HomeMy WebLinkAboutAgenda Report - December 7, 2022 H-02t CITY OF
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CALIFORNIA
AGENDA ITEM
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding Between the City of Lodi
and AFSCME - General Services for the Period January 1, 2023 through December 31,
2025
MEETING DATE: December 7, 2022
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt Resolution approving the Memorandum of Understanding between
the City of Lodi and AFSCME — General Services for the period January 1,
2023 through December 31, 2025.
BACKGROUND INFORMATION Representatives from the City of Lodi and AFSCME General Services have
been bargaining over the terms of a successor MOU over the past four
months.
Staff is requesting the following wage and benefit changes for the AFSCME General Services employees as
follows:
■ Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City's contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and
o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits
for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Increase the annual boot allowance from $250 to $350.
• Addition of one fixed holiday in observance of Juneteenth.
Staff recommends that the Council approve the revisions to compensation and other benefits for AFSCME
General Services employees.
FISCAL IMPACT: City wide, the total long-term annual cost of the proposed agreement is estimated
to be $1,075,740. The total cost of the term of the agreement is $2,410,490.
APPROVED: NV��o,anztioniF,=.
Stephen Schwabauer, City Manager
CITY WIDE COST ALL FUNDS
Calendar Year 2023 $ 515,000
Calendar Year 2024 $ 819,750
Calendar Year 2025 $ 1,075,740
Total Cost (3 Year) $2,410,490
In the General Fund, total long-term annual cost of the proposed agreement is
estimated to be $688,474. The total General Fund cost over the term of the
agreement is $1,542,714.
GENERAL FUND_ COST
Calendar Year 2023 $ 329,600
Calendar Year 2024$524,640
Calendar Year 2025 _ $ 688.474
Total Cost (3 Year) 1 $ 1,542,714
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City
employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings
are the first source for funding the increases for this and future employee contract
changes in the coming Fiscal Year. These savings have been significant in the
past three years allowing the City to build up substantial reserves. These reserves
may be necessary to finance a portion of salary increases. Staff will first seek to
prioritize Pension Stabilization Reserves held at PARS to pay eligible pension
costs in order to preserve locally held economic and catastrophic reserves should
actual reserves be needed. Staff will seek Council input prior to any use of
reserves.
Adele Post
Human Resources Manager
XVI
Andrew Keys
Deputy City Manager/Internal Services Director
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
A.F.S.C.M.E. COLJNCII, 57
LOCAL 146 -AFL-CIO
GENERAL SERVICES UNIT
January 1, 2023 — December 31, 20252
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TABLE OF CONTENTS
Pg
CHAPTER 1— SALARIES AND OTHER COMPENSATION
Article I
Salary
4
Article II
Hours
4
Article III
Compensatory Time
4
Article IV
Overtime
5
Article V
Meals
6
Article VI
Temporary Upgrade
7
Article VII
Tools and Uniform Allowance
7
Article VIII
Safety/Safety Boot Provisions
10
Article IX
Education Incentives
11
Article X
Notary Public Incentive
11
Article XI
Bilingual Pay
11
Article XII
Tuition Reimbursement
I 1
Article XIII
Court Appearances
11
Article XIV
Mileage Compensation
12
CHAPTER 2 — LEAVES
Article XV
Catastrophic Leave
12
Article XVI
Bereavement Leave
12
Article XVII
Holidays
13
Article XVIII
Leave of Absence
14
Article XIX
Sick Leave
14
Article XX
Vacation Leave
14
CHAPTER 3 — INSURANCE AND RETIREMENT
Article XXI
Medical Insurance
15
Article XXII
Dental Insurance
16
Article XXIII
Vision Insurance
16
Article XXIV
Chiropractic
16
Article XXV
Life Insurance
16
Article XXVI
Long Term Disability
16
Article XXVII
Workers' Compensation
17
Article XXVIII
Flexible Spending Account
17
Article XXIX
Deferred Compensation
17
Article XXX
PERS
17
Article XXXI
Sick Leave Conversion
18
CHAPTER 4 — UNION / CITY ISSUES
Article XXXII Union Leave 20
Article XXXII I Layoff 20
Article XXXIV Changes in Memorandum 20
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Article XXXV
City Rights
20
Article XXXVI
Employee Representation
21
Article XXXV II
Grievance Procedure
23
Article XXXVIII
Mutual Consent Contingency
26
Article XXXIX
No Strikes
26
Article XL
Probationary Period
26
Article XLI
Promotion
26
Article XLII
Seniority
27
Article XLIII
Shop Stewards
27
Article XLIV
Status
27
Article XLV
Term
28
Exhibit A — Salary Schedule effective February 10, 2020
Exhibit B — Certification Requirements and Incentive Chart
3
29
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Chapter 1 - Salaries and Other Compensation
ARTICLE I — SALARY
1.1
2022, the GiV.shall inerease fliesitlafy ranges by five per -cent
° The City
shall provide wage increases over the term of the contract as follows:
Six percent (6%) effective January 9. 2023;
Five percent (5%) effective January 8.2024; and
Four percent (4%) effective January 6, 2025.
1.3 For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced Manteca
Modesto Redding Roseville Stockton Tracy Turlock
Vacaville Visalia Woodland
ARTICLE II — HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all
represented personnel shall be eight (8) hours per day and forty (40) hours per
week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for
eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10
schedule. The lunch period shall normally commence between the third and fifth
work hour at the discretion of the Supervisor.
a. Employees of the Library may work a schedule which includes split days
off. The hours of work shall vary according to a pre -posted work schedule.
b. Parking Enforcement Assistants and Animal Control personnel shall work
a schedule which may provide at least one person to work each Saturday.
C. Alternate work schedules may be developed by mutual agreement between
the employee and the appropriate supervisor.
2.2 Work schedules presently in effect shall remain in effect. Any change in work
hours or workdays shall be a meet and confer item.
ARTICLE III — COMPENSATORY TIME
3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be at the appropriate rate for overtime worked.
3.1.1 The decision to elect compensatory time or overtime pay may be made each time
overtime is worked. An employee's decision to elect compensatory time instead
of overtime pay is irrevocable.
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3.2 No more than two hundred (200) hours of compensatory time may be carried on
the books at any time.
3.4 Employee's may cash out any amount of the compensatory time at the employee's
straight time hourly rate of pay each April, June, and October. A request to cash
out leave must be in writing and submitted to the Finance Division.
3.5 Upon separation, the employee will be paid at the employee's current hourly rate
of pay or the average of the last three years, whichever is higher, for the
remaining compensatory balance.
ARTICLE IV — OVERTIME
4.1 Overtime work paid at the time and one half rate, is work performed by an
employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Section 2.1 and 2.2.
b. Time worked on a non -work day.
Time worked on a holiday will be paid at time and one-half rate (1'/2). Hours
worked on a holiday, as part of an employee's regular work schedule shall be
compensated as above, plus regular straight time pay. Holiday, for overtime
purposes, is defined within the Holiday section of this MOU.
Overtime work paid at the double time rate is work performed in excess of twelve
(12) hours, between 12:00 a.m. and 12:00 a.m. on any given day, or for any
hours between the hours of 12:00 a.m. and 6:00 a.m. Phone calls lasting less than
ten (10) minutes, text messages and/or emails that do not require substantive work
would be paid one (1) hour at the appropriate overtime rate. Calls more than ten
(10) minutes, text messages and/or emails that require substantive work would
receive the standard three (3) hour callback at the appropriate overtime rate.
4.2 Employees who are required to report for prearranged work on their non -work
days or holidays shall be compensated at the overtime rate for actual hours
worked, but in no event shall they be paid for less than three (3) hours.
4.3 Rest Period
If an employee has worked for six (6) hours or more at the overtime rate during
the sixteen (16) hour period immediately preceding the beginning of his or her
regular work hours, on a work day, he or she shall be given a rest period of six (6)
consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
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4.4 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
a. On work days outside of regular work hours, shall be paid overtime
compensation for actual worked time in connection therewith, provided
however, that if any such employee continues to work into regular work
hours, shall be paid overtime compensation only for actual work time up to
regular work hours.
b. On non -work days or on holidays, shall be paid overtime compensation for
actual work time in connection therewith.
For the purpose of this Section, prearranged overtime work is deemed to be
work for which advance notice has been given by the end of preceding work
period on a work day.
4.5 The Animal Services Supervisor, and Assistant Animal Services Officer serve on
an on call basis on a weekly basis and shall be compensated $200 per week for
weeks they serve on call.
4.6 Call Out Pay:
A. The employees called out shall be paid at the rate of one and one half (1'/z)
times the straight time rate of pay for time worked on emergency calls
before 12:00 a.m.. Time worked between 12:00 a.m. and 6:00 a.m., or in
excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00
a.m. on any given day, shall be paid at double time.
B. The first call -out will be paid at three (3) hours minimum at the
appropriate overtime rate as defined in Article 4.6 (A) of this Agreement.
Subsequent calls on the same calendar day will be paid for actual time
worked at the appropriate overtime rate as defined in Article 4.6(A) of this
Agreement.
C. All subsequent hours worked on a call -out shall be paid at the appropriate
overtime rate per Article 4.6(A) of this Agreement.
D. Phone calls lasting less than ten (10) minutes, text messages and/or emails
that do not require substantive work to be performed, will be paid one (1)
hour at the appropriate overtime rate as defined in Article 4.6(A) of this
Agreement. Calls lasting longer than ten (10) minutes, text messages
and/or emails that require substantive work will receive the standard three
(3) hour minimum at the appropriate overtime rate as defined in Article
4.6(A) of this Agreement and any additional hours worked as defined in
Article 4.6(C) of this Agreement.
ARTICLE V — MEALS
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5.1 The City and AFSCME mutually agree to engage in further discussion to
incorporate clarifying language for Article V — Meals.
5.2 If the City requires an employee to perform work for one and one-half (1-1/2)
hours immediately following quitting time, or if any employee is called in more
than two (2) hours immediately before regular starting time, the City shall provide
such employee with a $25 meal allowance, payable through payroll. If an
employee works beyond the regular quitting time, the City shall continue to
provide a meal allowance at four (4) hour intervals until the employee is
dismissed from work. The cost of such meals and the time taken to consume
them, not to exceed one hour, shall be at the City's expense.
5.3 When the City requires employees to work on non -workdays without notice, the
City shall provide a meal allowance at intervals of four (4) hours. The first meal
shall be four (4) hours after employees report to work, providing time is allowed
for an employee to eat before reporting. If such time is not allowed, the first
meal break shall be two (2) hours after reporting for work and at four (4) hour
intervals thereafter.
5.4 When an employee is required to perform prearranged work on non -work days
during regular work hours, he/she shall observe the lunch arrangement which
prevails on his/her work days. If such work continues after regular work hours,
the City shall provide the employee with meal allowances in accordance with the
provisions of Section 5.1 hereof.
5.5 If the City requires an employee to perform prearranged work starting two (2)
hours or more before regular work hours on workdays or non -workdays, and such
employee continues to work into regular work hours, the employee shall be
provided one (1) meal allowance on the job and the City shall provide other meal
allowances as required by the duration of the work period. The meals provided
for in this Section shall be eaten at approximately the usual times and the usual
practice relating to lunch periods on work days shall prevail.
ARTICLE VI — TEMPORARY UPGRADE
6.1 Any employee who is assigned by the Department Head or designee to a higher
classification in the absence of the incumbent, for four (4) hours, shall receive a
10% wage increase while in this status. However, in no event shall the upgrade
pay per hour exceed the top step of the classification to which the employee is
temporarily upgraded.
