HomeMy WebLinkAboutAgenda Report - March 19, 2003 E-12CITY OF LORI � � COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Mernorandurn of Understanding between City of Lodi and International
Brotherhood of Electrical Workers (IBEW), Local 1245 (Electric Utility
Unit)
E TING : Wednesday, March 19, 2003
SLjR I TT'F BY- Human Resources Director
RECOMMENDED ACTION- That the (pity Council accept the Memorandum of Understanding for
the International Brotherhood of Electrical Workers (IBEW), Local
1245 (Electric Utility Unit).
BACKGROtj!ND INFORMATION:
The City has recently completed negotiations with the Electric Utility bargaining unit, represented by the
International Brotherhood of Electrical Workers (IBEW).
0n January 14, 2001, the City Council accepted the tentative agreement with the IBEW. rhe agreement
was subsequently ratified by the IBEW. A. Memorandum of Understanding has been prepared and is now
brought back to the City Council for i-ornnal adoption.
FUNDING: N/A
ctl.: lly submitted,
.ioa e ill. Narloch, Hum,Resources Director
cc: City Attorney
APPROVED
y—" City Manager
RESOLUTION NO. 2003-44
NOW, , THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Memorandum of Understanding for the international Brotherhood of Electrical
Workers, Local 1245 (Electric Utility Unit), as shown on Exhibit A attached hereto, and
E IT FURTHER RESOLVED that said Memorandum of Understanding shall be
effective January 1, 2003, through December 31, 2005
Dated, March 1, 2003
I hereby certify that Resolution No, 2003-44 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 19, 2003, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Land, and Mayor
Hitchcock
ABSTAIN. COUNCIL MEMBERS — None
SUSAN J, BLACKS (" N
City Clerk
MEMORANDUM, ` ANDI
CITE OF LODI
LOCAL 1245
INTERNATIONAL BROTHERHOOD _ ). OF ELECTRICAL WORKERS
ELECTRIC UTILITY UNIT
January I, 2003 to December 31, 2005
Table of Contews
/\zo'o]el..........Coroycrismtiou
for illness orInjury Incurred
ATfic]eXV1......
....... Deferred Compensation.......-.......................'......lI
in Course, of employment..........-........
l
Article fl- .�...�.�.�..-CoDrt
Ann Duty..............'..........l
Article III......
......Oh/crtcoe.... ........ ....-..........
........ 2
Azticle7V.,.. ....... .......
Sadory.- -- -............... ............. .....................
....-4
Article V.
--StaodbvDuty ....... .....-.-.....-...... ................
......./4
Article \7I. ..... ���..
......Temporary Upgrade... ..... ............. ........-................. 6
Azticle\7I ....................Toolo
and Uniforms ...... .... ............ ....... ---
.......... 6
ArticleV1I ...... = �...........
.Iudlon Reimbursement ... ............................
............. 7
Article ]X..C atastrophioB aik... ............. .......
..,..-.............-�
Azlicle}{... ..'�.....Fun{rol Leave ..... ...... ...................... ....... ......... ..8
Axtic\oX1......... .'....... ..Holidmys............... ............ ........ .........................9
Article X11..... ...... .......... }.c,�mvoof Absence .... .............. ........~..9
/\rtiole}{1} -....- �........ -Sick Leave ................. ............. ....'........... ........-.l0
/lrtiuloXV.- -........ ...- 'o Coverage ... ...'......... ............ .....-.......l3
ATfic]eXV1......
....... Deferred Compensation.......-.......................'......lI
Article X\/){..- �......
....Don1wl Insurance, .....-...r.............. ......... ........... ..lI
Article XV111..
......Life Insurance ....... ........ .....-.l2
/\zticleXIX.........
...... ...-Long Tem -i Di .... .................................. -.....!2
Article W.. ......
...... ..-WdicalIomnrunce.........�.-..........'..................-.12
Ar1 clQ -XXI.-�..........
Redror000t.................. ...'........ .......
l3
Ailic}eXXII-.........
.......Sick Leave CunYersiOn........... ........'...,...............,..14
CHAPTER -4. SAFETY
ArticleXXI\/...... -...�.._Smfe,m.......... --- ......... .......... ,....... .16
EHAPI ER 5 -Work Hours Sebedules Meals
Article XXV ..................
Hours__ ........... ...... ........... .............. _17
27
Article XXVI ......
.-Anclement Weather, ............. ........
27
Article XXVII _ .
. ....... _.Meals ... ____ ....... .............. ........
Article, XXVIII.
Trouble Troch..... , ........ ...... .................20
Ailicle XXXVI. .. _ ...Emplove'e
Article XXIX,
.,Ut)llty Services Operator Relief Procedure
Article XXXVII ......... ._.Grievance
Procedure., . ...... ...... _ ............ __32
Three Shift Plan_ . ...... _ ...... __ ................ -_21
Article XXXVIII, . ...... ...Disciplinary
Article XXV]....
..............Utility Services Operator Relief Procedure
Article XXXVTTI,.._..,-Mutual
Consent Clause. . , , . ..... ...... ......... ___ ...... _38
Two Shift Plaia .. __ ... ............................. ____23
A,qicle XXXIX,. ...... ...
Article XXX1, .,,.,Utility Services Operator Procedure
39
Article, XL .....................Policy
Two Shift Plan.. . ............... __ .... ................ ___26
-CHAPTER 6.Asso�Lia_fion/CJbLLSsUes
Article XX. Xll................Chan
es in Memorandum of Understanding_ ........
27
Article XXXIII...............
City Rights . _ - . . ........ ........... ...... ...
27
Article XXXIV. ...... .......Demotion
and layoff.......... .... _ ...... _ ................ ......28
Article XXXV. . .. ..... ... ,. ..Drug and Alcohol Policy,............................ ....... _28
Ailicle XXXVI. .. _ ...Emplove'e
Representation. ...... ...... ...... _28
Article XXXVII ......... ._.Grievance
Procedure., . ...... ...... _ ............ __32
Article XXXVIII, . ...... ...Disciplinary
Proceedings ... ................ __.35
Article XXXVTTI,.._..,-Mutual
Consent Clause. . , , . ..... ...... ......... ___ ...... _38
A,qicle XXXIX,. ...... ...
No Strikes ..... ............... __ ....... ......... ..
39
Article, XL .....................Policy
ManuaL, ........ _ ... ...... ... __39
Article, XLI .... ...Probationary
Period_ .......... __ ....... ........... _ ......3
Article XLII...... ...
_Rest Period .... ........... _40
Article XLIIL _ _ ...... ....Term
...... ___ ....... ..........
Al
Attachment A Salary Schedule
Attachment B Salary Schedule
Attachment C Side Letter Re: Alternate Work Schedule
Attacbxncnt D Side Letter Re: Clarification of Article VIII
City of Lodi
M
InternationalBrotherhood of .electrical Workers
10-03-2005
C-hapter 1.� a
TICL -OMP NSATT N `C) ILLNESS t it N.. Y INC JN
COURSE OF ENIYLQYM]KNT
1. l T be, City and the MEW mutually agme that when an employee is compelled to be absent frorn
work due to iriluries or illness arising out of and in the course of his employment, the City will
pay full compensation to any represented employee who becomes eligible for benefits under
Workers' Compensation laws for the period of time between the injury and the first day of
eligibility for benefits. With the detennination that the injury or illness is compensable in
accordance with Workers' Compensation bene -fit criteria, the employee upon receiving said
benefits paid by Workers` Compensation will also receive compensation from the City in such
,ate amount that when added to theWorkers' Compensation payment will equal his/her regular
salary. The amount paid by the City will, after the period from the date of injury and date of
eligibility, at the employee's discretion be charged to the employee's sick leave, vacation leave,
or compensatory time off account. Such choice shall be made at the time the time cards are
turned in and shall not be changed after being submitted. The employee's regular deductions
shall be made from the amount paid by the City.
T- II - T.APPFARANCES/JURY Dury
11 The MEW concurs with the existing City policy which provides Haat no deduction shall be
made ftom the salmi of an employee while on jury duty,
2,2 If ars employee covered by this agreement is required by subpoena to appear in court or to give
a deposition as a result of an action taken within the scrape of employment with the City, that
employee will receive his/her full pay while so doing with no lass of time ifhe/she is on regular
duty. If the employee is not on duty, the City agrees to compensate Haat employee at one and
one-half time his/her regular pay for the time spent in any appearance as required by this article.
As a prerequisite for payinerat to off-duty employees, the Electric Utility Director or his
CITY OF ;` OD] AND INTERNATIONAL L BROTHERHC1OD or ELECTRICAL WORKERS - MOU 2003-2005
designee mast be notified in writing of. the off-duty appearance within seventy-two hours after
the employee is subpoenaed or otherwise notified of the required court appearance.
2.; Voluntary gyand jury service such as that service in Sana Joaquin County is not covered by Jury
Duty leave.
Swing and Graveyard Shift Utility Operators called in for jury duty for a second consecutive
day will be reassigned to the Day Shift, Monday through Friday for the remainder of the jury
duty.
I
�K QNTRTYMF
3, Overtime work is work performed by an employee at tinges other than those normally required
for hisiher employment and includes time worked as follows:
I , in excess of forty hours in a work week,
2, in excess of eight hours in any work day,
3. time worked € ut.side of regular hours of work on a work days
. time involved on non -work day, and
5, time worked on a holiday.
{overtime, except as provided for in Axticle V, Section 5.1 shall be compensated as follows;
Prearranged at the rate of one and one-half times the straight time rate of pay, Prearranged
work shall meati Haat the employee was notified of the work prior to the end of the
preceding regular workday. All other work shall be considered "non -prearranged" or
ssemergency" work.
2. All other overtime at the rate of two times the straight time rate of pay. The time worked
in excess of 12 consecutive hours and continuing until the employee is dismissed from
such work shall be paid at the rate of two times the employee's straight time rate of pays
Any time worked on a holiday will be paid at two tinges the employee's rate of pay,
3.2 The City may change the hours of work as stated in 25.1 after consultation with the employees
and the employee €ar axaization involved, provided however Haat no change or alteration of
hours or schedules will be made for the sale purpose of avoiding the payment of overtime.
33 Employees who are required to report, for work on their non -work days, or holidays, shall be
compensated at the overtime rate for actual hours worked, but in no event shall they be paid for
less than two hogs.
C rry of LoDI AND !NTERNA':IONAL BROTHERHOOD OF EL,E'CTRI CAL WORKERS - MOU 2003-2005
3.4 Any employee reporting, for prearranged work wholly outside of his/her regular hours on a
regWar work day shall be co.nipensated at the overtime rate for actual time worked, but in no
event shall Ire/she be paid for less than two hours.
3,5' Any employee, refusing to work on a holiday after having received forty-eight hours of such
work scheduling, and leaving failed to secure a replacement with management approval, shall
not be compensated for Haat holiday.
3,6 Ovemm, e shall be distributed as equally as possible among these employees in the sante
classification who voluntarily sign the biweekly overtime call -out list. The City reserves the
right for emergency call -out work to first call employees on the list who meet a 20 -minute
response bine requimmem. The, City retains the right to call any qualified City employee to fill
in crews atter the overtime list is exhausted. No employee shall be required to trade time for
the purpose of avoiding payment of overtime.
