HomeMy WebLinkAboutAgenda Report - January 5, 2022 H-04AGENDA ITEM va4
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding between the City
of Lodi and the International Brotherhood of Electrical Workers for the Period
January 1, 2022 through December 31, 2024
MEETING DATE: January 5, 2022
SUBMITTED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution approving the Memorandum of Understanding
between the City of Lodi and the International Brotherhood of
Electrical Workers for the period January 1, 2022 through December
31, 2024.
BACKGROUND INFORMATION: The prior MOU between the City and the International Brotherhood
of Electrical Workers (IBEW) expired on December 31, 2021.
Representatives from the City and IBEW have been negotiating
over the past six months and have reached a tentative agreement on a new Memorandum of
Understanding (MOU), subject to the approval of Council.
A redline strikeout version of the MOU is attached for Council review and approval. A summary of the
key changes to the MOU are as follows:
• The term of the MOU shall be from January 1, 2022 through December 31, 2024;
• General wage increase of thirteen percent (13%) over the term of the contract as follows:
o Five percent (5%) effective January 10, 2022;
o Four percent (4%) effective the first full pay period in January 2023; and
o Four percent (4%) effective the first full pay period January 2024.
• Additional equity adjustments for specific hard to fill positions as follows:
o Two percent (2%) effective January 10, 2022;
o One percent (1%) effective the first full pay period in January 2023; and
o One percent (1 %) effective the first full pay period in January 2024.
■ Implementation of standby program for 24x7/365 coverage;
• Increase City's contribution toward medical premiums effective January 1, 2022; and
• Increase annual maximum coverage for dental and add orthodontia coverage effective January 1,
2022.
Both the City and IBEW recognize the need to offer competitive salary and benefits to attract and retain
qualified employees. The City is facing significant recruitment challenges attracting qualified electric
utility employees. Wildfire mitigation and safety programs statewide have greatly increased the demand
for a qualified workforce to inspect, repair, and energize lines throughout the state. Qualified workers can
work through IBEW as freelance employees for agencies needing additional staff. The demand for work
is such that employees can work 12 hour days, 6-7 days per week, at a wage the City of Lodi could not
compete with. Competing agencies have offered substantial increases to their employees in an effort to
retain and attract a qualified electric utility workforce. Without the increases, the City runs a real risk of
losing employees and being unable to replace them with qualified electric utility employees. Additionally,
APPROVED: Andrew Keys for
Stephen Schwabauer, City Manager
providing additional wage adjustments for difficult to fill positions, the City will be in a much better position
to fill current vacancies and to retain our qualified workforce.
Staff recommends that the Council approve the MOU between the City and IBEW.
FISCAL IMPACT: The total long-term annual cost of the proposed agreement is $1,420,000.
The total cost of the term of the agreement is $3,320,000 as shown below.
Fiscal Year 2021/22
$400,000
Fiscal Year 2022/23
$950,000
Fiscal Year 2023/24
$1,260,000
Fiscal Year 2024/25*
710,000
Total Cost Over
Contract Term
$3,320,000
*The contract expires half way during FY 2024/25. Actual costs for FY 2024/25 are anticipated to be
$1,420,000 if the contract is unchanged for the second half of FY 2024/25.
FUNDING AVAILABLE: Budget adjustments for these increases may be needed at Mid Year Fiscal
Year 2021/22. Vacancy savings are the first source for funding the
increases for this and future employee contract changes in the coming
Fiscal Year.
Adele Post, Human Resources Manager
qA r
Andrew Keys (Dec 22, 202116:34 PST)
Andrew Keys, Deputy City Manager
Attachment
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF LODI
AND
LOCAL 1245
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
ELECTRIC UTILITY UNIT
January 1, 2022 — December 31, 20242019 December 31' 2021
Table of Contents
CHAPTER 1. SALARIES AND OTHER COMPENSATION
Article I Compensation for Illness or Injury Incurred in Course of employment ......1
Article II Court Appearances/Jury Duty..........................................................1
ArticleIII Overtime......................................................................................................2
ArticleIV Salary...........................................................................................................4
ArticleV Standby Duty................................................................................................6
Article VI Temporary Upgrade.....................................................................................7
Article VII Tools and Uniforms.....................................................................................8
Article VIII Tuition Reimbursement...............................................................................9
CHAPTER 2. LEAVES
Article IX
Catastrophic Leave.....................................................................................10
Article X
Bereavement Leave....................................................................................10
ArticleXI
Holidays.....................................................................................................10
Article XII
Leave of Absence.......................................................................................1
l
Article XIII
Sick Leave..................................................................................................1
l
ArticleXIV
Vacation.....................................................................................................12
CHAPTER 3. INSURANCE AND RETIREMENT
Article XV
Chiropractic Coverage...............................................................................13
Article XVI
Deferred Compensation.............................................................................13
Article XVII
Dental Insurance........................................................................................13
Article XVIII
Life Insurance.............................................................................................13
Article XIX
Long Term Disability.................................................................................13
Article XX
Medical Insurance......................................................................................14
Article XXI
Retirement..................................................................................................15
Article XXII
Sick Leave Conversion..............................................................................16
Article XXIII
Vision Insurance........................................................................................17
Article XXIV
Flexible Spending Account........................................................................17
CHAPTER 4. SAFETY
ArticleXXIV Safety.........................................................................................................18
CHAPTER 5. WORK HOURS, SCHEDULES, MEALS
ArticleXXV Hours..........................................................................................................20
Article XXVI Inclement Weather.....................................................................................21
ArticleXXVII Meals..........................................................................................................21
Article XXVIII Trouble Truck............................................................................................23
Article XXIX Electric Distribution Operator Relief Procedure Single Shift Plan ............ 24
Article XXX Electric Distribution Operator Procedure..................................................25
CHAPTER 6. ASSOCIATION/CITY ISSUES
Article XXXI
Changes in Memorandum of Understanding.............................................26
Article XXXII
City Rights.................................................................................................26
Article XXXIII
Demotion and layoff..................................................................................27
Article XXXIV
Drug and Alcohol Policy............................................................................27
Article XXXXV
Employee Representation..........................................................................27
Article XXXVI
Grievance Procedure..................................................................................30
Article XXXVII
Disciplinary Proceedings...........................................................................33
Article XXXVIII
Mutual Consent Clause..............................................................................36
Article XXXIX
No Strikes...................................................................................................36
Article XL
Policy Manual............................................................................................36
Article XLI
Probationary Period....................................................................................36
Article XLII
Rest Period.................................................................................................37
Article XLIII
Miscellaneous............................................................................................38
ArticleXLIV
Term...........................................................................................................39
Attachment A Salary Schedule..........................................................................................41
Attachment B Standby Pay Guidelines and Sample Schedule..........................................42
City of Lodi
And
International Brotherhood of Electrical Workers Local 1245
January 1, 2022 — December 31, 20244 -
Chapter 1. Salaries and Other Compensation
ARTICLE I - COMPENSATION FOR ILLNESS OR INJURY INCURRED IN
COURSE OF EMPLOYMENT
1.1 The City and the MEW Local 1245 mutually agree that when an employee is compelled to
be absent from work due to injuries or illness arising out of and in the course of his/her
employment, the City will pay full compensation to any represented employee who
becomes eligible for benefits under Workers' Compensation laws for the period of time
between the injury and the first day of eligibility for benefits. With the determination that
the injury or illness is compensable in accordance with Workers' Compensation benefit
criteria, the employee upon receiving said benefits paid by Workers' Compensation will also
receive compensation from the City in such an amount that when added to the Workers'
Compensation payment will equal his/her regular salary. The amount paid by the City will,
after the period from the date of injury and date of eligibility, at the employee's discretion be
charged to the employee's sick leave, vacation leave, or compensatory time off account.
Such choice shall be made at the time the time cards (electronic or paper) are turned in and
shall not be changed after being submitted. The employee's regular deductions shall be
made from the amount paid by the City.
ARTICLE II - COURT APPEARANCEs✓JuRY DUTY
2.1 The MEW Local 1245 concurs with the existing City policy which provides that no
deduction shall be made from the salary of an employee while on jury duty.
2.2 If an employee covered by this agreement-MOU is required by subpoena to appear in court
or to give a deposition as a result of an action taken within the scope of employment with
the City, that employee will receive his/her full pay while so doing with no loss of time if
he/she is on regular duty. If the employee is not on duty, the City agrees to compensate that
employee at one and ene i w o times his/her regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty employees,
the Electric Utility Director or his/her designee must be notified in writing of the off-duty
appearance within seventy-two hours after the employee is subpoenaed or otherwise
notified of the required court appearance.
2.3 Voluntary civil grand jury service such as that service in San Joaquin County is not covered
by Jury Duty leave.
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2022 - 2024
2.4 Swing and Graveyard Shift employees called in for jury duty for a second consecutive day
will be reassigned to the Day Shift, Monday through Friday for the remainder of the jury
duty.
ARTICLE III - OVERTIME
3.1 Overtime work is work performed by an employee at times other than those normally
required for his/her employment and includes time worked as follows:
in excess of forty hours in a work week;
2. in excess of nine hours in any work day;
time worked outside of regular hours of work on a work day;
4. time involved on non -work day; and
time worked on a holiday.
Overtime, except as provided for in Article V, Section 5.1 shall be compensated as follows:
27.—All-edker overtime pre -arranged and emergency, will be paid at the rate of two times
the straight time rate of pay. The time worked iof 12 eenseeu4ive hotffs an
employee'een4ii+aing ttatil the employee is dismissed from sueh work shall be paid at the fat
two fifnes the Any time worked on a holiday will
be paid at two times the employee's straht rate of pay.
3.2 The City may change the hours of work as stated in 26.1 after consultation with the
employees and the employee organization involved, provided however that no change or
alteration of hours or schedules will be made for the sole purpose of avoiding the payment
of overtime.
3.3 Employees who are required to report for work on their non -work days, or holidays, shall be
compensated at the overtime rate for actual hours worked, but in no event shall they be paid
for less than two hours.
3.4 Any employee reporting for prearranged work wholly outside of his/her regular hours on a
regular work day shall be compensated at the overtime rate for actual time worked, but in no
event shall he/she be paid for less than two hours.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
3.5 Any employee refusing to work on a holiday after having received forty-eight hours of such
work scheduling, and having failed to secure a replacement with management approval,
shall not be compensated for that holiday.
3.6 Overtime shall be distributed as equally as possible among those employees in the same
classification who voluntarily sign the biweekly overtime call -out list. The City reserves the
right for emergency call -out work to first call employees on the list who meet a 30 -minute
response time requirement. The City retains the right to call any qualified City employee to
fill in crews after the overtime list is exhausted. No employee shall be required to trade
time for the purpose of avoiding payment of overtime.
3.7 Employees may exchange work days with other employees in the same classification
provided:
both employees are agreeable to the exchange; and
2. neither employee work more than forty hours during the work week involved; and
the exchange receives management authorization.
3.8 When, at the request of the supervisor in charge, an employee reports for prearranged work:
On work days outside of his/her regular work hours he/she shall be paid overtime
compensation for actual work time in connection therewith, provided however, that if
any such employee continues to work into or beyond his/her regular work hours he/she
shall be paid overtime compensation only for actual work time up to his/her regular
work hours.
2. On non -work days or on holidays he/she shall be paid overtime compensation for
actual work time in connection therewith. For the purpose of this section prearranged
notice has been given by the end of his/her preceding work period on a work day.
3.9 Subject to the following limitations, any employee eligible for overtime pay may choose
to accept compensatory time off (CTO) in lieu of cash compensation for earned overtime.
CTO will be granted at the applicable overtime rate for each hour of overtime earned.
3.10 The maximum accumulation of CTO at any time shall be limited to 240 straight time
hours, but will be reduced to 120 hours and paid at the current regular rate of pay in the
first full pay period in January of each year. The employee may request to reduce his/her
accumulation to an amount below the mandatory reduction to 120 hours. In addition, an
employee may request pay off of any portion of his/her compensation on the first of April,
July and October. Employees may contribute a lump sum amount into their Deferred
Compensation plan in the same pay period in which they cash out their CTO, equivalent
to or less than the full CTO amount, subject to IRS contribution limits.
3.11 An employee shall decide whether earned overtime will be recorded as overtime, CTO, or
an equivalent combination, prior to submission of their next time card (electronic or
paper). Such decision shall be irrevocable subsequent to the submission of the time card.
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
3.12 An employee's request to use accumulated CTO shall be granted at the sole discretion of
the department supervisor with due consideration to both the wishes of the employee and
the efficient conduct of City business. Two working days' notice is required. However, if
the supervisor feels the workload is such that shorter notice is acceptable, he/she may
grant CTO accordingly.
ARTICLE IV - SALARY
4.1 Effective January 10, 2022J* 1, 2019, employees in the bargaining unit will receive a 51%
a general wage ^es*-�,,, adjustment. Effective with the first full pay period in calendar
year 20230, employees will receive a 4% general wageeest of living adjustment. Effective
with the first full pay period in calendar year 20244-, employees will receive a 4-3%enteral
wageeest-� adjustment.
4.2 The classifications listed below shall receive additional wage adjustments of 2% effective
January 10, 2022, a 1% wage adjustment effective with the first full pay period in calendar
year 2023, and a I% wage adjustment effective with the first full pay period in calendar year
2024:
Construction and Maintenance Supervisor:
Electric Foreman/Forewoman;
Electric Lineman/Linewoman;
Electric Lineman Apprentice I;
Electric Lineman Apprentice H;
Electric Troubleshooter; and
Troubleshooting Supervisor.
4.3-2 Lodi has entered into a separate agreement with the California — Nevada Joint
Apprenticeship Training Committee ("JATC") to provide training for Electric Line
Apprentices.
The Electric Line Apprentice program is intended to be a program of seven steps. An
Electric Line Apprentice I or II will be eligible for consideration for a merit increase upon
completion of 13 pay periods in a step, provided available workload provides appropriate
experience and provided further that the Electric Line Apprentice I or II is making normal
progress in training and testing. The Electric Line Apprentice I or II will advance from
step to step, when the Electric Utility Director or his/her designee determines that the
Electric Line Apprentice I or H has achieved the qualifications necessary for such
advancement and approvals are received pursuant to Lodi policies and procedures.
An Electric Line Apprentice I or II will be paid when working or training on-the-job in
the field.
2
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2022 - 2024
An Electric Line Apprentice I or II will be entitled to straight time pay for up to 40 hours
per week and for reasonable expenses in accordance with Lodi policies and procedures,
subject to approval, while training one week per year at JATC's facility. An Electric Line
Apprentice I or II will not be entitled to pay or expenses for weekend training at JATC
facilities.
Apprenticeship classroom training by Lodi personnel or at Lodi facilities will be on paid
time if during normal work -hours or unpaid if outside normal work -hours. Study will
normally be outside of work hours, and without pay, but the Electric Utility Director or
his/her designee may permit limited apprenticeship study during paid work -hours,
workload permitting, typically during inclement weather.
Electric Line Apprentices I or II are on probation at all times while they are classified as
Electric Line Apprentices I or II.
4.4-3 Effective the beginning of the pay period which includes January 1, 2015, the Rubber Glove
premium was incorporated into base pay and there shall be no additional premium pay for
Rubber Glove. The Rubber Glove premium shall become a job requirement of applicants
and incumbents currently receiving the premium, and as such, it will be incorporated into
salary. Job descriptions have been -444 -be updated to reflect this additional job requirement.
4.54 Those employees required to have a Class "A" commercial driver's license as part of their
employment will receivebe-given $600.00 per year Rgid bi-weekly.
a. Effective January 1, 20228eptex+beP2-0U, the following job classifications
no require a Class "A" commercial driver's license:
Substation Teehnieian Meter-ing Stu e
Eleetric eeter TFoublesheeting Supen,is&F
Groundworker Utility Equipment Specialist
Electric Line Apprentice Electric Lineman
Electric Foreman Construction/Maintenance Supervisor
The following om,.loyees who are Incumbents in classifications that do not require
a Class "A" commercial driver's license the above listed job elassifieatiens, who
have agreed to voluntarily maintain their Class "A" commercial driver's license in
accordance with City policy,. As sueh, those empleyeeS will receive $600.00 per
year for possession of a valid Class "A" commercial driver's license, paid bi-
weekly:,, Oetober- of each .
5
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
b. Employees represented by the IBEW Local 1245 and hired after August 1, 2008, in
9+e --classifications that require a Class "A" commercial driver's license of
T roof an4 :,,o_.,,,Y.. an-, will be required to obtain a valid Class "A" commercial
driver's license within one (1) year of their hire date (or as defined in their job
description). Following the issuance of a Class "A" license employees will receive
$600.00 per year (repaid bi-weekly effective the first pay period after the
date of issuance of license) for maintaining a Class "A" license and .,,,,,, ally eae
oar thereaf4e in accordance with City policy.
C. Loss of a valid Class "A" commercial driver's license will result in loss of the
stipend (pro -rated) until such time as the license is reinstated.
4.6 Employees designated by the Department Head and approved by the City Manager who
have passed a bilingual proficiency examination administered by the City shall receive a
monthly bilingual supplement of $150.00. The City Manager has the discretion in
determining the languages that will be recognized.
ARTICLE V - STANDBY DUTY
5.1 Employees assigned to standby duty for emergency calls shall receive straight time pay for
each standby period as follows:
Other
Electric Distribution
Employ
Operators
On work days
3 hours
3 hours
On non -work days
4 hours
3 hours
On observed holidays
8 hours
6 hours
December 24 (When Observed)
5 hours
4 hours
For call -outs related to paid standby duty, the employee will be compensated at the rate of
one and ene is wo times the straight rate of pay, with a two-hour minimum for the first
call, in addition to the appropriate standby pay (no offset). This applies to all types of
standby assignments. , when it beeemes neeessafy for- the employee on standby to
beeeme pat4 of a er-ew, he/she will be eempensated at the rate of two times the stfaight rate
of pay for- all houfs worked as a member- of stieh er-ew.
For purposes of this provision, a crew shall be defined as three or more employees engaged
in a common task.
When it becomes necessary to dispatch a crew to accomplish the emergency work, every
effort will be made to dispatch an entire crew so that the employee on standby duty can be
released from that situation and be available to respond to additional calls. if the Elee fie
11 ____ __ - _'- "--- ---"7 "--- -...> ----Y-"J-- "--- _.- r...._...._- "--- - _'two times the stfaight time fa4e of pay, eon*neneing at the time the last attempt was made to
-
0
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2022 - 2024
•��MW
fof: emer-geney woFk
M.
'No' ��
be paid only �qf: the fir-st eall otAside of stteh
employee's rvgplar- wofk
houfs on wogE days a
at a" time on his,�her- non wogE days; fi3r- s4seqtten4
ealls over -time
eompensation shall be
paid for- hisA4er- aetual woFk as herein pr-ovided.
ealls or- sueeessive ealls withou4 a break in wofk
For- the pufpose of
time shall be eonsider-ed
4iis seetion, e0fiettffe
as a single ea4
IN .1
11111
�11
•��MW
fof: emer-geney woFk
M.
'No' ��
The Standby Electric Distribution Operator and Electric Troubleshooter will be provided a
cell phone stipend or a City provided cell phone and must be available during their standby
duty by the answering service.
5.2 Employees assigned to standby duty (example: the Trouble Truck) on an observed holiday
shall receive eight hours straight time pay for that day in addition to the regular holiday pay.
Time worked on an emergency call shall be paid at the rate of one and one >7 ' w o times the
straight time rate of pay with a minimum of two hours (there will be no offset on standby
pay), subsequent calls will be paid for actual time worked.
5.3 if an emplo�ve assigned to standby duty is ealled
fof: emer-geney woFk
more than one
be paid only �qf: the fir-st eall otAside of stteh
employee's rvgplar- wofk
houfs on wogE days a
at a" time on his,�her- non wogE days; fi3r- s4seqtten4
ealls over -time
eompensation shall be
paid for- hisA4er- aetual woFk as herein pr-ovided.
ealls or- sueeessive ealls withou4 a break in wofk
For- the pufpose of
time shall be eonsider-ed
4iis seetion, e0fiettffe
as a single ea4
Employees assigned standby will rotate assignments as outlined in Attachment B.
Response time for Troubleshooters, Troubleshooting Supervisor, Electric Distribution
7
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Operator I/II, or Electric Distribution Supervisor shall be 30 minutes. All other employees
on standby must respond within 60 minutes.
ARTICLE VI - TEMPORARY UPGRADE
6.1 The City of Lodi and the IBEW Local 1245 mutually agree that any Electric Utility
Department employee temporarily assigned to a higher classification than their regular
classification shall receive a10%wage }e -ease -_ ile in this status. However-, in He e=e�IT
shall the tipgr-ade pay per- hourr exie�eeed the "E" step of the elassifieation to whieh th-e
employee is t ar-ily tipgr e the top rate of pay for the classification temporarily
asses. This provision shall only apply when such time worked is more than four hours
cumulative during an eight-hour period.
6.2 When, in accordance with Section 6.1 above, the City requests members of a line crew to
temporarily replace their foreman/forewoman and all members of the crew refuse to accept
the assignment, the City reserves the right to send these crew members home without pay, if
in the City's judgment, their safety or the satisfactory completion of their work depends
upon supervision by a qualified individual assuming foreman/forewoman responsibilities.
Normal crew work would resume when the City deems that adequate supervision is
available.
6.3 In the evefA a. . gr-aded in a two man er-ew situation the employee will rveeiv
50% pr-emittm for- all stteh time worked in exeess of fotff houfs dth-ing the nofmal work day.
646.3 All Electric Distribution Operator ][I's shall fill the Electric Distribution Operator Relief
position in a sequentially rotating manner to coincide with the regularly scheduled Monday
through Thursday Electric Distribution Operator.