ARTICLE VII — TOOLS AND UNIFORM ALLOWANCE
7.1 The City agrees to provide all necessary uniforms and safety equipment for the
following classifications in the General Services Unit and provide a uniform care
and cleaning allowance of $600 per year. The uniform allowance shall be paid bi-
weekly.
• Animal Services Supervisor
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• Assistant Animal Services Officer
■ Field Services Representative
• Field Services Supervisor
• Parking Enforcement Assistant
• Police Records Clerk
• Police Records Clerk Supervisor
■ Senior Police Records Clerk
• Supervising Cede/Gommunhy I...,.. e ismsat Offiic.ati
A. The Field Services Representative and the Field Services Supervisor shall be
provided with uniforms that meet the requirements for flame retardant
clothing. Uniforms provided by the City shall include a jacket, pants, and
shirts, and appropriate rain gear. Jackets shall be replaced as needed.
B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision
that appears to grant the listed classifications both a city provided uniform and
a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in
the event the City and IBEW propose a quartermaster uniform system that
incorporates the Field Services classifications.
7.2 The City and AFSCME mutually agree that the City shall purchase appropriate
foul -weather coats and boots as deemed necessary for field personnel.
7.3 The City agrees to provide prescription safety glasses up to a maximum cost of
$500 per pair as required. A maximum of two (2) pair of prescription safety
glasses will be provided by the City during employment except as indicated in 7.5
and 7.6 below.
7.4 The employee shall pay directly to the optometrist any fees for prescription
examination or related charges if needed. The employee shall submit receipts for
prescription safety frames and lenses to the City of Lodi for reimbursement.
7.5 Prior to issuance of a replacement pair of prescription safety glasses for payment
by the City, the employee shall discuss with and receive approval from the
immediate supervisor and department head. The criteria for issuance of a
replacement pair of safety glasses are as follows:
1. If safety glasses are damaged due to an accident on the job, the safety
glasses will be replaced and paid for by the City.
2. If safety glasses are lost or damaged off the job, the employee will pay the
total amount for replacement.
3. If an employee requires a change of prescription for safety glasses, the
employee must submit a written statement from the eye doctor stating that
the prescription change is necessary.
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4. If safety glasses are unsafe due to normal wear and tear, the City shall
approve a replacement pair as specified above.
7.6 The following conditions on the part of any applicable employee shall be grounds
for the cost of the employee's issued safety glasses to be deducted from the
employees payroll check after a determination of cost has been made by the City.
1. Where the City would be required to replace issued safety glasses due to
abuse by the employee.
2. Failure on the part of an applicable employee to wear or utilize safety
glasses unless agreed to in writing.
3. Failure on the part of an applicable employee to return issued safety
glasses, regardless of condition, upon separation from City service.
7.7 Uniforms and safety equipment damaged in the line of duty shall be replaced or
repaired by the City.
7.8 When an employee's personal clothing is damaged in the line of duty, the
employee may request to have the item replaced or repaired at the City's expense.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
b. The City shall have the sole discretion to approve or deny the request, and
its denial shall not be grievable.
C. Repair costs shall not exceed ordinary costs and shall be limited to the
repair identified in the employees claim.
d. Items replaced shall be of similar, or the same value as the item being
replaced. The City may require the employee to forfeit the damaged item
to the City for inspection.
e. All requests for reimbursement shall be accompanied by receipts.
7.9 Employees whose prescription glasses are damaged in the line of duty shall be
entitled to reimbursement for the cost of replacing or repairing glasses.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
b. Glasses replaced shall be of an equal or similar value to the glasses that
were damaged.
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C. Any insurance benefit paid to the employee or paid by the insurance
provider toward the replacement/repair costs shall result in a reduction to
the amount reimbursed to the employee by the amount paid by the
insurance provider.
Example:
Cost of Eyewear/Repair $150
Insurance Pays $100
Reimbursed to employee $ 50
d. All requests for reimbursement shall be accompanied by receipts.
ARTICLE VIII — SAFETY BOOT/FOOTWEAR PROVISIONS
8.1 The City agrees to provide an annual boot allowance of $9$350, paid semi-
annually as part of the last biweekly payroll in the months of April and October
of each year, for the following classifications:
Building Inspector I/II
!'ode EHfo -..e., eot nom eefConunllni[y Inlprovemeirt Officer I/II
Engineering Technician I/II
Jr. Engineer
Public Works Inspector I/II
Sr. Engineering Technician (1) (who do inspection/survey work)
Supervising Code/Community Improvement Officer
Records Clerk
Senior Police Administrative Clerk (if assigned to Records division)
Police Records Supervisor
Animal Services Supervisor
Assistant Animal Services Officer
Parking Enforcement Assistant
Water Services Technician I/II
8.2 Safety boots are defined as leather work boots with a minimum of 4" ankle
support. Employees have the option of purchasing these boots with or without
steel toes.
8.3 Employees who are assigned to a Lodi Police Department job site, or are
supervised by Lodi Police Department personnel, and who are required to wear a
uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi
Police Department Policy and Procedure Section 210.1 C mandate. This includes
appropriate foot wear for Class B and Class A uniforms.
8.4 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
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8.5 Employees who are required to wear specific boots or shoes per any City of Lodi
Policy and Procedures mandate, must wear the appropriate footwear when
performing the duties/tasks of the assigned classification.
8.6 Employees performing duties/tasks without the prescribed appropriate footwear
may be required to vacate the job site until such time as they can return wearing
the required footwear for the classification/dutieshasks. Time spent away from
the job site for this purpose shall not be paid City of Lodi time.
8.7 Safety footwear for Field Services Representatives and the Field Services
Supervisor shall be provided by the Electric Utility Department and shall meet the
Electrical Hazard (EH) rating.
8.8 The City will provide all mandated Personal Protective Equipment (PPE) as
required, including appropriate rubber glove and leather protectors for Field
Services Representatives and the Field Services Supervisor.
ARTICLE IX — EDUCATION INCENTIVES
9.1 Employees in sub -professional engineering positions having the following
certificates will receive an additional $23.08 per pay period:
Engineer in Training
Land Surveyor in Training
Land Surveyor
9.2 Employees in the classification of Public Works Inspector I and Public Works
Inspector II are eligible for the following incentives:
2% of base salary for possession of a Distribution 1 (D1) certificate
$60.00 per month for possession of a Distribution 2 (D2) certificate
$40.00 per month for possession of a Treatment 1 (T1) certificate
$40.00 per month for possession of a Collection 1 (Cl) certificate
ARTICLE X — NOTARY PUBLIC INCENTIVE
10.1 Employees who possess a Notary Public certification and use the Notary Public
service as a part of their employment duties with the City will receive a monthly
incentive of $40.00. The City will provide Errors and Omissions insurance for
employees who perform notary duties as part of their employment.
ARTICLE XI — BILINGUAL PAY
11.1 Employees designated by the Department Head and approved by the City
Manager who have passed a bilingual proficiency examination administered by
the City shall receive a monthly bilingual supplement of $150, paid bi-weekly.
The City Manager has the discretion in determining the languages that will be
recognized.
ARTICLE XII — TUITION REIMBURSEMENT
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12.1 Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not reduce the maximum reimbursement
amount of $3,000 or eliminate this policy during the term of this MOU.
ARTICLE XIII — COURT APPEARANCES
13.1 Employees summoned by a court for jury duty shall be granted jury duty leave
with pay and may keep any jury duty compensation received. Voluntary grand
jury service such as that service in San Joaquin County is not covered by jury
duty leave.
13.2 If jury duty attendance is less than one-half (%2) of a normal working day, the
employee is expected to return to work.
13.3 Employees assigned to shift work shall not be scheduled for regular work during
the 12 hours preceding the scheduled time for jury duty.
13.4 If an employee has had jury duty of six (6) hours or more during a sixteen (16)
hour period immediately preceding the beginning of or following the end of
his/her regular work hours on a work day, he/she will be given a rest period of six
(6) consecutive hours.
13.5 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half time (11/2) his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employees, the Department Head designee must be notified in writing of the off
duty appearance within seventy-two (72) hours after the employee is subpoenaed
or otherwise notified of the required court appearance.
ARTICLE XIV — MILEAGE COMPENSATION
14.1 Employees using their personal automobile for City business, with their
Department Head's approval, shall receive mileage compensation equal to that
allowed by the Internal Revenue Service. City business does not include
transportation to and from work or call backs due to emergencies.
14.2 Allowance changes shall be effective the first day of the month following the
determination of a change by the IRS.
Chapter 2 - Leaves
ARTICLE XV — CATASTROPHIC LEAVE
15.1 Catastrophic Leave will be provided as stated in the City's current policy. The
City will not eliminate this policy during the term of this MOU. Catastrophic
Leave may be utilized for care of an employee's qualified family members (as
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identified in the City's Catastrophic Leave Policy) even if the employee
participates in Short Term Disability.
15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any
use of Short Term Disability.
ARTICLE XVI — BEREAVEMENT LEAVE
16.1 Employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel
to and from the location of the funeral. The immediate family shall be limited to
an employee's:
Spouse/domestic partner Parent/step-parent/foster parent Parent -in-law
Child/step-child Son or Daughter -in -Law Grandparent
Grandparent -in-law Brother/half-brother/step-brother Grandchild
Sister/half-sister/step-sister
or a more distant relative who was a member of the employee's immediate
household at the time of death.
16.2 A regular employee may use sick leave, vacation leave, or compensatory time off
to attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days for classifications in the
General Services Unit.
ARTICLE XVII — HOLIDAYS
17.1 Members of this Unit shall observe the following nationally observed holidays:
New Year's Day
January 1
Martin Luther King, Jr. Day
3rd Monday in January
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Juneteenth
June 19
Independence Day
July 4
Labor Day
1 St Monday in September
Thanksgiving Day
4th Thursday in November
Day after Thanksgiving Day
Friday following Thanksgiving Day
Christmas Eve (4 hours)
December 24
Christmas Day
December 25
Employees receive holiday pay if/when they work on the above City -recognized
national holiday.
In addition, each employee shall be granted an additional thirty-six (36) hours of
holiday leave (floating holiday) to be taken off at a time mutually agreed upon
between the employee and the Department Head. Holiday leave cannot be carried
over into the following calendar year.
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Employees hired after the first pay period of the year are credited with fixed
holidays plus a prorated share of floating holidays for the remainder of the
calendar year. Employees separating from employment shall be debited the fixed
holidays and the prorated share of floating holidays for the remainder of the
calendar year.
17.2 Holidays which fall on the first regularly scheduled day off shall be observed on
the preceding work day. Holidays which fall on any other regularly scheduled
day off shall be observed on the next regularly scheduled work day, with the
exception that if the next regularly scheduled work day is also a holiday, the first
holiday shall be observed on the preceding work day.
17.3 Bargaining unit members will be granted a day off on the Saturday and Sunday
preceding any holiday observed by the City and the Library on a Monday.
Bargaining unit members will also be granted a day off on the Saturday and
Sunday following the observance of a Saturday holiday on the preceding Friday
by the City and the Library. Bargaining unit members will also be granted a day
off on Easter Sunday.
17.4 Holiday time -may -shall be taken in no less than quarter hour increments.
ARTICLE XVIII — LEAVE OF ABSENCE
18.1 Leave of Absence will be provided as stated in the City's Leave of Absence
Policy. The City will not eliminate this policy during the term of this MOU.
ARTICLE XIX — SICK LEAVE
19.1 Effective December 8, 2003, full time employees shall accumulate sick leave at
the rate of 3.70 hours per pay period.