3. f` Employees may exchange work days with other employees in the same classification provided:
1. both employees aye agreeable to the exchange; and
2 neither employee work more than forty hours during the work week involved; and
:.3, the exchange receives management authorization.
3.8 hen, at the req uFst of the supervisor in charge, an employee reports for prearranged work,
10 On work days outside of his/her regular work hours be/she shall be pail overtime
compensation for actual work time in connection therewith, provided however, that if any
such employm continues to work into or beyond his/leer regular work hours helshe shall be
paid overtime, compensation only for actual work time up to his regular work hours,
2. On non -work days or on holidays he/she shall be paid overtime compensation for actual
Pork time in connection therewith, For the purpose of this section prearranged notice has
been given by the end of hislber preceding work period on a work days
3,9 Subject to the following limitations, any employee eligible for overtime pay may choose to
accept compensatory time Gaff (CTO) in lieu of cash compensation for earned overtime. CTO
will be granted at the applicable overtime: rate for each hour of overtime earned,
3.10 The maximum accumulation of CTO at any time shall be limited to 240 straight time hours,
butwillbe redaaced to 120 hours, and paid at the current hourly rate of pay in the first full pay
period 'in January of each year. The employee may request to reduce his/her accumulation to
an amount below the mandatory reduction to 120 hours. in addition, are employee may
request pay off of any portion of his compensation on the first of April, July and October.
I
CITY OF 1. ODI AND INTERNATION Ai_ BROTHi rcl-IOOD of EL,ECrRIC:AL WORKERS — iV OU 2003-2005
3.1 1 An employee shall decide whether earned overtime will be recorded as overtime, CTO, or an
equlivalent combination p or to submission of their next time cu. Such decision shall be
in -evocable subsequent to the submission of the time card.
3.12employee's request to use accumulated CTO shall be granted at the sale discretion of the
department supervisor with due consideration to bath the wishes of the employee and the
efficient. conduct of City business, Two working days notice is required. However, if the
supervisor feels the workload is such that shorter notice is acceptable, he/she may grant CTO
accordingly.
TIC - _,SALARY
4.1 The first pay period in which January I, 2003 falls, all classifications shall receive an equity
adjustment as shown in Schedule A. Effective the first pay period In which January 1, 2004
falls, all classifications shall receive an equity adjustment as shown in Schedule B. The cost of
living increase that is to be received on this date will be added to the amounts shown on
Schedule B.
4,2 Effective the pay period in which July 1, 2003 falls, employees will receive a cast of living
adjustment based upon the consumer price index (CPI -W), San Francisco -Oakland-San Jose,
The increase will be no less than 2% and nes greater than 4% and calculated using the most
recent twelve month average that is available and issued by the Department of labor as of Jane
15; 2003. Effective the pay period in which January 1, 2004 and 2045 occur, cast of living
agjustments will be adjusted using the same methodology and a reference date of December
15th -
413 5th_
4,3 The City of Lodi intends to establish an apprenticeship program in the Electric Utility
Department during the Term of this MOU,
4.4 A Rubber Clove premium of 5% will be available for eligible linemen, foremen, and
troubleshooter classifications, Eligibility will be determined by the electric department
based capon industry standards®
4.5 An Operations Premium of 3% will be applied to Operators for all hours worked dung
swing or graveyard shifts.
5,1 Employees assigned to standby duty for emergency calls shall receive straight time pay for each
standby period as follows,
Other
Employees Operators
On work- days 3 hours 2 lours
On noxa -work days 4 hours 2 hours
El
CITY OF l-OD1 AND INTERNATIONAL. BRQT}IF:Ri- 001) OF ELECTRICAL WORKERS -- MOU 2003-2005
On observed holidays 8 hours 4 hours
December 24 (When Observed) 5 hour's 3 hours
In addition to the "Standby Duty Pay" (above) the employee on standby shall be paid at the rate
of one & one half times the straight time rate of pay for time worked on emergency calf. The
first call -out will be paid at two hours m.inimurn at the overtime rate. Subsequent calls will be
paid for actual time worked at the overtime rate. The time worked in excess of 12 consecutive
hours and r..oratinuing until the employee is dismissed from such work shall be paid at the rate of
t jo tines the employee's straight time rate of pay,
STANDBY OPERA.TORJTWO SHIFT PIAN:
The Standby Operator will be the swing -shift operator, going off duty at 2215 hours. This.duty
will begin at the end of the first day worked can swing shift (2215 hours) and will continue to
the day shift following, the last day worked on the swim shift (0630), for a period of 8.25 hours
per day. Holiday standby shall be the 8,25 lours preceding the day shift of the holiday.
ST,kN'DBY TROUBLESHOOTER
The Standby Troubleshooter will be the swing -shift troubleshooter, going off duty at 1800
hours. This duty will begin at the end of'the first day worked on swing shift (1800 hours) and
will continue to the day shift following the last day worked on the swim shift (0700 lours), for
a period of 13 hours per day. Holiday standby shall be the 24 hours starting at 0700 hours on
the day of'the holiday and Qontiiiijing to 0700 hours on the day after the holiday.
The Standby Operator and Troubleshooter will be provided pagers operable by the answering
service,
52 Employees assigned to standby duty (example'. the Trouble Truck) on an observed holiday shall
receive eight hours straight time pay for that day in addition to the regular holiday pay. Time
worked on an emergency call shall be paid at the rate of one and one half times the straight time
rate of pay with a minimurn of two hoalrs (there will be no offset on standby pay), subsequent
calls will be paid for actual time worked,
5.3 If €moi employee assigned to standby dray is called for erner ency work more than once i a
twenty-four hour period from midnight to midnight, minimum overtime compensation shall be
paid only for the first call outside of such employee's regular work hours on work days or at any
time on h lber non -work days; for subsequent calls overtime compensation shall be paid for
his/her actual work as herein provided. For the purpose of this section, concurrent calls or
successive calls without a break in work time shall be considered as a single call. If by reason
of a call an employee worms less than furca hours and into his/her regular work hours such call
shall not be considered as a first call for the purpose of the minimum overtime compensation.
OTT OF LOCI AND INTERNATIONA i, BROTHERS- 000 of E CTtt1CAL WORKERS– M013 2003-2005
AR—TICIALY-1 w ETAPQ Y F_
-i The City of Lodi and the LBEW mutually agree that any Electric Utility Department employee
temporarily assigned to a higher classification than their regular classification shall recei`Fe a
10% wagc increase while in this status. However, in no event shall the upgrade pay per hour
exceed the "E" step of the classification to which the employee is temporarily upgraded. This
provision shall only apply when such time worked is more than four hours c -emulative during
an oight-hour period,
6.2 When, In accordance with Section 6.1 above, the City requests members of a line. crew to
temporarily replaces their foreman/forewoman and all members of the crew refuse to adept the
assignment, the City reserves the right to send these crew members home without pay, if in the
City's judgment, their safety or the satisfactory completion of their work depends upon
sup ndsion by a qualified individual assuming foreman/forewoman responsibilities. Normal
c£ -,w work would resume when the City deems that adequate supervision is available.
6.3; In the, event a person is upgraded in a two-man crew situation the employee will receive a 5%
pre, iur for all s€rcb time worked in excess of four hours during the normal work day.
7.I The City and the IBEW mutually agree that the City, will supply necessary tools and equipment
for employees in accordance with the following procedure.
Consistent with tiro needs of the employee as related to his/her job classification, and to aid the
employee in the perfon-nance of his/her work. in a safe and efficient manners the City will
provide the fallowing list of basic hand tools, work gloves and equipment:
Skinning knife Utihty° bag Safety glasses
Work gloves Ruler, 6`, woad Dubber boats
Pliers, side cut Hammer, claw Rain gear
Screwdriver, 10" Wrench, adjustable 12" Wrench, adjustable, 8" or 10"
Safety strap adjustable (primp) pliers 10"
7,2 in addition, the City will provide a boat allowance of $250.00L er calendar year to all
Linemanli inewo,man, Line Foreman/Line Forewoman and Troubleshooter. In addition, the
City shall provide a boot allowance of $150.00 per calendar year to all Electricians, Electrical
Technicians, Metering Teclmicians and Metering Eltvricians. This amount to be paid quarterly
as part of regular pay check.
i.3 The above triols will bo furnished in accordance with the following controls:
R
CITY OF LOD! ANT) NrE NAI`IONAL BRQ'I HERHOOD OF ELECTRICAL WORKERS— MCU 2003-2005
Each employee will be responsible for the care, preservation and proper use of tools and
equipment issued to himiher. Tools and equipment lost or damaged through improper use
will be replaced at the employee's expense,
All unsafe, broken or worts out tools will be replaced on an exchange basis.
The City will provide each employee with three pairs of gloves per fiscal year.
7.4 The City shall provide uniforms wid laundry service for all field employees that conform to
reg,ulatory standards.
8,1 The City shall provide reimbursement for tuition costs, up to a maximum of $1,804 per fiscal
year, to be paid upon the satisfactory completion of course work. The fill cast of books for
these same courses will also be provided
.2 The maximum ainount reimbursed is based on fees .for two courses of study at California Mate
University; Sacramento. This maximum amount will be updated annually. A fiscal year is the
period between July 1 and July 30. The final date of class shall determine the fiscal year in
which that course falls,
83 This section will be applied toward registration fees at an accredited college or university.
Course work must be part of a program of stay towards obtaining an Associate of arts,
Bachelors' or any higher degree.
.4 The City will pay all cast of license fees, physicals and training required for licenses and
pen -nits.
7
CITY OF LORI AND !N s`ERNATI(7NAt, BROTH RMOOD OF ELECTRI CAL WORKERS - MOU 2003-2005
CIS telt 2. Le-aves
ARTICLE _CATASTROJHF BANK
9. i The City of Lodi agrees to create a catastrophe bank for all unit members who by reason of
verifiable long term illness orInjury exhaust all employee benefits, This bankwill be funded
by vola.intary transfers of the dollar value of accumulated compensatory time, vacation and/or
cater time accumulated by the member,
`The Catastrophe Bank will be administered in accordance with the Administrative Policy and
Procedure Manual, Catastrophe Leave Policy and Procedure dated January 23, 2003,
Employees are eligible to use the bank for industrial injury in accordance with this policy.
TICL - SFA
10.1 A permanent employee will be pert -pitted to use sick leave, vacation leave or compensatory: time
off to attend the funeral of a member of their imniediate family, including the time the deceased
may tie in state, the day of the funeral, and the time necessary to travel to and from the location
of the funeral, but not to exceed three working days.
The mediate f4mily shall be limited to an employee's:
spouse
parent
grandparent
grandparent -in-law
paarmt-in-law
child
grandchild
son-in-law
daughter-in-law
stepchild
brother
sister
half-brother
half-sister
foster parents
or a more dist it relative who was a member of the employee's immediate household at the
time of death..