ARTICLE VII - TOOLS AND UNIFORMS
7.1 The City and the IBEW Local 1245 mutually agree that the City will supply necessary tools
and equipment for employees in accordance with the following procedure.
Consistent with the needs of the employee as related to his/her job classification, and to aid
the employee in the performance of his/her work in a safe and efficient manner, the City
will provide the following list of basic hand tools, work gloves and equipment:
Skinning knife
Work gloves
Pliers, side cut
Screwdriver, 10"
Safety strap
Utility bag
Ruler, 6', wood
Hammer, claw
Wrench, adjustable 12"
Adjustable (pump) pliers 10"
Safety glasses
Rubber boots
Rain gear
Wrench, adjustable 8" or 10"
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
7.2 In addition, effective with the first quarterly payment following City Council approval of
the MOU, the City will provide a boot allowance of $500.00 per calendar year to all Electric
Lineman/Linewoman, Electric Foreman/Forewoman, Construction/Maintenance
Supervisor, Electric Troubleshooter and Troubleshooting Supervisor. In addition, the City
shall provide a boot allowance of $200.00 per calendar year for all other classifications.
This amoun The boot allowance will be paid quarterly as part of a regular pay check.
7.3 The -above tools described in Section 7.1 will be furnished in accordance with the following
controls:
Each employee will be responsible for the care, preservation, and proper use of tools
and equipment issued to him/her. Tools and equipment lost or damaged through
improper use will be replaced at the employee's expense.
All unsafe, broken, or worn out tools will be replaced on an exchange basis.
The Cil. shall provide uniforms for all field employees that conform to regulatory
standards. Newly hired employees in the following classifications will be provided with
nine (9) pairs of pants; twelve (12) shirts; two (2) sweatshirts/vests; and, one (1) jacket:
Construction & Maintenance S
Electric Lineman Apprentice UII
Electric Lineman/Linewoman
Electric Foreman
Electric Troubleshooter
Troubleshooting Supervisor
Substation/Metering Supervisor
Substation Technician
Electrician
Metering Technician
Utility Equipment Specialist
Electric Materials Technician
Utility Warehouse Supervisor
7.5 Damaged, torn or excessively worn uniforms will be replaced as needed. Upon separation
from employment with the Ci . , all City purchased uniform items that have the City of Lodi
loizo on them must be returned to the Citv.
0
or -WE RM. N RMIN I-
,.
,,.
The Cil. shall provide uniforms for all field employees that conform to regulatory
standards. Newly hired employees in the following classifications will be provided with
nine (9) pairs of pants; twelve (12) shirts; two (2) sweatshirts/vests; and, one (1) jacket:
Construction & Maintenance S
Electric Lineman Apprentice UII
Electric Lineman/Linewoman
Electric Foreman
Electric Troubleshooter
Troubleshooting Supervisor
Substation/Metering Supervisor
Substation Technician
Electrician
Metering Technician
Utility Equipment Specialist
Electric Materials Technician
Utility Warehouse Supervisor
7.5 Damaged, torn or excessively worn uniforms will be replaced as needed. Upon separation
from employment with the Ci . , all City purchased uniform items that have the City of Lodi
loizo on them must be returned to the Citv.
0
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
7.6 All new clothingpurchased after March 11, 2020 will have the 3 inch "City of Lodi Electric
Utility" Logo(s) added on left or right chest area and "IBEW Local 1245" in 3/4" block letter
on upper sleeve for union members in the appropriate thread to conform to regulatory
standards.
7.7 All on-line purchases must be approved by the Electric Utility Superintendent or
Department Head prior to ordering.
7.8 The Approved City of Lodi Electric Utility Logo must be visible and clearly identifiable at
all times throughout the course of the normal workday (avoid busy print clothing). All
sweatshirts, jackets, and traffic vests must have logos.
ARTICLE VIII - TUITION REIMBURSEMENT
8.1 Tuition reimbursement will be provided in accordance with the City's current Tuition
Reimbursement Policy.
8.2 The City will pay all cost of license fees, physicals and training required for licenses and
permits.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Chapter 2. Leaves
ARTICLE IX - CATASTROPHIC LEAVE
9.1 Catastrophic leave will be provided in accordance with the City's current Catastrophic
Leave Policy.
ARTICLE X - BEREAVEMENT LEAVE
10.1 Regular employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the deceased
may lie in state, the day of the funeral, and the time necessary to travel to and from the
location of the funeral, but not to exceed three working days.
The immediate family shall be limited to an employee's:
Spouse parent/step-parent/foster parent
grandparent/step-grandparent grandparent -in-law parent -in-law
child/step-child/foster child
daughter-in-law
grandchild
brother/half/step
son-in-law
sister/half/step
or a more distant relative who was a member of the employee's immediate household at the
time of death.
10.2 A pennaneatReular employees will be permitted to use sick leave, vacation leave, or
compensatory time off to attend the funeral of a person the employee may be reasonably
deemed to owe respect, but not to exceed one day.
ARTICLE XI - HOLIDAYS
11.1 Members of this unit will observe the following holidays:
New Year's Day
Martin Luther King Day
Memorial Day
Monday in M
Independence Day
Labor Day
*Thanksgiving Day
*Day After Thanksgiving
January 1
Yd Monday in January
4h Menday in M on observed holiday
July 4
1st Monday in September
4th Thursday in November
Friday after the 4' Thursday in Nov.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
*Christmas December 25
*Operations Division employees have until March 31St of the following calendar year in
which to use the last three fixed holidays (Thanksgiving Day, Day After Thanksgiving, and
Christmas).
If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls
on Sunday, the succeeding Monday shall be observed. In addition, if Christmas falls on
Wednesday, Thursday, or Friday, members shall have an additional one-half day off on
December 24th. Should Christmas Day fall on Tuesday, December 24th shall be observed
as a holiday.
For those members in the Operations Division (Electric Distribution Operator I/H and
Electric Distribution Operator Supervisor), overtime is paid for time worked on the above
listed holidays.
In addition, to the fixed holidays listed above, each employee will be granted five days of
floating holiday leave (40 hours for employees working 5/8 schedule, 45 hours for
employees working a 9/80 schedule, and 50 hours for employees working a 4/10 schedule)
to be taken off at a time mutually agreed upon between the employee and the Department
Head. Floating holiday leave shall be taken during the calendar year. Unused floating
holiday will be forfeited at the end of each calendar year.
11.2 Employees hired mid -year shall be credited with the remaining fixed holidays in the
calendar year, plus one additional holiday for each seventy-five days remaining in the year.
Employees separating from service mid -year shall have the remaining fixed holidays in the
calendar year plus one additional holiday for each seventy-five calendar days remaining in
the year deducted from their holiday leave balances.
11.3 The City agrees to make cash payment at rate of two times the regular rate of pay for
holiday work in addition to straight time holiday pay for any employee regularly scheduled
to work a holiday.
ARTICLE XII - LEAVE OF ABSENCE
12.1 Leaves of Absence will be provided in accordance with the City's current Leave of Absence
Policy.
ARTICLE XIII - SICK LEAVE
13.1 Full-time employees will accumulate sick leave with pay at the rate of 3.70 hours per pay
period.
13.2 Sick leave may be accumulated up to an unlimited amount.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
ARTICLE XIV - VACATION
14.1 Employees hired prior to January 1, 1995 shall accrue vacation as follows:
Hours Per
Pay Period
0 through 5 years:
3.08
(10 days per year)
6 through 11 years:
4.62
(15 days per year)
12 through 14 years:
5.24
(17 days per year)
15 through 20 years:
6.16
(20 days per year)
21 st year:
6.47
(21 days per year)
22nd year:
6.78
(22 days per year)
23rd year:
7.09
(23 days per year)
24th year:
7.40
(24 days per year)
25th year & Over:
7.71
(25 days per year)
Employees hired after January 1, 1995 shall accrue vacation as follows:
Hours Per
Pay Period
0 through 5 years: 3.08 (10 days per year)
6 through 11 years: 4.62 (15 days per year)
12 through 14 years: 5.24 (17 days per year)
15 through 20 years: 6.16 (20 days per year)
14.2 Vacations may be taken provided the following conditions are met:
1. there are no major scheduling problems in the judgment of the City;
2. a request is made at least forty-eight hours in advance; and
3. transportation to and from job site are the responsibility of the individual employee.
14.3 An employee who terminates employment for any reason during the first twelve months of
employment shall be entitled to a payoff for vacation hours earned.
14.4 The maximum amount of unused vacation hours that an employee may accrue, at any given
time is twice the employee's annual vacation entitlement unless authorized by the City
Manager.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Chapter 3. Insurance and Retirement
ARTICLE XV - CHIROPRACTIC COVERAGE
15.1 Chiropractic services may be received by employees and dependents through a chiropractic
insurance plan.
15.2 The City shall pay the full costs of premiums for chiropractic insurance for the employee
and dependent(s) during the term4fe of this MOUagr-eemet.
15.3 When any of such individuals changes their chiropractor or the chiropractor becomes a
medical provider under the City's medical plan, they shall utilize the medical plan's list of
providers and shall be subject to the terms and limitations of said plan.
ARTICLE XVI - DEFERRED COMPENSATION
16.1 The City agrees to match up to an employee's 3% contribution to the Deferred
Compensation Program.
16.2 Employees may contribute a lump sum amount into their Deferred Compensation plan in
the same pay period in which they cash out their CTO, equivalent to or less than the full
CTO amount, subject to IRS contribution limits.
ARTICLE XVII - DENTAL AND ORTHODONTIA INSURANCE
17.1 Employees and their dependents are provided fully paid dental and orthodontia insurance.
17.2 Maximum benefits are X008 -.W$1,250.00 for each family member enrolled in the dental
plan per calendar year. There is a $25.00 deductible plus co-insurance features.
17.3 Orthodontia benefits have a lifetime cap of $1,250.00 for each person covered under the
plan.
ARTICLE XVIII - LIFE INSURANCE
18.1 A life insurance program providing for two times annual salary to a maximum of $250,000.
Said benefits will reduce with age according to the reduction schedule of the life insurance
carrier. Coverage for dependents will also be provided according to the schedule available
from the carrier. This insurance is only applicable to active regular employees.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
18.2 The City agrees to pay the employee's premiums for the above mentioned life insurance
program.
ARTICLE XIX - LONG TERM DISABILITY
19.1 A long-term disability program which, coordinated with other disability benefits shall
provide a benefit of 66-2/3% to a maximum of $10,000.00 per month of the employee's
basic monthly earning in the event of disability. This program commences 120 days from
the date of disability. Please refer to the City's Policy on Long Term Disability.
19.2 The maximum length of coverage is three (3) years from date of disability.
ARTICLE XX - MEDICAL INSURANCE
20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan
available in Lodi through Ca1PERS and the parties shall meet and confer on a
replacement plan offering such an equivalent level of benefits.
20.2 All employees are offered medical insurance for themselves and dependents through
Ca1PERS-Medical Plans.
Effective January 1, 2022 9, the City shall pay a monthly maximum of the following
for each family category:
$ ,''�r$2,005.52 per month for Family
$4-$1,542.71 per month for Employee +1
$690.20- $771.35 per month for Employee only
If an employee elects a higher cost plan, employee will pay the difference as a payroll
deduction.
If an employee waives medical insurance through the City of Lodi, an additional:
$692.81 per month for family
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In order to
qualify for this provision, proof of group insurance must be provided to the City.
20.3 Employees shall be eligible for medical insurance the first day of the month following the
date the employee becomes a full-time regular employee of the City.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
20.4 Only one family member may carry employee and dependent coverage of City sponsored
medical insurance. The City will reimburse the employee for co-insurance payments on a
quarterly basis.
ARTICLE XXI - RETIREMENT
21.1 The City of Lodi provides retirement benefits through the Public Employees Retirement
System. Employees shall receive the following retirement benefits for employees deemed
to be "classic" employees by PERS:
Miscellaneous 2% @ 55 plan:
• 1957 Survivors Benefit
• Third Level 1959 Survivors Benefit (Section §21573)
• Improved Non -Industrial Disability Allowance (Section §21427). Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a
maximum 50% benefit.
• Post -Retirement Survivor Allowance (Section §21624)
• Credit for Unused Sick Leave (Section §20965)
• Military Service Credit as Public Service (Section §21024)
• Effective January 1, 2015, employee shall pay the full employee share of retirement
costs as calculated by PERS (7%) in its annual actuarial valuation. The City will
pay all of the employer's contribution.
21.2 Employees shall receive the following retirement benefits for employees deemed to be
"new" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA):
Miscellaneous 2% @ 62 plan:
• 1957 Survivors Benefit
• Third Level 1959 Survivors Benefit (Section §21573)
• Improved Non -Industrial Disability Allowance (Section §21427). Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a
maximum 50% benefit.
• Post -Retirement Survivor Allowance (Section §21624)
• Credit for Unused Sick Leave (Section §20965)
• Military Service Credit as Public Service (Section §21024)
• Effective January 1, 2015, employee shall pay the full employee share of retirement
costs as calculated by PERS in its annual actuarial valuation. The City will pay all
of the employer's contribution.
21.3 Effective the first full pay period in July 2020, employees in this bargaining unit, classic and
PEPRA, will enter into a cost-sharing agreement and agree to pay two percent (2%) of the
employer's normal share of cost. The cost-sharing will be implemented on a tiered basis
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
with 1% cost-sharing effective the first full pay period in July 2020 and an additional 1%
cost-sharing the first full pay period in January 2021 for a total of 2%.
21.4 The City agrees, at the employee's request, to provide an exit meeting for employees who
will be retiring. This meeting will be scheduled after the employee provides a 30 -day notice
to Human Resources of the employee's intent to retire. The exit meeting will discuss health
benefit options (COBRA), sick leave conversion (if applicable), information on obtaining
Ca1PERS benefit estimates; service and disability retirements, employee association
options, and any other benefits the employee is entitled to.
ARTICLE XXII - SICK LEAVE CONVERSION
22.1 For all unused sick leave, a represented employee with ten years of employment with the
City shall receive medical insurance coverage upon retirement (but not upon resignation or
termination) on the following basis: 50% of the dollar value of sick leave will be placed
into a bank to be used for medical insurance premiums for the employee and dependent.
For each year that an employee has been employed in excess of 10 years, 2 1/2% will be
added to the 50% for valuing the size of the bank.
Robert Smith retires with 20 years' service and 1800 hours of unused sick leave.
His monthly salary is $3,882.72 (24.64 per hour).
1800 X.75 X $24.64 = $33,264.00
This amount will be reduced each month by the current premium for the employee and
dependent until the balance is gone. In the event the retiree dies, the remaining bank will be
reduced by 50% and the survivor may use the bank until the balance is gone.
22.2 In the event an active employee dies before retirement and that employee is vested in the
sick leave conversion program, the surviving dependents have an interest in one-half of the
value of the bank as calculated in section 22.1. In accordance with the sick leave
conversion provisions, a surviving spouse may, at his/her own expense, continue medical
insurance at the employee only premium.
22.3 A surviving spouse of an unvested employee may, at his/her own expense, continue to
purchase medical insurance at the appropriate rate for a period of time equal to the time the
employee worked for the City.
22.4 Represented employees who retire on a service retirement shall have the option of
purchasing, at the employee's cost, additional medical insurance for the employee and
his/her spouse `„ffi. ient to ,-eae , ago 6-5
22.5 Out of area retirees may receive reimbursement for medical insurance premiums up to the
City's liability as specified in Section 22.1.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
22.6 The City has modified its contract with PERS to add credit for unused sick leave per
Government Code Section 20868.8. This benefit is available to all employees regardless
of date hired; however, it is the only sick leave conversion benefit available to employees
hired after January 1, 1995. It is agreed that eight hours equals one day for purposes of
determining days creditable. Employees who are eligible, may, for any of the options in
this section, utilize one or any combination of options provided that the total amount of
hours used does not exceed the amount of sick leave hours accumulated at the time of
employee's retirement."
ARTICLE XXIII - VISION INSURANCE
23.1 The City agrees to provide a vision care plan, equivalent to the VSP Plan B, with a $25.00
deductible for the employee and dependents; the entire premium to be paid by City.
ARTICLE XXIV — FLEXIBLE SPENDING ACCOUNT
24.1 The City will maintain a pre-tax "flexible spending account" to conform to IRS regulations
to be used for premium contributions, dependent care and/or un -reimbursable medical
payments for unit members. Effective in plan year 2022, the Medical Flexible Spending
Account (FSA) includes a carryover provision which allows an active participant to
automatically carryover up to 550 (carryover allowance may increase year to year
depending on plan provision) $500 to the new plan year. However, amounts over the
carryover allowance V500 would be forfeited after the final filing date, if left unclaimed.
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Chapter 4. Safety
ARTICLE XXV - SAFETY
25.1 The City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to insure this, such steps to include
but not be limited to:
1. conducting frequent inspections of job site operations;
2. taking necessary steps to protect against job hazards, both unsafe physical
conditions, including methods and processes, and unsafe actions of people;
3. continuing "tailgate" safety meetings on all jobs for the purpose of briefing
employees on the hazards connected with the work to be performed, to plan work
and to emphasize safety in the performance of the work;
4. continuing monthly safety meetings for the purpose of discussing matters related to
safety and to provide an opportunity for first aid training; and
5. continued management cooperation in the preparation of the agenda for such
meetings.
25.2 The MEW Local 1245 will cooperate with the City in providing speakers and materials for
safety meetings.
25.3 The Electric Utility Department shall hold monthly safety meetings for all bargaining unit
employees. Where it is unreasonable to bring all bargaining unit employees together at one
time, these meetings may be by sections. If because of shift work some personnel cannot
participate even in section meetings, they shall be given copies of the minutes of appropriate
meetings.
25.4 Each employee shall be provided with on-the-job training first aid. This program shall
include refresher training at 3 -year intervals.
25.5 Semiannual safety inspections shall be made of facilities, tools, and work areas by a
committee including at least three non -supervisory hourly employees appointed by the
IBEW Local 1245. The committee shall be free to schedule its own inspections but must
report at each monthly safety meeting. When necessary for the safety of the committee or to
explain technical problems in safety, a supervisor may be named to accompany the
committee, but he/she is not to influence its findings.
25.6 The City, through its supervisors, shall act promptly to correct any unsafe conditions that
may be reported by the committee.
25.7 The City agrees to provide safety glasses up to a maximum cost of $251.00 per pair as
required. A maximum of two pair of safety glasses will be provided by the City during
employment except as indicated in sections 24.9.2 and 24.10 below.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
25.8 All prescription safety glasses shall be purchased or serviced within the City of Lodi.
Employees shall have their choice of any local optometrist. The employee shall pay directly
to the optometrist any fees for prescription examination or related extra charges.
25.9 Prior to issuance of a replacement pair of prescription safety glasses for payment by the
City, the employee shall discuss with and receive approval from the immediate supervisor
and Department Head. The criteria for issuance of a replacement pair of safety glasses are
as follows:
1. If safety glasses are damaged due to an accident on the job, the safety glasses will
be replaced and paid for by the City.
2. If safety glasses are lost or damaged off the job, the employee will pay the total
amount for replacement.
3. If an employee requires a change of prescription for safety glasses, the employee
must submit a written statement from the eye doctor stating that the prescription
change is necessary.
4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a
replacement pair as specified above.
25.10 The following conditions on the part of any applicable employee shall be grounds for the
cost of the employee's issued safety glasses to be deducted from the employee's payroll
check after a determination of cost has been made by the City:
1. Where the city would be required to replace issued safety glasses due to abuse by
the employee.
2. Failure on the part of an applicable employee to wear or utilize issued safety
glasses unless otherwise agreed to in writing.
3. Failure on the part of an applicable employee to return issued safety glasses,
regardless of condition, upon separation from City service.
25.11 The City and IBEW mutually agree to move the discussion on Safety standards to an ad-
hoc committee and agree to conduct the initial committee meeting no later than 60 days
from ratification of this MOU. Should no mutual agreement be reached between the
parties on Safety standards, Article XXV - Safety will remain status quo for the term of
this MOU.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Chapter 5. Work Hours, Schedules, Meals
ARTICLE XXVI - HOURS
26.1 The City and the IBEW Local 1245 mutually agree that the regular hours of work for line
crew personnel shall be 7-886:30 a.m. to 12:00 Noon, and 12:30 p.m. to 3:003:38 p.m., and
the regular work days shall be Monday through Friday with Saturday and Sunday being
non -work days. The lunch hour may be commenced at any time between the fourth and
sixth work hour. Start and stop times may vary based on operational needs with advanced
nnfloo
26.2 All eight hour work periods regularly scheduled to begin at 4 a.m. or thereafter but before
12 o'clock noon shall be designated as day shifts. All eight hour work periods regularly
scheduled to begin at 12 o'clock noon or thereafter but before 8 p.m. shall be designated
as swing shifts. All eight hour work periods regularly scheduled to begin at 8 p.m. or
thereafter but before 4 a.m. shall be designated as graveyard shifts.
26.3 Alternate Work Schedule (9/80 or 4/10)
The Electric Utility offers alternative work schedules, IBEW members working in a
different department may not have the ability to work the alternate 4/10 work schedule.
The following defines the terms and conditions of the alternate work schedule known as
9-80.
• The normal workday is 6:307-1-00 a.m. to 4:00440 p.m. Monday through Thursday
with one half hour for lunch break and 6:307-.Wa.m. to 3:00340 p.m. on a Friday
workday with one half hour for lunch break.
• The work week shall be defined to begin and end each Friday at 11:00 a.m., or
after working 4 hours if the employee begins their scheduled work day before or
after 7:00 a.m. (for example, if the work day begins at 6:30 a.m., the work week
will end at 10:30 a.m.).
• The alternate work schedule (9-80) shall begin and end at pay period breaks. The
pay period is defined as the two week period beginning on a Monday at 0000
hours and ending on the Sunday 14 days later at 2400 hours.