19.2 Sick leave may be accumulated up to an unlimited amount.
19.3 Family Sick Leave will be provided in accordance with the City's current Sick
Leave Policy as revised in September 2010.
ARTICLE XX — VACATION LEAVE
20.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire:
3.08 hours per pay period
6th year
4.62 hours per pay period
12th year
5.24 hours per pay period
15thyear
6.16 hours per pay period
21St year
6.47 hours per pay period
22nd year
6.78 hours per pay period
23rd year
7.09 hours per pay period
24th year
7.40 hours per pay period
25th year & over
7.71 hours per pay period
14
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
20.2 If a conflict arises in the scheduling of vacations for employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest seniority. The senior employee shall receive first choice in any
scheduling period.
20.3 For all persons hired after September 1, 1995 the maximum vacation accrual will
be 6.16 hours per pay period.
20.4 The maximum amount of unused vacation hours that an employee may accrue, at
any given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount,
the employee shall stop accruing any additional vacation. Accrual will
automatically resume once the employee uses some vacation and the accrual
balance falls below the maximum accrual amount.
20.5 Under extenUating circumstances requests to accrue vacation leave over the
maximum may be authorized by the City Manager. For all other issues re ag rding
Vacation Leave refer to the City's policy on Vacation Leave.
Chapter 3 — Insurance and Retirement
ARTICLE XXI —MEDICAL INSURANCE
21.1 All employees are offered medical insurance for themselves and dependents
through Cal PERS-Medical Plans. Effective January 1, 202329f8, the City will
contribute the following amounts toward the medical premium:
$1,794-.f4$2 per month for family
X380.39$1,542.71 per month for employee +1 dependent
$690:20 $771.35 per month for employee only
The employee will pay one hundred percent (100%) of the difference between the
City's contribution and the monthly premium for the plan elected.
21.2 If an employee waives medical insurance through the City of Lodi, the employee
may at their option take the following in cash or deposited into their deferred
compensation account (Cash in lieu):
$692.81 per month for family
$532.92 per month for employee + 1 dependent
$305.22 per month for employee only
In order to qualify for this provision, proof of group insurance must be provided
to the City.
21.3 Effective January 1, 20232020 and through December 31, 20252022, the
maximum amount the City will pay towards medical premiums will be increased
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 2025-2
by the lower of three percent (3%) or the actual cost increase (for the employee's
applicable cap) for employees whose annual base salary is less than $47,000.
Percentage increases shall be based upon the amounts paid by City
(`f> W"2 $771.35 for Employee only, q,380.3-4 1 542.71 for Employee +1,
X1$2,005.52 for Falrlily).
21.4 Employees shall be eligible for medical insurance the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
21.5 The City shall pay 100% of the premiums or up to the maximum City payment
noted above for health and dental benefits for the unmarried surviving spouse and
any minor children of any member of this unit who is killed or dies during the
performance of official duties. This benefit terminates if the surviving spouse
remarries, the children reach the age of 26, or other medical insurance becomes
available.
ARTICLE XXII — DENTAL AND ORTHODONTIA INSURANCE
22.1 T,,,,.- le ons n e provided fully paid f- r— dental i n
tal_in e. The Citwill aY the
Y - -p
full cost for dental premiums for employee and eligible dependents.
22.2 i ^•,:.,.,,.,, I-enelits ., a $1,000 -for. s r -A � .,,:I., ., o nbeF a oIlea :1a .1„
per- eale4apj�eit.The annual maximum benefit is $1,250 for each family member
enrolled in the dental plan per calendar year, There is a $25 deductible plus co-
insurance features.
22.3 Effective January 1, 2023, the City shall provide orthodontia benefits, up to a
lifetime cap of $1,250 for each person covered tinder tale plan.
ARTICLE XXIII — VISION INSURANCE
23.1 The City agrees to provide a vision care plan equivalent to the VSP Signature
Plan with a $25 deductible for the employee and dependents. The entire premium
shall be paid by the City.
ARTICLE XXIV — CHIROPRACTIC
24.1 The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXV — LIFE INSURANCE
25.1 The City agrees to provide a life insurance program providing $25,000 term life
insurance which includes a $25,000 Accidental Death and Dismemberment
coverage for the employee. Said amount of insurance to reduce to $6,500 at age
70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried
dependent children between the ages of 6 months and 21 years, unmarried student
dependent children to 23`d birthday, and dependent handicapped children shall be
covered for $1,500 insurance. Children under 6 months shall be provided with
$150 life insurance.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 2025-2
The City will provide an additional $10,000 of Accidental Death and
Dismemberment insurance for each member in the General Services Unit.
ARTICLE XXVI — LONG TERM DISABILITY
26.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences sixty (60) days from the date of disability. Please refer to the City's
Policy on Long Term Disability.
26.2 The maximum length of coverage is three (3) years from date of disability.
ARTICLE XXVII — WORKERS' COMPENSATION
27.1 The City and AFSCME mutually agree that when an employee is compelled to be
absent from work due to injuries or illness arising out of and in the course of his
or her employment, the City shall pay full compensation to any represented
employee who becomes eligible for benefits under Workers' Compensation laws
for the period of the time between the injury and the first day of eligibility for
benefits. With the determination that the injury or illness is compensable in
accordance with Workers' Compensation benefit criteria, the employees upon
receiving said benefits such paid by Workers' Compensation shall also receive
compensation from the City in an amount that when added to the Workers'
Compensation payment shall equal the employees regular salary. The amount
paid by the City shall, after the period from the date of injury and date of
eligibility, be charged to the employee's sick leave account. The employee's
regular deductions shall be made from the amount paid by the City.
ARTICLE XXVIII — FLEXIBLE SPENDING ACCOUNT
28.1 The City will maintain a pre-tax "flexible spending account" to conform to IRS
regulations to be used for premium contributions, dependent care and/or un -
reimbursable medical payments for unit members. Effective in plan year
2023208, the Medical Flexible Spending Account (FSA) will includes a
carryover provision which allows an active participant to automatically carryover
up to W0 to the IRS limit $550 for plan year 2023 to the new plan year.
Carryover allowance may increase year to year depending on IRS limit.
However, amounts over the IRS limit X00 will be forfeited after the final filing
date, if left unclaimed.
ARTICLE XXIX — DEFERRED COMPENSATION
29.1 The City shall match contributions by General Service employees to a deferred
compensation program up to a maximum of 3.0% of the employee's gross salary.
ARTICLE XXX — PERS
30.1 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "classic" employees by PERS:
17
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 2025-2
a. PERS "2% at 55" full formula retirement benefits plus the following
additional options:
b. The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 50%
benefit (Section 21298).
C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement. (Section 21382.4).
d. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement. (Section 21263
and Section 21263.1 and 21263.3).
e. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement. (Section 20862.8).
f. Military Service Credit as Public Service (Section 21024).
g. Final retirement compensation based on the average monthly pay during
the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement.
i. Employee shall pay employee share of retirement at 7% effective
December 31, 2013.
30.2 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employees by PERS under
the Public Employees' Pension Reform Act of 2013 (PEPRA):
a. PERS "2% at 62" full formula retirement benefits plus the following
additional options:
b. The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 50%
benefit.
C. Third lcvcl of 1959 Survivor Bcncfit which providcs for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement.
d. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement.
e. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement.
f. Military Service Credit as Public Service.
g. Final retirement compensation based on the average monthly pay during
the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement.
i. Employee shall pay employee share of retirement as calculated by PERS
in its annual actuarial valuation.
30.3 Effective May 20, 2019, in accordance with California Government Code §20516
contract amendment process requirements, each employee in this unit shall pay
two percent (2%) towards the employer's share of Ca1PERS normal pension cost
(cost-sharing). Effective July 13, 2020, each employee in this unit shall pay an
additional one percent (1%) towards the employer's share of CalPERS normal
18
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 2025-2
pension cost (cost-sharing). Effective January 11, 2021, each employee in this
unit shall pay an additional one percent (1%) towards the employer's share of
Ca1PERS normal pension cost (cost-sharing). Effective January 10, 2022, each
employee in this unit shall pay an additional one percent (1%) towards the
employer's share of Ca1PERS normal pension cost (cost-sharing).
ARTICLE XXXI — SICK LEAVE CONVERSION
31.1 For all unused sick leave, a represented employee with ten (10) years of
employment with the City shall receive medical insurance coverage upon
retirement (but not upon resignation or termination) using one of the following
options:
Option #1— Conversion
After ten (10) years of employment with the City, 50% of the represented
employee's unused sick leave shall be converted to months of medical insurance
as adjusted herein. For each year that an employee has been employed by the
City in excess of ten (10) years, the employee shall be entitled to add 2.5% to the
50% before converting the unused sick leave to months of insurance.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave.
1800 - 8 x 75% _ 12 = 14.06 years of coverage
The amount of the premium paid shall be the same as the premium paid by the
City at the time of retirement subject to the cap shown in Article XXI. Any
differences created by an increase in premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical
insurance for the same period as if the employee had not died.
Option #2 —Bank
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year
that an employee has been employed in excess of 10 years, 2.5% will be added to
the 50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave
(multiplication factor - $20.00).
1800 x 75% x 20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance in gone.
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MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 20252
In the event the retiree dies, the remaining bank will be reduced by 50% and the
surviving dependent(s) may use the bank until the balance is gone.
31.2 In the event an active employee dies before retirement and that employee is
vested in the sick leave conversion program, the surviving spouse will have an
interest in one-half the value of the Bank option as calculated in section 30.1.
31.3 Employees selecting option #1 or #2, who retire on a service retirement shall have
the option of purchasing at the employee's cost additional medical insurance
sufficient to reach age 65.
31.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City's liability as specified in Section 30.1 of this Article.
Option #3 — PERS Credit
31.5 Per the California Government Code, employees may receive credit for unused
sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of
determining days creditable.
31.6 Employees hired after July 1, 1995 will not have the option of converting sick
leave time into medical insurance premiums as referenced in options 1-2. The
only option available to these employees is Option #3, PERS credit.
31.7 Option #3 is available to all represented employees meeting PERS eligibility
requirements.
31.8 If an employee opts to utilize the provisions of Option #1 or Option #2, the City
will report to PERS they have zero hours of unused sick leave.
Chapter 4 — Union / City Issues
ARTICLE XXXII — UNION LEAVE
32.1 Whenever any employee is absent from work as a result of a formal request by
AFSCME to send an employee to be involved in Association business, the City
shall pay for all regular time lost and shall be reimbursed therefore by AFSCME
at the rate of one hundred and fifty percent (150%) of the employee's regular
wage rate.
32.2 The City agrees to provide storage space to AFSCME for association materials.
ARTICLE XXXIII — LAYOFF
33.1 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXIV — CHANGES IN MEMORANDUM
20
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 2025-2
34.1 The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any
provision of this MOU is modified by statute, applicable regulation or by order of
Court in such a way as to affect either the employees or the City. In such event,
all remaining provisions of the MOU would continue in full force and effect
unless and until they are also modified by statute, applicable regulation or order of
Court, or agreement of the parties.
ARTICLE XXXV — CITY RIGHTS
35.1 It is understood and agreed between the parties that nothing contained in this
Memorandum shall be construed to waive or reduce any rights of the City, which
include, but are not limited to the exclusive rights to:
■ Determine the mission of its constituent departments, commissions and
boards.
■ Set standards of service.
• Determine the procedures and standards of selection for employment.
• Direct its employees.
■ Maintain the efficiency of governmental operations; to determine the
methods, means and personnel by which government operations are to be
conducted.
• Take all necessary actions to carry out its mission in emergencies.
