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HomeMy WebLinkAboutResolution No. 73520 0 RESOLUTION NO. 7352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING: THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE INTERNATIONAL BROTHERH OF ELECTRICAL WORKERS. WHEREAS, the City Council, at their regular meeting of September 19, 1983, approved the Memorandum of Understanding between the City of Azusa and the International Brotherhood of Electrical Workers, terms and conditions thereof to be effective August 14, 1983: NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding attached hereto as Exhibit A is hereby adopted by resolution. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy thereof to the International Brotherhood of Electrical Workers. ADOPTED AND APPROVED this 17th day of October, 1983. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof held on the 17th day of October, 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE J CI CL 0MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18 This Memorandum of Understanding is entered into with reference to the following facts: (1) the International Brotherhood of Electrical Workers, Local 18 (hereinafter referred to as "Union") is the recognized employee organization representing those personnel (hereinafter referred to as "Affected employees") employed by the various departments of the City of Azusa (hereinafter referred to as "City"), and occupying the classifications as listed in Exhibit "A" attached hereto; (2) in the interest of maintaining harmonious relations between the City and those employees represented by the Union, authorized representatives of the City and the Union have met and conferred in good faith, exchanging various proposals concerning wages, hours, and other terms and conditions of employment to affected employees; and (3) the authorized representatives of the City and the Union have reached an understanding and agreement as to certain changes in wages, hours, and other terms and condtions of employment of the affected employees which shall be submitted to the City Council of the City for approval and implementation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore, the City and the Union agree that, subject to approval and implementation of the City Council of the City, the wages, hours, and other terms and conditions of employment for all affected employees shall be altered as follows: - 1 - 0 0 I. SALARY Effective August 14, 1983, the base salary of each affected employee shall be increased by 5.0% to the range indicated in Exhibit '.'A." Each affected employee shall remain at the same step he/she is in at that time. II. TOTAL COMPENSATION As a matter of philosophy, the Union and the City recognize that compensation consists of terms and conditions of employment other than those represented solely by salary. Further, the City and the Union recognize that the changes in wages, hours, and other terms and conditions of employment as set forth in this Memorandum of Understanding constitute additions to the total compensation received by affected employees. III. NON-DISCRIMINATION A. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Union activities or to refrain from joining or participating in protected activities in accordance with Government Code Section 3500, et seq. B. The City and the Union agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations. The City and the Union shall reopen any provisions of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti -discrimination laws. - 2 - 0 0 IV. CITY RIGHTS A. The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions(s) of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Under- standing. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To Manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the Management decision. 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted, 8. To determine and change the number of locations, relo- cations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subconstract any work or operations of the City. - 3 - 0 0 9. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar nondisciplinary reasons. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause. 13. To determine job classification and to reclassify employees. 14. To hire, transfer, promote or demote employees for nondisciplinary reasons in accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees. 16. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. _To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. B. The City shall have the right to exercise the rights provided in sections "9" through "16" of the Management rights clause, in - 4- accordance with the Personnel Rules a• Regulations as they exist as of June 30, 1983, and shall exercise these rights in conformance with the Personnel Rules and Regulations. C. Except in emergencies, or where the City is required to make changes in its operations because,of the requirements of law, whenever the exercise of Management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Union regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding, or in Personnel Rules and Salary Resolutions and Administrative Code(s) which are incorporated in this Agreement. By agreeing to meet and confer with the Union as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished. V. SEPARABILITY Should any provisions of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent juris- diction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. VI. MAINTENANCE OF EXISTING BENEFITS Except as provided herein, all wages, hours, and economic terms and conditions of employment presently enjoyed by affected employees shall remain in full force and effect during the entire term of this Memorandum of Understanding unless mutually agreed.to the contrary by both parties hereto; including holiday schedule as designated in Exhibit'9'(attached). - 5 - VII. THE CITY ALSO AGREES TO THE FOLLOWING FOR AFFECTED EMPLOYEES A. To revise the callout policy for the classifications of Line Mechanic Helper, Apprentice Line Mechanic, Line Mechanic, Working Line Mechanic Supervisor, and Line Mechanic Supervisor as follows: 1. If called out before midnight or between midnight and 4 a.m., double time for hours worked after mid- night as qualified below: a. If employee leaves work before 4 a.m., straight time resumes at 7 a.m. b. If employee is required to work beyond 4 a.m., double time through next shift or until eight- hour break, whichever is longer. 2. If employee is called after 4 a.m., double time until 7 a.m. -then straight time resumes. B. To revise the vacation accrual benefit to reflect the following: Eleven days of vacation shall accrue per year during the first five (5) years of service; fifteen days of vacation shall accrue during the sixth year; and one additional day shall accrue each year thereafter to a maximum of twenty-four (24) days accrual during the sixteenth year. Balance of vacation policy to remain the same. C. To revise long-term disability insurance benefits pertaining to affected employees to reflect the following: Long-term disability insurance shall become effective sixty (60) days following the onset of illness or injury. D. To provide one pair of safety shoes/boots per year if required by the department head. E. To revio the sick leave benefit bolexpanding the policy as follows: "In the event of the death of a relative beyond the afore- mentioned relationships, accrued sick leave not to exceed three days may be granted for cause by the department head, subject to the approval of -- and appealable to -- the City Administrator." F. To revise the sick leave use policy as follows: "Sick leave shall not be taken in units of less than one-half hour." G. To revise the holiday benefit as follows: "Classified employees shall not be eligible for holiday pay until after completion of 30 calendar days of service." H. To establish a safety committee of representatives of manage- ment and affected employees. I. To provide a training program for affected employees as follows: (1) Class/course to be job related and subject to approval of department head and City Administrator. (2) No employee shall be eligible for more than three days' training per year. (3) Classes available only on Saturday to be compensated by equal time off. (4) Costs to be paid by City are: (a) registration fees (b) supplies (c) mileage in accordance with City policy. (d) meals which are within the confines of class time each day. - 7 - J. To cover increase in cost of healthand dental insurance premiums to a total dollar amount not to exceed $30 per month effective March 1, 1984, through June 30, 1984. VIII. TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on August 14, 1983, and shall continue through and including June 30, 1984. IX. SAVINGS CLAUSE Should any state or federal law mandate the loss of revenue to the City as a result of the implementation of any clause of this Memo- randum of Understanding, or should any state or federal law render a clause(s) of this Memorandum of Understanding invalid, then those changes alone shall not be given effect and the remainder of this Memorandum of Understanding shall be unaffected and shall remain in full forse and effect. X:.. PE -OPENER Should paragraph IX render invalid any provisions of this Memorandum of Understanding, then meet and confer sessions shall immediately commence in an effort to agree upon replacements for such invali- dated provisions. XI. IMPLEMENTATION This Memorandum of Understanding is subject to approval by the City Council of the City of Azusa, and following such approval shall be implemented by appropriate resolution(s) or ordinance(s) of the City Council. �Q INTERNATIONALAROTHERH00I),OF ELECTRICAL WORKERS, LOCAL 18 BY DATE BY � L c' �r is.c v � i� � ` DATE fia�c�/(ok, CITY OF BY DATE es.tartin, City anis / BY o DATE Alex McFar ne, Finance Officer INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS CLASSIFICATION RANGE SCHEDULE AUGUST 14, 1983 (EXHIBIT A) POSITION RANGE Apprentice Line Mechanic 133.6 Consumer Service Representative 127.9 Customer Service Representative I 123.3 Customer Service Representative II 124.4 Customer Service Representative III 126.4 Line Mechanic 138.3 Line Mechanic Helper 129.4 Line Mechanic Supervisor 141,4 Meter Reader 126.4 Storekeeper 127.7 Utility Yard Office Assistant 130.0 Working Line Mechanic Supervisor 139.3 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18 MEMORANDUM OF UNDERSTANDING (EXHIBIT B) Holidays Employees affected by the aforementioned Memorandum of Understanding shall receive or be compensated for the following holidays: New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving day Day after Thanksgiving Christmas Day In addition, a floating holiday has been purchased by each affected employee, for four -tenths of one percent (4/10ths of one.percent (4/10ths of 1%) of 1982-83 salary increase, effective July 1, 1982,