10.2 A permanent employee will be permitted to use si& leave, vacation leave, or compensatory
time off to attend the funeral of a person the employee may be reasonably deemed to owe
respect, but not to exceed one day,
0
CITY OF 1,0D]AND INTERNATIONAL 3RC?THEriMOD of ELECTMAL WORKERS- MOU 2003-2005
.°"IUB+ - BOLIDAYS
11.1 Members of this unit will observe the following holidays
New Fear's Day
Januar l
Martin Luther King Day
3' Monday in January
Memorial Day
4th Monday in May
Independence Day
July 4
Labor Day
1 st Monday in September
Thanksgiving Day
4tb `I"hursday in November
Day fitter Thanksgiving
Friday after the 4' Thursday in Nov.
Christmas
December 25
If a holiday falls erre Saturday, the preceding Friday shall be observed, and if a holiday falls
on Sunday, the succeeding Mondkv shall be observed, In addition, if Christmas falls on
Wednesday, Thursday, or Friday, members shall have an additional one-half day off on
December 24th. Should Christmas Day fall OD Tuesday, December 24th shall be observed
as a holiday.
In addition, each employee will be granted five days of holiday leave to be taken Gaff at a
time mutually agreed upon between the employee and the Department Head. Holiday leave
shall be taken during the calendar year,
11,2 Employees fired raid -year shall be credited with the rernairiing feed holidays in the
calendar year, plats one additional holiday for each severity -five days remaining in the year.
Employees separating from service raid -year shall have the remaining fixed holidays in the
calQndar year plus one additional holiday for each severity -five calendar days remaining in
the year deducted from their holiday leave balances.
113 The City agrees to make cash payment at rate of two times the regular rate of pay for
holiday work in addition to straight time holiday pay for any employee regularly scheduled
to wore a holiday.
-ARTICLE X11 - LEAVE _0F ABSENCE
1.2.1 The City and the TBEW mutually agree Haat inability to return to work after an employee's sick
leave has been exhausted will be considered ars urgent and substantial reason for the granting of
a leave of absence in accordance with Rule IX, Section 3, Rules for Personnel Administration,
City €afLodi, California.
12.2 The City interprets this Section as providing Haat the conditions under- which an employee will
Fre restored to employment on the termination of leave of absence shall be stated as clearly as
possible at the time by the City in conjunction with the ,granting of the leave of absence. The
C1 71 -Y OF LOO] AND INTERNATI€ VIAL SROTHERI300D OF ELECTRICAL WORKERS — I° OU 2003-2005
City reaffarins its policy that an employee's status as a permanent employee is not impaired by
such leave of abscnce.
ARTICLE X111 - Q XAVE
13.I 'ullrtirne employees will accumulate sick leave with pay at the rate of 3.70 hours per pay
period.
13.2 Sick leave may be accumulated up to an unlimited amount.
4.1 Vacation Leave shall be accrued as follows:
there are no rnajor scheduling problems in the judgment of the City;
2, a request is made at least forty-eight hours in advance-, and
transportation to and from job site are the responsibility of the individual employee.
14.3 During the first continuous twelve months of employment, vacation days shall be earned
but may not be taken, An employee who terminates employment for any reason during the
first twelve months of employment shall be entitled to a payoff for vacation hours earned.
14.4 Vacation leave may not be carried over to the next calendar year in excess of the amount
earned in a calendar year unless authorized by the City Manager.
14.5 All persons fired after January 1, 1995 shall only accrue a maximum of 6.16 hours of
vacation per pay period.
N
Hours Per
';Period
0 through 5 years:
3.08
(10 days per year)
6 through 11 years:
4.62
(15 clays per year)
12 through 14 years.
5.24
(17 days per yea")
15 through 20 years:
6.16
(20 days per year)
21st year:
6.47
(21 days per year)
22nd year,
6,78
(22 days per year)
23rd year:
7.09
(23 days per year)
24th year:
7.40
(24 days per year)
25th year & Over:
7.71
(25 days per year)
14.2 Vacations may be taken provided the following conditions are met:
there are no rnajor scheduling problems in the judgment of the City;
2, a request is made at least forty-eight hours in advance-, and
transportation to and from job site are the responsibility of the individual employee.
14.3 During the first continuous twelve months of employment, vacation days shall be earned
but may not be taken, An employee who terminates employment for any reason during the
first twelve months of employment shall be entitled to a payoff for vacation hours earned.
14.4 Vacation leave may not be carried over to the next calendar year in excess of the amount
earned in a calendar year unless authorized by the City Manager.
14.5 All persons fired after January 1, 1995 shall only accrue a maximum of 6.16 hours of
vacation per pay period.
N
CITY OF i.ODI AND INTERNATIONAL I-IROTHI RHOOD OF ELECTRICAL. WORKERS - MOU 2003-2005
15.1 Chiropractic coverage, up to a maximum of $750,00, will be included in the medical insurance
plan.
15,2 Notwithstanding the addition of chiropractic coverage to the medical plana, the fallowing
Individuals small continue to be allowed to receive chiropractic services from their present
chiropractors and be reimbursed, in accordance with the language of the prior section 22,5.
LALaft qEci7 qjy 22.6. `rmF CITY SHALL REIMBURSE EMPLOYEES FOR CHIROPRACTIC CARE AND
CHRONIC PHYSICAL THERAPY TO A M -A IMUN4 BENEFIT OF 80% OF THE FIRST $750 OF COVERED
CHARGES PER FISCAL YEAR (JULY TO JULY) PER PERSON, THIS POLICY COVERS ONLY THOSE
TR ATMI ENTS THAT A RRL NOT COVERED UNDFR THE CIT" ' OF LoDj MEDICAL PLAN.
COVERED SIV ID : "
Brown, Rod
ees, Gall
Dr, Reynolds, Lada
Dr, Reynolds, Lodi
15.3 When any of such individuals changes their chiropractor or the chiropractor becomes a medical
provider under the City's medical plass, they shall utilize the medical plan's list of prodders and
shall be subject to the teras and limitations of said plan.
15.1 A deferred compensation program whereby all employees may contribute a minimum 2 1f2%
to the program to augment their retirement, The City agrees to match an employee's 2 1f2%
contribution to the Defcrned Compensation Program. effective the pay perked in which January
1, 2004 falls, the City agrees to match, up to an employee's 3% contribution to the Deferred
Compensation Program.
11C1 - N ITIS CF -
1 le 1 The City will provide the level of dental benefits described its Delta Premier Flim summary and
pay 100% of the premiums for all eligible employees and their dependents for the term of this
agreement. 11iis benefit Inas a $1,000 per calendar year maximum benefit per person.
I II
CITY of LOD! AND INTERNATIONALBROTHERHOOD OOD CSF Euc`rRiCAL WORKERS — MOU 2003-2005
1 .IA life msmance program providiiig for two tines annual salary to a maximum of $250,0000
Said benefits will reduce with age according to the reduction schedule of the life insurance
career. Covcra e for dependents will also be provided according to the schedule available from
the carrier, This insurance is only applicable to active employees.
18.2 The City agrees to pay the employee's premiums for the above mentioned life insurance
larograr.
19.1 A long—term disability program which, coordinated with other disability benefits will provide a
benefit equal to the sum of.
19.2 Monthly LTD Benefit Arnounts would be:
6 213 of your basic monthly earnings
s
To a maximum of $10,000 per month
193 In some instances based on the determined date of disability, your approved LTD benefit may
be governed by the terms of the previous policy:
> Two-thirds of the first $3,000 sof monthly gross salary ($2,000) plus
One half of the neat $2,000 of monthly gross salary ($1,000)
The total monthly benefit cannot exceed ($3,000)
19A This program to cormaserrcc 120 days from the date of disability pursuant to the City's long-
term disability policy. The City agrees to pay the employee's medical, dental, and vision
insurance premiums daring this 120 -day period.
19,5 The City agrees to pay the employee's prerniums for the above mentioned long -team disability
Program.
20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan
available in Lodi through CalPERS and the parties shall meet and confer on a replacement plana
offering such an equivalent level of benefits. Except as modified by section 20.2, the City of
Lodi shall pay the entire medical premium for employee's and families not to exceed the cost of
the highest HM.O available within the City of Lodi through CalPER .
20.2 Effective as soon as administratively possible, employees with one dependent on their medical
plans will contribute $80.00 per month towards their medical premium, Employees with more
12
CITY OF 1,ODI AND INTERNATIONAL BROTHERHOOD OF ELECTIJCAL WORKERS— MOU 2003-2005
than one dependent on their medical plan will contribute $104,00 per month towards their
medical premium, The City will pay all increases in premiums for employees and their
dependents for the; term of this agreement.
203 Those crnplo ees who do not provide coverage for dependents will receive art additional $25.00
per pay period contribution from the City to the Deferred Compensation Plata.. These
employees who do not elect any coverage will receive an additional $71.15 per pay period into
their Deferred Compensation plan.
20,4 Employees shall be eligible for medical insurance the first day of the month next following the
date the employee becomes a full-time regular employee of the Coity.
20,5 Only one family member may cagy errtployce and dependent coverage of City sponsored
medical insurance. The City will reimburse the employee for co-insurance payments on a
quarterly basis.
2046 During term of MOU, the City and IBEW will meet and confer- over whether to adopt a
cafeteria plan, and if so, then over its terms. It is the City's intent to examine on a citywide;
basis possible adoption of a cafeteria plant, Meeting over this issue may be conducted between
the City and a coalition of City bargaining units, including the TBEW. In absence of mu. teal
agreerxem-, the current terms of this MOM will remain in effect.
ARTICLE - RETUIEWNT
Z) e l The City will provide the C'aIPERS retirement plan, carr monly known as the "2% at 55 °". Said
plain shall include tete following additional benefits:
m Improved Nora -Industrial Disability Al owance(Section 21427), Benefits which
provide under PERS a 30% benefit after five years of service, increasing to a maximum
50% bele t,
n Third Level 1959 Survivor benefits (Section 21573)
Post Retirement Survivor Allowance (Section 21624)
a Credit for Unused Sick Leave (Section 20965)
F Military Service Credit as Public Service (Section 21024)
21.2 The City will pay all of the employer's contribution,
213 The tufty will pay into the employee's PERS account 7% of lease salary.
a
CAVY OF LODI AMID INTFRT`7AT] ONAL BROTHERHOOD OF ELECTRICAL WOR ERS --- MOU 2003-2005
21.4 inuring the term of this agreement, the City agrees to meet and confer with the MEW if and
w en the representatives for all affected bargaining units covered by the City's miscellaneous
plan reach consensus to pay for the City's increased costs associated with any CaIPERS plan
amendments
21.5 The City agrees to provide an exit meeting for employees who will be retiring. This
meeting will be scheduled after the e.rnployee provides a 30 -day notice to Human Resources
01' tN, employees intent to retire, The exit meeting will discuss health benefit options
(COBRA), sick leave conversion (if applicable), information on obtaining CaWERS benefit
estir-natesr service and disability retirements, employe association options, and any other
benefits the employee is entitled to.
22.1 For all wiused sick leave, a represented employee with ton years of employment with the
City shall receive medical insurance coverage upon retirement (but not upon resignation or
texTnination) on the following basis; 50% of the dollar value of sick leave will be placed
Mto a bare to be used for medical insurance premiums for the employee and dependent.
For each vear that an employee has been employed in excess of 1O years, 2 1f2% will be
added to the 0% for valuing the size of the bank.