■ Exercise complete control and discretion in the technology of performing
its work.
City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of work
or other legitimate reasons, to take disciplinary action, and to determine the
content of job classifications; provided, however, that the exercise by the City of
the rights in this section does not preclude employees or their recognized
employees organizations from filing grievances regarding the practical
consequences that decisions on such matters may have on wages, hours or other
terms and conditions of employment.
ARTICLE XXXVI — EMPLOYEE REPRESENTATION
36.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered
into between representatives of the City of Lodi (hereinafter referred to as City)
and representatives of the Lodi Chapter of the American Federation of State,
County and Municipal Employees (AFSCME) for the General Services Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Sections 3500
et seq. of the Government Code of the State of California, and further
acknowledge and agree that all matters upon which the parties reached agreement
are set forth in this MOU. Except as specifically modified by this MOU, all
existing benefits currently being furnished to employees and all existing terms
and conditions of employment are to continue in effect unless and until the parties
21
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 2025-2
meet and confer regarding a change in such existing benefits, terms or conditions
of employment.
The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by AFSCME in Exhibit A.
36.2 The City shall grant dues deduction to City employees who are members of
AFSCME in accordance with the terms and conditions set forth in City of Lodi
Resolution 2011-51
AFSCME shall indemnify, defend, and hold the City of Lodi harmless against any
claims made and against any suit instituted against the City of Lodi on account of
check -off of said employee organization's dues. In addition, AFSCME shall
refund to the City of Lodi any amounts paid to it in error upon presentation of
supporting evidence.
36.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
Union Membership — All employees covered by this Agreement shall have the
opportunity to be a member of AFSCME. The CITY will inform all new hires
and employees promoting into the bargaining unit of the existence of this
Collective Bargaining Agreement. A UNION Officer, or designee, will be
notified within 10 business days and afforded time to meet with any employee
entering the bargaining unit in order to conduct a UNION Orientation Meeting.
Membership status shall remain in effect per the terms set forth in the AFSCME
Membership Application. Only AFSCME members are afforded exclusive
UNION membership rights.
The CITY shall provide the UNION, on a monthly basis, the name, home address
and department, division or work unit of employees entering or leaving a job
classification covered by this Agreement. Employees leaving or reentering
employment from Military Leave will be noted.
Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay
of each member of the UNION covered by this Agreement, who authorized such
deductions in writing, all dues or fees levied by the UNION. The CITY shall
provide the UNION 5 business days prior to the end of the pay period an
alphabetical list of employees belonging to the UNION. The list shall contain the
amount of payroll deduction for each employee listed. The CITY agrees to remit
to the UNION on a bi-weekly basis the aggregate amount of deductions shown on
the list furnished by the UNION. A copy of the Check Off Authorization Form
signed by each employee shall be submitted by the UNION to the CITY.
Payroll deductions shall be limited to the following choices:
• Union Membership Dues
• AFSCME Voluntary Political Action Check Off (PEOPLE)
22
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 2025-2
The Union will comply with its legal obligation regarding the administration of
this section.
Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY
for any and all costs or legal action, which may be caused, or result from the
CITY'S compliance with this Article.
36.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subject to the operating needs of the City. Requests for such use shall
be made in advance to the appropriate Department Dead or designee and shall
include the date, location, time and general purpose of such meeting. The City
may establish reasonable regulations governing the use of such facilities.
36.5 No City employee or applicant for employment shall be discriminated against any
aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affiliations, union affiliation, age, sex or disability.
36.6 The City and AFSCME agree and understand that if any section of the MOU in
any way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in
favor of the MOU language. If the MOU is silent on any issue, the applicable
document is controlling.
ARTICLE XXXVII — GRIEVANCE PROCEDURE
37.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretations and clarifications executed by
AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matter of discipline which includes demotion, suspension or
discharge.
As used in procedure, the term "PARTY" means an employee, AFSCME, the
City or the authorized representative of any party. The employee is entitled to
representation through all steps in the procedure.
37.2 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
23
MOU — CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 20252
a. Interpretation or application of any of the terms of this MOU, including
Exhibits thereto, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension, or discipline (i.e.. pay reduction) of an
individual employee. Employees shall Piave die ghgrieveleltn.•�.
r
designee. Tile deeisio of file II're.tor. designee is fiirsnl and
biii iiig arA not subje t +r. Furdl.ar .srsr irni�n�
c. Disputes as to whether a matter is proper subject for the Grievance Procedure.
d. Disputes which may be of a "class action" nature filed on behalf of AFSCME
or the City. Class action grievances shall be in writing from AFSCME to
the City Manager or vice versa.
d e.Emplovees shall have the right to -grieve letters of reprimand through the chain
of command up to the City Manager or designee. The
decision of the City Manager or designee is final and
binding and not subject to further grievance.
37.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work days of the date of the action complained of, or the date the
Grievant became aware of the incident which is the basis of the Grievance.
37.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement
signed by the Grievant shall be presented to the department head which shall
include the action being grieved and the desired remedy. A discussion shall then
take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall
be taken within fifteen (15) work days of the date the department head receives
the written statement.
37.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall
be the presentation of the Grievance, in writing, by the employee or his or her
representative to the City Manager, who shall answer in writing within fifteen
(15) work days of receipt of the Grievance. This Step shall be initiated within
fifteen (15) work days of the date of the answer in STEP TWO.
37.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration
shall be the final level of appeal for grievances and discipline. It is agreed by
both parties that the decision of the arbitrator is binding and final on both parties
and that if this procedure is utilized all other avenues of appeal are waived. If
arbitration is chosen the City must be notified within fifteen (15) work days of the
City Manager's decision.
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MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 2025-2
Within ten (10) working days after the request for arbitration is received by the
City or at a date mutually agreed to by the parties, the parties shall meet to select
an impartial arbitrator. If no agreement is reached at this meeting, the parties
shall immediately and jointly request the State Conciliation and Mediation
Service to submit to them a panel of five arbitrators from which the City and
AFSCME shall alternately strike names until one name remains; this person shall
be the arbitrator. If the State Conciliation and Mediation Service cannot provide a
list of five arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as possible, the
following guide lines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
C. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court
reporter required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a joint letter, the parties may submit separate letters.
The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses normally
would be present at the hearing only while testifying and should be
permitted to testify only in the presence of the employee or his/her
representative and the employer's representative.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
i. The arbitration hearing will be held on the employer's premises.
The cost of arbitration shall be borne equally by the parties. However, the
cost, if any, of cancellation or postponement shall be the financial
responsibility of the party requesting such delay unless mutually agreed by
the parties.
The decision, opinion, or award shall be based on the record developed by the
parties before and during the hearing. The decision will be in writing and shall
contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of the
MOU or the written ordinances, resolutions, rules, regulations and procedures of
the City, nor shall he/she impose any limitations or obligations not specifically
provided for under the terms of the MOU. The arbitrator shall be without power
or authority to make any decision that requires the City or management to do an
act prohibited by law. The arbitrator has no power to add to a disciplinary action.
37.7 Failure by either party to meet any of the aforementioned time limits as set forth
in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
37.8 An employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
37.9 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XXXVIII — MUTUAL CONSENT CONTINGENCY
38.1 This MOU may be amended any time during its life upon the mutual consent of
the City and AFSCME. Such amendment must be in writing and attached to all
executed copies of this MOU.
ARTICLE XXXIX — NO STRIKES
39.1 The represented employees agree that they shall not strike, withhold services,
engage in "slow downs" or "sick -ins" or participate in any other concerted
activity which adversely affects job performance or City services during the term
of this MOU.
ARTICLE XL — PROBATIONARY PERIOD
40.1 All appointments to positions in the classified service shall be subject to a
probationary period of twelve (12) continuous months of service. The
probationary period shall be regarded as an integral part of the examination
process and shall be used to closely observe the employee's work for securing the
most effective adjustment of an employee to his/her new duties, assignments and
responsibilities in his/her new position and for rejecting any probationary
26
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
employee whose performance does not meet required work standards. If the
service of the employee is deemed to be unsatisfactory, the employee shall be
notified that he/she has not satisfactorily completed probation.
40.2 During the probationary period, all new hires shall have the rights and privileges
afforded to other employees, except:
a. Vacation Leave — See Article XX for vacation schedule.
b. The use of the Grievance Procedure to grieve termination.
C. The City and the employee may mutually agree to extend the probationary
period in increments up to six (6) months. The total extended probationary
period shall not exceed twelve (12) months. AFSCME must be notified of
all extensions by Human Resources.
40.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position from which he/she
was promoted. The seniority and status of a rejected candidate shall continue as
before.
ARTICLE XLI — PROMOTION
41.1 The City and AFSCME mutually agree it is good personnel practice to make
every effort to promote from within consistent with the best interests of the City.
ARTICLE XLII - SENIORITY
42.1 Seniority is defined as the total length of continuous service with the City.
Continuity of service shall not be broken and seniority shall accrue when an
employee is:
a. Inducted, enlists, or is called to active duty in the Armed Forces of the
United States or service in the Merchant Marine under any Act of
Congress which provides that the employee is entitled to re-employment
rights.
b. On duty with the National Guard.
C. Is absent due to industrial disability.
d. On leave of absence.
e. Absent due to layoff for a period of less than twelve (12) consecutive
months.
ARTICLE XLIII — SHOP STEWARDS
43.1 AFSCME agrees to notify the City in writing as to the appointment of all shop
stewards. Shop stewards shall be required to work full time in their respective
classifications and shall not interrupt the work of other employees. A steward
27
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 20252
may, with reasonable notice and approval of his or her supervisor, leave the job
during working hours for reasonable periods to investigate pending grievances
and to take part in the Grievance Procedure. However, no steward shall leave the
job while his presence is necessary in the judgment of his/her supervisor for the
safe conduct and efficiency of the operations in which he/she is engaged.
ARTICLE XLIV — STATUS
44.1 Employees shall be designated as regular or probationary.
a. A regular employee is defined as an employee who has twelve (12)
months or more service with the City in full time employment, except as
provided for in the Rules for Personnel Administration, Article X
(Probationary Period).
b. A probationary employee is defined as an employee hired for a full time
position that has been regularly established as an authorized position and
is of indeterminate duration. A probationary employee shall receive not
less than the minimum rate for the job and shall be eligible for sick leave
pay, vacation pay, holiday pay, retirement plan participation, insurance
coverage and items of a similar nature, as he/she becomes eligible, but
shall not be given preferential consideration for promotion or transfer or
be eligible for a leave of absence. Upon completion of twelve (12) month
of continuous full time service with the City, and satisfactory
performance, a probationary employee shall be given the status of a
regular employee.
ARTICLE XLV — TERM
45.1 The terms and conditions of this MOU shall continue in effect until such time as
they are superseded by a signed agreement/MOU between the City of Lodi and
AFSCME. The parties agree as follows:
TERM: Covering the period from January 1, 2022242-0 through December 31,
20252922.