• The employees participating in the alternate work schedule (9-80) will be placed
in two groups. Group One will have the first Friday in the pay period off
(payday). Group Two will have the second Friday in the pay period off.
Employees will be assigned to a group based on the operational needs of the
Electric Utility Department. Changes to assigned groups will be at the approval of
the Electric Utility Director.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
• It is agreed that the alternate work schedule will be terminated at any time (end of
pay period) in the event it causes a reduced level of service to the general public,
excessive overtime use, the inability to respond to the needs of the system or the
customer or for any other reason not in the best interest of the operation of the
Department.
The Electric Distribution Operators will not participate in the te to wo
s work a 4/10 alternate work schedule (consisting of four, ten hour days).
The Operations Center is staffed 7 days a week, 365 days a year, with employees
alternating workdays (Monday through Thursday or Thursday through Sunday).
Electric Distribution Operators are scheduled to work from 7:00 a.m. to 5:00 p.m.
on assigned working_days. The Electric Distribution Operators may not receive an
uninterrupted meal break and may be required to remain on-site due to staffing
levels and the nature of the work. Electric Distribution Operators shall be
compensated for ten hours per day, in lieu of an unpaid meal break.
• The alternate work schedule may be cancelled by either party effective at the end
of a pay period, but in no event later than the end of the next full pay period
following the cancellation request. During the waiting period every effort will be
made to resolve the issue or issues that caused the cancellation request.
26.4 The following defines the terms and conditions of the alternate work schedule
known as 4/10.
• Crews may work alternating 4/10 schedules to provide coverage Monday through Frida.
• 4/10 schedule consists of four consecutive workdays. of ten and one-half consecutive
hours each between the hours of (earliest start time,) and (latest end time), of which one-
half hour will be the unpaid meal break. The normal work schedule is Monday through
Thursday or Tuesday through Friday. (Start and stop hours may vary based on
operational need with advanced notice and may be 6:30 a.m. to 5:00 p.m., or 7:00 a.m. to
5:30 p.m. as examples)
• The workweek shall be defined to begin and end at 00:00 (midnight) each Sunday for
FLSA overtime purposes.
• The pay period is defined as the two-week period beginning on a Monday at 00:00 hours
and ending on the Sunday 14 days later at 24:00 hours.
• When staffing levels allow, the employees participating in the alternate work schedule
(4/10,) will be placed in two groups. Group one will work Monday through Thursday.
Group two will work Tuesday through Friday. Employees will be assigned to a group
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
based on the operational needs of the Electric Utility Department. Changes to assigned
groups will be at the approval of the Electric Utility Director.
• It is agreed that the alternate work schedule will be terminated at any time (end of pay
period) in the event it causes a reduced level of service to theeg neral public, excessive
overtime use, the inability to respond to the needs of the system or the customer or for
any other reason not in the best interest of the operation of the Department.
• The Electric Distribution Operators will not participate in the alternate work schedule.
• The alternate work schedule may be cancelled by either party effective at the end of a pay
period, but in no event later than the end of the next full pay period following the
cancellation request. During the waiting period every effort will be made to resolve the
issue or issues that caused the cancellation request.
ARTICLE XXVII - INCLEMENT WEATHER
27.1 The City will not require work on electric lines or outdoor substations (other than operating
functions) in inclement weather, except in cases of emergencies. When employees are
prohibited from performing their regular duties because of inclement weather, the City will
provide work which can be performed under protection from the weather. If the employee
elects to take the day off, they may use personal leave accruals for their absence.
Emergencies shall be deemed situations requiring work to prevent risk to life or property or
to maintain or restore continuity of regular service to the public.
ARTICLE XXVIII - MEALS
28.1 When required to work overtime, employees will be granted a $25.00 meal allowance. One
hour of pay will be provided in instances where a meal is missed.
When the City requires an employee to perform non -prearranged work on a work day
beginning more than one hour prior to the start of the normal work day, the City will
provide such employee with a meal allowance. Such meal allowance shall be considered
implemented two hours after reporting to work. The City shall continue to provide meal
allowances at four-hour intervals until the first such meal allowance falls within the normal
work day, then only one subsequent meal allowance shall be allowed. The time taken to
consume such meal shall be at the City's expense, except the second meal allowance during
the work day (regular work mode).
When the City requires an employee to perform non -prearranged work on a work day
extending the normal work day by two or more hours, the City will provide such employee
with a meal allowance at the two-hour point. The City shall continue to provide meal
allowances at four-hour intervals until the employee is dismissed from work. The time
taken to consume any such meal shall be at the City's expense.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
28.2 When the City requires an employee to perform non -prearranged work on non -work days,
the City will provide meal allowances at intervals of four hours. The first meal allowance
shall be four hours after the employee reports to work, providing time is allowed for an
employee to eat before reporting. If such time is not allowed, the first meal allowance shall
be two hours after reporting for work and at four-hour intervals thereafter. The time taken
to consume any meal shall be at the City's expense.
28.3 When an employee is required to perform prearranged work on non -work days during
regular work hours, the employee shall observe the lunch arrangements which prevail on the
normal work days. If such work continues after regular work hours, the City shall provide
meal allowances in accordance with the provisions of Section 27.1.
28.4 If the City requires an employee to perform prearranged work starting two or more hours
before regular work hours on work days or non -work days and such employee continues to
work into regular work hours, the employee shall provide for one meal on the job. The City
shall provide meal allowances for other meals as required by the duration of the work
period. The meals provided for in this section shall be eaten at approximately the usual
times therefore and the usual practice relating to lunch periods on work days shall prevail.
The usual times, therefore, shall be 6:00 a.m. - 12:00 noon - 6:30 p.m.
28.5 If the City requires an employee to perform prearranged work starting two or more hours
before regular work hours on a work day and such work is completed less than one hour
prior to the beginning of the normal work day, the City shall provide a meal allowance. The
time taken to consume any such meal shall be at the City's expense.
28.6 If the City requires an Electric Troubleshooter, Troubleshooting Supervisor or Electric
Distribution Operator to work four or more consecutive hours during a standby period the
City shall provide a meal allowance.
The City shall provide meal allowance(s) to the Electric Troubleshooter or Troubleshooting
Supervisor during the week of standby duty as follows:
On a Normal Workday
1. The break between the completed work (call -out) and the beginning of the
workday is less than one (1) hour.
2. The work (call -out) is continuous and extends the workday by more than
two (2) hours.
On Standby
An Electric Troubleshooter or Troubleshooting Supervisor in standby mode shall not
receive compensation for the time taken to eat any meal, normal workday compensation
excluded.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
28.7 For the purpose of this section prearranged work shall mean that the employee was notified
of the work prior to the end of the preceding work day.
ARTICLE XXIX - TROUBLE TRUCK
29.1 SHIFT SCHEDULES
The service truck (trouble truck) will normally be staffed with an Electric Troubleshooter or
a Troubleshooting Supervisor on a rotational shift basis. One of two shift schedules can be
utilized based on the needs of the department (see attached schedules). Each schedule has
an 'early shift' with working hours between 0700-1530 hours and a 'late shift' with work
hours shifted a maximum 2.5 hours to 0930-1800 hours. Both shifts have a one-half hour
lunch period included. Schedule A runs Monday through Friday for all three shifts with the
'late shift' being on standby duty outside the normal work hours.
Schedule B runs Monday through Friday for two shifts and Tuesday through Saturday for
the third shift with the late shift being on standby duty outside normal work hours. The
work hours on Saturday can be shifted to 0700-1530 hours by mutual consent between all
Electric Troubleshooters, Troubleshooting Supervisor, and the Electric Utility Director.
29.2 ELIGIBILITY
To be eligible and to remain eligible for the position of Electric Troubleshooter
Troubleshooting Supervisor, the employee must be able to respond to the center of Lodi
(City Hall) within 3020 minutes following receipt of a call for service.
29.3 SCHEDULED LEAVE
Scheduled leave will only be authorized for one Electric Troubleshooter or
Troubleshooting Supervisor at any one time, except for a hardship case.
Scheduled leave is defined to begin and end at the beginning of the normal workday and be
based on the dates shown on the Request for Leave form.
29.4 RELIEF
If the Electric Troubleshooter or Troubleshooting Supervisor scheduled for late shift and/or
standby duty is unable to report for work, the Electric Troubleshooter or Troubleshooting
Supervisor scheduled to work the following 'late shift' shall cover the shift or parts thereof
by shifting work hours to the 'late shift' schedule.
In the event the Electric Troubleshooter or Troubleshooting Supervisor "scheduled to work
the following 'late shift'," as used in the above relief procedure, is unable to cover the shift
or parts thereof, the Electric Troubleshooter or Troubleshooting Supervisor scheduled to
work the preceding 'late shift' shall cover the shift or parts thereof.
If no Electric Troubleshooter or Troubleshooting Supervisor is available for any shift, the
City shall offer the shift or parts thereof to Linemen/Linewomen that meet the eligibility
requirements of 3020 minutes response time and is at the E Step pay a in accordance with
the established call -out procedure, i.e. least overtime first.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Special Condition: B Schedule, Saturday
If the Electric Troubleshooter or Troubleshooting Supervisor scheduled for work on
Saturday is unable to report for work, work will not be performed. The Electric
Troubleshooter or Troubleshooting Supervisor scheduled to work the following 'late shift'
will have standby duty all Saturday.
ARTICLE XXX — ELECTRIC DISTRIBUTION OPERATOR RELIEF PROCEDURE
SINGLE -SHIFT PLAN
30.1 Requests for leave, other than an emergency, shall be submitted for approval a minimum of
five (5) working days prior to the first day of the requested leave. The shift of the operator
on leave shall be filled as follows:
A. Full Shift(s)
The Relief Operator will resume the operator's shift(s) on the operator's first "Regular
Day Off' prior to the leave, and continue working the shift(s) until the last day of the
operator's requested leave, i.e. last day of shift(s). At this time, the Relief Operator
will assume his/her regular schedule.
B. Less than a full shift, including Thursda3Ls. (Overlap day)
1. The Relief Operator will shift his/her hours to cover the leave Monday
through Wednesday.
2. Thursday shift will be covered by the Electric Distribution Operator
scheduled to work the following weekend. (Thursday through Sunday)
3. If the regularly scheduled weekend Electric Distribution Operator is
unable to report for work on Thursday or has taken scheduled leave, the
shift shall be covered by the Relief Operator regularly scheduled for that
week.
4. Weekend leave (Friday, Saturday and Sunday) shall be covered by the
"Regular Day Off' Utility Department Operations Division employee with
the least amount of accumulated overtime in that pay year at the time of
the request. If an employee declines to work the shift(s), it shall be
counted as a shift(s) worked for overtime record purposes. The assigned
supervisor will keep a record of all overtime hours on a pay year basis.
When the overtime totals are the same for the two employees to be called,
it shall be "Last Worked, Last Called." Note: Regular scheduled work on
a holiday shall not be considered as overtime for the purpose of
computing accumulated overtime.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
ARTICLE XXM - ELECTRIC DISTRIBUTION OPERATOR PROCEDURE
31.1 Phone calls on line 368-5735 (or other phone number designated for such purpose), under
normal conditions, will be answered by an answering service during the time period 1700-
0700 hours. The regular working hours for Electric Distribution Operators shall be from
7:00 a.m. to 5:00 p.m. (0700 — 1700). The answering service will dispatch an Electric
Troubleshooter or Troubleshooting Supervisor to the scene and he/she will investigate the
problem. If the Electric Troubleshooter determines that an Electric Distribution Operator is
necessary, he/she will contact the answering service and request that the Standby Electric
Distribution Operator be called. The Electric Troubleshooter will be in contact with the
answering service at all times via cell phone and/or radio. In addition, the Electric
Troubleshooter will be provided a cell phone stipend, or city provided cell phone, and must
be available during their standby duty by the answering service and/or the Standby Electric
Distribution Operator or other authorized personnel.
Once the Standby Electric Distribution Operator arrives at the Operations Center, he/she
will contact the answering service and report "on -duty." At this point, all established
operating procedures take effect, i.e. Electric Distribution Operator requests additional
people, conducts switching, prepares service tickets, maintains system log, etc. The Electric
Distribution Operator or Relief Operator will remain on duty until the system is back in an
"operational" " " status, with all power restored before control again -is turned over to
the answering service.
The Electric Troubleshooter or Troubleshooting Supervisor will record "time called" and
"time back home" on all calls in the time period during their standby hours. This
information is to be given to Operations the following morning, for preparation of proper
service tickets, etc.
Alarms will be grouped as electric and intrusion. These alarms will go to the answering
service. The answering service will call out appropriate personnel, based on a call -out list
provided by the respective departments. An intrusion alarm at the Operations Center shall
be reported to the Police Department followed by the Standby Operator.
In the event any of the alarms to the answering service are out of order at 1700 hours, the
Electric Distribution Operator will remain on duty. The Electric Distribution Operator will
likewise remain on duty until all trouble calls are completed, alarms cleared and the system
is in an "operational"status, with all power restored before transferring control to
the answering service unless otherwise directed by a supervisor. When transferring control
to the Electric Distribution Operator or Relief Operator, the answering service will advise as
to current status.
Employees should strive for a 30 -minute lunch break as conditions permit. A minimum of
one Electric Distribution Operator H or Electric Distribution Supervisor must be present at
all times, with the exception of a short period of time in which the employee must take the
radio with them (i.e., restroom, break room, etc.).
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Chapter 6. Association/City Issues
ARTICLE XXXII - CHANGES IN MEMORANDUM OF UNDERSTANDING
32.1 The parties agree to reopen this MOU and to renew Meeting and Conferring on the subjects
set forth herein during the term of this MOU only in the event that any provision of this
MOU is modified by statute, applicable regulation or by order of court in such a way as to
affect either the employees or the City. In such event, all remaining provisions of the MOU
would continue in full force and effect unless and until they were also modified by statute,
applicable regulation or order of court or agreement of the parties.
32.2 In the event that a court of competent jurisdiction declares invalid or unenforceable any
provision of this MOU, the remaining provisions shall continue in full force and effect.
ARTICLE XXXIII - CITY RIGHTS
33.1 It is further understood and agreed between the parties that nothing contained in this MOU
shall be construed to waive or reduce any rights of the City, which include, but are not
limited to the exclusive rights:
to determine the mission of its constituent departments, commissions and boards;
to set standards of service; to determine the procedures and standards of selection for
employment;
to direct its employees;
to maintain the efficiency of governmental operations;
to determine the methods, means and personnel by which government operations are to
be conducted;
to take all necessary actions to carry out its mission in emergencies; and
to exercise complete control and discretion and the technology of performing its work.
City rights also include the right to determine the procedures and standards of selection for
promotion, to relieve employees from duty because of lack of work or other legitimate
reasons, to take disciplinary action, and to determine the control of job classifications;
provided, however, that the exercise by the City of the rights in this paragraph does not
preclude employees or their recognized employee organizations from filing grievances
regarding the practical consequences that decisions on such matters may have on wages,
hours or terms and conditions of employment.
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
ARTICLE XXXIV - DEMOTION AND LAYOFF
34.1 The City and the 113EW Local 1245 mutually agree that when involuntary demotion and/or
layoff is required, the following shall be observed:
The City will give regular employees involved as much notice as
possible, but in no event will such employees be given less than one pay period
notice of layoff. When probationary employees are to be laid off, no notice of
layoff is required. Layoff in all cases due to lack of work will be determined by
an employee's length of service. An employee whose job is being eliminated
may elect to displace an employee who is in a lower classification within the
IBEW Local 1245 bargaining unit, if the position is within their classification
series, or the person has previously held the classification, and if his/her total
City length of service is greater than that of the employee in the lower
classification. In the event that a journeyman/journeywoman displaces an
apprentice, he/she shall continue to be paid as a journeyman/journeywoman.
ARTICLE XXXV - DRUG AND ALCOHOL POLICY
35.1 It is the mutual desire of both parties to have and maintain a drug and alcohol free work
environment.
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 International Brotherhood of Electrical Workers, Electric Utility Unit,
Local 1245 (hereinafter referred to as IBEW Local 1245).
The parties to this MOU acknowledge and agree that this MOU constitutes the result of
Meeting and Conferring in good faith as contemplated by Section 3500 et seq. of the
Government Code of the State of California, and further acknowledge and agree that all
matters upon which the parties reached agreement are set forth in this MOU. If the City
intends to change a matter within the scope of representation under the Meyers-Milias-
Brown Act (MMBA) which is not covered by this MOU, it shall notify the IBEW Local
1245. If the IBEW Local 1245 wishes to negotiate over such a matter, it shall notify the
City within ten (10) work days of notice, and the parties shall commence negotiations
within ten work days of the IBEW Local 1245's notification. If the IBEW Local 1245 does
not respond within ten work days of the City's notification, the City will have no further
obligation to negotiate over the matter.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
The terms and conditions of this MOU are applicable to those employees in bargaining unit
classifications represented by 113EW Local 1245. Those classifications are as follows:
• Construction/Maintenance Supervisor
• Electric Distribution Operator I
• Electric Distribution Operator H
• Electric Distribution Operator Supervisor
• Electric Foreman/Forewoman
• Electric Groundworker
• Electric Line Apprentice I
• Electric Line Apprentice II
• Electric Lineman/Linewoman
• Electric Materials Technician
• Electric Troubleshooter
• Electrical Engineering Technician
• Electrician
• Lead Electrician
• Metering Technician
• Senior Electrical Engineering Technician
• Substation Technician
• Substation/Metering Supervisor
• Troubleshooting Supervisor
• Utility Equipment Specialist
• Utility Warehouse Supervisor
The terms and conditions of this MOU are applicable to the above -enumerated classes
which constitute the Unit represented by the IBEW Local 1245.
36.2 Upon written notification from the Union of signed authorization by the employee, the City
shall deduct monthly membership dues or fees from the employee's wages and remit said
dues or fees to IBEW Local 1245.
The IBEW Local 1245 shall indemnify the City against any claims made and against any
suit instituted against the City by said employee for deductions of monthly dues or fees
based on reliance of information provided by the Union. In addition, the IBEW Local
1245 shall refund to the City any amounts paid to it in error upon presentation of supporting
evidence.
36.3 The City shall begin deductions of dues or fees in the amount prescribed by IBEW Local
1245 in the first full payroll period after receipt of written certification of employee
authorization from IBEW Local 1245. Deductions may be revoked only pursuant to the
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
terms of the employee's written authorization. The City shall direct employee requests to
cancel or change deductions to IBEW Local 1245 and shall rely on information provided by
IBEW Local 1245 regarding whether deduction for IBEW Local 1245 were properly
canceled or changed.
36.4 Changes in the IBEW Local 1245 membership dues rate shall be certified to the City in
writing over the signature of the Business Representative. The change will be implemented
in the first full payroll period after receipt of the notification.
36.5 The City and the IBEW Local 1245 agree and understand that if any section of the MOU in
any way conflicts with the terms and conditions of employment stated in other authorities,
such as personnel rules, administrative policy and procedure manual, city resolutions, or city
ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is
silent on any issue, the applicable document (i.e. policy manual) is controlling.
36.6 UNION SECURITY
INTRODUCTION
The following Union Security provisions shall apply to all employees in bargaining
unit classifications represented by the Union.
2. DUES/FEES
A. Any employee of the City of Lodi in a classification represented by the
Union who is not on leave of absence may, become a member of the
Union, or pay the Union a service fee in an amount not to exceed periodic
dues and general assessments of the Union. Such amounts shall be
determined by the Union and implemented by the City of Lodi in the first
payroll period after written notice of the new amount is received by the
City.
CHANGE OF LAW
In the event there is a change in the law whereby any provision hereof becomes
invalid or if for any reason any provision of this Article is rendered unlawful by
any published appellate court decision, the parties hereto shall meet -and -confer
within thirty (30) days to negotiate a substitute provision which conforms to said
law or court decision.
Successor Lan ug,_age — The City agrees to the following addition to the MOU:
36.7 This MOUAgr-eement shall be binding upon the successors, purchasers, conveyees,
transferees, leasees, and assignees (hereinafter "successors") of the City. In consideration
of the IBEW Local 1245's execution of this MOUagFeemefft, the City promises that its
operations covered by this MOUAgr-eemet, or any portion thereof, shall not be sold,
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
conveyed, transferred, leased or assigned to, or consolidated, or merged with, any
successor without first securing an enforceable agreement of the successor to assume the
City's obligations under this MOUagnent.
The City agrees to notify the MEW Local 1245 of any proposed sale, conveyance,
transfer, lease, assignment, consolidation or merger and to provide, and continue to
provide any and all information about the sale, conveyance, transfer, lease, assignment,
consolidation or merger, including a copy of the proposed legal document setting forth
the transaction in request. Such notification and information shall be provided at the
earliest time possible, but in any event, at least sixty (60) days prior to the effective date
of any agreement between the City and the proposed successor.
If the City: 1) Fails to timely notify the IBEW Local 1245 and provide the required
information; 2) Fails to allow an IBEW Local 1245 representative to be present at
negotiations involving the transaction in question; or 3) Fails to secure an enforceable
agreement of the successor to assume the City's obligations under this MOUA gfeement,
the City shall be liable to the IBEW Local 1245 and to the bargaining unit employees
covered by this MOUAgreement for any and all damages sustained by the IBEW Local
1245 and the bargaining unit employees for such failure.
ARTICLE XXXVII- - GRIEVANCE PROCEDURE
37.1 Disputes involving the following subjects shall be determined by the Grievance Procedures
established herein:
A. Interpretation or application of any of the terms of this MOUageefflent,
including Exhibits thereto, Letter of Agreement, and formal interpretations
and clarifications executed by IBEW Local 1245 and City.
B. Discharge, demotion, suspension, or discipline of an individual employee.
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
D. Disputes which may be of a "class action" nature filed on behalf of the
IBEW Local 1245 or the City.