Obert Smith retires with 20 years service and 1840 hours of unused sick leaves His
monthly salary is $3,8$172 (24.64 per hour).
1800 X.75 X $24.64 = $33,264M
This amount will be reduced each month by the current premium for the employee and
ependent until the balance is gone, In the event the retiree dies, the remaining bank will be
reduced by 50% and the survivor may use the bank until the balance is gone.
212 In the event an active, employee dies before retirement and that employee is vested in the sick
leave conversion program, the surviving dependents have an interest in one-half of the value o
the bank as calculated in section 2201, In accordance with the sick leave conversion provisions,
a surviving spouse may, at his/her own expense, continue medical insurance at the employee
only premiumo
22.3 A surviving spouse of an unvested employee may, at Ms/her own expense, continue to purchase
medical insurance at the appropriate rate for a period of time qual to the time the employee
worked for the City.
22.4 A retired employee may choose to receive a cash settlement for unused sick leave at the rates of
.30 on the dollar, Under this provision, employee's sick leave balance at the time of retirement
shall be converted to dollars at the employee's current rate of pay.
M
0j,Y CaF LLD! AND INTERNATIONAL. BROTHERHOOD OF ELECTRICAL. WORKERS -- IV OU 2003-2005
22.5 Represented employees who retire on a service retirement shall have the option of purchasing,
at "he; employee's caste additional medical insurance for the employee and his/her sponse
sufficient to reach age 65.
22.6 Caui Of area retirees may receive reimbursement for medical insurance premiums up to the City's
liability as specified in Section 22.1,
22,7 The Cit -,y a rees to modify its contract with PERS to add credit for unused sick leave per
Government Code Section 20868,8. This benefit is available to all employees regardless of
date hared, bowever, it is the only sick leave conversion benefit available to employees hired
after January 1, 1995. It is agreed that eight hours equals one clay for purposes of determining
days creditable. If an eligible employee opts to utilize the provisions of Section 22.1, the City
will report they have zero hours of unused sick leave.
22,8 Effective September 1, 1998:
Delete last sentence of 22.7
2. Add "Employees who are eligible, may, for my of the gree options in this section,
utilize one or any combination of options provided that the total amount of hours used
dcos not exceed the amount of sick leave hours accumulated at the time of employee's
retirement,"
A.PMCLE XXIII - VISION INSURANCE
23.1 The City agrees to provide a vision care plan, equivalent to the TSP plan B, with a $25.00
deductible for the employee and dependents; the entire premium to be paid by City.
15
CITY OF LORI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS — THOU 2€103 - 2005
ChApter 4. Safe1y
24. t T -he City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to insure this, such steps to
include but not 'fie limited to:
Conducting frequent inspections of job site operations;
2. Wong necessary steps to protect against job hazards, bath unsafe physical
conditions, including methods and processes, and unsafe actions of people;
1 continuing "tailgate" safety meetings oar all jams for the purpose of briefing
employees can the hazards connected with the work to be performed, to plata work
and to emphasize safety in the performance of ttae work;
4, continuing periodic safety meetings for the purpose of discussing matters related to
safety and to provide an opportunity for first aid training.
5, continued m8na ernent cooperation in the preparation of the agenda for such
meetings,
s,
24.E The SEW will cooperate with the City in providing speakers and materials for safety
meetings.
24.3 The Electric Utility Department shall bold safety meetings far all employees at least once a
quafter. Where it is unreasonable to bring all employees together at one time, these
aneetings may be by sections. If because of shift work some personnel car of participate
ever in section meetings, they shall be given copies of the minutes of appropriate meetings,
24,4 Each employee shall be provided with on-the-job training first aid, This program shall
include refresher training at 3 -yeas intervals.
24.5 Se-miannual safety inspections shall be made of facilities, tools, and work areas by a
conn nittee including at least three non -supervisory hourly employees appointed by the
Electric Utility Superintendent after consultation with the: IBE° . The conunittee shall be
free to schedule its own inspections but must report at each quarterly ,safety meeting, When
necessary for the safety of the committee or to explain technical problems in safety, a
supervisor may be earned to accompany the coanrnittee, but he/she is not to influence its
findings,
2.4.6 The City, through its supervisors, shall act promptly to correct any unsafe conditions that
may be reported by the contrraittee,
M
CITY OF LORI KIND 1NTERNA` ONAL ROTHFR 001) OF ELECTRICAL WORKERS --14 OU 2003-2005
24.7 The City agrees to provide safety glasses up to a maximum cost of $251.00 per pair as
required. A maximum of two pair of safety glasses will be provided by the City during
employment except as indicated in sections 74.9.2 and 24.10 below.
24.8 All prescription safety glasses shall be Purchased or serviced within the City of Lo&
rnploayees shall have their choice of any local optometrist, The employee shall pay
directly to the optornetrist arty fees for prescription examination or related extra
charges.
24.9 Prior to issuance of a replacement pair of prescripuon safety glasses for payment by the
City, the employee shall discus with and receive approval from the immediate
supervisor and department bead. 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 safely Masses will
be replaced and paid for by the City,
If safety glasses are least or damaged off the job, the employee will pay the total
ar ount for replacement.
If an ern loyee 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.
}. If safety glasses are unsafe due to normal wear and tear, the City shall approve a
replacement pair as specified above.
24.10 The following conditions on the part of any applicable employee shall be grounds for the
cast of the employees issued safety Masses to be deducted from the employee's payroll
check after a determination of coast has been made by the City:
1. Where the city would be required to replace issued safety glasses due to abase by the
employee,
2. Failure on the part of an applicable employee to gear or utilize issued. safety
glasses armless otherwise agreed to in writing.
3. Failure on the pari of an applicable employee to return issued safety glasses,
regardless of condition, upon separation from City service.
ARTICLIX
17
CITY OF LODI AND 1N'T`ERNATiONAL, BROTHERHOOD OF ELECTRICAL WORKERS — MOU 2003-2005
25.1 The City and the I EW mutually agree that the regular lours of work for line crew personnel
shall be 7,00 a,m. to 12:00 loon, and 12,30 p.m. to 3o30 p.m., and the regular work days shall
be Monday through Friday with Saturday and Sunday being noxa -work clays. The lunch hour
may be con-Enenced at any time between the fourth and sixth work hour.
25,2 All eight lacer work periods regularly scheduled to begin at 4 a.m. or thereafter but before 12
o'clock noon shall be designated as day shifts. All eight holo work periods regularly scheduled
to begin at 12 o'cloch noon or tberea:fter but before 8 p.m- shall be designated as swing shifts.
All eight "hour work periods regularly scheduled to begin at 8 p.m. or thereafter but before 4
ami, shall be designated as graveyard shifts.
253 By mutual agreement of both parties alternate work schedules may be developed,
26.1 The City will not require work on electric lines or outdoor substations (other than operating
functions) in inclement weather, except in cases of emergencies. Thera eznploye�s are
prohibited from perforniing their regular duties because of inclement weather, the City will
provide work vrhich can be performed under protection from the weather. Emergencies shall be
€leernt-A situations requiring work to prevent risk to life or property or to maintain or restore
continuity of regular service to the public.
Wr1CL
271 When the City requires an employee to perform non -prearranged work on a work clay
beginning more than erre hour prier to the start of the non -nal work day, the City will provide
such employee with a meal allowance. Such meal allowance shall be considered implemented
two hours after reporting to work, The City shall continue to provide meal allowances at four-
hour intervals until the first such meal ,allowance falls within the nor ial work day, then only
arae subsQquent meal allowance shall be allowed. The time taken to consume such meal shall
be at the City's expense, except the second meal allowance during the work clay (regular work
mode).
Caen the City rewires air employee to perfonn non- rearr aged work on a work day extending
the normal work day by two or more lours, the City will provide such employee with a meal
allowance at the two-hour point. The City shall continue to provide meal allowances at four-
hour intervals until the employee is dismissed fi`orn work. The time taken to consume any such
meal shall be at the City's expense.
27 2 Allen the ('ity requires an employee to perform non -prearranged work: on non -work days, the
City will provide meal allowances at intervals of four hours. The first meal allowance shall be
four hours after the employee reports to. work, providing time is allowed for an employee to eat
before reporting, If ,such time is not allowed, the first meal allowance shall be two hours after
M
CITY OF LODJ AND 1N ERNA` )ONAL 13ROTBERH OD of ELFci,RICAL WORKERS — MOU 2003-2005
reporting for work and at four-hour intervals thereafter. The time taken to consume any meal
shall be at the City's expertise.
27.3 When an employee is required to perform prearranged work on noxa -work days during regular
work. hours, the employee shall observe the lunch arrangements which prevail on the normal
work days, If such work continues after regular work hours, the City shall provide meal
allowances in accordance with The provisions of Section 27.1.
2"`.4 If the City rewires an employee to perform prearranged work starting two or more hours before
.regular work hours on work days or non -work days and such employee continues to work into
re War work hours, the employee shall provide for one meal on the job, The City shall provide
meal allowances for other meals as required by the duration of the work period. The meals
provided for in this section shall be eaten at approximately the usual times therefore and the
usual practice relating to lunch periods on work days shall prevail. The usual times, therefore,
shall be 6.00 a.m. r 12M noon. e 6.30 p.m.
27,5 if the City requires an employee to perf6nn prearranged work starting two or more hours before
regular work hours on a work day and such work is completed less than one hour prior to the
begirmirag of the normal work day, the City shall provide a meal allowance. The time taken to
c0nsuTne any such meal shall be at the pity's expense.
27,6 If the City requires a Troubleshooter to work four or more consecutive hours during a standby
period the City shall provide: a meal allowance,
The City shall provide meal allowance(s) to the Troubleshooter during the week of standby
duty as follows.
On a Normal Workday
I.
The break between the completed work (call -out) and the
beginning of the workday is less than erre (1) hour.
2. The work (call -cut) is continuous and extends the workday
by more than two 2) hours,
Trouble shooter in standby mode shall not receive compensation for the
time taken to eat any meal, normal workday compensation excluded,
27.7 The real allowance shall be 15Mt
19
CITY OF LORI ND INTERNATIONAL BIOOTHER1-1C?w of FLECTRICAL WORKERS - MOU 2003-2005
27,8 For the purpose of this section prearranged work shall mean that the employee was notified of
the Avork pxior to the end of the preceding work day.
2T9 During the term of the ? 0I.J, the City and IBEW will meet and confer over Article XXVR.
Meals,
SIC�� ''ROUBLEXROUBLE TRUCK
1 allLT SCHEDULES
`Ibe servioe truck (trouble truck) will normally be staffed with Troubleshooters on a rotational
shift basis. One of tato shift schedules can be utilized based on the needs of the department (see
attached schedules). Each schedule has ars 'early shift' with working hours between 0700-1530
hours and 'late shift` with work hours shifted a maximum 2.5 hours to 0930-1800 hours. Both
shifts have one-half hour lunch periods included. Schedule A runs Monday thr€ugh'`riday for
all three shifts with the `Late shift' beim on standby duty outside the normal work hours.
Schedule B runs Monday through Friday for two shifts and Tuesday through Saturday for the
Third shift with the, late shift beim on standby duty outside normal work hours. The work hours
on Saturday can be shifted to 0700-1530 hours by muWal consent between all Troubleshooters
and the Electric Utility Director.