28
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 2025-2
EXHIBIT A
Salary Schedule — General Services
Effective January 9, 2023
29
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
Certification Requirements and I smenti.ehart
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2oF2
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 2025-2
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31
MOU - CITY OF LODI AND AFSCME
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Jeremiah Miller, Chief Negotiator
Date:
Shawn Tallerico, Chapter President
Date:
Terri Lovell, Executive Vice President
Date:
Rodney Plamondon, Vice President
Date:
James Agnew, Treasurer
Date:
i nomas kiaorm, ivi&u xepresentauve
Date:
Uerricx �)pagnoia, ivi&u tcepresemauve
Date:
Kevin Kriser, GS Representative
Date:
Lance Earl, GS Representative
Date:
Denise Wiman, GS Representative
Date:
GENERAL SERVICES UNIT
20230 - 2025-2
CITY OF LODI
A MUNICIPAL CORPORATION
Stephen Schwabauer, City Manager
Date:
Andrew Keys, Deputy City Manager
Date:
Adele Post, HR Manager
Date:
Approved As To Form:
Janice D. Magdich, City Attorney
Attest:
Olivia Nashed, City Clerk
32
RESOLUTION NO. 2022-301
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE MEMORANDUM OF UNDERSTANDING WITH THE
AFSCME — GENERAL SERVICES UNIT FOR THE PERIOD
JANUARY 1, 2023 THROUGH DECEMBER 31, 2025
WHEREAS, representatives from the City and the AFSCME — General Services Unit
have bargained in good faith and reached a tentative agreement on a successor MOU; and
WHEREAS, it is recommended that Council approve revisions to the Memorandum of
Understanding with AFSCME — General Services Unit to include the following:
• Term: January 1, 2023 to December 31, 2025;
• Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City's contribution towards medical premiums and remain over the term
of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and
o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition
of orthodontia benefits for the employees and eligible dependents with a lifetime
maximum benefit of $1,250.
• Increase the annual boot allowance from $250 to $350.
• Addition of a fixed holiday in observance of Juneteenth.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME
— General Services, effective January 1, 2023 through December 31, 2025.
Date: December 7, 2022
I hereby certify that Resolution No. 2022-301 was passed and adopted by the Lodi City
Council in a regular meeting held December 7, 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
OLIVIA NASHED
City Clerk
2022-301
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
GENERAL SERVICES UNIT
January 1, )-O'-132-(P-k) — December 31, 20252-022
MOU - CITY OF LODI AND AFSCME
TABLE OF CONTENTS
GENERAL SERVICES UNIT
CHAPTER 1 -- SALARIES AND OTHER COMPENSATION
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
CHAPTER 2 — LEAVES
Salary
Hours
Compensatory Time
Overtime
Meals
Temporary Upgrade
Tools and Uniform Allowance
Safety/Safety Boot Provisions
Education Incentives
Notary Public Incentive
Bilingual Pay
Tuition Reimbursement
Court Appearances
Mileage Compensation
20239 - 20252 -
Page #
4
4
4
5
6
7
7
10
11
11
11
11
11
12
Article XV
Catastrophic Leave
12
Article XVI
Bereavement Leave
12
Article XVII
Holidays
13
Article XVIII
Leave of Absence
14
Article XIX
Sick Leave
14
Article XX
Vacation Leave
14
CHAPTER 3 -- INSURANCE AND RETIREMENT
Article XXI
Medical Insurance
15
Article XXII
Dental Insurance
16
Article XXIII
Vision Insurance
16
Article XXIV
Chiropractic
16
Article XXV
Life Insurance
16
Article XXVI
Long Term Disability
16
Article XXVII
Workers' Compensation
17
Article XXVII I
Flexible Spending Account
17
Article XXIX
Deferred Compensation
17
Article XXX
PERS
17
Article XXXI
Sick Leave Conversion
18
CHAPTER 4 — UNION / CITY ISSUES
Article XXXII Union Leave 20
Article XXXII I Layoff 20
Article XXXIV Changes in Memorandum 20
RA
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 2025-2
Article XXXV
City Rights
20
Article XXXVI
Employee Representation
21
Article XXXV II
Grievance Procedure
23
Article XXXVIII
Mutual Consent Contingency
26
Article XXXIX
No Strikes
26
Article XL
Probationary Period
26
Article XLI
Promotion
26
Article XLII
Seniority
27
Article XLIII
Shop Stewards
27
Article XLIV
Status
27
Article XLV
Term
28
Exhibit A — Salary Schedule effective February 10, 2020
Exhibit B — Certification Requirements and Incentive Chart
91
29
30
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
20230 - 2025-2
Chapter 1 - Salaries and Other Compensation
ARTICLE I – SALARY
1.1 W t��zi: efi y 1 : 2(1?�3: tI}e £'aEp-:11 1I c�'�aa5e lie akaryg�*s by ANe
pe�Eei�t- FSA�r]—i�-i-'li�etF►�-�v�l��e-#=�E4t--1i+ll--pays--perE��r�r�r;�--2412-1-nr}�l--�ri��+:�i-y
!heSH101')'Faft#e� 4jy/9};_r11e city
shall provide wage increases over the term of the contract as follows:
Six percent
(6%)
effective January9.2023;
Five
percent (5%)
effective January
8, 2024; and
Four
percent ON
effective January
6. 2025.
1.3 For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced Manteca
Modesto Redding Roseville Stockton Tracy Turlock
Vacaville Visalia Woodland
ARTICLE II – HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all
represented personnel shall be eight (8) hours per day and forty (40) hours per
week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for
eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10
schedule. The lunch period shall normally commence between the third and fifth
work hour at the discretion of the Supervisor.
a. Employees of the Library may work a schedule which includes split days
off. The hours of work shall vary according to a pre -posted work schedule.
b. Parking Enforcement Assistants and Animal Control personnel shall work
a schedule which may provide at least one person to work each Saturday.
C. Alternate work schedules may be developed by mutual agreement between
the employee and the appropriate supervisor.
2.2 Work schedules presently in effect shall remain in effect. Any change in work
hours or workdays shall be a meet and confer item.
ARTICLE III – COMPENSATORY TIME
3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be at the appropriate rate for overtime worked.
3.1.1 The decision to elect compensatory time or overtime pay maybe made each time
overtime is worked. An employee's decision to elect compensatory time instead
of overtime pay is irrevocable.
9
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252-
3.2 No more than two hundred (200) hours of compensatory time may be carried on
the books at any time.
3.4 Employee's may cash out any amount of the compensatory time at the employee's
straight time hourly rate of pay each April, June, and October. A request to cash
out leave must be in writing and submitted to the Finance Division.
3.5 Upon separation, the employee will be paid at the employee's current hourly rate
of pay or the average of the last three years, whichever is higher, for the
remaining compensatory balance.
ARTICLE IV — OVERTIME
4.1 Overtime work paid at the time and one half rate, is work performed by an
employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Section 2.1 and 2.2.
b. Time worked on a non -work day.
Time worked on a holiday will be paid at time and one-half rate (1'/z). Hours
worked on a holiday, as part of an employee's regular work schedule shall be
compensated as above, plus regular straight time pay. Holiday, for overtime
purposes, is defined within the Holiday section of this MOU.
Overtime work paid at the double time rate is work performed in excess of twelve
(12) hours, between 12:00 a.m. and 12:00 a.m. on any given day, or for any
hours between the hours of 12:00 a.m. and 6:00 a.m. Phone calls lasting less than
ten (10) minutes, text messages and/or emails that do not require substantive work
would be paid one (1) hour at the appropriate overtime rate. Calls more than ten
(10) minutes, text messages and/or emails that require substantive work would
receive the standard three (3) hour callback at the appropriate overtime rate.
4.2 Employees who are required to report for prearranged work on their non -work
days or holidays shall be compensated at the overtime rate for actual hours
worked, but in no event shall they be paid for less than three (3) hours.
4.3 Rest Period
If an employee has worked for six (6) hours or more at the overtime rate during
the sixteen (16) hour period immediately preceding the beginning of his or her
regular work hours, on a work day, he or she shall be given a rest period of six (6)
consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
5
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 2025-2
4.4 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
a. On work days outside of regular work hours, shall be paid overtime
compensation for actual worked time in connection therewith, provided
however, that if any such employee continues to work into regular work
hours, shall be paid overtime compensation only for actual work time up to
regular work hours.
b. On non -work days or on holidays, shall be paid overtime compensation for
actual work time in connection therewith.
For the purpose of this Section, prearranged overtime work is deemed to be
work for which advance notice has been given by the end of preceding work
period on a work day.
4.5 The Animal Services Supervisor, and Assistant Animal Services Officer serve on
an on call basis on a weekly basis and shall be compensated $200 per week for
weeks they serve on call.
4.6 Call Out Pay:
A. The employees called out shall be paid at the rate of one and one half (1'/Z)
times the straight time rate of pay for time worked on emergency calls
before 12:00 a.m.. Time worked between 12:00 a.m. and 6:00 a.m., or in
excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00
a.m. on any given day, shall be paid at double time.
B. The first call -out will be paid at three (3) hours minimum at the
appropriate overtime rate as defined in Article 4,6 (A) of this Agreement.
Subsequent calls on the same calendar day will be paid for actual time
worked at the appropriate overtime rate as defined in Article 4.6(A) of this
Agreement.
C. All subsequent hours worked on a call -out shall be paid at the appropriate
overtime rate per Article 4.6(A) of this Agreement.
D. Phone calls lasting less than ten (10) minutes, text messages and/or emails
that do not require substantive work to be performed, will be paid one (1)
hour at the appropriate overtime rate as defined in Article 4.6(A) of this
Agreement. Calls lasting longer than ten (10) minutes, text messages
and/or emails that require substantive work will receive the standard three
(3) hour minimum at the appropriate overtime rate as defined in Article
4.6(A) of this Agreement and any additional hours worked as defined in
Article 4.6(C) of this Agreement.
ARTICLE V — MEALS
2
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
5.1 The City and AFSCME mutually agree to engage in further discussion to
incorporate clarifying language for Article V — Meals.
5.2 If the City requires an employee to perform work for one and one-half (1-1/2)
hours immediately following quitting time, or if any employee is called in more
than two (2) hours immediately before regular starting time, the City shall provide
such employee with a $25 meal allowance, payable through payroll. If an
employee works beyond the regular quitting time, the City shall continue to
provide a meal allowance at four (4) hour intervals until the employee is
dismissed from work. The cost of such meals and the time taken to consume
them, not to exceed one hour, shall be at the City's expense.
5.3 When the City requires employees to work on non -workdays without notice, the
City shall provide a meal allowance at intervals of four (4) hours. The first meal
shall be four (4) hours after employees report to work, providing time is allowed
for an employee to eat before reporting. If such time is not allowed, the first
meal break shall be two (2) hours after reporting for work and at four (4) hour
intervals thereafter.
5.4 When an employee is required to perform prearranged work on non -work days
during regular work hours, he/she shall observe the lunch arrangement which
prevails on his/her work days. If such work continues after regular work hours,
the City shall provide the employee with meal allowances in accordance with the
provisions of Section 5.1 hereof.
5.5 If the City requires an employee to perform prearranged work starting two (2)
hours or more before regular work hours on workdays or non -workdays, and such
employee continues to work into regular work hours, the employee shall be
provided one (1) meal allowance on the job and the City shall provide other meal
allowances as required by the duration of the work period. The meals provided
for in this Section shall be eaten at approximately the usual times and the usual
practice relating to lunch periods on work days shall prevail.
ARTICLE VI — TEMPORARY UPGRADE
6.1 Any employee who is assigned by the Department Head or designee to a higher
classification in the absence of the incumbent, for four (4) hours, shall receive a
10% wage increase while in this status. However, in no event shall the upgrade
pay per hour exceed the top step of the classification to which the employee is
temporarily upgraded.
ARTICLE VII -- TOOLS AND UNIFORM ALLOWANCE
7.1 The City agrees to provide all necessary uniforms and safety equipment for the
following classifications in the General Services Unit and provide a uniform care
and cleaning allowance of $600 per year. The uniform allowance shall be paid bi-
weekly.