37.2 Class action grievance will be in writing from the Business Representative to the City
Manager or vice versa.
37.3 STEP ONE
Discussion between the employee, the Shop Steward and/or Business Representative and
the Division Head or designated Supervisor directly involved, who will answer within
fifteen work days. This step shall be taken within thirty days of the date of the action
complained of, or the date the grievant became aware of the incident which is the basis of
the grievance.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
37.4 STEP TWO
If a grievance is not resolved in the initial step, the Step Two shall be a discussion between
the employee, Shop Steward and/or Business Representative and the Department Head who
shall answer within fifteen work days. This step shall be taken within fifteen work days of
the date of the immediate Supervisor's answer in Step One.
37.5 STEP THREE
If a grievance is not resolved in the Step Two, a committee will be called to investigate the
factual basis of the grievance. The committee shall consist of a representative of the City
Manager, the departmental supervisor, the Department Shop Steward and Business
Representative. Step Three shall be taken within fifteen work days of the date of the answer
in Step Two.
37.6 STEP FOUR
If a grievance is not resolved in Step Three, Step Four shall be the presentation of the
grievance, in writing, by the Business Representative to the City Manager, who shall
answer, in writing, within fifteen work days of receipt of the grievance. Step Four shall be
taken within fifteen work days of the date of the answer in Step Three.
37.7 STEP FIVE
If a grievance is not resolved by the City Manager, arbitration shall be the final step of
appeal for grievances and discipline. It is agreed by both parties that the decision of the
arbitrator is binding and final on both parties and that if this procedure is utilized all other
avenues of appeal are waived. If arbitration is chosen the City must be notified within
fifteen calendar days of the City Manager's decision.
Within ten calendar days after the request for arbitration is received by the City, or at a date
mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If
no agreement is reached at this meeting, the parties shall immediately and jointly request
the State Conciliation and Mediation Service to submit to them a panel of five arbitrators
from which the City and the IBEW Local 1245 shall alternately strike names until one name
remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service
cannot provide a list of five arbitrators, the same request shall be made of the American
Arbitration Association.
To insure that the arbitration process is as brief and economical as possible, the following
guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a
decision, opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape feeefdmake an audio
recording of the hearing.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
C. There shall be no official transcript required; however, either party
may utilize a court reporter at its own sole expense. The cost of a
court reporter required by an arbitrator shall be shared equally by the
parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is
sought and shall outline the MOU provisions governing arbitration.
It may contain mutually agreed on stipulations of fact and it may be
accompanied by any documents that the parties mutually agree shall
be submitted to the arbitrator in advance of the hearing which may
not necessarily be stipulations of fact. Further, if the parties
mutually agree, the entire matter may be submitted to arbitration for
review without hearing. Absent agreement to prepare a joint letter,
the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall
be informal.
f. The parties have the right to present and cross examine witnesses,
issue opening and closing statements, and file written closing briefs.
Testimony shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses
normally would be present at the hearing only while testifying and
should be permitted to testify only in the presence of the employee or
his/her representative and the employer's representative.
i. The arbitration hearing shall be held on the employer's premises.
j. The cost of arbitration shall be borne equally by the parties.
However, the cost, if any, of cancellation or postponement shall be
the financial responsibility of the party requesting such delay, unless
mutually agreed by the parties.
The decision, opinion, or award shall be based on the record developed by the parties before
the hearing. The decision shall be in writing and shall contain the crucial reasons
supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of this 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
this 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.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
37.8 Failure by either party to meet any of the aforementioned time limits as set forth in Sections
376.3, 376.4, 376.5, 376.6 or 376.7 will result in forfeiture by the failing party. Except,
however, that the aforementioned time limits may be extended by mutual agreement.
Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU,
nor shall such settlements be cited by either party as evidence in the settlement of
subsequent grievances.
37.9 Employees may have documents relating to absenteeism and disciplinary actions removed
from their personnel files if the incident prompting the action took place twenty-four
months or more previous and no incident of a similar nature has occurred in the interim.
ARTICLE XXXVIII — DISCIPLINARY PROCEEDINGS
38.1 The City Manager, Department Head, or designee may take disciplinary action against an
employee.
38.2 The considerations used in determining the type of disciplinary action shall be considered
on a case-by-case basis. Such considerations shall include, but not be limited to: the
employee's work history and performance record; the nature and severity of the infraction;
degree of orientation; and any extenuating factors.
38.3 The types of disciplinary action that may be taken shall include but not be limited to oral
reprimands, written reprimands, demotions, suspensions, reductions in pay and dismissal
from employment.
38.4 The City of Lodi practices a progressive disciplinary process. The process is subject, but
not limited to the considerations listed in 38.2, and shall be implemented on a case-by-case
basis. As a general guideline, the process of disciplinary action shall be in the following
order:
A. Verbal counseling or oral reprimand to determine the cause(s) or origin(s) for
lacking performance, and to encourage the employee to raise/maintain performance
at an acceptable level.
B. Written reprimand, which, if applicable, will include the performance level the
employee is expected to achieve/maintain.
C. Demotion, suspension, reduction in pay, and dismissal may be used separately,
concurrently, or in succession to other disciplinary actions.
38.5 A written notice shall be given to the employee of the following:
A. The reasons for the disciplinary action including what rules, regulations or policies
have been violated;
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
B. The effective date(s) of the disciplinary action; and
C. Any rights of appeal.
38.6 The following may be causes for disciplinary action. The purpose of specifying these
causes is to alert employees to the more common types of disciplinary issues. However, this
list is not all inclusive and other instances of unacceptable behavior may arise that are to be
included in this list.
A. Improper or unauthorized use or abuse of sick leave.
B. Inability to maintain regular and consistent attendance, which prevents reasonable
availability for assigned duties.
C. Absence without authorized leave; repeated tardiness to assigned work station; leaving
assigned work without authorization; failure to report to work after a leave of absence has
expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation of any City rule or policy.
E. Insubordination.
F. Acceptance of gifts or gratuities in connection with or relating to the employee's duties.
G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a verdict
of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or
any offense involving moral turpitude is deemed to be a conviction.
H. Fraud or the submission of false information related to employment application, payroll,
or any work-related record or report.
I. Soliciting outside work for personal gain during the conduct of city business; engaging in
outside employment for any business under contract with the City; or participating in any
outside employment that adversely affects the employee's city work performance; or
conducting personal business on city time.
J. Discourteous treatment of the public or city employees or disorderly conduct on city
property or on city business including fighting, or using profanity, intimidation, abusive
or threatening language.
K. Conduct that interferes with the reasonable management, operation, and discipline of the
city or any of its departments or divisions or failure to cooperate with superiors or fellow
employees.
L. Engaging in political activities while on duty, in uniform or using the authority associated
with city employment.
M. Violation or neglect of safety rules or practices.
N. Behavior, either during or outside duty hours, which is of such a nature that it causes
discredit to the city or one of its operating services.
O. Refusal or inability to improve job performance in accordance with written or verbal
direction after a reasonable trial period.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
P. Inefficiency, incompetence, or negligence in the performance of duties, including failure
to perform or complete assigned tasks or training, in a prompt, competent and reasonable
manner.
Q. Refusal to accept and carry out reasonable and proper assignment from an authorized
supervisor.
R. Intoxication, incapacity or possession or use of controlled substances or alcohol on City
property and/or at the worksite.
S. Failure to obtain or maintain possession of the minimum qualifications for the position.
T. Careless, negligent, or improper use of city property, equipment or funds, including
unauthorized removal, or use for private purpose, or use involving damage or
unreasonable risk of damage to property.
U. Unauthorized release or use of confidential information or official records.
V. Participation in an illegal strike, work stoppage, slowdown, or other job action against the
city.
W. Inability to perform the duties of his/her job.
X. Dishonesty
Y. Possession of firearms on the job (except for law enforcement personnel).
Z. Sleeping on the job.
AA. Theft.
BB. Retaliation for actions protected by law.
CC. Failure to report loss of or damage caused to city equipment and/or facilities for which
the employee was responsible.
DD. Threats of violence against city employees and/or city property.
EE. Violation of Fair Political Practices Act.
38.7 In the event of a demotion, suspension, reduction in pay or dismissal, and the affected
employee is not satisfied with the decision rendered by the City Manager, the employee may
appeal the decision by filing a written appeal with the Human Resources Department within
ten (10) work days following service of the final notice of disciplinary action. The written
appeal shall contain a written reply to the charges against the employee and a written
request for an appeal hearing.
38.8 If an employee submits an appeal, the City shall refer the appeal to arbitration in accordance
with step five of the grievance procedure in the MOU. In the case of a disciplinary appeal
under this article, the arbitrator's authority shall be limited in accordance with provisions of
step five and the parties' hearing stipulations.
ARTICLE XXMX - MUTUAL CONSENT CLAUSE
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
39.1 This MOU may be amended any time during its lifetime upon mutual consent of the City
and IBEW Local 1245. Such amendment must be in writing and attached to all executed
copies of this MOU.
ARTICLE XL - NO STRIKES
40.1 The represented employees agree that they will not strike, withhold services, engage in
"slow downs" or "sick -ins" or participate in any other concerted activity which adversely
affects job performance or City services during the term of this MOU.
ARTICLE XLI - POLICY MANUAL
41.1 City agrees to provide copies of Policy Manual to IBEW Local 1245 Shop Stewards and
two copies to the Business Representative of IBEW Local 1245 and to place those
individuals on the mailing list for any changes thereto.
ARTICLE XLII - PROBATIONARY PERIOD
42.1 All appointments to positions in the classified service shall be subject to probationary
period of 12 continuous months of service. The probationary period for promotions,
transfers, or temporary employees advanced to regular status who have served in a
temporary capacity for a minimum of six months shall all be six months and are eligible for
a merit increase at that time. The probationary period shall be regarded as an integral part
of the examination process and shall be used to closely observe the employee's work for
securing the most effective adjustment of an employee to his/her new duties, assignments
and responsibilities in his/her new position and for rejecting any probationary employee
whose performance does not meet required work standards. The salary range for Lineman/
Linewoman consists of 2 steps. Newly hired Linemen/Linewomen shall be paid at no lower
than the bottom step of the pay range upon employment and shall be advanced to the top
step after 13 pay periods.
42.2 During the probationary period, all new hires shall have all the rights and privileges
afforded to other employees, except:
1) The use of the Grievance Procedure to grieve termination.
2) The City and the employee may mutually agree to extend the probationary
period for not more than six months. The IBEW Local 1245 shall be notified
of all extensions.
42.3 The City will provide medical insurance to temporary employees. Temporary employees
shall be permitted to obtain dental and/or vision insurance coverage at group rates by the
employee paying the prevailing premiums. When a temporary employee is converted to
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
regular status, he/she shall receive credit for all time worked as a temporary employee
toward the probationary period.
ARTICLE XLIII - REST PERIOD
43.1 The City and the IBEW Local 1245 mutually agree that when an employee has worked for
eight hours or more at the overtime rate during the sixteen -hour period immediately
preceding the beginning of his/her regular work hours on a work day he/she shall be entitled
to a rest period of eight hours on the completion of such overtime work. When an
employee has worked for six or more hours at the overtime rate during the twelve hours
immediately preceding the beginning of his/her regular work hours on a work day he/she
shall be entitled to a rest period of six hours on the completion of such overtime work.
When an employee has worked for four or more hours at the overtime rate during the eight
hours immediately preceding the beginning of his/her regular work hours on a work day
he/she shall be entitled to a rest period of four hours on the completion of such overtime
work.
43.2 There shall be included as part of the hours worked at the overtime rate in any qualifying
period any meal time to which the employee is entitled when emergency or prearranged
work is performed, except that any meal time to which he/she is entitled after being
dismissed from work shall not be included in the computation of the rest period.
43.3 Hours worked prior to any rest period in which the employee does not work shall not be
included in computing another period of overtime work.
43.4 If the rest period in whole or in part overlaps the employee's regular work hours he/she will
receive pay at the straight rate for the extent of the overlap, except that the time taken during
such overlap for any meal to which he/she is entitled on dismissal shall be paid for at the
overtime rate.
43.5 If the employee is called back to work during any rest period a new rest period will
commence at the conclusion of such work.
43.6 If the rest period overlaps his/her regular work hours but does not extend into the second
half of his/her work day, the employee may be excused from reporting for work until the
beginning of the second half of his/her work day, and in such event he/she will be paid for
the time between the expiration of the rest period and the end of the first half of his/her
work day.
43.7 If the rest period extends into the second half of his/her work day, the employee may be
excused from reporting for work until the following work day, and in such event he/she will
be paid for the time between the expiration of the rest period and his/her regular quitting
time on such day.
39
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
43.8 In the application of the foregoing, an employee unless otherwise instructed, shall be
deemed to be excused from reporting to work for the period between the end of his/her rest
period and the reporting time as designated by the applicable subdivision.
43.9 An employee entitled to a rest period hereunder may nevertheless be required to work
during regular work hours on a work day without having had a rest period of four, six or
eight consecutive hours, as applicable, in which event he/she shall be paid at the overtime
rate for all work performed until he/she has been relieved from duty for at least four, six or
eight consecutive hours, as applicable. This section shall not apply to prearranged overtime
work.
43.10 For the purposes of this section, when an Electric Distribution Operator, assigned to the
swing shift works four or more hours during the previous day shift and completes his/her
regularly scheduled shift, the first eight hours worked will be paid at the straight time hourly
rate. All time worked in excess of eight hours shall be paid at the appropriate overtime rate
and meal provisions shall apply in accordance with Article XXVH.
ARTICLE XLIV — MISCELLANEOUS
44.1 Prior to any reduction in force of 11BEW Local 1245 represented employees, affected 11BEW
Local 1245 employees meeting the minimum qualifications of the jobs being contracted
will be offered any bargaining unit work being performed by contractors. These
assignments will be of a temporary nature. All current rules concerning bumping and
selection shall apply. For the purpose of this agreement, contracting occurs when temporary
non-IBEW Local 1245 employees are filling positions; outside contractors are performing
work in the MEW Local 1245 bargaining unit and cross -training is in effect. The City of
Lodi agrees to notify IBEW Local 1245 in each instance of its intent to contract MEW
Local 1245 bargaining unit work.
44.2 The City may employ Contract Workers, including linemen/linewomen and individuals in
other skilled trades represented by MEW Local 1245, from the dispatch hall of MEW Local
1245. The terms of such arrangements are as follows:
• Contract Workers will be referred from Local 1245's dispatch hall in Vacaville,
California upon request by the City.
• Contract Workers referred to the City shall only be assigned regular work within their
job classification unless agreed otherwise by Local 1245.
• The maximum period of retention shall be six (6) consecutive months unless the
parties agree in writing to waive this requirement in specific cases.
• Contract Workers shall be paid an hourly wage equal to the then -current wages for
their individual classification as established by Local 1245 for "Outside" workers.
Contract Workers shall also be paid a cash equivalent of the then current benefits in
M
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
place for such Outside employees as established by Local 1245. In addition, the City
shall pay the appropriate payroll taxes.
• The City shall, when appropriate, apply all other working conditions such as
overtime, meals, etc. that are currently provided for in thistle MOU. Preference for
overtime will be extended to "regular" City employees, and while the City may work
Contract Workers overtime, the City is under no obligation to balance overtime for
such individuals.
• The City shall not permanently reduce the number of bargaining unit employees
within any classification corresponding to the classifications of then current Contract
Workers retained under this agreement.
• The City shall have the right to review the background/qualifications of any potential
Contract Worker, including the right to interview same. The City may elect to not
retain or to terminate the use of any particular Contract Worker at any time for any
reason without recourse or liability.
44.3 The City of Lodi shall continue to provide IBEW Local 1245 with as much notice as is
practicable of technological changes in its business that may have a significant effect on its
work force. In such circumstances, the City of Lodi and the IBEW Local 1245 shall then
meet to study and endeavor to adopt appropriate solutions.
44.4 The City will provide a representative of IBEW Local 1245 access to attend a thirty (30)
minute portion of the new hire orientations, during which the MEW Local 1245
representative may meet privately with the group of newly hired MEW Local 1245
bargaining unit members. The City will provide IBEW Local 1245 at least ten days'
advance notice of any new employee orientation absent an urgent need critical to the City's
operations, in which case the City will provide as much advance notice to IBEW Local
1245 as possible.
44.5 Electric Utili . Management and IBEW agree participate in regularly scheduled Labor -
Management meetings. The purpose of these meetings is to maintain effective
communication between the parties and to discuss matters of mutual interest. These
meetings are not for the purpose of resolving formal grievances; however, issues of concern
should be discussed at these meetings in an effort to resolve before they rise to the level of a
formal grievance. The Labor -Management Committee shall be comprised of up to three
Electric Utili . Management staff, the Human Resources Manager, the IBEW Business
Representative, and up to four employee representatives. The meetings shall be conducted
quarterly, or more frequently as mutually agreed upon by both parties. The City and Union,
by mutual agreement, can cancel meetings as deemed appropriate. Each party has the
option to invite additional attendees as needed to address concerns of a specialized nature.
ARTICLE XLV - TERM
45.1 This MOU covers the period from January 1, 20229 through December 31, 20242424-.
41
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Effective January 1, X92022, and except as provided herein, the Memorandum of
Understanding ("MOU") between Local 1245, International Brotherhood of Electrical
Workers, Electric Utility Unit ("IBEW") and the City of Lodi ("City") shall cover the period
January 1, 20229 to December 31, 20240, and it shall continue thereafter from year
to year unless either parry shall give notice in writing to the other parry at least sixty (60)
days prior to any such anniversary date of its desire to amend or terminate same.
45.2 The parties mutually agree to commence negotiations no later than three (3) months prior to
the expiration of the MOU.
42
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
ATTACHMENT A
IBEW Salary Schedule, effective January 10, 2022
43
ANNUAL SALARY
EFFECTIVE DATE BU
CODE
JOB DESCRIPTION
0
1
2
3
4
01/10/2022 1
6500
ELEC GROUNDWRKR
$ 73,827.00
$ 77,517.18
$ 81,389.10
$ 85,468.76
$ 89,730.68
01/10/2022 1
6501
ELEC LINEAPR1
$ 88,217.48
$ 92,628.12
$ 97,259.50
$102,122.54
$107,228.42
01/10/2022 1
6502
ELEC LINEAPR 11
$117,951.86
$123,849.70
$ -
$ -
$ -
01/10/2022 1
6503
ELEC APP MECH
$ 93,368.60
$ 98,041.06
$102,968.06
$108,103.06
$113,531.34
01/10/2022 1
6504
ELEC LINEPERSON
$ -
$ -
$ -
$129,723.62
$136,237.66
01/10/2022 1
6505
ELEC FOREPERSON
$
$
$
$ -
$156,653.64
01/10/2022 1
6506
ELECTRICIAN
$
$
$
$106,945.46
$112,315.76
01/10/2022 1
6507
ELEC MTRLS TECH
$ 83,597.80
$ 87,776.52
$ 92,168.18
$ 96,775.64
$101,611.64
01/10/2022 1
6508
LEAD ELCTRICIAN
$ -
$ -
$ -
$ -
$123,547.84
01/10/2022 1
6509
ELEC DRFTG TECH
$ 78,681.20
$ 82,620.98
$ 86,739.64
$ 91,081.90
$ 95,637.36
01/10/2022 1
6511
ELEC TECH
$124,581.34
$130,808.60
$137,348.12
$144,214.46
$151,430.50
01/10/2022 1
6512
SR ELEC TECH
$137,291.70
$144,164.54
$151,358.74
$158,939.56
$166,875.80
01/10/2022 1
6513
DIST PLANNER
$107,393.52
$112,772.40
$118,411.54
$124,341.62
$130,544.44
01/10/2022 1
6514
DIST PLANNR SUP
$118,164.80
$124,048.08
$130,256.62
$136,784.18
$143,602.68
01/10/2022 1
6520
ELEC TRBLSHTR
$ -
$
$ -
$ -
$139,421.62
01/10/2022 1
6521
TRBLSHTNG SUPV
$ -
$
$ -
$ -
$156,653.64
01/10/2022 1
6530
UTIL EQUIP SPEC
$ 81,199.30
$ 85,271.42
$ 89,545.82
$ 94,010.28
$ 98,721.74
01/10/2022 1
6531
ELEC DIST OP 1
$112,083.40
$117,687.18
$123,968.52
$129,750.14
$136,237.66
01/10/2022 1
6532
ELEC DIST OP 11
$ -
$
$ -
$136,237.66
$143,049.66
01/10/2022 1
6535
ELEC DIST OP SU
$
$
$
$149,861.40
$157,368.12
01/10/2022 1
6540
METERING TECH
$
$
$
$ -
$121,987.32
01/10/2022 1
6550
CONST/MAINT SUP
$
$
$
$ -
$172,323.32
01/10/2022 1
6554
ELEC ENG TECH
$ 86,560.24
$ 90,874.16
$ 95,421.56
$100,202.96
$105,192.36
01/10/2022 1
6555
SR ELC ENG TECH
$ -
$ -
$ -
$ -
$124,974.20
01/10/2022 1
6560
SUB/METER SUPER
$
$ -
$ -
$172,323.32
01/10/2022 1
6565
SUBSTATION TECH
$
$ -
$ -
$144,214.46
$151,430.50
01/10/2022 1
6570
UT WARE SUPERV
$ 91,957.58
$ 96,554.12
$101,384.92
$106,452.84
$111,772.70
43
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Attachment B — Standby Pay Guidelines and sample schedule
Standby assignments will remain at the discretion of the Department Director based on
operational need.
