKER I -A ' 4210 $ 41,614.36 $ 43,695)05 5 45,879.89 $ 48,173.77: $ 50,582.53 WATER/WASTEWATER MAI NTENACE WORKER 11 4211 $ 46,16654 $ 48,474AS $ 50,898.65 S 53,"t3.56 $ 56,115.73 WATER/WASTEWATER MAI NTENACE WORKER 111 4212 $ 48,682.37 $ 51,116.30 S 53,672.34 S 56,355.90 $ 59,173.67 WATER/WASTEWATER MAINTENANCE WORKER III -A 4213 $ 52.116,92 $ 54,722,90 $ 57,459.05 $ 69,331.88 $ 53,348.53 WATER/WASTEWATER MA NTERANCE WORKER! 4085 $ 40,23559 $ 42,248.39 $ 44,360.10 S 46,577.91 $ 48,908.92 WATERIWASTEWATER MAINTENANCE WORKER_ II 4086 $ 44,2S1,75 $ 46,464A2 S 48,787.64 $ 51,227.01 $ 53,788.3$ WATER/WASTEWATER SUPERVISOR 4180 $ 66,349,75 $ 69,669.90 $ 73,149.76 $ 76,809.48 S 80,650.72 WATER/WASTEWATERSUPERVISOR -A 4191 $ 71,866.11 $ 75,459.37 $ 79,232.79 S 83,193.96 S 87,353.65 WELDER -MECHANIC 4220 S 557,728.98 $ 53,267.35 $ 55,931.02 $ 58,727.38 $ 63.,553.51 29 MOU - CITY OF LODI AND APSCME MAINTENANCE AND OPERATORS UNIT 2020-2022 r—ffKadB Rmaire>asent—e mens 6*CK&•t M.istenarce Op—t— sed Genesi wdpaap Clmetbeetiwtz: P6HGe wont I alter QLMj km I ot TYe.La Mt Para I COI nMabberie I MiV-CMsi4mt� E4ibtEtar Pest ContrdR R uno Weter Servi—Temtl6.— e!4[vf Ctrli6C.ME5 retro Cet Kmtes ` "C.�6viwel CNalifie00. ice[ws CerStkot; 7nreMine :I.Ye CieesNceKcw,fitfe S. 0—• 171 1 02 1 03 1 04 1 T3 I T2 I T3 j 74 75 1 C1 I C7 I C3 I CA vi i ¢b-'_4aiNviign rlitle .R.Y.+iK'.veMs h� mI L 2%e � i46 _SG Pert;MisFtenefEte WefYsll ?.aSFk •}iat. 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COUNCIL 57 LOCAL 146 -AFL-CIO Jeremiah Miller, Chief Negotiator Date: Shawn Tallerico, Chapter President Date: Terri Lovell, Executive Vice President Date: Rodney Plamondon, Vice President Date: George Agnew, Treasurer Date: Kari Chadwick, Secretary Date: Thomas Gabriel, M&O Representative Date: Joseph Martinez, M&O Representative Date: Tosha Wiman, GS Representative Date: Rene Garcia, GS Representative Date: CITY OF LODI A MUNICIPAL CORPORATION Stephen Schwabauer, City Manager Date: Andrew Keys, Deputy City Manager Date: Adele Post, HR Manager Date: Approved As To Form: Janice D. Magdich, City Attorney (,\S Attest: Pamela M. Farris, Assistant City Clerk