•inistFati a lerlF--C—e� I rowmeR4
• Animal Services Supervisor
7
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
• Assistant Animal Services Officer
• Cele--I4iR-)reefr»t-04Tiee+-
• Field Services Representative
• Field Services Supervisor
■ Parking Enforcement Assistant
• Police Records Clerk
• Police Records Clerk Supervisor
• Senior Police Records Clerk
■ Su$eFv+s Rg' [4xlc�t- F3N�3E�fHk}�f i��prc i�ei E C I oe�
A. The Field Services Representative and the Field Services Supervisor shall be
provided with uniforms that meet the requirements for flame retardant
clothing. Uniforms provided by the City shall include a jacket, pants, and
shirts, and appropriate rain gear. Jackets shall be replaced as needed.
B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision
that appears to grant the listed classifications both a city provided uniform and
a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in
the event the City and IBEW propose a quartermaster uniform system that
incorporates the Field Services classifications.
7.2 The City and AFSCME mutually agree that the City shall purchase appropriate
foul -weather coats and boots as deemed necessary for field personnel.
7.3 The City agrees to provide prescription safety glasses up to a maximum cost of
$500 per pair as required. A maximum of two (2) pair of prescription safety
glasses will be provided by the City during employment except as indicated in 7.5
and 7.6 below.
7.4 The employee shall pay directly to the optometrist any fees for prescription
examination or related charges if needed. The employee shall submit receipts for
prescription safety frames and lenses to the City of Lodi for reimbursement.
7.5 Prior to issuance of a replacement pair of prescription safety glasses for payment
by the City, the employee shall discuss with and receive approval from the
immediate supervisor and department head. The criteria for issuance of a
replacement pair of safety glasses are as follows:
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.
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.
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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4. If safety glasses are unsafe due to normal wear and tear, the City shall
approve a replacement pair as specified above.
7.6 The following conditions on the part of any applicable employee shall be grounds
for the cost of the employee's issued safety glasses to be deducted from the
employees payroll check after a determination of cost has been made by the City.
1. Where the City would be required to replace issued safety glasses due to
abuse by the employee.
2. Failure on the part of an applicable employee to wear or utilize safety
glasses unless agreed to in writing.
1 Failure on the part of an applicable employee to return issued safety
glasses, regardless of condition, upon separation from City service.
7.7 Uniforms and safety equipment damaged in the line of duty shall be replaced or
repaired by the City.
7.8 When an employee's personal clothing is damaged in the line of duty, the
employee may request to have the item replaced or repaired at the City's expense.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
b. The City shall have the sole discretion to approve or deny the request, and
its denial shall not be grievable.
C. Repair costs shall not exceed ordinary costs and shall be limited to the
repair identified in the employees claim.
d. Items replaced shall be of similar, or the same value as the item being
replaced. The City may require the employee to forfeit the damaged item
to the City for inspection.
e. All requests for reimbursement shall be accompanied by receipts.
7.9 Employees whose prescription glasses are damaged in the line of duty shall be
entitled to reimbursement for the cost of replacing or repairing glasses.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
b. Glasses replaced shall be of an equal or similar value to the glasses that
were damaged.
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C. Any insurance benefit paid to the employee or paid by the insurance
provider toward the replacement/repair costs shall result in a reduction to
the amount reimbursed to the employee by the amount paid by the
insurance provider.
Example:
Cost of Eyewear/Repair $150
Insurance Pays $100
Reimbursed to employee $ 50
d. All requests for reimbursement shall be accompanied by receipts.
ARTICLE VIII — SAFETY BOOT/FOOTWEAR PROVISIONS
8.1 The City agrees to provide an annual boot allowance of "$350, paid semi-
annually as part of the last biweekly payroll in the months of April and October
of each year, for the following classifications:
Building Inspector 1/II
Codi I 'i i1'o c}ellwn' ( eer(,'t,�nmt�nity [mn�ov�;me��t (7i'lir�, I/II
Engineering Technician 1/11
Jr. Engineer
Public Works Inspector 1/11
Sr. Engineering Technician (1) (who do inspection/survey work)
Supervising Code/Community Improvement Officer
Records Clerk
Senior Police Administrative Clerk (if assigned to Records division)
Police Records Supervisor
Animal Services Supervisor
Assistant Animal Services Officer
Parking Enforcement Assistant
Water Services' rechnician 1/11
8.2 Safety boots are defined as leather work boots with a minimum of 4" ankle
support. Employees have the option of purchasing these boots with or without
steel toes.
8.3 Employees who are assigned to a Lodi Police Department job site, or are
supervised by Lodi Police Department personnel, and who are required to wear a
uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi
Police Department Policy and Procedure Section 210.1C mandate. This includes
appropriate foot wear for Class B and Class A uniforms.
8.4 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
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8.5 Employees who are required to wear specific boots or shoes per any City of Lodi
Policy and Procedures mandate, must wear the appropriate footwear when
performing the duties/tasks of the assigned classification.
8.6 Employees performing duties/tasks without the prescribed appropriate footwear
may be required to vacate the job site until such time as they can return wearing
the required footwear for the classification/duties/tasks. Time spent away from
the job site for this purpose shall not be paid City of Lodi time.
8.7 Safety footwear for Field Services Representatives and the Field Services
Supervisor shall be provided by the Electric Utility Department and shall meet the
Electrical Hazard (EH) rating.
8.8 The City will provide all mandated Personal Protective Equipment (PPE) as
required, including appropriate rubber glove and leather protectors for Field
Services Representatives and the Field Services Supervisor.
ARTICLE IX — EDUCATION INCENTIVES
9.1 Employees in sub -professional engineering positions having the following
certificates will receive an additional $23.08 per pay period:
Engineer in Training
Land Surveyor in Training
Land Surveyor
9.2 Employees in the classification of Public Works Inspector I and Public Works
Inspector II are eligible for the following incentives:
2% of base salary for possession of a Distribution 1 (D1) certificate
$60.00 per month for possession of a Distribution 2 (D2) certificate
$40.00 per month for possession of a Treatment 1 (T1) certificate
$40.00 per month for possession of a Collection 1 (C1) certificate
ARTICLE X—NOTARY PUBLIC INCENTIVE
10.1 Employees who possess a Notary Public certification and use the Notary Public
service as a part of their employment duties with the City will receive a monthly
incentive of $40.00. The City will provide Errors and Omissions insurance for
employees who perform notary duties as part of their employment.
ARTICLE XI — BILINGUAL PAY
11.1 Employees designated by the Department Head and approved by the City
Manager who have passed a bilingual proficiency examination administered by
the City shall receive a monthly bilingual supplement of $150, paid bi-weekly.
The City Manager has the discretion in determining the languages that will be
recognized.
ARTICLE XII—TUITION REIMBURSEMENT
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12.1 Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not reduce the maximum reimbursement
amount of $3,000 or eliminate this policy during the term of this MOU.
ARTICLE X111-- COURT APPEARANCES
13.1 Employees summoned by a court for jury duty shall be granted jury duty leave
with pay and may keep any jury duty compensation received. Voluntary grand
jury service such as that service in San Joaquin County is not covered by jury
duty leave.
13.2 If jury duty attendance is less than one-half ('/Z) of a normal working day, the
employee is expected to return to work.
13.3 Employees assigned to shift work shall not be scheduled for regular work during
the 12 hours preceding the scheduled time for jury duty.
13.4 If an employee has had jury duty of six (6) hours or more during a sixteen (16)
hour period immediately preceding the beginning of or following the end of
his/her regular work hours on a work day, he/she will be given a rest period of six
(6) consecutive hours.
13.5 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half time (V/2) his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employees, the Department Head designee must be notified in writing of the off
duty appearance within seventy-two (72) hours after the employee is subpoenaed
or otherwise notified of the required court appearance.
ARTICLE XIV — MILEAGE COMPENSATION
14.1 Employees using their personal automobile for City business, with their
Department Head's approval, shall receive mileage compensation equal to that
allowed by the Internal Revenue Service. City business does not include
transportation to and from work or call backs due to emergencies.
14.2 Allowance changes shall be effective the first day of the month following the
determination of a change by the IRS.
Chapter 2 - Leaves
ARTICLE XV — CATASTROPHIC LEAVE
15.1 Catastrophic Leave will be provided as stated in the City's current policy. The
City will not eliminate this policy during the term of this MOU. Catastrophic
Leave may be utilized for care of an employee's qualified family members (as
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20230 - 2025-2
identified in the City's Catastrophic Leave Policy) even if the employee
participates in Short Term Disability.
15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any
use of Short Term Disability.
ARTICLE XVI — BEREAVEMENT LEAVE
16.1 Employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel
to and from the location of the funeral. The immediate family shall be limited to
an employee's:
Spouse/domestic partner Parent/step-parent/foster parent Parent -in-law
Child/step-child Son or Daughter -in -Law Grandparent
Grandparent -in-law Brother/half-brother/step-brother Grandchild
Sister/half-sister/step-sister
or a more distant relative who was a member of the employee's immediate
household at the time of death.
16.2 A regular employee may use sick leave, vacation leave, or compensatory time off
to attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days for classifications in the
General Services Unit.
ARTICLE XVII —HOLIDAYS
17.1 Members of this Unit shall observe the following nationally observed holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve (4 hours)
Christmas Day
January 1
3`d Monday in January
3rd Monday in February
Last Monday in May
June 19
July 4
1" Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
Employees receive holiday pay if/when they work on the above City -recognized
national holiday.
In addition, each employee shall be granted an additional thirty-six (36) hours of
holiday leave (floating holiday) to be taken off at a time mutually agreed upon
between the employee and the Department Head. Holiday leave cannot be carried
over into the following calendar year.
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Employees hired after the first pay period of the year are credited with fixed
holidays plus a prorated share of floating holidays for the remainder of the
calendar year. Employees separating from employment shall be debited the fixed
holidays and the prorated share of floating holidays for the remainder of the
calendar year.
17.2 Holidays which fall on the first regularly scheduled day off shall be observed on
the preceding work day. Holidays which fall on any other regularly scheduled
day off shall be observed on the next regularly scheduled work day, with the
exception that if the next regularly scheduled work day is also a holiday, the first
holiday shall be observed on the preceding work day.
17.3 Bargaining unit members will be granted a day off on the Saturday and Sunday
preceding any holiday observed by the City and the Library on a Monday.
Bargaining unit members will also be granted a day off on the Saturday and
Sunday following the observance of a Saturday holiday on the preceding Friday
by the City and the Library. Bargaining unit members will also be granted a day
off on Easter Sunday.
17.4 Holiday timed shall be taken in no less than quarter hour increments.
ARTICLE XVIII — LEAVE OF ABSENCE
18.1 Leave of Absence will be provided as stated in the City's Leave of Absence
Policy. The City will not eliminate this policy during the term of this MOU.
ARTICLE XIX — SICK LEAVE
19.1 Effective December 8, 2003, full time employees shall accumulate sick leave at
the rate of 3.70 hours per pay period.
19.2 Sick leave may be accumulated up to an unlimited amount.
19.3 Family Sick Leave will be provided in accordance with the City's current Sick
Leave Policy as revised in September 2010.
ARTICLE XX — VACATION LEAVE
20.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire:
3.08 hours per pay period
6th year
4.62 hours per pay period
12th year
5.24 hours per pay period
15t"year
6.16 hours per pay period
21St year
6.47 hours per pay period
22"d year
6.78 hours per pay period
23rd year
7.09 hours per pay period
24th year
7.40 hours per pay period
25th year & over
7.71 hours per pay period
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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20.2 If a conflict arises in the scheduling of vacations for employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest seniority. The senior employee shall receive first choice in any
scheduling period.