Operations: No proposed change to Operations Standby Schedule (4 week rotation once fully
staffed with 3 Operator IIs and 1 Operations Supervisor)
Troubleshooters: No proposed change to Troubleshooting Standby Scheduled (3 week rotation
• Troubleshooting Supervisor will be the on-call Field Supervisor during his/her
normal week of on-call assignment
Substation Technicians and Substation/Metering Supervisor: The 2 Substation Technicians and
the Substation/Metering Supervisor will rotate Standby assignments (3 week rotation)
• Substation/Metering Supervisor will be the on-call Field Supervisor during his/her
normal week of on-call assignment
Linecrews and Construction/Maintenance Supervisor: the 3 Linecrews will rotate Standby
assignments (3 week rotation once fully staffed)
• Construction/Maintenance Supervisor will be the on-call Field Supervisor every
3rd week in rotation with the Troubleshooting Supervisor, and the
Substation/Metering Supervisor
• Apprentice, Journey level Linemen, and Foremen comprise this standby list for
linecrews
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2022 - 2024
On - Call Rotation Weekl Week2 Week3 Week4 Week5 Week6 Week7 Week8 Week9 Week10 Weekll Week12
OR
Operator 11 (3)
------------
Troubleshooting (3 week rotation)
TroubleshootingSupervisor x
x x x
x x
Troubleshooter x
x x x
x
Troubleshooter
x x x
x
Substation Technician 1
I
x
x
Substations (3 week rotation)
Construction Supervisor x
x x
Substation Supervisor
x
x
x
x
Substation Technician 1
I
x
x
ix
Journeyman 2 x x
x
Substation Technician 2 x
x
Apprentice 1 x x
x
x
Line Construction (3 week rotation)
Construction Supervisor x
x x
x
Foreman 1 x x
x
x
Journeyman 1 x x
x
x
Journeyman 2 x x
x
x
Apprentice 1 x x
x
x
Foreman 2 x
Ix I x I
Ix
Journeyman 3 x
x x
x
Journeyman 4 x
x x
x
Apprentice 2 x
x x
x
Foreman 3 x
x
x
Journeyman 5 x
x x
x
Journeyman 6 x
x x
x
Apprentice 3 x
x x
x
Key
On -Call Field Supervisor
Crew 1
Crew 2
Crew 3
45
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
I. B. E. W. - LOCAL 1245
ELECTRIC UTILITY UNIT
Robert Dean
Business Manager, IBEW
Date:
Sheila Lawton
Business Agent, IBEW
Date:
Rod Brown
Substation/Metering Supervisor
Date:
Jeremy Barlow
Construction and Maintenance Supervisor
Date:
Brent Sirkel
Electric Troubleshooter
Date:
Ryan Mahler
Electric Foreman
Date:
Michael Koinzan
Warehouse Supervisor
Date:
CITY OF LODI
A MUNICIPAL CORPORATION
Stephen Schwabauer
City Manager
Date:
Andrew Keys
Deputy City Manager
Date:
Adele Post
Human Resources Manager
Date:
APPROVED AS TO FORM:
—
Janice D. Magdich
City Attorney
Date:
Attest:
Jennifer Cusmir
City Clerk
Date:
RESOLUTION NO. 2022-12
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
MEMORANDUM OF UNDERSTANDING WITH THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
EFFECTIVE JANUARY 1, 2022 THROUGH DECEMBER 31, 2024
------------------------------------------------------------------------
------------------------------------------------------------------------
WHEREAS, representatives from the City and the International Brotherhood of Electrical
Workers, Local 1245 (IBEW) 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 IBEW to include the following:
• Term: January 1, 2022 to December 31, 2024;
• General wage increase over the term of the contract as follows:
o Five percent (5%) effective January 10, 2022;
o Four percent (4%) effective the first full pay period in January 2023; and
o Four percent (4%) effective the first full pay period January 2024.
• Additional equity adjustments for specific hard -to -fill positions as follows:
o Two percent (2%) effective January 10, 2022;
o One percent (1 %) effective the first full pay period in January 2023; and
o One percent (1%) effective the first full pay period in January 2024.
• Increase City contribution to medical premiums effective January 1, 2022;
• Increase annual maximum dental coverage and include orthodontia coverage effective
January 1, 2022;
• Standby schedule to provide 24x7/365 coverage.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and IBEW,
effective January 1, 2022 through December 31, 2024.
Date: January 5, 2022
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2022-12 was passed and adopted by the Lodi City
Council in a regular meeting held January 5, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
IA"7416v
)J4ENNIFCUSMIR
City Clerk
2022-12
-'
EE�X-H---IsIT R
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF LODI
`r
LOCAL 1245
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
ELECTRIC UTILITY UNIT
January 1, 2022 — December 31, 2024
Table of Contents
CHAPTER 1. SALARIES AND OTHER COMPENSATION
Article I Compensation for Illness or Injury Incurred in Course of employment ......I
Article II Court Appearances/Jury Duty..........................................................1
ArticleIII Overtime......................................................................................................2
ArticleIV Salary...........................................................................................................4
ArticleV Standby Duty................................................................................................6
Article VI Temporary Upgrade.....................................................................................6
Article VII Tools and Uniforms.....................................................................................7
Article VIII Tuition Reimbursement...............................................................................8
CHAPTER 2. LEAVES
Article IX
Catastrophic Leave.......................................................................................9
Article X
Bereavement Leave......................................................................................9
ArticleXI
Holidays.......................................................................................................9
Article XII
Leave of Absence.......................................................................................10
Article XIII
Sick Leave..................................................................................................10
ArticleXIV
Vacation..................................................................................................... I 1
CHAPTER 3. INSURANCE AND RETIREMENT
Article XV
Chiropractic Coverage...............................................................................12
Article XVI
Deferred Compensation.............................................................................12
Article XVII
Dental and Orthodontia Insurance.............................................................12
Article XVIII
Life Insurance.............................................................................................12
Article XIX
Long Term Disability.................................................................................13
ArticleXX
Medical Insurance......................................................................................13
Article XXI
Retirement..................................................................................................14
Article XXII
Sick Leave Conversion..............................................................................15
Article XXIII
Vision Insurance........................................................................................16
Article XXIV
Flexible Spending Account........................................................................16
CHAPTER 4. SAFETY
ArticleXXIV Safety.........................................................................................................17
CHAPTER 5. WORK HOURS, SCHEDULES, MEALS
ArticleXXV Hours..........................................................................................................19
Article XXVI Inclement Weather.....................................................................................21
ArticleXXVII Meals..........................................................................................................21
Article XXVIII Trouble Truck............................................................................................23
Article XXIX Electric Distribution Operator Relief Procedure Single Shift Plan ............ 24
Article XXX Electric Distribution Operator Procedure..................................................25
Article XXXI
Article XXXII
Article XXXIII
Article XXXIV
Article XXXXV
Article XXXVI
Article XXXVII
Article XXXVIII
Article XXXIX
Article XL
Article XLI
Article XLII
Article XLIII
Article XLIV
Attachment A
Attachment B
CHAPTER 6. ASSOCIATIONXITY ISSUES
Changes in Memorandum of Understanding
.............................................27
CityRights.................................................................................................27
Demotion and layoff..................................................................................28
Drug and Alcohol Policy............................................................................28
Employee Representation..........................................................................28
Grievance Procedure..................................................................................31
Disciplinary Proceedings..................................:........................................34
Mutual Consent Clause..............................................................................36
NoStrikes...................................................................................................37
PolicyManual............................................................................................37
Probationary Period....................................................................................37
RestPeriod.................................................................................................38
Miscellaneous............................................................................................39
Term...........................................................................................................40
SalarySchedule..........................................................................................42
Standby Pay Guidelines and Sample Schedule..........................................43
City of Lodi
And
International Brotherhood of Electrical Workers Local 1245
January 1, 2022 — December 31, 2024
Chapter 1. Salaries and Other Compensation
ARTICLE I - COMPENSATION FOR ILLNESS OR INJURY INCURRED IN
COURSE OF EMPLOYMENT
1.1 The City and the IBEW Local 1245 mutually agree that when an employee is compelled to
be absent from work due to injuries or illness arising out of and in the course of his/her
employment, the City will pay full compensation to any represented employee who
becomes eligible for benefits under Workers' Compensation laws for the period of time
between the injury and the first day of eligibility for benefits. With the determination that
the injury or illness is compensable in accordance with Workers' Compensation benefit
criteria, the employee upon receiving said benefits paid by Workers' Compensation will also
receive compensation from the City in such an amount that when added to the Workers'
Compensation payment will equal his/her regular salary. The amount paid by the City will,
after the period from the date of injury and date of eligibility, at the employee's discretion be
charged to the employee's sick leave, vacation leave, or compensatory time off account.
Such choice shall be made at the time the time cards (electronic or paper) are turned in and
shall not be changed after being submitted. The employee's regular deductions shall be
made from the amount paid by the City.
ARTICLE II - COURT APPEARANCES/JuRY DUTY
2.1 The IBEW Local 1245 concurs with the existing City policy which provides that no
deduction shall be made from the salary of an employee while on jury duty.
2.2 If an employee covered by this MOU is required by subpoena to appear in court or to give a
deposition as a result of an action taken within the scope of employment with the City, that
employee will receive his/her full pay while so doing with no loss of time if he/she is on
regular duty. If the employee is not on duty, the City agrees to compensate that employee at
two times his/her regular pay for the time spent in any appearance as required by this
Article. As a prerequisite for payment to off-duty employees, the Electric Utility Director or
his/her designee must be notified in writing of the off-duty appearance within seventy-two
hours after the employee is subpoenaed or otherwise notified of the required court
appearance.
2.3 Voluntary civil grand jury service such as that service in San Joaquin County is not covered
by Jury Duty leave.
1
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
2.4 Swing and Graveyard Shift employees called in for jury duty for a second consecutive day
will be reassigned to the Day Shift, Monday through Friday for the remainder of the jury
duty.
ARTICLE III - OVERTIME
3.1 Overtime work is work performed by an employee at times other than those normally
required for his/her employment and includes time worked as follows:
1. in excess of forty hours in a work week;
2. in excess of nine hours in any work day;
3. time worked outside of regular hours of work on a work day;
4. time involved on non -work day; and
5. time worked on a holiday.
Overtime, except as provided for in Article V, Section 5.1 shall be compensated as follows:
All overtime, pre -arranged and emergency, will be paid at the rate of two times the straight
time rate of pay. Any time worked on a holiday will be paid at two times the employee's
straight rate of pay.
3.2 The City may change the hours of work as stated in 26.1 after consultation with the
employees and the employee organization involved, provided however that no change or
alteration of hours or schedules will be made for the sole purpose of avoiding the payment
of overtime.
3.3 Employees who are required to report for work on their non -work days, or holidays, shall be
compensated at the overtime rate for actual hours worked, but in no event shall they be paid
for less than two hours.
3.4 Any employee reporting for prearranged work wholly outside of his/her regular hours on a
regular work day shall be compensated at the overtime rate for actual time worked, but in no
event shall he/she be paid for less than two hours.
3.5 Any employee refusing to work on a holiday after having received forty-eight hours of such
work scheduling, and having failed to secure a replacement with management approval,
shall not be compensated for that holiday.
3.6 Overtime shall be distributed as equally as possible among those employees in the same
classification who voluntarily sign the biweekly overtime call -out list. The City reserves the
right for emergency call -out work to first call employees on the list who meet a 30 -minute
response time requirement. The City retains the right to call any qualified City employee to
2
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
fill in crews after the overtime list is exhausted. No employee shall be required to trade
time for the purpose of avoiding payment of overtime.
3.7 Employees may exchange work days with other employees in the same classification
provided:
1. both employees are agreeable to the exchange; and
2. neither employee work more than forty hours during the work week involved; and
3. the exchange receives management authorization.
3.8 When, at the request of the supervisor in charge, an employee reports for prearranged work:
1. On work days outside of his/her regular work hours he/she shall be paid overtime
compensation for actual work time in connection therewith, provided however, that if
any such employee continues to work into or beyond his/her regular work hours he/she
shall be paid overtime compensation only for actual work time up to his/her regular
work hours.
2. On non -work days or on holidays he/she shall be paid overtime compensation for
actual work time in connection therewith. For the purpose of this section prearranged
notice has been given by the end of his/her preceding work period on a work day.
3.9 Subject to the following limitations, any employee eligible for overtime pay may choose
to accept compensatory time off (CTO) in lieu of cash compensation for earned overtime.
CTO will be granted at the applicable overtime rate for each hour of overtime earned.
3.10 The maximum accumulation of CTO at any time shall be limited to 240 straight time
hours, but will be reduced to 120 hours and paid at the current regular rate of pay in the
first full pay period in January of each year. The employee may request to reduce his/her
accumulation to an amount below the mandatory reduction to 120 hours. In addition, an
employee may request pay off of any portion of his/her compensation on the first of April,
July and October. Employees may contribute a lump sum amount into their Deferred
Compensation plan in the same pay period in which they cash out their CTO, equivalent
to or less than the full CTO amount, subject to fRS contribution limits.
3.11 An employee shall decide whether earned overtime will be recorded as overtime, CTO, or
an equivalent combination, prior to submission of their next time card (electronic or
paper). Such decision shall be irrevocable subsequent to the submission of the time card.
3.12 An employee's request to use accumulated CTO shall be granted at the sole discretion of
the department supervisor with due consideration to both the wishes of the employee and
the efficient conduct of City business. Two working days' notice is required. However, if
the supervisor feels the workload is such that shorter notice is acceptable, he/she may
grant CTO accordingly.
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
ARTICLE IV - SALARY
4.1 Effective January 10, 2022, employees in the bargaining unit will receive a 5% a general
wage adjustment. Effective with the first full pay period in calendar year 2023, employees
will receive a 4% general wage adjustment. Effective with the first full pay period in
calendar year 2024, employees will receive a 4% general wage adjustment.
4.2 The classifications listed below shall receive additional wage adjustments of 2% effective
January 10, 2022, a 1% wage adjustment effective with the first full pay period in calendar
year 2023, and a I% wage adjustment effective with the first full pay period in calendar year
2024:
Construction and Maintenance Supervisor;
Electric Foreman/Forewoman;
Electric Lineman/Linewoman;
Electric Lineman Apprentice I;
Electric Lineman Apprentice II;
Electric Troubleshooter; and
Troubleshooting Supervisor.
4.3 Lodi has entered into a separate agreement with the California — Nevada Joint
Apprenticeship Training Committee ("JATC") to provide training for Electric Line
Apprentices.
The Electric Line Apprentice program is intended to be a program of seven steps. An
Electric Line Apprentice I or II will be eligible for consideration for a merit increase upon
completion of 13 pay periods in a step, provided available workload provides appropriate
experience and provided further that the Electric Line Apprentice I or II is making normal
progress in training and testing. The Electric Line Apprentice I or II will advance from
step to step, when the Electric Utility Director or his/her designee determines that the
Electric Line Apprentice I or II has achieved the qualifications necessary for such
advancement and approvals are received pursuant to Lodi policies and procedures.
An Electric Line Apprentice I or II will be paid when working or training on-the-job in
the field.
An Electric Line Apprentice I or II will be entitled to straight time pay for up to 40 hours
per week and for reasonable expenses in accordance with Lodi policies and procedures,
subject to approval, while training one week per year at JATC's facility. An Electric Line
Apprentice I or II will not be entitled to pay or expenses for weekend training at JATC
facilities.
Apprenticeship classroom training by Lodi personnel or at Lodi facilities will be on paid
time if during normal work -hours or unpaid if outside normal work -hours. Study will
normally be outside of work hours, and without pay, but the Electric Utility Director or
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
his/her designee may permit limited apprenticeship study during paid work -hours,
workload permitting, typically during inclement weather.
Electric Line Apprentices I or 11 are on probation at all times while they are classified as
Electric Line Apprentices I or II.
4.4 Effective the beginning of the pay period which includes January 1, 2015, the Rubber Glove
premium was incorporated into base pay and there shall be no additional premium pay for
Rubber Glove. The Rubber Glove premium shall become a job requirement of applicants
and incumbents currently receiving the premium, and as such, it will be incorporated into
salary. Job descriptions have been updated to reflect this additional job requirement.
4.5 Those employees required to have a Class "A" commercial driver's license as part of their
employment will receive $600.00 per year, paid bi-weekly.
a. Effective January 1, 2022, the following job classifications require a Class "A"
commercial driver's license:
Groundworker Utility Equipment Specialist
Electric Line Apprentice Electric Lineman
Electric Foreman Construction/Maintenance Supervisor
Incumbents in classifications that do not require a Class "A" commercial driver's
license , who have agreed to voluntarily maintain their Class "A" commercial
driver's license in accordance with City policy, will receive $600.00 per year for
possession of a valid Class "A" commercial driver's license, paid bi-weekly.
b. Employees represented by the 113EW Local 1245 and hired after August 1, 2008, in
classifications that require a Class "A" commercial driver's license will be required
to obtain a valid Class "A" commercial driver's license within one (1) year of their
hire date (or as defined in their job description). Following the issuance of a Class
"A" license employees will receive $600.00 per year (paid bi-weekly effective the
first pay period after the date of issuance of license) for maintaining a Class "A"
license in accordance with City policy.
C. Loss of a valid Class "A" commercial driver's license will result in loss of the
stipend (pro -rated) until such time as the license is reinstated.
4.6 Employees designated by the Department Head and approved by the City Manager who
have passed a bilingual proficiency examination administered by the City shall receive a
monthly bilingual supplement of $150.00. The City Manager has the discretion in
determining the languages that will be recognized.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
ARTICLE V - STANDBY DUTY
5.1 Employees assigned to standby duty for emergency calls shall receive straight time pay for
each standby period as follows:
On work days
On non -work days
On observed holidays
December 24 (When Observed)
Other
Electric Distribution
Eniployees
Operators
3 hours
3 hours
4 hours
3 hours
8 hours
6 hours
5 hours
4 hours
For call -outs related to paid standby duty, the employee will be compensated at the rate of
two times the straight rate of pay, with a two-hour minimum for the first call, in addition to
the appropriate standby pay (no offset). This applies to all types of standby assignments.
For purposes of this provision, a crew shall be defined as three or more employees engaged
in a common task.
When it becomes necessary to dispatch a crew to accomplish the emergency work, every
effort will be made to dispatch an entire crew so that the employee on standby duty can be
released from that situation and be available to respond to additional calls.
The Standby Electric Distribution Operator and Electric Troubleshooter will be provided a
cell phone stipend or a City provided cell phone and must be available during their standby
duty by the answering service.
5.2 Employees assigned to standby duty (example: the Trouble Truck) on an observed holiday
shall receive eight hours straight time pay for that day in addition to the regular holiday pay.
Time worked on an emergency call shall be paid at the rate of two times the straight time
rate of pay with a minimum of two hours (there will be no offset on standby pay),
subsequent calls will be paid for actual time worked.
5.3 Employees assigned standby will rotate assignments as outlined in Attachment B.
Response time for Troubleshooters, Troubleshooting Supervisor, Electric Distribution
Operator I/II, or Electric Distribution Supervisor shall be 30 ,minutes. All other employees
on standby must respond within 60 minutes.
ARTICLE VI - TEMPORARY UPGRADE
6.1 The City of Lodi and the IBEW Local 1245 mutually agree that any Electric Utility
Department employee temporarily assigned to a higher classification than their regular
classification shall receive the top rate of pay for the classification temporarily assigned.
This provision shall only apply when such time worked is more than four hours cumulative
during an eight-hour period.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
6.2 When, in accordance with Section 6.1 above, the City requests members of a line crew to
temporarily replace their foreman/forewoman and all members of the crew refuse to accept
the assignment, the City reserves the right to send these crew members home without pay, if
in the City's judgment, their safety or the satisfactory completion of their work depends
upon supervision by a qualified individual assuming foreman/forewoman responsibilities.
Normal crew work would resume when the City deems that adequate supervision is
available.
6.3 All Electric Distribution Operator II's shall fill the Electric Distribution Operator Relief
position in a sequentially rotating manner to coincide with the regularly scheduled Monday
through Thursday Electric Distribution Operator.
ARTICLE VII - TOOLS AND UNIFORMS
7.1 The City and the IBEW Local 1245 mutually agree that the City will supply necessary tools
and equipment for employees in accordance with the following procedure.
Consistent with the needs of the employee as related to his/her job classification, and to aid
the employee in the performance of his/her work in a safe and efficient manner, the City
will provide the following list of basic hand tools, work gloves and equipment:
Skinning knife Utility bag Safety glasses
Work gloves Ruler, 6', wood Rubber boots
Pliers, side cut Hammer, claw Rain gear
Screwdriver, 10" Wrench, adjustable 12" Wrench, adjustable 8" or 10"
Safety strap Adjustable (pump) pliers 10"
7.2 In addition, effective with the first quarterly payment following City Council approval of
the MOU, the City will provide a boot allowance of $500.00 per calendar year to all Electric
Lineman/Linewoman, Electric Foreman/Forewoman, Construction/Maintenance
Supervisor, Electric Troubleshooter and Troubleshooting Supervisor. In addition, the City
shall provide a boot allowance of $200.00 per calendar year for all other classifications. The
boot allowance will be paid quarterly as part of a regular pay check.
7.3 The tools described in Section 7.1 will be furnished in accordance with the following
controls:
Each employee will be responsible for the care, preservation, and proper use of tools
and equipment issued to him/her. Tools and equipment lost or damaged through
improper use will be replaced at the employee's expense.
All unsafe, broken, or worn out tools will be replaced on an exchange basis.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
7.4 The City shall provide uniforms for all field employees that conform to regulatory
standards. Newly hired employees in the following classifications will be provided with
nine (9) pairs of pants; twelve (12) shirts; two (2) sweatshirts/vests; and, one (1) jacket:
Construction & Maintenance Supervisor
Electric Lineman Apprentice 1/Il
Electric Lineman/Linewoman
Electric Foreman
Electric Troubleshooter
Troubleshooting Supervisor Substation/Metering Supervisor
Substation Technician
Electrician
Metering Technician
Utility Equipment Specialist
Electric Materials Technician
Utility Warehouse Supervisor
7.5 Damaged, torn or excessively worn uniforms will be replaced as needed. Upon separation
from employment with the City, all City purchased uniform items that have the City of Lodi
logo on them must be returned to the City.