28.2 11LITY
To be eligible and to remain eligible for the position of Troubleshooter, the employee must be
male to respond to the center of Lodi (City Hall) within 20 minutes following receipt of a call
for service.
28.3 S H_EPMj 1 :& VE
Sobeduled leave will only be authorized for one- Troubleshooter at any one time, except for a
hardship case,
Scheduled leave is defined to begin and end at the beginning of the normal workday and be
leased on the dates shown on the ftcquest for Leave form.
28A BELIEF
If the Troubleshooter scheduled for late shift and/or standby duty is unable to report for work:,
the Troublahooter scheduled to work the following 'late shift' shall cover the shift or parts
thereof by drifting work fours to the 'iate shift' schedule.
In the event the Troubleshooter "scheduled to work the following 'lade shift'," as used in the
above relief procedure, is unable to cover the shift or parts thereof, the Troubleshooter
scheduled to work the preceding 'late shift' shall cover the shift or parts thereof
W
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS- MOLT 2003-2005
If no Troubleshooters are available for any shift, the City shall offer the shift or parts thereof to
Liner ewtincewomen that meet the eligibility requirements of 20 minutes response time and is
at the F Step pay and in accordance with the established call -out procedure, i.e. least overtime
first,
special Con(Lit
If the Troubleshooter scheduled for work on Saturday is unable to report for Work, work Will Dot be
perfomied. The Troubleshooter scheduled to work the following 'late shift' will have standby duty all
Saturday,
A�RTJ RELIEF PROCED1 TPE
Tl_ign.-SIHFTkLA��
293 Requests for leave, otber than emergency, shall be submitted for approval a minimum of five
I
working days prior to the first day of the requested leave. The shift of the operator on leave
shall be filled as follows-,
A. Ful],51iift s
)
— J
Tbe Relief Operator will reswne the operator's shift(s) on the operator's first "Regular Day
Off' prior to the leave, and continue working the shift(s) until the last day of the operator's
requested leave, i.e, last day of shift(s). At this time, the Relief Operator will assume
his/her regular schedule,
B, L_essthan a full shift
Thr;, Relief Operator will shift his/her hours to cover the leave Monday
through Friday.
2, Weekend leave (Saturday and Sunday) shall be covered by the
"Regular Day Off' Utility Department Operations Division employee
with the least amount of accumulated overtime in that pay year at the
time of the request, If an employee declines to work the shift(s), it
shall be counted as a shift(s) worked for overtime record purposes,
The Operations Supervisor will keep a record of all overtime hours on
a pay year basis. Va-TEN THE OVERTIME TOTALS ARE THE
SAMF FOR THE TWO EMPLOYEES TO BE CALLED, IT
SHALL BE "LAST WORKED, LAST CALLED,"
C. Thursday "day shift" shall be covered in the following mamicr when the Relief Operator is
unable to cover this shift.
i The Operator working day shift the previous Wednesday.
2. The T "Regular Day Off' Operator scheduled to work day shift on the,
following Friday,
NJ
CITY CSF Lo i AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005
D. In the event the shift(s) carmot be covered as described above, the following order will be
used,
1. Operators having adjacent shifts will split the shift, thus each working
12 hours,
1 One operator will work the entire shift, thus working 16 hours,
-AThe Electric Utility Director or his/her designated representative will
appoint someone deemed qualified by him/her to work the shift,
29.2 'The procedure by which the Utility Services Operator position will be staffed in those instances
when to scheduled Operator is unable to report for work because of illness or injury, or
othem,ise absent, shall be as follows:
A, When it is necessary for this position to be filled by other than the regularly scheduled
operator and such necessity arises on Monday, Tuesday, Wednesday or Friday day (6,30
arra, to 2.30 p,m,), the Relief Operator, unless working a rotating shift., shall be called first
to fill such a vacancy. If he/she is not available, the vacancy shall be filled as outlined in
Section B.
B. When it is necessary for this position to be filled by other than the regularly scheduled
operator ansa such necessity arises at any ether time in Section A, it shall be filled in the
following order;
I a The "Regular Day Off' "utility Department Operations Division employee with the
least amount of accumulated overtime in that pay year shall be called first to fill such
vacancy.
2, If a "Regular Day Off' employee is not available, the two duty operators before and
after the shift in question may split said shifts, thus each working 12 how.
3. If one duty operator declines to split the shift in question, the other operator may
work two consecutive shifts (16 hours).
, If the dirty operator declines to work all or any part of the shaft in question, the Relief
Operator shall be called.
5. If all or partof tete shift in question cannot be filled as set forth above, the Electric
Utility Director or his/her designated representative shall have the right to call in any
other Electric Utility Department employee deemed qualified by liicar to serve in
such capacity,
C. Ihen it becomes necessary to change a Utility Services Operator or Relief Operator from
one shift to another, with less than 12 hours off between shifts, the employee shall be
compensated at the overtime rate for that period worked within the 12 -hour interval
following the end of his/her preceding regularly scheduled shift,
D. ''herr the overtime totals are the same for the two employees to be called, it shall be "last
worked, last called".
NN
CYFY OF 1,001 AND INTERNATlt)N . BRO'r ERF1OOD OF ELECTRICAL WORKERS- MOU 2003-2005
Tire Operations Supervisor shall keep a record of overtime worked. access to this
record shall b, grade available to all division personnel.
Note. Regular Scheduled Work On 4 I Holiday Shall Not Be Considered As C ertirrae For .The
Purpose Of Computing Accumulated Overtime.
^41�+��,Ay+p�JSB-A.+Y"I��s TrX�R:14✓ �.F:��^�%%�ibR e. ��R./ .Ah19`�.FA%/DIW
mn
LAN
30A 5C P-DUTLED L�EAYg
Request for leave, ether than =ergency, shall he submitted for approval a minimum of five
working days prior to the first day of the requested leave. The shift of the Operator on leave
shall he. filled as follows:
A. Full Shift
The Relief Operator will assume the Operator's shift(s) on the Operator's
first "regular Day Off' prior- to the leave, and continue working the shift(s)
until the last day of the Operator(s) requested leave, i.e. last day of shift(s).
At this time, the Relief Operator will assume IuAer regular schedule.
OTE. When the Relief Operator- is covering a full "Day Shift`, the Operator scheduled to work
Friday "Day Shift" .shall become the duty oper"alor, Ike Relief Operator will perform
hi0ier normal duties dor m 06.30 to 1430 hours.
. fess than a full shi, excluding Friday:
l . The belief Operator will shift hisiher hours to cover the leave Monday
through Thursday.
, Weekend Leave (Saturday and Sunday). The belief Operator will shift his/her hours
to cover the leave by taking off the preceding Thursday and Friday.
3. Saturday Leave. The belief Operator will cover the shift and take off the precedin
Monday.
Note: Saturday leave requires tern clays advance request, or as mutually agreeable to both
parties involved.
4. Sunday Leave. The Relief Operator will cover the shift and take the pn-,ceding pr-,cedingFriday
off,
NoW. The two Operators scheduled to work Friday "Day Shift" shall be referred to cis follows:
IN
Q Y OF I..OD1 AND INTERNATIONAL BROTHE.RI- 000 of El.ECTRICAL WORKERS- MOU 2003-2005
first � Second Operator
IV
he peratcar beginning the "Day Shift". The Operator finishing the "Day Shift".
On Fn'days, without any leave, the "Second Operator" shall be the Duty Operator.
C, Enda Shi ;
"Day Shift" shall be covered by the "First Operator" in the event the "Second
Operator" is -unable to cover the shift.
2. "Swing Shift" shall be covered by the Relief Operator by shifting his/her
schedule.
D, In the event the shift(s) cattnol be covered as described above, the following carder will be
used:
1, All week, excl-uding Friday. The "Regular Day Off' Operator will cover the
shift,
, One Operator will oi-k the entire shift, thus working 15.75 /tours.
3, Flectne Utility Director or his/her designated representative will appoint
someone deemed qualified by him/her to work the shift.
30,2 Lap er ez-e Leave
A. The procedure by which the Utility Services Operator position will be staffed, when the
sQbed€aledd operator is unable, to report to work, shall be as fellows.
I , lay and Swing Shifts - excluding day shift, Monday through /Friday.
a, if the Swing Shift Operator reports "unable to cover slain" at the
beginning of the same days' shift, the Relief Operator, if available,
shall change hi. -/her hours to cover the Swing Shift at the straight
time rate of pay, If the Relief Operator has reported to work for the
normal workday or has left borne for work, he/she will be dismissed
until the beginning of the Swing Shift and be compensated fo x°
looms at the straight time rate of pay.
b. "Regular day off' Operator.
c, Operator scheduled to work the adjacent shift (thus working 15.75
hours.
C: r)' of,, LODj AND INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS --- MOU 2003 m 2005
2. Day Shift a Monday through Thursday:
a. Relief Operator (time worked between the hours of 0030 to 0700
will be considered a call out ® i.e, two hours at two times the straight
time rate of pay, The employee does not qualify for meals and is
dismissed at 1530 hours).
b "regular day off' Operator.
c. "Swing shift" Operator,
3. Tray Shift - Friday,
a_ "First Operator" shall be the Duty Operator,
b_ belief Operator.
c. "Svhng shift" Operator.
4. If all or pari of the slain cannot be filled as set forth above, the Electric Utility
Director, or his/her designated representative, shall. have the right to call in any
Ele,dric utility Department employee deemed qualified by him/her.
Extended Leave
B. The Relief Operator begins the Operator's sebedule jnvnvdiately. lie/she leaves the
schedule after completing 40 hours work, at straight pay, in the pay period the regular
sebeduled operator has returned to duty.
C The Operator on emergency leave should notify the Operations Supervisor in advance
(preferably eight hours or more) of the shift he/she playas to return to duty.
303 When it becomes noce,"ary to change a Utility Services Operator or belief Operator from
one shift to another, with less than 12 hours off between shifts, the employee shall be
compensated at the overtime rate for that period worked within the I2 -hour interval
following the end of his/her preceding regularly scheduled shift.
300 Any Operations Division employee required to change his/her work schedule with less
than 24 hours 'prior notice shall be compensated at two times the straight time rate of pay
for any portion worked within that 24 -hole° period. Such period to be determined from the
time notification was first received,
30,5 An employee on leave (e.g., vacation leave, sick leave, holiday leave, etc.) but not on
regular clay off, is considered unavailable for relief duty.
M
CII'Y OF L.OD] AND iNTERNATIONAL BROTHER] -i001) OF ELECTRICAL WORKERS — MOU 2003 m 20€ 5
' 1m F` �LA
31.' Phone galls on line 368-5735 under normal conditions, will be answered by an answering
service doming the time period 2215-0630 hours. The answering service will dispatch a
troublcshoo€ei to the scene and he.1she will investigate the problem. If the Troubleshooter
deter ines that an Operator is necessary, he/she will contact the answering service and request
that the Standby Operator be called. The Troubleshooter will be .in audio contact with the
ans Kernig service at all times. In additions, the Troubleshooter will be provided a pager which
the answering service can operate.
Once the Standby Operator arrives at the OpQrations Center, he/sloe will contact the answering
service and report "€ si-duty." At this point, all established operating procedures take effect, ie.