20.3 For all persons hired after September 1, 1995 the maximum vacation accrual will
be 6.16 hours per pay period.
20.4 The maximum amount of unused vacation hours that an employee may accrue, at
any given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount,
the employee shall stop accruing any additional vacation. Accrual will
automatically resume once the employee uses some vacation and the accrual
balance falls below the maximum accrual amount.
20.5 Under extenuating eirct1111sttuices, requests to accrue vacation leave over the
maximum may be authorised by the City Manager. For all other issues re ardin
Vacation Leave refer to the City's policy on Vacation Leave.
Chapter 3 — Insurance and Retirement
ARTICLE XXI - MEDICAL INSURANCE
21.1 All employees are offered medical insurance for themselves and dependents
through Cal PERS-Medical Plans. Effective January 1, , the City will
contribute the following amounts toward the medical premium:
$1911-51 2 ()05.52 per month for family
`1:380.51 $1.542.71 per month for employee +1 dependent
$ 909 20 $771.35 per month for employee only
The employee will pay one hundred percent (100%) of the difference between the
City's contribution and the monthly premium for the plan elected.
21.2 If an employee waives medical insurance through the City of Lodi, the employee
may at their option take the following in cash or deposited into their deferred
compensation account (Cash in lieu):
$692.81 per month for family
$532.92 per month for employee + 1 dependent
$305.22 per month for employee only
In order to qualify for this provision, proof of group insurance must be provided
to the City.
21.3 Effective January 1, and through December 31, , the
maximum amount the City will pay towards medical premiums will be increased
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MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
by the lower of three percent (3%) or the actual cost increase (for the employee's
applicable cap) for employees whose annual base salary is less than $47,000.
Percentage increases shall be based upon the amounts paid by City
($69W. 0$771.35 for Employee only, $-".404_9S1.542.71 for Employee +1,
W-44-1.2 005.52 for Family).
21.4 Employees shall be eligible for medical insurance the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
21.5 The City shall pay 100% of the premiums or up to the maximum City payment
noted above for health and dental benefits for the unmarried surviving spouse and
any minor children of any member of this unit who is killed or dies during the
performance of official duties. This benefit terminates if the surviving spouse
remarries, the children reach the age of 26, or other medical insurance becomes
available.
ARTICLE XXII — DENTAL AND ORTHODONTIA INSURANCE
22.1 14+g4weee::-arm pfovideE1 ftilly prli rize City will--Elywill-R—Ely the
full cost for dental Premiunis for ern plo ee and eIi gible de endews.
22.2 Ma•a; iii -w rtierie F4."t 1, 0 foreaeb flu m�i; ,1 1 ed ; H the d L -F1... kP1tW-.
per--e*lemdar—y,di+r.The annual maximum benefit is _ 1 250 for each familmember
enrolled in the dental plan per calendar year, There is a $25 deductible plus co-
insurance features.
22.3 Effective Januar 1, 2023 the City shall provide orthodontia benefits up to a
Ii 1eliine can o111.2 50 !or each _nersoo covered untle:r Jig plan.
ARTICLE XXIH — VISION INSURANCE
23.1 The City agrees to provide a vision care plan equivalent to the VSP Signature
Plan with a $25 deductible for the employee and dependents. The entire premium
shall be paid by the City.
ARTICLE XXIV — CHIROPRACTIC
24.1 The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXV -- LIFE INSURANCE
25.1 The City agrees to provide a life insurance program providing $25,000 term life
insurance which includes a $25,000 Accidental Death and Dismemberment
coverage for the employee. Said amount of insurance to reduce to $6,500 at age
70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried
dependent children between the ages of 6 months and 21 years, unmarried student
dependent children to 23`d birthday, and dependent handicapped children shall be
covered for $1,500 insurance. Children under 6 months shall be provided with
$150 life insurance.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
202 -202
The City will provide an additional $10,000 of Accidental Death and
Dismemberment insurance for each member in the General Services Unit.
ARTICLE XXVI — LONG TERM DISABILITY
26.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences sixty (60) days from the date of disability. Please refer to the City's
Policy on Long Term Disability.
26.2 The maximum length of coverage is three (3) years from date of disability.
ARTICLE XXVII — WORKERS' COMPENSATION
27.1 The City and AFSCME mutually agree that when an employee is compelled to be
absent from work due to injuries or illness arising out of and in the course of his
or her employment, the City shall pay full compensation to any represented
employee who becomes eligible for benefits under Workers' Compensation laws
for the period of the time between the injury and the first day of eligibility for
benefits. With the determination that the injury or illness is compensable in
accordance with Workers' Compensation benefit criteria, the employees upon
receiving said benefits such paid by Workers' Compensation shall also receive
compensation from the City in an amount that when added to the Workers'
Compensation payment shall equal the employees regular salary. The amount
paid by the City shall, after the period from the date of injury and date of
eligibility, be charged to the employee's sick leave account. The employee's
regular deductions shall be made from the amount paid by the City.
ARTICLE XXVIII — FLEXIBLE SPENDING ACCOUNT
28.1 The City will maintain a pre-tax "flexible spending account" to conform to IRS
regulations to be used for premium contributions, dependent care and/or un -
reimbursable medical payments for unit members. Effective in plan year
20232414, the Medical Flexible Spending Account (FSA) wi44--includes a
carryover provision which allows an active participant to automatically carryover
up to $5W to the [[ZS limit $550 ['or plan year 2023] to the new plan year.
Carrvover allowance may increase year to year dependinzf trn IRS_ limit.
However, amounts over the IRS limit $5W will be forfeited after the final filing
date, if left unclaimed.
ARTICLE XXIX — DEFERRED COMPENSATION
29.1 The City shall match contributions by General Service employees to a deferred
compensation program up to a maximum of 3.0% of the employee's gross salary.
ARTICLE XXX — PERS
30.1 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "classic" employees by PERS:
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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a. PERS "2% at 55" full formula retirement benefits plus the following
additional options:
b. The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 50%
benefit (Section 21298).
C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement. (Section 21382.4).
d. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement. (Section 21263
and Section 21263.1 and 21263.3).
e. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement. (Section 20862.8).
f. Military Service Credit as Public Service (Section 21024).
g. Final retirement compensation based on the average monthly pay during
the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement.
i. Employee shall pay employee share of retirement at 7% effective
December 31, 2013.
30.2 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employees by PERS under
the Public Employees' Pension Reform Act of 2013 (PEPRA):
a. PERS "2% at 62" full formula retirement benefits plus the following
additional options:
b. The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 50%
benefit.
C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement.
d. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement.
e. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement.
f. Military Service Credit as Public Service.
g. Final retirement compensation based on the average monthly pay during
the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement.
i. Employee shall pay employee share of retirement as calculated by PERS
in its annual actuarial valuation.
30.3 Effective May 20, 2019, in accordance with California Government Code §20516
contract amendment process requirements, each employee in this unit shall pay
two percent (2%) towards the employer's share of Ca1PERS normal pension cost
(cost-sharing). Effective July 13, 2020, each employee in this unit shall pay an
additional one percent (1%) towards the employer's share of Ca1PERS normal
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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pension cost (cost-sharing). Effective January 11, 2021, each employee in this
unit shall pay an additional one percent (1%) towards the employer's share of
Ca1PERS normal pension cost (cost-sharing). Effective January 10, 2022, each
employee in this unit shall pay an additional one percent (1%) towards the
employer's share of Ca1PERS normal pension cost (cost-sharing).
ARTICLE XXXI —_SICK LEAVE CONVERSION
31.1 For all unused sick leave, a represented employee with ten (10) years of
employment with the City shall receive medical insurance coverage upon
retirement (but not upon resignation or termination) using one of the following
options:
Option #1-- Conversion
After ten (10) years of employment with the City, 50% of the represented
employee's unused sick leave shall be converted to months of medical insurance
as adjusted herein. For each year that an employee has been employed by the
City in excess of ten (10) years, the employee shall be entitled to add 2.5% to the
50% before converting the unused sick leave to months of insurance.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave.
1800 : 8 x 75% : 12 — 14.06 years of coverage
The amount of the premium paid shall be the same as the premium paid by the
City at the time of retirement subject to the cap shown in Article XXI. Any
differences created by an increase in premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical
insurance for the same period as if the employee had not died.
Option 02 —Bank
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year
that an employee has been employed in excess of 10 years, 2.5% will be added to
the 50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave
(multiplication factor - $20.00).
1800 x 75% x 20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance in gone.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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In the event the retiree dies, the remaining bank will be reduced by 50% and the
surviving dependent(s) may use the bank until the balance is gone.
31.2 In the event an active employee dies before retirement and that employee is
vested in the sick leave conversion program, the surviving spouse will have an
interest in one-half the value of the Bank option as calculated in section 30.1.
31.3 Employees selecting option #1 or #2, who retire on a service retirement shall have
the option of purchasing at the employee's cost additional medical insurance
sufficient to reach age 65.
31.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City's liability as specified in Section 30.1 of this Article.
Option #3 - PERS Credit
31.5 Per the California Government Code, employees may receive credit for unused
sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of
determining days creditable.
31.6 Employees hired after July 1, 1995 will not have the option of converting sick
leave time into medical insurance premiums as referenced in options 1-2. The
only option available to these employees is Option #3, PERS credit.
31.7 Option #3 is available to all represented employees meeting PERS eligibility
requirements.
31.8 If an employee opts to utilize the provisions of Option #1 or Option #2, the City
will report to PERS they have zero hours of unused sick leave.
Chapter 4 — Union / City Issues
ARTICLE XXXII — UNION LEAVE
32.1 Whenever any employee is absent from work as a result of a formal request by
AFSCME to send an employee to be involved in Association business, the City
shall pay for all regular time lost and shall be reimbursed therefore by AFSCME
at the rate of one hundred and fifty percent (150%) of the employee's regular
wage rate.
32.2 The City agrees to provide storage space to AFSCME for association materials.
ARTICLE XXXIII — LAYOFF
33.1 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXIV — CHANGES IN MEMORANDUM
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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34.1 The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any
provision of this MOU is modified by statute, applicable regulation or by order of
Court in such a way as to affect either the employees or the City. In such event,
all remaining provisions of the MOU would continue in full force and effect
unless and until they are also modified by statute, applicable regulation or order of
Court, or agreement of the parties.
ARTICLE XXXV — CITY RIGHTS
35.1 It is understood and agreed between the parties that nothing contained in this
Memorandum shall be construed to waive or reduce any rights of the City, which
include, but are not limited to the exclusive rights to:
■ Determine the mission of its constituent departments, commissions and
boards.
0 Set standards of service.
• Determine the procedures and standards of selection for employment.
* Direct its employees.
• Maintain the efficiency of governmental operations; to determine the
methods, means and personnel by which government operations are to be
conducted.
■ Take all necessary actions to carry out its mission in emergencies.
• Exercise complete control and discretion in the technology of performing
its work.
City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of work
or other legitimate reasons, to take disciplinary action, and to determine the
content of job classifications; provided, however, that the exercise by the City of
the rights in this section does not preclude employees or their recognized
employees organizations from filing grievances regarding the practical
consequences that decisions on such matters may have on wages, hours or other
terms and conditions of employment.
ARTICLE XXXVI — EMPLOYEE REPRESENTATION
36.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered
into between representatives of the City of Lodi (hereinafter referred to as City)
and representatives of the Lodi Chapter of the American Federation of State,
County and Municipal Employees (AFSCME) for the General Services Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Sections 3500
et seq. of the Government Code of the State of California, and further
acknowledge and agree that all matters upon which the parties reached agreement
are set forth in this MOU. Except as specifically modified by this MOU, all
existing benefits currently being furnished to employees and all existing terms
and conditions of employment are to continue in effect unless and until the parties
21
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
meet and confer regarding a change in such existing benefits, terms or conditions
of employment.