7.6 All new clothing purchased after March 11, 2020 will have the 3 inch "City of Lodi Electric
Utility" logo(s) added on left or right chest area and "IBEW Local 1245" in 3/4" block letter
on upper sleeve for union members in the appropriate thread to conform to regulatory
standards.
7.7 All on-line purchases must be approved by the Electric Utility Superintendent or
Department Head prior to ordering.
7.8 The Approved City of Lodi Electric Utility logo must be visible and clearly identifiable at
all times throughout the course of the normal workday (avoid busy print clothing). All
sweatshirts, jackets, and traffic vests must have logos.
ARTICLE VIII - TUITION REIMBURSEMENT
8.1 Tuition reimbursement will be provided in accordance with the City's current Tuition
Reimbursement Policy.
8.2 The City will pay all cost of license fees, physicals and training required for licenses and
permits.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Chapter 2. Leaves
ARTICLE IX - CATASTROPHIC LEAVE
9.1 Catastrophic leave will be provided in accordance with the City's current Catastrophic
Leave Policy.
ARTICLE X - BEREAVEMENT LEAVE
10.1 Regular employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the deceased
may lie in state, the day of the funeral, and the time necessary to travel to and from the
location of the funeral, but not to exceed three working days.
The immediate family shall be limited to an employee's:
Spouse parent/step-parent/foster parent
grandparent/step-grandparent grandparent -in-law parent -in-law
child/step-child/foster child
daughter-in-law
grandchild
brother/half/step
son-in-law
sister/half/step
or a more distant relative who was a member of the employee's immediate household at the
time of death.
10.2 Regular employees will be permitted to use sick leave, vacation leave, or compensatory
time off to attend the funeral of a person the employee may be reasonably deemed to owe
respect, but not to exceed one day.
ARTICLE XI - HOLIDAYS
11.1 Members of this unit will observe the following holidays:
New Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
*Thanksgiving Day
*Day After Thanksgiving
*Christmas
January 1
31d Monday in January
on observed holiday/Last Monday in May
July 4
1 st Monday in September
4th Thursday in November
Friday after the 4th Thursday in Nov.
December 25
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
*Operations Division employees have until March 31" of the following calendar year in
which to use the last three fixed holidays (Thanksgiving Day, Day After Thanksgiving, and
Christmas).
If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls
on Sunday, the succeeding Monday shall be observed. In addition, if Christmas falls on
Wednesday, Thursday, or Friday, members shall have an additional one-half day off on
December 24th. Should Christmas Day fall on Tuesday, December 24th shall be observed
as a holiday.
For those members in the Operations Division (Electric Distribution Operator I/Il and
Electric Distribution Operator Supervisor), overtime is paid for time worked on the above
listed holidays.
In addition, to the fixed holidays listed above, each employee will be granted five days of
floating holiday leave (40 hours for employees working 5/8 schedule, 45 hours for
employees working a 9/80 schedule, and 50 hours for employees working a 4/10 schedule)
to be taken off at a time mutually agreed upon between the employee and the Department
Head. Floating holiday leave shall be taken during the calendar year. Unused floating
holiday will be forfeited at the end of each calendar year.
11.2 Employees hired mid -year shall be credited, with the remaining fixed holidays in the
calendar year, plus one additional holiday for each seventy-five days remaining in the year.
Employees separating from service mid -year shall have the remaining fixed holidays in the
calendar year plus one additional holiday for each seventy-five calendar days remaining in
the year deducted from their holiday leave balances.
11.3 The City agrees to make cash payment at rate of two times the regular rate of pay for
holiday work in addition to straight time holiday pay for any employee regularly scheduled
to work a holiday.
ARTICLE XII - LEAVE OF ABSENCE
12.1 Leaves of Absence will be provided in accordance with the City's current Leave of Absence
Policy.
ARTICLE XIII - SICK LEAVE
13.1 Full-time employees will accumulate sick leave with pay at the rate of 3.70 hours per pay
period.
13.2 Sick leave may be accumulated up to an unlimited amount.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
ARTICLE XIV - VACATION
14.1 Employees hired prior to January 1, 1995 shall accrue vacation as follows:
Hours Per
Pay Period
0 through 5 years:
3.08
(10 days per year)
6 through 11 years:
4.62
(15 days per year)
12 through 14 years:
5.24
(17 days per year)
15 through 20 years:
6.16
(20 days per year)
21 st year:
6.47
(21 days per year)
22nd year:
6.78
(22 days per year)
23rd year:
7.09
(23 days per year)
24th year:
7.40
(24 days per year)
25th year & Over:
7.71
(25 days per year)
Employees hired after January 1, 1995 shall accrue vacation as follows:
0 through 5 years:
6 through 11 years:
12 through 14 years:
15 through 20 years:
14.2 Vacations may be taken provided the following conditions are met:
there are no major scheduling problems in the judgment of the City;
2. a request is made at least forty-eight hours in advance; and
3. transportation to and from job site are the responsibility of the individual employee.
14.3 An employee who terminates employment for any reason during the first twelve months of
employment shall be entitled to a payoff for vacation hours earned.
14.4 The maximum amount of unused vacation hours that an employee may accrue, at any given
time is twice the employee's annual vacation entitlement unless authorized by the City
Manager.
11
Hours Per
Pay Period
3.08
(10 days per year)
4.62
(15 days per year)
5.24
(17 days per year)
6.16
(20 days per year)
14.2 Vacations may be taken provided the following conditions are met:
there are no major scheduling problems in the judgment of the City;
2. a request is made at least forty-eight hours in advance; and
3. transportation to and from job site are the responsibility of the individual employee.
14.3 An employee who terminates employment for any reason during the first twelve months of
employment shall be entitled to a payoff for vacation hours earned.
14.4 The maximum amount of unused vacation hours that an employee may accrue, at any given
time is twice the employee's annual vacation entitlement unless authorized by the City
Manager.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
Chapter 3. Insurance and Retirement
ARTICLE XV - CHIROPRACTIC COVERAGE
15.1 Chiropractic services may be received by employees and dependents through a chiropractic
insurance plan.
15.2 The City shall pay the full costs of premiums for chiropractic insurance for the employee
and dependent(s) during the term of this MOU.
15.3 When any of such individuals changes their chiropractor or the chiropractor becomes a
medical provider under the City's medical plan, they shall utilize the medical plan's list of
providers and shall be subject to the terms and limitations of said plan.
ARTICLE XVI - DEFERRED COMPENSATION
16.1 The City agrees to match up to an employee's 3% contribution to the Deferred
Compensation Program.
16.2 Employees may contribute a lump sum amount into their Deferred Compensation plan in
the same pay period in which they cash out their CTO, equivalent to or less than the full
CTO amount, subject to IRS contribution limits.
ARTICLE XVII - DENTAL AND ORTHODONTIA INSURANCE
17.1 Employees and their dependents are provided fully paid dental and orthodontia insurance.
17.2 Maximum benefits are $1,250.00 for each family member enrolled in the dental plan per
calendar year. There is a $25.00 deductible plus co-insurance features.
17.3 Orthodontia benefits have a lifetime cap of $1,250.00 for each person covered under the
plan.
ARTICLE XVIII - LIFE INSURANCE
18.1 A life insurance program providing for two times annual salary to a maximum of $250,000.
Said benefits will reduce with age according to the reduction schedule of the life insurance
carrier. Coverage for dependents will also be provided according to the schedule available
from the carrier. This insurance is only applicable to active regular employees.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
18.2 The City agrees to pay the employee's premiums for the above mentioned life insurance
program.
ARTICLE XIX - LONG TERM DISABILITY
19.1 A long-term disability program which, coordinated with other disability benefits shall
provide a benefit of 66-2/3% to a maximum of $10,000.00 per month of the employee's
basic monthly earning in the event of disability. This program commences 120 days from
the date of disability. Please refer to the City's Policy on Long Term Disability.
19.2 The maximum length of coverage is three (3) years from date of disability.
ARTICLE XX - MEDICAL INSURANCE
20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan
available in Lodi through CalPERS and the parties shall meet and confer on a
replacement plan offering such an equivalent level of benefits.
20.2 All employees are offered medical insurance for themselves and dependents through
CaIPERS-Medical Plans.
Effective January 1, 2022, the City shall pay a monthly maximum of the following for
each family category:
$2,005.52 per month for Family
$1,542.71 per month for Employee +1
$771.35 per month for Employee only
If an employee elects a higher cost plan, employee will pay the difference as a payroll
deduction.
If an employee waives medical insurance through the City of Lodi, an additional:
$692.81 per month for family
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In order to
qualify for this provision, proof of group insurance must be provided to the City.
20.3 Employees shall be eligible for medical insurance the first day of the month following the
date the employee becomes a full-time regular employee of the City.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
20.4 Only one family member may carry employee and dependent coverage of City sponsored
medical insurance. The City will reimburse the employee for co-insurance payments on a
quarterly basis.
ARTICLE XXI - RETIREMENT
21.1 The City of Lodi provides retirement benefits through the Public Employees Retirement
System. Employees shall receive the following retirement benefits for employees deemed
to be "classic" employees by PERS:
Miscellaneous 2% @ 55 plan:
■ 1957 Survivors Benefit
+ Third Level 1959 Survivors Benefit (Section §21573)
r Improved Non -Industrial Disability Allowance (Section §21427). Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a
maximum 50% benefit.
• Post -Retirement Survivor Allowance (Section §21624)
• Credit for Unused Sick Leave (Section §20965)
• Military Service Credit as Public Service (Section §21024)
• Effective January 1, 2015, employee shall pay the full employee share of retirement
costs as calculated by PERS (7%) in its annual actuarial valuation. The City will
pay all of the employer's contribution.
21.2 Employees shall receive the following retirement benefits for employees deemed to be
"new" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA):
Miscellaneous 2% @ 62 plan:
• 1957 Survivors Benefit
• Third Level 1959 Survivors Benefit (Section §21573)
• Improved Non -Industrial Disability Allowance (Section §21427). Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a
maximum 50% benefit.
• Post -Retirement Survivor Allowance (Section §21624)
* Credit for Unused Sick Leave (Section §20965)
• Military Service Credit as Public Service (Section §21024)
+ Effective January 1, 2015, employee shall pay the full employee share of retirement
costs as calculated by PERS in its annual actuarial valuation. The City will pay all
of the employer's contribution.
21.3 Effective the first full pay period in July 2020, employees in this bargaining unit, classic and
PEPRA, will enter into a cost-sharing agreement and agree to pay two percent (2%) of the
employer's normal share of cost. The cost-sharing will be implemented on a tiered basis
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
with 1% cost-sharing effective the first full pay period in July 2020 and an additional 1%
cost-sharing the first full pay period in January 2021 for a total of 2%.
21.4 The City agrees, at the employee's request, to provide an exit meeting for employees who
will be retiring. This meeting will be scheduled after the employee provides a 30 -day notice
to Human Resources of the employee's intent to retire. The exit meeting will discuss health
benefit options (COBRA), sick leave conversion (if applicable), information on obtaining
Ca1PERS benefit estimates; service and disability retirements, employee association
options, and any other benefits the employee is entitled to.
ARTICLE XXII - SICK LEAVE CONVERSION
22.1 For all unused sick leave, a represented employee with ten years of employment with the
City shall receive medical insurance coverage upon retirement (but not upon resignation or
termination) on the following basis: 50% of the dollar value of sick leave will be placed
into a bank to be used for medical insurance premiums for the employee and dependent.
For each year that an employee has been employed in excess of 10 years, 2 1/2% will be
added to the 50% for valuing the size of the bank.
Robert Smith retires with 20 years' service and 1800 hours of unused sick leave.
His monthly salary is $3,882.72 (24.64 per hour).
1800 X.75 X $24.64 = $33,264.00
This amount will be reduced each month by the current premium for the employee and
dependent until the balance is gone. In the event the retiree dies, the remaining bank will be
reduced by 50% and the survivor may use the bank until the balance is gone.
22.2 In the event an active employee dies before retirement and that employee is vested in the
sick leave conversion program, the surviving dependents have an interest in one-half of the
value of the bank as calculated in section 22.1. In accordance with the sick leave
conversion provisions, a surviving spouse may, at his/her own expense, continue medical
insurance at the employee only premium.
22.3 A surviving spouse of an unvested employee may, at his/her own expense, continue to
purchase medical insurance at the appropriate rate for a period of time equal to the time the
employee worked for the City.
22.4 Represented employees who retire on a service retirement shall have the option of
purchasing, at the employee's cost, additional medical insurance for the employee and
his/her spouse.
22.5 Out of area retirees may receive reimbursement for medical insurance premiums up to the
City's liability as specified in Section 22.1.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
22.6 The City has modified its contract with PERS to add credit for unused sick leave per
Government Code Section 20868.8. This benefit is available to all employees regardless
of date hired; however, it is the only sick leave conversion benefit available to employees
hired after January 1, 1995. It is agreed that eight hours equals one day for purposes of
determining days creditable. Employees who are eligible, may, for any of the options in
this section, utilize one or any combination of options provided that the total amount of
hours used does not exceed the amount of sick leave hours accumulated at the time of
employee's retirement."
ARTICLE XXIII - VISION INSURANCE
23.1 The City agrees to provide a vision care plan, equivalent to the VSP Plan B, with a $25.00
deductible for the employee and dependents; the entire premium to be paid by City.
ARTICLE XXIV — FLEXIBLE SPENDING ACCOUNT
24.1 The City will maintain a pre-tax "flexible spending account" to conform to IRS regulations
to be used for premium contributions, dependent care and/or un -reimbursable medical
payments for unit members. Effective in plan year 2022, the Medical Flexible Spending
Account (FSA) includes a carryover provision which allows an active participant to
automatically carryover up to $550 (carryover allowance may increase year to year
depending on plan provision) to the new plan year. However, amounts over the carryover
allowance would be forfeited after the final filing date, if left unclaimed.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Chapter 4. Safety
ARTICLE XXV - SAFETY
25.1 The City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to insure this, such steps to include
but not be limited to:
1. conducting frequent inspections of job site operations;
2. taking necessary steps to protect against job hazards, both unsafe physical
conditions, including methods and processes, and unsafe actions of people;
3. continuing "tailgate" safety meetings on all jobs for the purpose of briefing
employees on the hazards connected with the work to be performed, to plan work
and to emphasize safety in the performance of the work;
4. continuing monthly safety meetings for the purpose of discussing matters related to
safety and to provide an opportunity for first aid training; and
5. continued management cooperation in the preparation of the agenda for such
meetings.
25.2 The IBEW Local 1245 will cooperate with the City in providing speakers and materials for
safety meetings.
25.3 The Electric Utility Department shall hold monthly safety meetings for all bargaining unit
employees. Where it is unreasonable to bring all bargaining unit employees together at one
time, these meetings may be by sections. If because of shift work some personnel cannot
participate even in section meetings, they shall be given copies of the minutes of appropriate
meetings.
25.4 Each employee shall be provided with on-the-job training first aid. This program shall
include refresher training at 3 -year intervals.
25.5 Semiannual safety inspections shall be made of facilities, tools, and work areas by a
committee including at least three non -supervisory hourly employees appointed by the
IBEW Local 1245. The committee shall be free to schedule its own inspections but must
report.at each monthly safety meeting. When necessary for the safety of the committee or to
explain technical problems in safety, a supervisor may be named to accompany the
committee, but he/she is not to influence its findings.
25.6 The City, through its supervisors, shall act promptly to correct any unsafe conditions that
may be reported by the committee.
25.7 The City agrees to provide safety glasses up to a maximum cost of $251.00 per pair as
required. A maximum of two pair of safety glasses will be provided by the City during
employment except as indicated in sections 24.9.2 and 24.10 below.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
25.8 All prescription safety glasses shall be purchased or serviced within the City of Lodi.
Employees shall have their choice of any local optometrist. The employee shall pay directly
to the optometrist any fees for prescription examination or related extra charges.
25.9 Prior to issuance of a replacement pair of prescription safety glasses for payment by the
City, the employee shall discuss with and receive approval from the immediate supervisor
and Department Head. The criteria for issuance of a replacement pair of safety glasses are
as follows:
i . 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.
25.10 The following conditions on the part of any applicable employee shall be grounds for the
cost of the employee's issued safety glasses to be deducted from the employee's payroll
check after a determination of cost has been made by the City:
1. Where the city would be required to replace issued safety glasses due to abuse by
the employee.
2. Failure on the part of an applicable employee to wear or utilize issued safety
glasses unless otherwise agreed to in writing.
3. Failure on the part of an applicable employee to return issued safety glasses,
regardless of condition, upon separation from City service.
25.11 The City and IBEW mutually agree to move the discussion on Safety standards to an ad-
hoc committee and agree to conduct the initial committee meeting no later than 60 days
from ratification of this MOU. Should no mutual agreement be reached between the
parties on Safety standards, Article XXV - Safety will remain status quo for the term of
this MOU.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Chanter 5. Work Hours, Schedules, Meals
ARTICLE XXVI - HOURS
26.1 The City and the IBEW Local 1245 mutually agree that the regular hours of work for line
crew personnel shall be 6:30 a.m. to 12:00 Noon, and 12:30 p.m. to 3:00 p.m., and the
regular work days shall be Monday through Friday with Saturday and Sunday being non -
work days. The lunch hour may be commenced at any time between the fourth and sixth
work hour. Start and stop times may vary based on operational needs with advanced notice.
26.2 All eight hour work periods regularly scheduled to begin at 4 a.m. or thereafter but before
12 o'clock noon shall be designated as day shifts. All eight hour work periods regularly
scheduled to begin at 12 o'clock noon or thereafter but before 8 p.m. shall be designated
as swing shifts. All eight hour work periods regularly scheduled to begin at 8 p.m. or
thereafter but before 4 a.m. shall be designated as graveyard shifts.
26.3 Alternate Work Schedule (9/80 or 4/10)
The Electric Utility offers alternative work schedules, IBEW members working in a
different department may not have the ability to work the alternate 4/10 work schedule.
The following defines the terms and conditions of the alternate work schedule known as
9-80.
• The normal workday is 6:30 a.m. to 4:00 p.m. Monday through Thursday with one
half hour for lunch break and 6:30a.m. to 3:00 p.m. on a Friday workday with one
half hour for lunch break.
• The work week shall be defined to begin and end each Friday at 11:00 a.m., or
after working 4 hours if the employee begins their scheduled work day before or
after 7:00 a.m. (for example, if the work day begins at 6:30 a.m., the work week
will end at 10:30 a.m.).
• The alternate work schedule (9-80) shall begin and end at pay period breaks. The
pay period is defined as the two week period beginning on a Monday at 0000
hours and ending on the Sunday 14 days later at 2400 hours.
■ The employees participating in the alternate work schedule (9-80) will be placed
in two groups. Group One will have the first Friday in the pay period off
(payday). Group Two will have the second Friday in the pay period off.
Employees will be assigned to a group based on the operational needs of the
Electric Utility Department. Changes to assigned groups will be at the approval of
the Electric Utility Director.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
• It is agreed that the alternate work schedule will be terminated at any time (end of
pay period) in the event it causes a reduced level of service to the general public,
excessive overtime use, the inability to respond to the needs of the system or the
customer or for any other reason not in the best interest of the operation of the
Department.
• The Electric Distribution Operators work a 4/10 alternate work schedule
(consisting of four, ten hour days). The Operations Center is staffed 7 days a
week, 365 days a year, with employees alternating workdays (Monday through
Thursday or Thursday through Sunday). Electric Distribution Operators are
scheduled to work from 7:00 a.m. to 5:00 p.m. on assigned working days. The
Electric Distribution Operators may not receive an uninterrupted meal break and
may be required to remain on-site due to staffing levels and the nature of the
work. Electric Distribution Operators shall be compensated for ten hours per day,
in lieu of an unpaid meal break. The alternate work schedule may be cancelled by
either party effective at the end of a pay period, but in no event later than the end
of the next full pay period following the cancellation request. During the waiting
period every effort will be made to resolve the issue or issues that caused the
cancellation request.
26.4 The following defines the terms and conditions of the alternate work schedule known as
4/10.
• Crews may work alternating 4/10 schedules to provide coverage Monday through
Friday.
• 4/10 schedule consists of four consecutive workdays, of ten and one-half
consecutive hours each between the hours of (earliest start time) and (latest end
time), of which one-half hour will be the unpaid meal break. The normal work
schedule is Monday through Thursday or Tuesday through Friday. (Start and stop
hours may vary based on operational need with advanced notice and may be 6:30
a.m. to 5:00 p.m., or 7:00 a.m. to 5:30 p.m. as examples)
• The workweek shall be defined to begin and end at 00:00 (midnight) each Sunday
for FLSA overtime purposes.
■ The pay period is defined as the two-week period beginning on a Monday at 00:00
hours and ending on the Sunday 14 days later at 24:00 hours.
When staffing levels allow, the employees participating in the alternate work
schedule (4/10) will be placed in two groups. Group one will work Monday
through Thursday. Group two will work Tuesday through Friday. Employees will
be assigned to a group based on the operational needs of the Electric Utility
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
Department. Changes to assigned groups will be at the approval of the Electric
Utility Director.
• It is agreed that the alternate work schedule will be terminated at any time (end of
pay period) in the event it causes a reduced level of service to the general public,
excessive overtime use, the inability to respond to the needs of the system or the
customer or for any other reason not in the best interest of the operation of the
Department.
+ The Electric Distribution Operators will not participate in the alternate work
schedule.