Operator- requests additional people, conducts switching, prepares service tickets, maintains
system log, etc, The Operator will remain on duty until the system. is back in a "non -nal" status,
before control again is turned over to the answering service.
The Troubleshooter will record "time called" and "time back borne" on all calls in the tirne
period 221.51-0630 hours. This information is to be given to Operations the following Morning,
fOf preparation of proper service tickets, etc,
A no -power call dispatched by the answering service and investigated by the Troubleshooter,
found to be aro "SNY", will be turned on by the Troubleshooter, This action will be reported to
the Finance Department the following work -day morning.
Alarms will be grouped as electric, water, sterni, intrU6013 and White Slough (2). These alarms
will go to the answering service. The aDswering service will call out appropriate personnel,
based on a call -oast list provided by the respective departments. An intrusion alarm at the
Operations Center shall be reporter to the Police Department followed by the Standby
Operator.
1n the event any of the alarms to the answering service, except the White Siam al s, are out
of order at 2215 hours, the swing -shift Operator will remain on dirty, The Operator will
likewise remain on duty until all trouble calls are completed, alarms cleared and the systern is in
a "r omial" status, before transferring control to the answering service. When transfening
control to the Operator, the answering service will advise as to current status.
31.2 When a holiday, real or observed, falls on a Friday, the day -shift skull be covered by the Second
Operator at the overtime rate. The First Operator will take the day off as a holiday. See Section
3UBA for the definition of the first and second operator.
M
x TY OF LORI AND INTERNATIONAL I RO"Ti-iM-1001) OF ELECTRICAL WORKERS MCU 2003-2005
ter _Assod ation/Gtv Issues
32.1 The parties agree to reopen this MQU and to renew Meeting and Conferring on the subjects set
forth herein during the terse of this MOU only in the evert Haat any provision of this MOU is
modified by siataate, applicable regulation or by order of court in such a way as to affect either
the employees or the City, In such evert, all remaining provisions of the MOU would continue
in Rall forge and effect unless and Until they were also modified by statute, applicable regulation
or order of cowl or agreement of the parties,
32.2 In the event that ae court of competent jurisdiction declares invalid or unenforceable any
provision of ibis MOU, the remaining provisions shall continue in full force and effect.
. Tf CLQ _XXM11 - 1:Y RIGHTS
M _1 It is further understood and agreed between the parties that nothing contained in this MOU shall
e constmed to waive or reduce any ruts of the City, which include, but are not limited to the
exclusive rights:
to determine the mission of its constituent departments, commissions and hoards;
to set standards of service; to determine the procedures and standards of selection for
employment;
to direct its employees;
to maintain the efficiency of governmental operations;
to determine the methods, means and personnel by which government operations are to he
conducted;
to take all necessary actions to carry out its mission in emergencies; and
to exercise complete control and discretion and the technology of performing its work.
City rights also include the -rig St to determine the procedures and standards of selections for
promotion, to relieve employees from duty because of lack of work or other legitimate reasons,
to take disciplinary action, and to determine the control of job classifications; provided,
however, Haat the exercise by the City of the rights in this paragraph does not preclude
employees or their r cogna' ed employee organizations from filing grievances regarding the
practical consequences that decisions on such .matters may have can wages, hours or terms and
conditions of employment.
27
CITY fir LODI AND INTERNATIONAL BROTHEKH OD OF ELECTRICAL WORKERS — MOU 2003-2005
ARTICLE XXXIV w DEMOTION AND LAYOFF
34,1 The City and the IBEAV mutually agree that when involuntary demotion and/or layoff is
required, the followinshall be observed:
The City will give permanent employees involved as trench notice as possible,
but in no event will such employees be given less than one pay period notice of
layoff. When probationary employees are to be laid off, no notice of layoff is
required, Layoff in all cases dare to lack of work will be determined by an
employee's length of service, An employee whose job is being eliminated may
elect to displace an employee in a lower classification, if he/she is deemed by
the City to be qualified to perform the duties of the lower classzfieation, and if
his/her length of service is greater than that of the employee in the lower
classification. In the event that a joumeyrnara/journeywoman displaces an
apprentice, he/she shall continue to be paid as a journeyman/journeywoman.
35.1 It is the annual desire of both pies to have and maintain a drug and alcohol free work
environment.
36,1 This I&morandum of Understarzdin (hereinafter referred to as MOLD is entered into
between representatives of the City of Lodi (hereinafter referred to as City) and
representatives of the International Brotherhood of Electrical Workers, Electric Utility Clint,
Local 1245 (hereinafter referred to as 1 ).
The parties to this MOO acknowledge and agree that this MOU constitutes the result of
Meeting and Conferring in good faith as contemplated by Section 3500 et seq. of the
ovet'rrment Code of the State of Ca1iforaia, and further acknowledge and agree that all
matter's upon which the parties reached agreement are set forth in this MOO. If the City
intends to change a matter within the .scope of representation under the Meyers- zllia,s-
rown Act ( A) which is not covered by this MOO, it shall notify the MEW. If the
I EAV wishes to negotiate over such a matter, it shall notify the City within tett (10) work
days of notice, and the parties shall conunence negotiations within tett work days of the
I EW's notification. If the MEW does not respond within ten work- days of the City's
notifications, the C°it, will have not farther obligation to negotiate over the matter,
M
CITY OF LOCI AND INTERNATIONAL, l3RoTk- ERHOOD OF ELECTRICAL WORKERS --- MOU 2003-2005
The tens and conditions of this IMOU are applicable to those employees represented by
IBEW Those classifications are as fellows.
Construction/Maintenance Supervisor
Electric apparatus Mechanic
Utility Service Operator/Relief
Electrical Drafting Technician
Electrical Estimator
Electrical Estimator Assistant
Electric Meter Technician
Electric Troubleshooter
Electrical TecWcian
Electric Line FOTeMan/Forewoman
Electric Line ran/Linewoman
Metering Electrician
Utility Services Operator 1111
Senior Electrical Estimator
Electrician
Utility Equipment Specialist
Sr. Electric Troubleshooter
The terms and conditions of this MOU are applicable to the above -enumerated gasses
which constitute the Unit represented by the IBEW.
36.2 The City and the IBEW mutually agree that the City shall grant dazes deduction to City
employees who are members of the 113EW, Local 1245, in accordance with the terms and
conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled
"Adopting Rules and Regulations to Implement Provisions of theEmployee-Employer
Relations Resolution."
The IBEW shall indemnify, defend and held the City harmless against any claims made and
against any snit instituted against the City on account of check -cuff of said employee
organization's dues. In addition, the IBEW shall reftmd to the City any amounts paid to it in
error upon presentation of supporting evidence.
363 For purposes of continued certification of Local 1245, IBEW as the recognized employee
organization for this unit, employees who are members or hereafter become members shall
maintain membership with Focal 1245, TBEW for the life of this memorandum except that
any employee may withdraw from membership not earlier than ninety (90) days nor less
than sixty (60) clays before the expiration of this memorandum. Such withdrawal must be
in writing and delivered to the Finance Office.
36A Changes in the MEW membership dues rate shall be certified to the City in writing over the
signature of the Business Representative. The change will be implemented as soon as
practicable, but in nes event later than thirty (30) days after the notification.
CITY OF LODI AND INTRNA TIONAt, BROTH OF ELECTRICAL, WORKERS --- MOU 2003-2005
36.5 The City and the TBEW agree and understand that if any section of the I OC. in any way
(.onilicts with the terms and conditions of employment stated in ether authorities, such as
personnel niles, administrative policy and procedure manual, city resolutions, or city
ordinances, any ambiguity will be resolved in favor of the MMU language. If the I OU is
silent on any issue, the applicable document (i,e. policy manual) is controlling.
36 U TI0N, SECURITY
INTRODUCTION
The following Agency Shap provisions shall apply to all employees represented by
the Union.
, DUES/FEES
A. Any employee of the City of Dodi in a classification represented by the
Union who is not on leave of absence shall, as a condition of continued
einployrnent and within rilDety days of his/her date of hire, become a
member of the Union, or pay the Union a service fee in an amount not to
exceed periodic dues and general assessments of the Union. Such amounts
shall be determined by the Union and implemented by the City of Lodi in
the first payroll period which starts 30 days after written notice of the new
amount is received by the City.
, Any employee of the City of Lodi in a classification represented by the
Union who, on March 1, 2003; was ars employee and was not a member of
the Union € n March 1, 2003, and who remains an employee continuously
after March I, 2003, is exempt from the provisions of this Article unless
he or she elects to become a member of the Union Or pay the service fee
stipulated above.
Any City of Fadi er plpyees who permanently fill an IBE -represented
position after March 1, 2003, are subject to the agency shop/conscientious
Objector fee provisions. whether or not they bad been a City of Dodi
employee prior to March I, 2003.
D� Part -bine, on-call employees are not required to join the Union € r pays a
representation fee,
In
t_ IP"' OF LODI AND INTERNATIONAL BROTHEMOOD of ELECTRICAL WORKERS - MOS, 2003 b 2005
i, RE, LIGIOUS MECTIONS
,kny employee who is a rnernber of a bora fide religion, body, or sect which has
historically held conscientious olaaeeticans to joining or financially supporting public
employee organizations shall not, be required to join or financially support the
organization.uc h employee shall, in lieu of penodic dues or agency shop fees, pay
sures equa? to said amounts to a non -religions, non -labor charitable fund exempt from
taxation under Section 501(c)() of the Internal Revenue Cade, which .has been
selected by tlae employee from the following; the Lodi Adopt-a"Child, and the Lodi
House.,
Such payments shall be made by payroll deduction as a condition of continued
exernplloD from the requirements of financial support to the Union and as a condition
of continued Qrnployment,
4, UNIONRE48PONSIBILITIES
A. The Union shall beep an adequate itemized record of its financial
transactions and shall, by April I of each year, make available to the City of Lodi, and
to all bargaining unit employees, a detailed written financial report for the fiscal year
ending the preceding December 31, in the sform of a balance sheet and an operating
statement, certified as to its accuracy by its president and the treasurer or
Corresponding principal officer, or by a certified public accountant.
. The Union certifies to the City of Lodi that it has adopted, implemented, and will
maintain procedures in accordance with applicable statutes, any decisions by a court of
competent jurisdiction, and any other applicable legal authority. The UWon's duty in
this regard includes verification of compliance with the Hudson notice requirements
related to the fair share amount of the agency fee,
Cbold Harrnles : The Union agrees to indemnify and hold the City of Lodi
han-nIess againsi any and all liability including but not limited to such items as wages,
damages, awards, fines, court costs, and attorney fees which may arise by reason of
the result of the operation of this Article.
5. CHANGE OF LAW
In the event there is a change in the law whereby any provision hereof becomes
invalid or if for any reason arty provision of this Article is rendered unlawful by
any published appellate court decision, the parties hereto shall meet -and -confer
31
0TY CSF I,ON ANIS INT RNATIONAI, BROTH IrMOOD OF 1~L CTRIC:AL. WORK ERS -- M0-0 2003-2005
within thirty (30) days to negotiate a substitute provision which conforms to said
law or court decision.
No employee shall be teTTninated under this Article unless:
A. The Union first has notified the employee by letter, explaining that be/she
is delinquent in tendering the required service fee, or payment in lieu of service
fee pursuant to subsections 2 and 3 above, specifying the current amount of the
delinquency, and warzaing the employee that unless such service fee, or payment
in lieu of service fee, is tendered within thirty (30) calendar days, the employee
will be reported to the City of Fadi for tear-iination as provided in this Article; and
13, The Union has furnished the City of Lodi with written proof that the
procedure of subsection 6,A, above has been followed, or has supplied the City
with a copy of the letter sent to the employee and notice that lie/she has not
complied with the requests The Union must farther provide, when requesting the
City of Lodi to terminate the employee, the following written notice
"The Union certifies that 131 to sees arae has failed to tender
the agency shop service fee, or payment in lieu of service fee, required as a
condition of employment udder this Agreement and that ander the terms thereof,
the City of Lodi shall terminate the employee."
AIMCLE L --P_ROCF-DURE
37.1 Disputes involving the fallowing subjects shall be determined by the Grievance Procedures
established herein:
A. Interpretation or application of any of the terms of this agreement, including
Exhibits thereto, Letter of Agreement, and fore -nal interpretations and
clarifications executed by IBEW and City.
B. Discharge, demotion, suspension, or discipline of an individual employee.
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
W
CITY OF l✓ODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS -- MOIL 2003-2005
D, Disputes which may be of a "class action" mature filed on behalf of the
IBEW or the `it -y%
37.2 Class action Pevance will bo in writing from the Business Representative to the City
Manager or vice versa.
3 .3`' 0
Discussion between the employee, the Shap Steward and/or Business Representative and
the Division lead or designated Supervisor directly involved, who will aDswer within
fifteen work days, This step shall be tapers within thirty days of the date of the action
complained of, or the date the grievant became aware of the incident which is the basis o
the Wrieva ce..
379 JIEP TWO
If a'evance is not resolved in the initial step, the Step Two shall be a discussion between
the employee, Shop Steward and/or Business Representative and the Department Head who
shall answer within fifteen work clays. This step shall be takers within fifteen weary days of
the date of the immediate Supervisor's answer in Step One.
37. &TEPEE
If a grievance is not resolved in the Step Two, a committee will.be called to investigate the
factual basis of the grievance. The committee shall consist of a representative of the City
Manager, the departmental supervisor, the Department Shop Steward and Business
Representative, Step Three shall be taken within fifteen work days of the date of the answer
in Step Two.
I ` a giievanm is rant resolved in Step Three, Step Four shall be the presentation of the
gfievance, in writing, by the Business Representative to the City Manager, who shall
answer, in writing, within fifteen work clays of receipt of the grievance, Step Four shall be
taken within fifteen work days of the date of the answer in Step Three.
3 T7 5-T-EPFIVE
If a Mevance is not resolved by the City Manager, arbitration shall be the final step of
appeal for grievances and discipline, it is agreed by bath parties that the decision of the
arbitrator is binding and final on both parties and that if this procedure is utilized all other
avenues of appeal are waived. If arbitration is chosen the City must be notified within
fifteen calendar- days of the City Manager's decision.
3
OTY o ODI AND INTER?AT] ONA1, BRO`rHFRH OD OF ELECTRICAL WORKERS - MOU 2003-2005
Within ten calendar days after the request for arbitration is received by the City, or at a date
inutually agreed to by the parties, the parties small meet. to select an impartial arbitrator, if
o agreement is reached at this rneetirrg, the parties shall immediately and jointly request
the ,Mate Conciliation and Mediation Service to submit to them a panel of five arbitrators
from which the City and the IBEW shall alternately stake names until € ne name remains;
this person shall be the arbitrator. if the Mate Conciliation and Miation Service carmot
provide a list of five arbitrators, the ,sane requesi shall be made of the American Arbitr'atiorr
Association.
To insure that the arbitration process is as brief and economical as possible, the following
guidelines shall be adhered o_
a. Ari arbitrator may, upon mutual consent of the parties, issue a
decision, opinion or award orally upon submission of the arbitration.
be Both parties and the arbitrator may tape record the hearing.
C. `here shall be no official transcript required; however, either party
may utilize a corart reporter at its own scale expense. The cast 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 MMU provisions governing arbitration,
It may contain mutually agreed on stipulations of fact and it may be
accompanied by any docnr eats that the parties mutually agree shall
be submitted to the arbitrator in advance of the hearing which may
not necessarily be stipulations of fast. Further, if the pasties
mutually agree, the entire matter may be submitted to arbitration for
revie��' without hearing, Absent agreement to prepare a joint letter,
the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the bearing 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 of rrriation.
The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct: connection with the appeal. Witnesses
normally would be present at the hearing only while testifying and
should be permitted to testify only in the presence of the employee
or his/her representative and the employer's representative,
M
O` Y 0F.1 -0D) AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS-- MOU 2003-2005
i. The arbitration hearing shall be held on the employer's premises.
The cost of arbitration shall be borne equally by the parties,
l lowever, the cost, if any, of cancellation Or postponement shall be
the finanGial responsibility of the party requesting such delay, unless
intatually agreed by parties.
The decision, opinion, or award shall be based on the record developed by the parties before
the heanng. The decision shall be in writing and shall contain the crucial reasons
supporting the decision and award.
The arbitrator has no power- to acid to, subtract from, or modify the terns of the Ie O T or the
written ordinances, resolutions, rules, regulations mrd 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.
37.8 Failure by either party to meet any of the aforementioned time limits as set forth in Sections
:37.3, 37.4, 37,5, 3T6 or 37.7 will result in forfeiture by the failing party. Except,
however, that the aforementioned time limits may be extended by mutual agreement.
Grievances settled by forfeiture shall not bind either pasty to an interpretation of this MOU,
ricer small such settlements be cited by either party as evidence in the settlement of
subsequent grievances.
37.9 Employees may have doeurraents relating to absenteeism and disciplinary actions removed
from their personnel files if the incident prompting the action took place twenty-four
3 -no aths or more previous and no incident of a similar nature has occurred in the interim.
38.1 'The City Manager, Department Mead, or designee may take disciplinary action
against an employee.
3 8, 2 'The considerations used in detennining the type of disciplinary action shall be considered
can a case-by-case basis. Such considerations shall include, but not be limited to : the
employee's work history and performance record; the nature and severity of the infraction;
degree of orientation; and any extenuating factors.
38,3 The types of disciplinary action that may be takers shall include but not be limited to oral
reprimands, written reprimands, demotions, suspensions, redactions in pay and dismissal
Rosa. employment.
35
CI'T'Y OF LODI AND INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS- MMU 2003-2005
38A The City of Lodi practices a progressive disciplinary process. The process is subject, but
not limited to the considerations listed in 38.2, and shall be implemented on a case-by-case
basis. As a general guideline, the process of disciplinary action shall be in the following
order:
A. Verbal counselling Or oral reprimand to determine the cause(s) or ori iD(s) for lacking
peribrmance, and to encourage.. the employee to raise/maintain performance at an
acceptable level.
B. Wn'tten repritxranad, which, if applicable, will include the performance level the employee
is expected to achieve/maintain,
C. Demotion, suspension, reduction hi pay, and dismissal may be used separately,
concu -eptly, or in succession to other disciplinary actions.
38.5 A written notice shall be given to the employee of the fallowing:
A.. The reasons for the disciplinary action including what males, regulations or policies
have been violated;
B. The effective date(s) of the disciplinary action, and
C, Any rights of appeal.
3&6 The following may be causes for disciplinary action. The purpose of specifying these
causes is to alert employees to the more common types of disciplinary issues. However, tWs
list is not all inclusive and other instances of unacceptable behavior may arise that are to be
included in this list.
A. Improper or unauthorized use or abuse of sick leave.
B, Excessive absenteeism that prevents reasonable availability for assigned duties.
C. absence without authorized leaves repeated tardiness to assigned work station; leaving
assigned work without authorization; failure to report to work after a leave of absence his
expired, or after a leave has been disapproved or revoked.
D.Misconduct; willful or negligent violation of the p rsomel rules, resolutions, and otber
related ordinances including written departmental males, regulations, and policies.
E. insubordination.
Acceptance sof gifts or gratuities in connection with or relating to the employee's duties,
Cie Conviction of a felonry or a misdemeanor 1`13volving moral turpitude, A plea or a verdict
of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or
any offense involving moral turpitude is deemed to be a conviction.
M
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - MOU 2003-2005
'E fraud or the submission of false information related to employment application, payroll,
or aDy work-related record or report.
f.
soliciting outside work for personal gain during the conduct of city business;engaging in
outside ernploym(�,nt for any business under contract with the City; or participating in any
outside employment that adversely 'affects the employee's city work performance; or
conducting personal business on city time.
Jdiscourteous treatment of the p-ublic or city employees Or disorderly conduct OD city
property or on city business including fighting, or using profanity, intimidation, abusive
or threatening language.
K. conduct that interferes with the reasonable management, operation, and discipline of the
city or any of Its departments or divisions or failure to cooperate with superiors or fellow
employees,
L. engaging in political activities while on duty, in uniform or using the authority associated
with city employment,
M. violation or neglect of safety rules or practices.
N, behavior, either during or outside, duty hours, which is of such a nature that is causes
discredit to the city or none of its operating services.
0. discrimination, including harassment, against other employees or members of the public
on the basis of race, color, national origin, religious creed, ancestry, sex, marital status,
age, or physical handicap.
P, inefficiency, incompetence, or negligence in the performance of duties, including failure
to perform or complete assigned tasks or training, in a prompt, competent and reasonable
Manner,
Q. refusal or inability to improve job performance in accordance with written or verbal
direction after a reasonable trial period,
R. refusal to accept and carry out reasonable and proper assignment from an authorized
supervisor.
S, possession or use of controlled sustances or alcohol on city property and/or at the
worksite.
1'. intoxication, intemperance, or incapacity due to the use of controlled substances or
alcohol while on duty.
U. failure to obtain or maintain possession of the minimum qualifications for the position.
37
Ct'n7 OF LORI AND INTER. ;,6,T)ONAL BPO' -HF--jooD of .Et.f:CTRIC L WORKERS — Ir OU 2003-2005
'. Careless, negligent, or improper use of city property, equipment or funds, including
unautborized removal, or use for private purpose, or use; iDvolving damage or
unreasonable risk: of damage to propel,
W. Unauthorized release or use of confidential information or official records -
X, participation in an illegal strike, work stoppage, slowdown, or other job action against the
city.
Y. Inability to perform the duties of his/her job.
L dishonesty
AA.Possession of firearras on the job,
BB. Sleeping on the job.
CC. Theft.
I f . Retaliation for actions protected by law.
E.l"ailure to report loss of or damage caused to city equipment and/or facilities forwhich
the employee was responsible.
FF. Threats of violence against city employees and/or city property,
388 7 in the event of a demotion, suspension, reduction in pay or dismissal, and the affected
employee is not satisfied with the decision rendered by the City manager, the employee may
appeal the decision by fling a written appeal with the Human Resources Department witwn
ten (1 0) work days following service of the final notice of disciplinary action. The written
appeal shall contain a written reply to the charges against the employee and a written request
for ar3 appeal hearing.
38.8 If an employee submits an appeal, the City shall refer the appeal to arbitration in accordance
with step five of the grievance procedure in the MOM. In the case of a disciplinary appeal
sander this article, the arbitrator's authority shall be limited in accordance with provisions of
step five and the parties' hearing stipulations.
3$.l ThisMOU may be amended any time during its lifetime upon mutual consent of the City and
IBEW, Such aruendment must be in writing and attached to all executed copies of t1 s MMU,
Is
CITY oi- OD] ANIS INTERNATIONAL BROTHERflOO 3 OF ELECTRICAL WORKERS- MOU 2003-2005
T CLE XXXIX ® NO STRIKES
.39,1 The repres ed employees agree that they will .not strike, withhold services, engage in „slow
dons" or "sick -ins" or participate in any other concerted activity which adversely affects job
performance or City services during the term of this MOO,
AR --POLICY MANUAL
4C1 City agrees to provide copies of policy Manual to kBEW Shop Stewards and two copies to the
Business Representative of JBEW and to place those individuals on the mailing list for any
Changes thereto.
ARTICLE 2LLli_ _ w PROBATI1t' .
41.1 All appointments to positions in the classified service shall be subject to probationary period of
12 continuous months of service. The probationary period for promotions, transfers, or
temporary employees advanced to regular status who have served in a temporary capacity for a
minim -am of six montbs shall all be six months and are eligible for a merit increase at that time.
The probationary period shall be regarded as an integral part of the examination process and
shall be used to closely observe the employee's work for securing the most effective adjustment
of an employee to his/her new duties, assignments and responsibilities in his/her neve position
and for rejecting any probationary employee whose performance does not meet required work
standards. Newly= hired Linemen/Linewornen shall be paid at no lower than the D Step upon
employment and shall be advanced to the E Step after 13 pay periods.
41.2 During the probationary period., all. new hires shall have all the rights and privileges afforded to
other eranployees. except:
1 Vacation Leave - see Article XIV for vacation schedule
2) The use of the Grievance Procedure to grieve termination.
3 The City and the employee may mutually agree to extend the probationary
period for not more than six months. The IBEW shall be notified of all
extensions.
44.E 'The City will provide medical insurarxce to temporary employees. Temporary employees shall
be permitted to obtain dental and/or vision insurance coverage at group rates by the employee
paying the prevailing premiums. Wben a temporary yI znplaye is converted to radar status,
He/she shall receive credit for all time worked as a temporary employee toward the probationary
period.
CITY OF LORI AND INTERNATIONAL BRMERHOOD OF ELECTRICAL WORKERS — MOU 2003-2005
AR—T]C1jEXL11EST .K ,R RIOD
42.t The City and the IBEW rnuWally agree that when an employee bm worked for eight hours or
more at the overtime rate during the sixteen -hour period immediately preceding the beginniing
of lois/leer regular work hoots on a work day he/she shall be entitled to a rest period of eight
lours on the completion of such overtime work. V&en an employee has worked for Six Or
more hours at the overtime rate during the twelve hours immediately preceding the beginning of
his/her regular work hours on a work day he/she shall be entitled to a rest period of six hours on
the completion of such overtime work. When an employee has worked for four or more hours
at the overtime, rate during the eight hours irrrtTsediately precec ug the beginning of his/her
regular work hours on a work day he/she shall be entitled to a rest period of four hours on the
completion of such overtime work.
42.2 ` bere shall be included as part of the hours worked at the overtime rate in any qualifying period
,my meal time to which the employee is entitled when emergency or prearranged work is
Derfor ed, except that my meal time to which he/sloe is entitled after being dismissed from
work small not be included in the computation of the rest period.
42.3 'Hours worked prior to any rest period in which the employee does not work shall not be
included in computing mother period of overtime work.
42.4 If the rest period in whole or in hart overlaps the employee's regular work hours hey/she will
receive pay at the straight rate for the extent of the overlap, except that the time taken ding
such overlap for any meal to which he/she is entitled on dismissal shall be paid for at the
overtime rate.
42,5 If the employee is called Fuck to work during any rest period a new rest period will commence
at the conclusion of such work.
42,6 If the rest period overlaps his/her regular warp hoots but does not extend into the second half of
his/her work day, the employee may be excused from reporting for work until the begimling o
the second half of his/her work day, and in such ew!nt be/she will be paid for the time between
the expirations of the rest period and the end of the first half of his/her work day.
4207 If the rest period extends into the second half of his/her work day, the employee may be
excused from reporting for work until the following work day, and in such evert he/she will be
paid for the time between the expiration of the rest period and his/her regular quitting time on
such day.
42.8 In the application of the foregoing, ars employee unless otherwise imi;tmcte , shall be deemed to
be excused frorr, reporting to work for the period between the end of his/her rest period and the
reporting time as designated by the applicable subdivision.
M
C ITv OF LORI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS— MOU 2003-2005
42.9 / A employee entitled to a rest period hereunder may never-theless be required to work during
regular work hours on a work day without having had a rest period of four, sic or eight
consecutive hours, as applicable, in which event he/sloe shall be paid at the overtime rate for all
work perforrned until he/she has been relieved from duty for at least four, six or eight
conseclitive hours, as applicable. This section shall not apply to prearranged overtime work.
42, 3 0 For the purposes of this section, when a Utility Services Operator, assigned to the Swing shift
works four or more hours daring the previous day shift and completes his/her regularly
scheduled shift, the first eight hours worked will be paid at the straight time hourly rate, All
time worked in excess of eight hours shall be paid at the appropriate overtime rate and meal
provisions shall apply in accordance with Article XXVII.
43. i The terms and conditions of this MOU shall continue in effect during the term of this MOU
The parties agree as follows:
TERM
Three years commencing January 1, 2003 through December 31, 2005
43.2 The parties mutually agree to commence negotiations no later than three 3) months prior to the
expiration of the MOU,
IM
C;YI-Y OF x OD! AND iN'T`ERNA° IONAL BROTH13RHOOD QR ELECTRICAL WORKERS - MOU 2003-2005
Salary schedule effective 11112003
IN
Cn-Y OF LOO] AND INTERN' ATIONAL BROTH FRH OOD OF ELF -c RiCAL W oRKERs — OU 2003-2005
ATTACHMENT TA
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Cji,y oto Lom AND INTER ATIONAL BRE?THERl-lOOD cel~ ELECTRICAL WORKERS— MOU 2003-2005
ATTACHMENT
LETTER OF AGREEMENT
BETWEEN
THE CITY OF LORI ANIS IBEW ELECTRJC UTILITY UST 1245
Altemate Work Schedule
This agreement defines an alternate work schedule in accordance with Article 25.1 of the Memorandum of
Understanding QMOU) dated IaDuary 2403 --December 2005.
The following defines the terms and conditions of the alternate work schedule when implemented and known as 9-80,
The norn-W workday is 7:00 a,m, to 4..30 p,mr Monday through Thursday with one half hour for lunch break and
7:00 arra. to 3.30 p,rn.. on a Friday workday with one Half hour for lunch break.
The work week shall be defined to begin and end each Friday at 11:00 a,m,
I'he alternate work schedule (9-80) shall begin and end at pay period breaks. The pay period is defined as the two
weeks period beginning on a Monday at 0000 hours and ending on the Sunday 14 days later at 2400 hours,
The employees panftipating in the alternate work schedule (9-80) will be placed in two groups. Croup One will
have the first Friday in the pay period. off (payday), Group Two will have the second Friday in the pay period off.
It is agreed that the alternate work schedule will be terminated at any time (end of pay period) in the event it causes
a reduced level of service to the general public, excessive over-dme use, the inability to -respond to the needs of the
system or the customer or for any other reason not in the best interest of the operation of the Department
* l i:e Utility Service Operator — Relief, Utility Service Operators and Electric Troubleshooters will not participate in
the alternate work schedule.
® This letter of agreement takes exception to article 3.1 part 2 of the iv OU during the normal workday Monday
thi°ough Thursday as defined above,
This letter of agreement may be cancelled by either party effective at the end of a pay period, but in no event later
that, the end of the neat full pay period following the cancellation request, During the waiting period every effort
will be mado to resolve the issue or issues that caused the cancellation request.
Group One employees include: Electrical Estianaior (2); Electric ;deter Technician, Electrical Technician (l) and
EIectrician (1).
Group Two employees include. Electrical Estimator (1), Electric Line oremar /Forewoznan, Electrical Technician (1),
Electric Linernan/Linewoman, Electrician (1), Metering Electrician, Electric Apparatus Mechanic and Electrical
Drafting Technician,
Rick Bolarros
City of Lodi
M
Sam Glero, Business Representative
BEW, Electric Utility UrAt 1245
CITY OF LORI AND INTERNATIONAL )3k2OTH RHOOD OF ELECTRICAL WORKERS — MCU 2003-2005
ATTACHMENT D
LETTER € F AGREEMENT
BETWEEN
THE CITY OF LORI AND I EW ELECTRIC UTILITY UNIT 1245
This agreement is a clarification of Article V111 — Standby Duty, and Article XXV111 —
Hours and Overtime, and is not intended to supersede or alter any other terms of the Memorandum
of Understanding or practice currently in effect,
For call -oats related to paid standby darty, the employee will be compensated at the rate of
one and one-half times the straight time rate of pay, with a two-hour minimum for the first cavil, in
addition to the appropriate standby pay (no offset). This applies to all types of standby assignments
(Troubleshooter, NCPA and Utility Services Operator), However, when it becomes necessary for
the employee on standby to become part of a crew, he/she will be compensated at the rate of two
times the straight time rate of pay for all hours worked as a member of such crew.
For the purposes of this agreement, a crew shall be defined as three or more employees
engaged in a common task.
When it becomes necessary to dispatch a crena to accomplish the emergency work, every
effort will be made to dispatch an m ire crew so that the employee on standby duty can be released
from tlxat situation and be available to respond to additional calls. If the Utility Services Operator is
unable to dispatch an entire crew and the standby employee is required to work as a member of the
crew, the stidby employes will be paid at the nate of two tunes the straight time rate of pay,
commencing at the time the, last; attempt was made to contact an employee from the call out list i.e.
"once through the- lust." In the case where the above situation is the first call of the standby period,
the employee can standby duty shall be paid no less than an amount equal to two hours at the time
and on -half rate.
Its situations that require two employees to accomplish the emergency work, the employee on
standby duty will be paid at the rate of One and one -malt` ties the strait time rate foT all hours
wormed,
Rick Bolanos,
City of Lodi
M
Sam Glero, Business Representative
IBEW, Electric utility Unit 1245
1. B, E. W, - LOCAL 1245 CITY OF LODI
ELECTRIC —UTTLYrY tLI"UT—
Pen-y Znmennan Rick Bolanos
Business Mcuiager,IBEW City of Lodi
Date, Date,
Sam Glero Joanne Narloch
Business Agent, MEW Buenan Resources Director
Date: Date:
Rob Aadland Alan Vallow
Electrician Eli uic Utility Director
Date: Date:
Dave Comer
Electrical Estimator
Date:
Rjoh Willett
Electric Foreman
WN
Kevin Rcid inger
ITtility Service Operator
Date.