The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by AFSCME in Exhibit A.
36.2 The City shall grant dues deduction to City employees who are members of
AFSCME in accordance with the terms and conditions set forth in City of Lodi
Resolution 2011-51
AFSCME shall indemnify, defend, and hold the City of Lodi harmless against any
claims made and against any suit instituted against the City of Lodi on account of
check -off of said employee organization's dues. In addition, AFSCME shall
refund to the City of Lodi any amounts paid to it in error upon presentation of
supporting evidence.
36.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
Union Membership — All employees covered by this Agreement shall have the
opportunity to be a member of AFSCME. The CITY will inform all new hires
and employees promoting into the bargaining unit of the existence of this
Collective Bargaining Agreement. A UNION Officer, or designee, will be
notified within 10 business days and afforded time to meet with any employee
entering the bargaining unit in order to conduct a UNION Orientation Meeting.
Membership status shall remain in effect per the terms set forth in the AFSCME
Membership Application. Only AFSCME members are afforded exclusive
UNION membership rights.
The CITY shall provide the UNION, on a monthly basis, the name, home address
and department, division or work unit of employees entering or leaving a job
classification covered by this Agreement. Employees leaving or reentering
employment from Military Leave will be noted.
Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay
of each member of the UNION covered by this Agreement, who authorized such
deductions in writing, all dues or fees levied by the UNION. The CITY shall
provide the UNION 5 business days prior to the end of the pay period an
alphabetical list of employees belonging to the UNION. The list shall contain the
amount of payroll deduction for each employee listed. The CITY agrees to remit
to the UNION on a bi-weekly basis the aggregate amount of deductions shown on
the list furnished by the UNION. A copy of the Check Off Authorization Form
signed by each employee shall be submitted by the UNION to the CITY.
Payroll deductions shall be limited to the following choices:
Union Membership Dues
AFSCME Voluntary Political Action Check Off (PEOPLE)
22
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 2025-2
The Union will comply with its legal obligation regarding the administration of
this section.
Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY
for any and all costs or legal action, which may be caused, or result from the
CITY'S compliance with this Article.
36.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subject to the operating needs of the City. Requests for such use shall
be made in advance to the appropriate Department Dead or designee and shall
include the date, location, time and general purpose of such meeting. The City
may establish reasonable regulations governing the use of such facilities.
36.5 No City employee or applicant for employment shall be discriminated against any
aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affiliations, union affiliation, age, sex or disability.
36.6 The City and AFSCME agree and understand that if any section of the MOU in
any way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in
favor of the MOU language. If the MOU is silent on any issue, the applicable
document is controlling.
ARTICLE XXXVII— GRIEVANCE PROCEDURE
37.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretations and clarifications executed by
AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matter of discipline which includes demotion, suspension or
discharge.
As used in procedure, the term "PARTY" means an employee, AFSCME, the
City or the authorized representative of any party. The employee is entitled to
representation through all steps in the procedure.
37.2 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
23
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
a. Interpretation or application of any of the terms of this MOU, including
Exhibits thereto, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension, or discipline Ci.e.. i)ay reduction) of an
individual employee. «I'
Fepr411+HHd-liff(Algit -k}Ie u'hAi 1- f -001MIM d-+Eor
designee. �+ci;imp-nC�l�t�-1�paHi�#-I�iEe�ar-i}r-cle�i�t�ee-iso=F���t1-�t�fl
hinE 4it-aN�i Ei�at s ijt t ��� ftrrthargri aee
c. Disputes as to whether a matter is proper subject for the Grievance Procedure.
Disputes which may be of a "class action" nature filed on behalf of AFSCME
or the City. Class action grievances shall be in writing from AFSCME to
the City Manager or vice versa.
(W.3:�inployecs sluill have the right t o&;rieve letters ol• reprimand through the chain
of command up to the De3ti� t -Di w City Manager or designee. Tile
decision of the City Manager or desi nec is final and
binditm and not subject to further gricvance.
37.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work days of the date of the action complained of, or the date the
Grievant became aware of the incident which is the basis of the Grievance.
37.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement
signed by the Grievant shall be presented to the department head which shall
include the action being grieved and the desired remedy. A discussion shall then
take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall
be taken within fifteen (15) work days of the date the department head receives
the written statement.
37.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall
be the presentation of the Grievance, in writing, by the employee or his or her
representative to the City Manager, who shall answer in writing within fifteen
(15) work days of receipt of the Grievance. This Step shall be initiated within
fifteen (15) work days of the date of the answer in STEP TWO.
37.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration
shall be the final level of appeal for grievances and discipline. It is agreed by
both parties that the decision of the arbitrator is binding and final on both parties
and that if this procedure is utilized all other avenues of appeal are waived. If
arbitration is chosen the City must be notified within fifteen (15) work days of the
City Manager's decision.
24
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252-
Within
0252
Within ten (10) working days after the request for arbitration is received by the
City or at a date mutually agreed to by the parties, the parties shall meet to select
an impartial arbitrator. If no agreement is reached at this meeting, the parties
shall immediately and jointly request the State Conciliation and Mediation
Service to submit to them a panel of five arbitrators from which the City and
AFSCME shall alternately strike names until one name remains; this person shall
be the arbitrator. If the State Conciliation and Mediation Service cannot provide a
list of five arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as possible, the
following guide lines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
C. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court
reporter required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a joint letter, the parties may submit separate letters.
C. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses normally
would be present at the hearing only while testifying and should be
permitted to testify only in the presence of the employee or his/her
representative and the employer's representative.
25
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
The arbitration hearing will be held on the employer's premises.
The cost of arbitration shall be borne equally by the parties. However, the
cost, if any, of cancellation or postponement shall be the financial
responsibility of the party requesting such delay unless mutually agreed by
the parties.
The decision, opinion, or award shall be based on the record developed by the
parties before and during the hearing. The decision will be in writing and shall
contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of the
MOU or the written ordinances, resolutions, rules, regulations and procedures of
the City, nor shall he/she impose any limitations or obligations not specifically
provided for under the terms of the MOU. The arbitrator shall be without power
or authority to make any decision that requires the City or management to do an
act prohibited by law. The arbitrator has no power to add to a disciplinary action.
37.7 Failure by either party to meet any of the aforementioned time limits as set forth
in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
37.8 An employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
37.9 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XXXVIII — MUTUAL CONSENT CONTINGENCY
38.1 This MOU may be amended any time during its life upon the mutual consent of
the City and AFSCME. Such amendment must be in writing and attached to all
executed copies of this MOU.
ARTICLE XXXIX— NO STRIKES
39.1 The represented employees agree that they shall not strike, withhold services,
engage in "slow downs" or "sick -ins" or participate in any other concerted
activity which adversely affects job performance or City services during the term
of this MOU.
ARTICLE XL — PROBATIONARY PERIOD
40.1 All appointments to positions in the classified service shall be subject to a
probationary period of twelve (12) continuous months of service. The
probationary period shall be regarded as an integral part of the examination
process and shall be used to closely observe the employee's work for securing the
most effective adjustment of an employee to his/her new duties, assignments and
responsibilities in his/her new position and for rejecting any probationary
26
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
employee whose performance does not meet required work standards. If the
service of the employee is deemed to be unsatisfactory, the employee shall be
notified that he/she has not satisfactorily completed probation.
40.2 During the probationary period, all new hires shall have the rights and privileges
afforded to other employees, except:
a. Vacation Leave — See Article XX for vacation schedule.
b. The use of the Grievance Procedure to grieve termination.
C. The City and the employee may mutually agree to extend the probationary
period in increments up to six (6) months. The total extended probationary
period shall not exceed twelve (12) months. AFSCME must be notified of
all extensions by Human Resources.
40.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position from which he/she
was promoted. The seniority and status of a rejected candidate shall continue as
before.
ARTICLE XLI — PROMOTION
41.1 The City and AFSCME mutually agree it is good personnel practice to make
every effort to promote from within consistent with the best interests of the City.
ARTICLE XLII - SENIORITY
42.1 Seniority is defined as the total length of continuous service with the City.
Continuity of service shall not be broken and seniority shall accrue when an
employee is:
a. Inducted, enlists, or is called to active duty in the Armed Forces of the
United States or service in the Merchant Marine under any Act of
Congress which provides that the employee is entitled to re-employment
rights.
b. On duty with the National Guard.
C. Is absent due to industrial disability.
d. On leave of absence.
e. Absent due to layoff for a period of less than twelve (12) consecutive
months.
ARTICLE XLIII — SHOP STEWARDS
43.1 AFSCME agrees to notify the City in writing as to the appointment of all shop
stewards. Shop stewards shall be required to work full time in their respective
classifications and shall not interrupt the work of other employees. A steward
27
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20230 - 20252
may, with reasonable notice and approval of his or her supervisor, leave the job
during working hours for reasonable periods to investigate pending grievances
and to take part in the Grievance Procedure. However, no steward shall leave the
job while his presence is necessary in the judgment of his/her supervisor for the
safe conduct and efficiency of the operations in which he/she is engaged.
ARTICLE XLIV — STATUS
44.1 Employees shall be designated as regular or probationary.
a. A regular employee is defined as an employee who has twelve (12)
months or more service with the City in full time employment, except as
provided for in the Rules for Personnel Administration, Article X
(Probationary Period).
b. A probationary employee is defined as an employee hired for a full time
position that has been regularly established as an authorized position and
is of indeterminate duration. A probationary employee shall receive not
less than the minimum rate for the job and shall be eligible for sick leave
pay, vacation pay, holiday pay, retirement plan participation, insurance
coverage and items of a similar nature, as he/she becomes eligible, but
shall not be given preferential consideration for promotion or transfer or
be eligible for a leave of absence. Upon completion of twelve (12) month
of continuous full time service with the City, and satisfactory
performance, a probationary employee shall be given the status of a
regular employee.
ARTICLE XLV — TERM
45.1 The terms and conditions of this MOU shall continue in effect until such time as
they arc superseded by a signed agreement/MOU between the City of Lodi and
AFSCME. The parties agree as follows:
TERM: Covering the period from January 1, 20222920 through December 31,
20252922.
28
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 20252 -
EXHIBIT A
Salary Schedule — General Services
Effective January 9, 2023
29
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
1 20230 - 20252
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20230 - 2025-2
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31
MOU — CITY OF LODI AND AFSCME
A.F.5.C.M.E. COUNCIL 57
}DUCAL 146 -AFL-CIO
Jeremiah Miller, Chief Negotiator
Date:
Shawn Tallerico, Chapter President
Date:
"Perri Lovell, Executive Vice President
Date:
Rodney Plamondon, Vice President
Date:
James Agnew, Treasurer
Date:
Thomas Gabriel, M&O Representative
Date:
Derrick Spagnola, M&O Representative
Date:
Kevin Kriser, GS Representative
Date:
Lance Earl, GS Representative
Date:
Denise Wiman, GS Representative
Date:
GENERAL SERVICES UNIT
202 -202
CITY OF LODI
A MU-NLQ1PAL CORPORATION
Stephen Schwabauer, City Manager
Date:
Andrew Keys, Deputy City Manager
Datc:
Adele Post, HR Manager
Date:
Approved As To Form:
Janice D. Magdich, City Attorney �e
Attest:
Olivia Nashed, City Clerk
32