• The alternate work schedule may be cancelled by either party effective at the end
of a pay period, but in no event later than the end of the next full pay period
following the cancellation request. During the waiting period every effort will be
made to resolve the issue or issues that caused the cancellation request.
ARTICLE XXVII - INCLEMENT WEATHER
27.1 The City will not require work on electric lines or outdoor substations (other than operating
functions) in inclement weather, except in cases of emergencies. When employees are
prohibited from performing their regular duties because of inclement weather, the City will
provide work which can be performed under protection from the weather. If the employee
elects to take the day off, they may use personal leave accruals for their absence.
Emergencies shall be deemed situations requiring work to prevent risk to life or property or
to maintain or restore continuity of regular service to the public.
ARTICLE XXVIII - MEALS
28.1 When required to work overtime, employees will be granted a $25.00 meal allowance. One
hour of pay will be provided in instances where a meal is missed.
When the City requires an employee to perform non -prearranged work on a work day
beginning more than one hour prior to the start of the normal work day, the City will
provide such employee with a meal allowance. Such meal allowance shall be considered
implemented two hours after reporting to work. The City shall continue to provide meal
allowances at four-hour intervals until the first such meal allowance falls within the normal
work day, then only one subsequent meal allowance shall be allowed. The time taken to
consume such meal shall be at the City's expense, except the second meal allowance during
the work day (regular work mode).
When the City requires an employee to perform non -prearranged work on a work day
extending the normal work day by two or more hours, the City will provide such employee
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
with a meal allowance at the two-hour point. The City shall continue to provide meal
allowances at four-hour intervals until the employee is dismissed from work. The time
taken to consume any such meal shall be at the City's expense.
28.2 When the City requires an employee to perform non -prearranged work on non -work days,
the City will provide meal allowances at intervals of four hours. The first meal allowance
shall be four hours after the employee reports to work, providing time is allowed for an
employee to eat before reporting. If such time is not allowed, the first meal allowance shall
be two hours after reporting for work and at four-hour intervals thereafter. The time taken
to consume any meal shall be at the City's expense.
28.3 When an employee is required to perform prearranged work on non -work days during
regular work hours, the employee shall observe the lunch arrangements which prevail on the
normal work days. If such work continues after regular work hours, the City shall provide
meal allowances in accordance with the provisions of Section 27.1.
28.4 If the City requires an employee to perform prearranged work starting two or more hours
before regular work hours on work days or non -work days and such employee continues to
work into regular work hours, the employee shall provide for one meal on the job. The City
shall provide meal allowances for other meals as required by the duration of the work
period. The meals provided for in this section shall be eaten at approximately the usual
times therefore and the usual practice relating to lunch periods on work days shall prevail.
The usual times, therefore, shall be 6:00 a.m. - 12:00 noon - 6:30 p.m.
28.5 If the City requires an employee to perform prearranged work starting two or more hours
before regular work hours on a work day and such work is completed less than one hour
prior to the beginning of the normal work day, the City shall provide a meal allowance. The
time taken to consume any such meal shall be at the City's expense.
28.6 If the City requires an Electric Troubleshooter, Troubleshooting Supervisor or Electric
Distribution Operator to work four or more consecutive hours during a standby period the
City shall provide a meal allowance.
The City shall provide meal allowance(s) to the Electric Troubleshooter or Troubleshooting
Supervisor during the week of standby duty as follows:
On a Normal Workday
1. The break between the completed work (call -out) and the beginning of the
workday is less than one (1) hour.
1 The work (call -out) is continuous and extends the workday by more than
two (2) hours.
On Standby
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An Electric Troubleshooter or Troubleshooting Supervisor, in standby mode shall not
receive compensation for the time taken to eat any meal, normal workday compensation
excluded.
28.7 For the purpose of this section prearranged work shall mean that the employee was notified
of the work prior to the end of the preceding work day.
ARTICLE XXIX - TROUBLE TRUCK
29.1 SHIFT SCHEDULES
The service truck (trouble truck) will normally be staffed with an Electric Troubleshooter or
a Troubleshooting Supervisor on a rotational shift basis. One of two shift schedules can be
utilized based on the needs of the department (see attached schedules). Each schedule has
an 'early shift' with working hours between 0700-1530 hours and a 'late shift' with work
hours shifted a maximum 2.5 hours to 0930-1800 hours. Both shifts have a one-half hour
lunch period included. Schedule A runs Monday through Friday for all three shifts with the
'late shift' being on standby duty outside the normal work hours.
Schedule B runs Monday through Friday for two shifts and Tuesday through Saturday for
the third shift with the late shift being on standby duty outside normal work hours. The
work hours on Saturday can be shifted to 0700-1530 hours by mutual consent between all
Electric Troubleshooters, Troubleshooting Supervisor, and the Electric Utility Director.
29.2 ELIGIBILITY
To be eligible and to remain eligible for the position of Electric Troubleshooter
Troubleshooting Supervisor, the employee must be able to respond to the center of Lodi
(City Hall) within 30 minutes following receipt of a call for service.
29.3 SCHEDULED LEAVE
Scheduled leave will only be authorized for one Electric Troubleshooter or
Troubleshooting Supervisor at any one time, except for a hardship case.
Scheduled leave is defined to begin and end at the beginning of the normal workday and be
based on the dates shown on the Request for Leave form.
29.4 RELIEF
If the Electric Troubleshooter or Troubleshooting Supervisor scheduled for late shift and/or
standby duty is unable to report for work, the Electric Troubleshooter or Troubleshooting
Supervisor scheduled to work the following 'late shift' shall cover the shift or parts thereof
by shifting work hours to the 'late shift' schedule.
In the event the Electric Troubleshooter or Troubleshooting Supervisor "scheduled to work
the following 'late shift'," as used in the above relief procedure, is unable to cover the shift
or parts thereof, the Electric Troubleshooter or Troubleshooting Supervisor scheduled to
work the preceding 'late shift' shall cover the shift or parts thereof.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
If no Electric Troubleshooter or Troubleshooting Supervisor is available for any shift, the
City shall offer the shift or parts thereof to Linemen/Linewomen that meet the eligibility
requirements of 30 minutes response time in accordance with the established call -out
procedure, i.e. least overtime first.
Special Condition: B Schedule, Saturday
If the Electric Troubleshooter or Troubleshooting Supervisor scheduled for work on
Saturday is unable to report for work, work will not be performed. The Electric
Troubleshooter or Troubleshooting Supervisor scheduled to work the following 'late shift'
will have standby duty all Saturday.
ARTICLE XXX — ELECTRIC DISTRIBUTION OPERATOR RELIEF PROCEDURE
SINGLE -SHIFT PLAN
30.1 Requests for leave, other than an emergency, shall be submitted for approval a minimum of
five (5) working days prior to the first day of the requested leave. The shift of the operator
on leave shall be filled as follows:
A. Full Shift(s)
The Relief Operator will resume the operator's shift(s) on the operator's first "Regular
Day Off' prior to the leave, and continue working the shift(s) until the last day of the
operator's requested leave, i.e. last day of shift(s). At this time, the Relief Operator
will assume his/her regular schedule.
B. Less than a full shift, including Thursdays. (Overlap day)
The Relief Operator will shift his/her hours to cover the leave Monday
through Wednesday.
2. Thursday shift will be covered by the Electric Distribution Operator
scheduled to work the following weekend. (Thursday through Sunday)
3. If the regularly scheduled weekend Electric Distribution Operator is
unable to report for work on Thursday or has taken scheduled leave, the
shift shall be covered by the Relief Operator regularly scheduled for that
week.
4. Weekend leave (Friday, Saturday and Sunday) shall be covered by the
"Regular Day Off" Utility Department Operations Division employee with
the least amount of accumulated overtime in that pay year at the time of
the request. If an employee declines to work the shift(s), it shall be
counted as a shift(s) worked for overtime record purposes. The assigned
supervisor will keep a record of all overtime hours on a pay year basis.
When the overtime totals are the same for the two employees to be called,
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
it shall be "Last Worked, Last Called." Note: Regular scheduled work on
a holiday shall not be considered as overtime for the purpose of
computing accumulated overtime.
ARTICLE XXXI - ELECTRIC DISTRIBUTION OPERATOR PROCEDURE
31.1 Phone calls on line 368-5735 (or other phone number designated for such purpose), under
normal conditions, will be answered by an answering service during the time period 1700-
0700 hours. The regular working hours for Electric Distribution Operators shall be from
7:00 a.m. to 5:00 p.m. (0700 — 1700). The answering service will dispatch an Electric
Troubleshooter or Troubleshooting Supervisor to the scene and he/she will investigate the
problem. If the Electric Troubleshooter determines that an Electric Distribution Operator is
necessary, he/she will contact the answering service and request that the Standby Electric
Distribution Operator be called. The Electric Troubleshooter will be in contact with the
answering service at all times via cell phone and/or radio. In addition, the Electric
Troubleshooter will be provided a cell phone stipend, or city provided cell phone, and must
be available during their standby duty by the answering service and/or the Standby Electric
Distribution Operator or other authorized personnel.
Once the Standby Electric Distribution Operator arrives at the Operations Center, he/she
will contact the answering service and report "on -duty." At this point, all established
operating procedures take effect, i.e. Electric Distribution Operator requests additional
people, conducts switching, prepares service tickets, maintains system log, etc. The Electric
Distribution Operator or Relief Operator will remain on duty until the system is back in an
"operational" status, with all power restored before control is turned over to the answering
service.
The Electric Troubleshooter or Troubleshooting Supervisor will record "time called" and
"time back home" on all calls in the time period during their standby hours. This
information is to be given to Operations the following morning, for preparation of proper
service tickets, etc.
Alarms will be grouped as electric and intrusion. These alarms will go to the answering
service. The answering service will call out appropriate personnel, based on a call -out list
provided by the respective departments. An intrusion alarm at the Operations Center shall
be reported to the Police Department followed by the Standby Operator.
In the event any of the alarms to the answering service are out of order at 1700 hours, the
Electric Distribution Operator will remain on duty. The Electric Distribution Operator will
likewise remain on duty until all trouble calls are completed, alarms cleared and the system
is in an "operational" status, with all power restored before transferring control to the
answering service unless otherwise directed by a supervisor. When transferring control to
the Electric Distribution Operator or Relief Operator, the answering service will advise as to
current status.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
Employees should strive for a 30 -minute lunch break as conditions permit. A minimum of
one Electric Distribution Operator II or Electric Distribution Supervisor must be present at
all times, with the exception of a short period of time in which the employee must take the
radio with them (i.e., restroom, break room, etc.).
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2022-2024
Chapter 6. Association/City Issues
ARTICLE XXXII - CHANGES IN MEMORANDUM OF UNDERSTANDING
32.1 The parties agree to reopen this MOU and to renew Meeting and Conferring on the subjects
set forth herein during the term of this MOU only in the event that any provision of this
MOU is modified by statute, applicable regulation or by order of court in such a way as to
affect either the employees or the City. In such event, all remaining provisions of the MOU
would continue in full force and effect unless and until they were also modified by statute,
applicable regulation or order of court or agreement of the parties.
32.2 In the event that a court of competent jurisdiction declares invalid or unenforceable any
provision of this MOU, the remaining provisions shall continue in full force and effect.
ARTICLE XXXIII - CITY RIGHTS
33.1 It is further understood and agreed between the parties that nothing contained in this MOU
shall be construed to waive or reduce any rights of the City, which include, but are not
limited to the exclusive rights:
to determine the mission of its constituent departments, commissions and boards;
to set standards of service; to determine the procedures and standards of selection for
employment;
to direct its employees;
to maintain the efficiency of governmental operations;
to determine the methods, means and personnel by which government operations are to
be conducted;
to take all necessary actions to carry out its mission in emergencies; and
to exercise complete control and discretion and the technology of performing its work.
City rights also include the right to determine the procedures and standards of selection for
promotion, to relieve employees from duty because of lack of work or other legitimate
reasons, to take disciplinary action, and to determine the control of job classifications;
provided, however, that the exercise by the City of the rights in this paragraph does not
preclude employees or their recognized employee organizations from filing grievances
regarding the practical consequences that decisions on such matters may have on wages,
hours or terms and conditions of employment.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
ARTICLE XXXIV - DEMOTION AND LAYOFF
34.1 The City and the IBEW Local 1245 mutually agree that when involuntary demotion and/or
layoff is required, the following shall be observed:
The City will give regular employees involved as much notice as possible, but
in no event will such employees be given less than one pay period notice of
layoff. When probationary employees are to be laid off, no notice of layoff is
required. Layoff in all cases due to lack of work will be determined by an
employee's length of service. An employee whose job is being eliminated may
elect to displace an employee who is in a lower classification within the IBEW
Local 1245 bargaining unit, if the position is within their classification series,
or the person has previously held the classification, and if his/her total City
length of service is greater than that of the employee in the lower classification.
In the event that a journeyman/journeywoman displaces an apprentice, he/she
shall continue to be paid as a journeyman/joumeywoman.
ARTICLE XXXV - DRUG AND ALCOHOL POLICY
35.1 It is the mutual desire of both parties to have and maintain a drug and alcohol free work
environment.
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 International Brotherhood of Electrical Workers, Electric Utility Unit,
Local 1245 (hereinafter referred to as IBEW Local 1245).
The parties to this MOU acknowledge and agree that this MOU constitutes the result of
Meeting and Conferring in good faith as contemplated by Section 3500 et seq. of the
Government Code of the State of California, and further acknowledge and agree that all
matters upon which the parties reached agreement are set forth in this MOU. If the City
intends to change a matter within the scope of representation under the Meyers-Milias-
Brown Act (MMBA) which is not covered by this MOU, it shall notify the IBEW Local
1245. If the IBEW Local 1245 wishes to negotiate over such a matter, it shall notify the
City within ten (10) work days of notice, and the parties shall commence negotiations
within ten work days of the IBEW Local 1245's notification. If the IBEW Local 1245 does
not respond within ten work days of the City's notification, the City will have no further
obligation to negotiate over the matter.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2022-2024
The terms and conditions of this MOU are applicable to those employees in bargaining unit
classifications represented by IBEW Local 1245. Those classifications are as follows:
• Construction/Maintenance Supervisor
+ Electric Distribution Operator I
• Electric Distribution Operator II
• Electric Distribution Operator Supervisor
* Electric Foreman/Forewoman
■ Electric Groundworker
Electric Line Apprentice I
• Electric Line Apprentice II
■ Electric Lineman/Linewoman
■ Electric Materials Technician
• Electric Troubleshooter
* Electrical Engineering Technician
■ Electrician
Lead Electrician
■ Metering Technician
• Senior Electrical Engineering Technician
+ Substation Technician
• Substation/Metering Supervisor
• Troubleshooting Supervisor
+ Utility Equipment Specialist
• Utility Warehouse Supervisor
The terms and conditions of this MOU are applicable to the above -enumerated classes
which constitute the Unit represented by the IBEW Local 1245.
36.2 Upon written notification from the Union of signed authorization by the employee, the City
shall deduct monthly membership dues or fees from the employee's wages and remit said
dues or fees to IBEW Local 1245.
The IBEW Local 1245 shall indemnify the City against any claims made and against any
suit instituted against the City by said employee for deductions of monthly dues or fees
based on reliance of information provided by the Union. In addition, the IBEW Local
1245 shall refund to the City any amounts paid to it in error upon presentation of supporting
evidence.
36.3 The City shall begin deductions of dues or fees in the amount prescribed by IBEW Local
1245 in the first full payroll period after receipt of written certification of employee
authorization from IBEW Local 1245. Deductions may be revoked only pursuant to the
terms of the employee's written authorization. The City shall direct employee requests to
cancel or change deductions to IBEW Local 1245 and shall rely on information provided by
IBEW Local 1245 regarding whether deduction for IBEW Local 1245 were properly
canceled or changed.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
36.4 Changes in the IBEW Local 1245 membership dues rate shall be certified to the City in
writing over the signature of the Business Representative. The change will be implemented
in the first full payroll period after receipt of the notification.
36.5 The City and the IBEW Local 1245 agree and understand that if any section of the MOU in
any way conflicts with the terms and conditions of employment stated in other authorities,
such as personnel rules, administrative policy and procedure manual, city resolutions, or city
ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is
silent on any issue, the applicable document (i.e. policy manual) is controlling.
36.6 UNION SECURITY
1. INTRODUCTION
The following Union Security provisions shall apply to all employees in bargaining
unit classifications represented by the Union.
2. DUES/FEES
Any employee of the City of Lodi in a classification represented by the Union who
is not on leave of absence may, become a member of the Union, or pay the Union
a service fee in an amount not to exceed periodic dues and general assessments of
the Union. Such amounts shall be determined by the Union and implemented by
the City of Lodi in the first payroll period after written notice of the new amount
is received by the City.
3. CHANGE OF LAW
In the event there is a change in the law whereby any provision hereof becomes
invalid or if for any reason any provision of this Article is rendered unlawful by
any published appellate court decision, the parties hereto shall meet -and -confer
within thirty (30) days to negotiate a substitute provision which conforms to said
law or court decision.
Successor Laneua,~Ye — The City agrees to the following addition to the MOU:
36.7 This MOU shall be binding upon the successors, purchasers, conveyees, transferees,
leasees, and assignees (hereinafter "successors") of the City. In consideration of the
IBEW Local 1245's execution of this MOU, the City promises that its operations covered
by this MOU, or any portion thereof, shall not be sold, conveyed, transferred, leased or
assigned to, or consolidated, or merged with, any successor without first securing an
enforceable agreement of the successor to assume the City's obligations under this MOU.
The City agrees to notify the IBEW Local 1245 of any proposed sale, conveyance,
transfer, lease, assignment, consolidation or merger and to provide, and continue to
provide any and all information about the sale, conveyance, transfer, lease, assignment,
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
consolidation or merger, including a copy of the proposed legal document setting forth
the transaction in request. Such notification and information shall be provided at the
earliest time possible, but in any event, at least sixty (60) days prior to the effective date
of any agreement between the City and the proposed successor.
If the City: 1) Fails to timely notify the IBEW Local 1245 and provide the required
information; 2) Fails to allow an IBEW Local 1245 representative to be present at
negotiations involving the transaction in question; or 3) Fails to secure an enforceable
agreement of the successor to assume the City's obligations under this MOU, the City
shall be liable to the IBEW Local 1245 and to the bargaining unit employees covered by
this MOU for any and all damages sustained by the IBEW Local 1245 and the bargaining
unit employees for such failure.
ARTICLE XXXVII- - GRIEVANCE PROCEDURE
37.1 Disputes involving the following subjects shall be determined by the Grievance Procedures
established herein:
A. Interpretation or application of any of the terms of this MOU, including
Exhibits thereto, Letter of Agreement, and formal interpretations and
clarifications executed by IBEW Local 1245 and City.
B. Discharge, demotion, suspension, or discipline of an individual employee.
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
D. Disputes which may be of a "class action" nature filed on behalf of the
IBEW Local 1245 or the City.
37.2 Class action grievance will be in writing from the Business Representative to the City
Manager or vice versa.
37.3 STEP ONE
Discussion between the employee, the Shop Steward and/or Business Representative and
the Division Head or designated Supervisor directly involved, who will answer within
fifteen work days. This step shall be taken within thirty days of the date of the action
complained of, or the date the grievant became aware of the incident which is the basis of
the grievance.
37.4 STEP TWO
If a grievance is not resolved in the initial step, the Step Two shall be a discussion between
the employee, Shop Steward and/or Business Representative and the Department Head who
shall answer within fifteen work days. This step shall be taken within fifteen work days of
the date of the immediate Supervisor's answer in Step One.
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CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
37.5 STEP THREE
If a grievance is not resolved in Step Two, a committee will be called to investigate the
factual basis of the grievance. The committee shall consist of a representative of the City
Manager, the departmental supervisor, the Department Shop Steward and Business
Representative. Step Three shall be taken within fifteen work days of the date of the answer
in Step Two.
37.6 STEP FOUR
If a grievance is not resolved in Step Three, Step Four shall be the presentation of the
grievance, in writing, by the Business Representative to the City Manager, who shall
answer, in writing, within fifteen work days of receipt of the grievance. Step Four shall be
taken within fifteen work days of the date of the answer in Step Three.
37.7 STEP FIVE
If a grievance is not resolved by the City Manager, arbitration shall be the final step of
appeal for grievances and discipline. It is agreed by both parties that the decision of the
arbitrator is binding and final on both parties and that if this procedure is utilized all other
avenues of appeal are waived. If arbitration is chosen the City must be notified within
fifteen calendar days of the City Manager's decision.
Within ten calendar days after the request for arbitration is received by the City, or at a date
mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If
no agreement is reached at this meeting, the parties shall immediately and jointly request
the State Conciliation and Mediation Service to submit to them a panel of five arbitrators
from which the City and the IBEW Local 1245 shall alternately strike names until one name
remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service
cannot provide a list of five arbitrators, the same request shall be made of the American
Arbitration Association.
To insure that the arbitration process is as brief and economical as possible, the following
guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue
decision, opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may make an audio recording of the
hearing.
C. There shall be no official transcript required; however, either party
may utilize a court reporter at its own sole expense. The cost of a
court reporter required by an arbitrator shall be shared equally by the
parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is
sought and shall outline the MOU provisions governing arbitration.
It may contain mutually agreed on stipulations of fact and it may be
32
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
accompanied by any documents that the parties mutually agree shall
be submitted to the arbitrator in advance of the hearing which may
not necessarily be stipulations of fact. Further, if the parties
mutually agree, the entire matter may be submitted to arbitration for
review without hearing. Absent agreement to prepare a joint letter,
the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall
be informal.
f. The parties have the right to present and cross examine witnesses,
issue opening and closing statements, and file written closing briefs.
Testimony shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses
normally would be present at the hearing only while testifying and
should be permitted to testify only in the presence of the employee or
his/her representative and the employer's representative.
The arbitration hearing shall be held on the employer's premises.
j, The cost of arbitration shall be borne equally by the parties.
However, the cost, if any, of cancellation or postponement shall be
the financial responsibility of the party requesting such delay, unless
mutually agreed by the parties.
The decision, opinion, or award shall be based on the record developed by the parties before
the hearing. The decision shall be in writing and shall contain the crucial reasons
supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of this 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
this 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.
37.8 Failure by either party to meet any of the aforementioned time limits as set forth in Sections
37.3, 37.4, 37.5, 37.6 or 37.7 will result in forfeiture by the failing party. Except,
however, that the aforementioned time limits may be extended by mutual agreement.
Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU,
nor shall such settlements be cited by either party as evidence in the settlement of
subsequent grievances.
33
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
37.9 Employees may have documents relating to absenteeism and disciplinary actions removed
from their personnel files if the incident prompting the action took place twenty-four
months or more previous and no incident of a similar nature has occurred in the interim.
ARTICLE XXXVIII — DISCIPLINARY PROCEEDINGS
38.1 The City Manager, Department Head, or designee may take disciplinary action against an
employee.
38.2 The considerations used in determining the type of disciplinary action shall be considered
on a case-by-case basis. Such considerations shall include, but not be limited to: the
employee's work history and performance record; the nature and severity of the infraction;
degree of orientation; and any extenuating factors.
38.3 The types of disciplinary action that may be taken shall include but not be limited to oral
reprimands, written reprimands, demotions, suspensions, reductions in pay and dismissal
from employment.
38.4 The City of Lodi practices a progressive disciplinary process. The process is subject, but
not limited to the considerations listed in 38.2, and shall be implemented on a case-by-case
basis. As a general guideline, the process of disciplinary action shall be in the following
order:
A. Verbal counseling or oral reprimand to determine the cause(s) or origin(s) for
lacking performance, and to encourage the employee to raise/maintain performance
at an acceptable level.
B. Written reprimand, which, if applicable, will include the performance level the
employee is expected to achieve/maintain.
C. Demotion, suspension, reduction in pay, and dismissal may be used separately,
concurrently, or in succession to other disciplinary actions.
38.5 A written notice shall be given to the employee of the following:
A. The reasons for the disciplinary action including what rules, regulations or policies
have been violated;
B. The effective date(s) of the disciplinary action; and
C. Any rights of appeal.
38.6 The following may be causes for disciplinary action. The purpose of specifying these
causes is to alert employees to the more common types of disciplinary issues. However, this
list is not all inclusive and other instances of unacceptable behavior may arise that are to be
included in this list.
34
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
A. Improper or unauthorized use or abuse of sick leave.
B. Inability to maintain regular and consistent attendance, which prevents reasonable
availability for assigned duties.
C. Absence without authorized leave; repeated tardiness to assigned work station;
leaving assigned work without authorization; failure to report to work after a leave
of absence has expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation of any City rule or policy.
E. Insubordination.
F. Acceptance of gifts or gratuities in connection with or relating to the employee's
duties.
G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a
verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of
a felony or any offense involving moral turpitude is deemed to be a conviction.
H. Fraud or the submission of false information related to employment application,
payroll, or any work-related record or report.
I. Soliciting outside work for personal gain during the conduct of city business;
engaging in outside employment for any business under contract with the City; or
participating in any outside employment that adversely affects the employee's city
work performance; or conducting personal business on city time.
J. Discourteous treatment of the public or city employees or disorderly conduct on city
property or on city business including fighting, or using profanity, intimidation,
abusive or threatening language.
K. Conduct that interferes with the reasonable management, operation, and discipline
of the city or any of its departments or divisions or failure to cooperate with
superiors or fellow employees.
L. Engaging in political activities while on duty, in uniform or using the authority
associated with city employment.
M. Violation or neglect of safety rules or practices.
N. Behavior, either during or outside duty hours, which is of such a nature that it causes
discredit to the city or one of its operating services.
O. Refusal or inability to improve job performance in accordance with written or verbal
direction after a reasonable trial period.
P. Inefficiency, incompetence, or negligence in the performance of duties, including
failure to perform or complete assigned tasks or training, in a prompt, competent
and reasonable manner.
Q. Refusal to accept and carry out reasonable and proper assignment from an
authorized supervisor.
35
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -MOU 2022-2024
R. Intoxication, incapacity or possession or use of controlled substances or alcohol on
City property and/or at the worksite.
S. Failure to obtain or maintain possession of the minimum qualifications for the
position.
T. Careless, negligent, or improper use of city property, equipment or funds, including
unauthorized removal, or use for private purpose, or use involving damage or
unreasonable risk of damage to property.
U. Unauthorized release or use of confidential information or official records.
V. Participation in an illegal strike, work stoppage, slowdown, or other job action
against the city.
W. Inability to perform the duties of his/her job.
X. Dishonesty
Y. Possession of firearms on the job (except for law enforcement personnel).
Z. Sleeping on the job.
AA. Theft.
BB. Retaliation for actions protected by law.
CC. Failure to report loss of or damage caused to city equipment and/or facilities for
which the employee was responsible.
DD. Threats of violence against city employees and/or city property.
EE. Violation of Fair Political Practices Act.
38.7 In the event of a demotion, suspension, reduction in pay or dismissal, and the affected
employee is not satisfied with the decision rendered by the City Manager, the employee may
appeal the decision by filing a written appeal with the Human Resources Department within
ten (10) work days following service of the final notice of disciplinary action. The written
appeal shall contain a written reply to the charges against the employee and a written
request for an appeal hearing.
38.8 If an employee submits an appeal, the City shall refer the appeal to arbitration in accordance
with step five of the grievance procedure in the MOU. In the case of a disciplinary appeal
under this article, the arbitrator's authority shall be limited in accordance with provisions of
step five and the parties' hearing stipulations.
ARTICLE XXXIX - MUTUAL CONSENT CLAUSE
39.1 This MOU may be amended any time during its lifetime upon mutual consent of the City
and IBEW Local 1245. Such amendment must be in writing and attached to all executed
copies of this MOU.
36
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
ARTICLE XL - NO STRIKES
40.1 The represented employees agree that they will not strike, withhold services, engage in
"slow downs" or "sick -ins" or participate in any other concerted activity which adversely
affects job performance or City services during the term of this MOU.
ARTICLE XLI - POLICY MANUAL
41.1 City agrees to provide copies of Policy Manual to IBEW Local 1245 Shop Stewards and
two copies to the Business Representative of IBEW Local 1245 and to place those
individuals on the mailing list for any changes thereto.
ARTICLE XLII - PROBATIONARY PERIOD
42.1 All appointments to positions in the classified service shall be subject to probationary
period of 12 continuous months of service. The probationary period for promotions,
transfers, or temporary employees advanced to regular status who have served in a
temporary capacity for a minimum of six months shall all be six months and are eligible for
a merit increase at that time. The probationary period shall be regarded as an integral part
of the examination process and shall be used to closely observe the employee's work for
securing the most effective adjustment of an employee to his/her new duties, assignments
and responsibilities in his/her new position and for rejecting any probationary employee
whose performance does not meet required work standards. The salary range for Lineman/
Linewoman consists of 2 steps. Newly hired Linemen/Linewomen shall be paid at no lower
than the bottom step of the pay range upon employment and shall be advanced to the top
step after 13 pay periods.
42.2 During the probationary period, all new hires shall have all the rights and privileges
afforded to other employees, except:
1) The use of the Grievance Procedure to grieve termination.
2) The City and the employee may mutually agree to extend the probationary
period for not more than six months. The 113EW Local 1245 shall be notified
of all extensions.
42.3 The City will provide medical insurance to temporary employees. Temporary employees
shall be permitted to obtain dental and/or vision insurance coverage at group rates by the
employee paying the prevailing premiums. When a temporary employee is converted to
regular status, he/she shall receive credit for all time worked as a temporary employee
toward the probationary period.
37
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
ARTICLE XLIII - REST PERIOD
43.1 The City and the IBEW Local 1245 mutually agree that when an employee has worked for
eight hours or more at the overtime rate during the sixteen -hour period immediately
preceding the beginning of his/her regular work hours on a work day he/she shall be entitled
to a rest period of eight hours on the completion of such overtime work. When an
employee has worked for six or more hours at the overtime rate during the twelve hours
immediately preceding the beginning of his/her regular work hours on a work day he/she
shall be entitled to a rest period of six hours on the completion of such overtime work.
When an employee has worked for four or more hours at the overtime rate during the eight
hours immediately preceding the beginning of his/her regular work hours on a work day
he/she shall be entitled to a rest period of four hours on the completion of such overtime
work.
43.2 There shall be included as part of the hours worked at the overtime rate in any qualifying
period any meal time to which the employee is entitled when emergency or prearranged
work is performed, except that any meal time to which he/she is entitled after being
dismissed from work shall not be included in the computation of the rest period.
43.3 Hours worked prior to any rest period in which the employee does not work shall not be
included in computing another period of overtime work.
43.4 If the rest period in whole or in part overlaps the employee's regular work hours he/she will
receive pay at the straight rate for the extent of the overlap, except that the time taken during
such overlap for any meal to which he/she is entitled on dismissal shall be paid for at the
overtime rate.
43.5 If the employee is called back to work during any rest period a new rest period will
commence at the conclusion of such work.
43.6 If the rest period overlaps his/her regular work hours but does not extend into the second
half of his/her work day, the employee may be excused from reporting for work until the
beginning of the second half of his/her work day, and in such event he/she will be paid for
the time between the expiration of the rest period and the end of the first half of his/her
work day.
43.7 If the rest period extends into the second half of his/her work day, the employee may be
excused from reporting for work until the following work day, and in such event he/she will
be paid for the time between the expiration of the rest period and his/her regular quitting
time on such day.
43.8 In the application of the foregoing, an employee unless otherwise instructed, shall be
deemed to be excused from reporting to work for the period between the end of his/her rest
period and the reporting time as designated by the applicable subdivision.
38
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
43.9 An employee entitled to a rest period hereunder may nevertheless be required to work
during regular work hours on a work day without having had a rest period of four, six or
eight consecutive hours, as applicable, in which event he/she shall be paid at the overtime
rate for all work performed until he/she has been relieved from duty for at least four, six or
eight consecutive hours, as applicable. This section shall not apply to prearranged overtime
work.
43.10 For the purposes of this section, when an Electric Distribution Operator, assigned to the
swing shift works four or more hours during the previous day shift and completes his/her
regularly scheduled shift, the first eight hours worked will be paid at the straight time hourly
rate. All time worked in excess of eight hours shall be paid at the appropriate overtime rate
and meal provisions shall apply in accordance with Article XXVII.
ARTICLE XLIV — MISCELLANEOUS
44.1 Prior to any reduction in force of IBEW Local 1245 represented employees, affected IBEW
Local 1245 employees meeting the minimum qualifications of the jobs being contracted
will be offered any bargaining unit work being performed by contractors. These
assignments will be of a temporary nature. All current rules concerning bumping and
selection shall apply. For the purpose of this agreement, contracting occurs when temporary
non-IBEW Local 1245 employees are filling positions; outside contractors are performing
work in the IBEW Local 1245 bargaining unit and cross -training is in effect. The City of
Lodi agrees to notify IBEW Local 1245 in each instance of its intent to contract IBEW
Local 1245 bargaining unit work.
44.2 The City may employ Contract Workers, including linemen/linewomen and individuals in
other skilled trades represented by IBEW Local 1245, from the dispatch hall of IBEW Local
1245. The terms of such arrangements are as follows:
• Contract Workers will be referred from Local 1245's dispatch hall in Vacaville,
California upon request by the City.
• Contract Workers referred to the City shall only be assigned regular work within their
job classification unless agreed otherwise by Local 1245.
• The maximum period of retention shall be six (6) consecutive months unless the
parties agree in writing to waive this requirement in specific cases.
• Contract Workers shall be paid an hourly wage equal to the then -current wages for
their individual classification as established by Local 1245 for "Outside" workers.
Contract Workers shall also be paid a cash equivalent of the then current benefits in
place for such Outside employees as established by Local 1245. In addition, the City
shall pay the appropriate payroll taxes.
• The City shall, when appropriate, apply all other working conditions such as
overtime, meals, etc. that are currently provided for in this MOU. Preference for
overtime will be extended to "regular" City employees, and while the City may work
39
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
Contract Workers overtime, the City is under no obligation to balance overtime for
such individuals.
• The City shall not permanently reduce the number of bargaining unit employees
within any classification corresponding to the classifications of then current Contract
Workers retained under this agreement.
• The City shall have the right to review the background/qualifications of any potential
Contract Worker, including the right to interview same. The City may elect to not
retain or to terminate the use of any particular Contract Worker at any time for any
reason without recourse or liability.
44.3 The City of Lodi shall continue to provide IBEW Local 1245 with as much notice as is
practicable of technological changes in its business that may have a significant effect on its
work force. In such circumstances, the City of Lodi and the IBEW Local 1245 shall then
meet to study and endeavor to adopt appropriate solutions.
44.4 The City will provide a representative of IBEW Local 1245 access to attend a thirty (30)
minute portion of the new hire orientations, during which the IBEW Local 1245
representative may meet privately with the group of newly hired IBEW Local 1245
bargaining unit members. The City will provide IBEW Local 1245 at least ten days'
advance notice of any new employee orientation absent an urgent need critical to the City's
operations, in which case the City will provide as much advance notice to IBEW Local
1245 as possible.
44.5 Electric Utility Management and IBEW agree to participate in regularly scheduled Labor -
Management meetings. The purpose of these meetings is to maintain effective
communication between the parties and to discuss matters of mutual interest. These
meetings are not for the purpose of resolving formal grievances; however, issues of concern
should be discussed at these meetings in an effort to resolve before they rise to the level of a
formal grievance. The Labor -Management Committee shall be comprised of up to three
Electric Utility Management staff, the Human Resources Manager, the IBEW Business
Representative, and up to four employee representatives. The meetings shall be conducted
quarterly, or more frequently as mutually agreed upon by both parties. The City and Union,
by mutual agreement, can cancel meetings as deemed appropriate. Each party has the
option to invite additional attendees as needed to address concerns of a specialized nature.
ARTICLE XLV - TERM
45.1 This MOU covers the period from January 1, 2022 through December 31, 2024.
Effective January 1, 2022, and except as provided herein, the Memorandum of
Understanding ("MOU") between Local 1245, International Brotherhood of Electrical
Workers, Electric Utility Unit ("IBEW") and the City of Lodi ("City") shall cover the period
January 1, 2022 to December 31, 2024, and it shall continue thereafter from year to year
40
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022-2024
unless either party shall give notice in writing to the other party at least sixty (60) days prior
to any such anniversary date of its desire to amend or terminate same.
45.2 The parties mutually agree to commence negotiations no later than three (3) months prior to
the expiration of the MOU.
41
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
ATTACHMENT A
IBEW Salary Schedule, effective January 10, 2022
42
ANNUAL SALARY
EFFECTIVE DATE
BU CODE
JOB DESCRIPTION
0
1
2
3
4
01/10/2022
1 6500
ELEC GROUNDWRKR
$ 73,827.00
$ 77,517.18
$ 81,389.10
$ 85,468.76
$ 89,730.68
01/10/2022
1 6501
ELEC LINEAPR1
$ 88,217.48
$ 92,628.12
$ 97,259.50
$102,122.54
$107,228.42
01/10/2022
1 6502
ELEC LINEAPR 11
$117,951.86
$123,849.70
$ -
$ -
$ -
01/10/2022
1 6503
ELEC APP MECH
$ 93,368.60
$ 98,041.06
$102,968.06
$108,103.06
$113,531.34
01/10/2022
1 6504
ELEC LINEPERSON
$ -
$ -
$
$129,723.62
$136,237.66
01/10/2022
1 6505
ELEC FOREPERSON
$ -
$
$
$ -
$156,653.64
01/10/2022
1 6506
ELECTRICIAN
$ -
$
$ -
$106,945.46
$112,315.76
01/10/2022
1 6507
ELEC MTRLS TECH
$ 83,597.80
$ 87,776.52
$ 92,168.18
$ 96,775.64
$101,611.64
01/10/2022
1 6508
LEAD ELCTRICIAN
$ -
$ -
$ -
$ -
$123,547.84
01/10/2022
1 6509
ELEC DRFTG TECH
$ 78,681.20
$ 82,620.98
$ 86,739.64
$ 91,081.90
$ 95,637.36
01/10/2022
1 6511
ELEC TECH
$124,581.34
$130,808.60
$137,348.12
$144,214.46
$151,430.50
01/10/2022
1 6512
SR ELEC TECH
$137,291.70
$144,164.54
$151,358.74
$158,939.56
$166,875.80
01/10/2022
1 6513
DIST PLANNER
$107,393.52
$112,772.40
$118,411.54
$124,341.62
$130,544.44
01/10/2022
1 6514
DIST PLANN R SUP
$118,164.80
$124,048.08
$130,256.62
$136,784.18
$143,602.68
01/10/2022
1 6520
ELEC TRBLSHTR
$ -
$ -
$ -
$ -
$139,421.62
01/10/2022
1 6521
TRBLSHTNGSUPV
$ -
$ -
$ -
$ -
$156,653.64
01/10/2022
1 6530
UTIL EQUIP SPEC
$ 81,199.30
$ 85,271.42
$ 89,545.82
$ 94,010.28
$ 98,721.74
01/10/2022
1 6531
ELEC DIST OP 1
$112,083.40
$117,687.18
$123,968.52
$129,750.14
$136,237.66
01/10/2022
1 6532
ELEC DIST OP II
$ -
$
$ -
$136,237.66
$143,049.66
01/10/2022
1 6535
ELEC DIST OP SU
$
$ -
$
$149,861.40
$157,368.12
01/10/2022
1 6540
METERINGTECH
$ -
$
$
$ -
$121,987.32
01/10/2022
1 6550
CONST/MAINTSUP
$ -
$
$ -
$ -
$172,323.32
01/10/2022
1 6554
ELEC ENG TECH
$ 86,560.24
$ 90,874.16
$ 95,421.56
$100,202.96
$105,192.36
01/10/2022
1 6555
SR ELC ENG TECH
$ -
$ -
$ -
$ -
$124,974.20
01/10/2022
1 6560
:SUB/METER SUPER
$ -
$ -
$ -
$172,323.32
01/10/2022
I 6565
SUBSTATION TECH
$ -
$ -
$ -
$144,214.46
$151,430.50
01/10/2022
I 6570
UT WARE SUPERV
$ 91,957.58
$ 96,554.12
$101,384.92
$106,452.84
$111,772.70
42
Attachment B — Standby Pay Guidelines and sample schedule
Standby assignments will remain at the discretion of the Department Director based on
operational need.
Operations: No proposed change to Operations Standby Schedule (4 week rotation once fully
staffed with 3 Operator IIs and 1 Operations Supervisor)
Troubleshooters: No proposed change to Troubleshooting Standby Scheduled (3 week rotation)
• Troubleshooting Supervisor will be the on-call Field Supervisor during his/her
normal week of on-call assignment
Substation Technicians and Substation/Metering Supervisor: The 2 Substation Technicians and
the Substation/Metering Supervisor will rotate Standby assignments (3 week rotation)
• Substation/Metering Supervisor will be the on-call Field Supervisor during his/her
normal week of on-call assignment
Linecrews and Construction/Maintenance Supervisor: the 3 Linecrews will rotate Standby
assignments (3 week rotation once fully staffed)
• Construction/Maintenance Supervisor will be the on-call Field Supervisor every
3rd week in rotation with the Troubleshooting Supervisor, and the
Substation/Metering Supervisor
■ Apprentice, Journey level Linemen, and Foremen comprise this standby list for
linecrews
43
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2022 - 2024
On - Call Rotation Weekl Week2 Week3 Week4 WeekS Week6 Week? WeekB Week9 Week10 Weekll Week12
,Operations [4 week ro
'Troubleshoot 2g Supervisor
7k:
'Troubleshooter1 x x x
x
'Troubleshooter 2 xx x :x
,Operator 11 (3)
.Journeyman 2
Apprentice 1
'Troubleshooting 3week rotation)
'Troubleshoot 2g Supervisor
7k:
'Troubleshooter1 x x x
x
'Troubleshooter 2 xx x :x
xx
.Journeyman 2
Substations 3week rotatio
Substation Supervisor
7k:
Substation Technician 1 .x
x ;x .x
Substation Technician x
x x x
Line Construction 3week rotation
Construction Supervisor
k
Foreman 1
K x x x
Journeyman 1
K x x x
.Journeyman 2
Apprentice 1
x x x x
Foreman 2
,Journeyman 3
Journeyman 4
.A22rentice 2
Foreman 3
Journeyman 5
.Journeyman 6
,Apprentice 3
tKey
- On -Call Field Supervisor
Crew 1
Crew 2
Crew 3
44
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2022 - 2024
I. B. E. W. - LOCAL 1245
ELECTRIC UTILITY UNIT
Robert Dean
Business Manager, IBEW
Date:
Sheila Lawton
Business Agent, IBEW
Date:
Rod Brown
Substation/Metering Supervisor
Date:
Jeremy Barlow
Construction and Maintenance Supervisor
Date:
Brent Sirkel
Electric Troubleshooter
Date:
Ryan Mahler
Electric Foreman
Date:
Michael Koinzan
Warehouse Supervisor
Date:
45
CITY OF LODI
A MUNICIPAL CORPORATION
Stephen Schwabauer
City Manager
Date:
Andrew Keys
Deputy City Manager
Date:
Adele Post
Human Resources Manager
Date:
APPROVED AS TO FORM:
Janice D. Magdich
City Attorney
Date:
Attest:
Jennifer Cusmir
City Clerk
Date: