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HomeMy WebLinkAboutResolution No. 7523I RESOLUTION NO. 7523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE MEMORANDUM OF UNDERSTANDING BE'T'WEEN THE CITY AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS. WHEREAS, the City Council, at their regular meeting of July 2, 1984, approved the Memorandum of Understanding between the City of Azusa and the International Brotherhood of Electrical Workers, terms and conditions thereof to be effective July 1, 1984: NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Under- standing attached hereto as Exhibit A is hereby adopted by resolution. The City Clerk shall certify to the adoption of this Resolut- ion and shall transmit a copy thereof to the International Brotherhood of Electrical Workers. ADOPTED AND APPROVED this 16th day of July, 1984. 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 16th day of July, 1984, by the following vote of the Council: AYES: COUNCILMEMBERS:_ CRUZ, COOK CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE l I CI' CLERK MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA ,1�-P INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18, BARGAINING UNIT 64 MEMORANDUM OF UNDERSTANDING - PAGE 1 ARTICLE SUBJECT PAGE I RECOGNITION .........................3 IICITY RIGHTS .........................4 III EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES ...... 6 IV NONDISCRIMINATION ...................8 V SAFETY AND HEALTH ................. .9 VI GRIEVANCE AND APPEALS PROCEDURE.... 10 VII (RESERVED) VIII PROBATIONARY EMPLOYEES.............14 IXREINSTATEMENT ......................15 X NO LOCK—OUT/NO STRIKE..............16 XI WORK WEEK .......................... 18 XII (RESERVED) XIII OVERTIME (COMPENSATORY TIME) ....... 19 XIV CALL—BACK PAY AND COMPENSATORY TIME FOR CALL—BACK ....... 22 XV WORKING OUT OF CLASSIFICATION ...... 23 XVI SALARY.. ...............24 XVII HOLIDAYS.. ...........25 XVIII VACATION........ ..........26 XIX LEAVE OF ABSENCE.. ... .........28 XX JURY DUTY .......................... 30 XXI MILITARY LEAVE ....... .. .31 XXII SICK LEAVE.. ................ .32 XXIII FRINGE BENEFIT ADMINISTRATION......38 XXIV LIFE INSURANCE.. .. ............39 XXVHEALTH BENEFITS....................40 XXVI EDUCATIONAL REIMBURSEMENT ....... ...41 XXVII (RESERVED) XXVIII SOLE AND ENTIRE AGREEMENT... ....... 42 XXIX WAIVER OF BARGAINING...............43 XXX SEPARABILITY— ............. o.o.o..44 XXXI MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS ........... 45 XX)(II TERM OF AGREEMENT..................46 XXXIII RATIFICATION AND EXECUTION ......... 47 MEMORANDUM.OF_UNDERSTANDING — PAGE 2 ARTICLE I - RECOGNITION Pursuant to the policy of the City of Azusa .(hereinafter referred to as the CTTY), the CITY has recognized the International Brotherhood of Electrical Workers, Local 18, (hereinafter referred to as the UNION) as the sole bargaining representative for those Employees (hereinafter referred to as EMPLOYEE(S)) working for the CITY who are enumerated in Attachment "A". .MEMORANDUM OF UNDERSTANDING - PAGE 3 0 0 ARTICLE II - CITY RIGHTS Section 1. 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 Understanding. 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: a. To manage the CITY generally and to determine the issues of policy. b. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity and organization of any service or activity conducted by the CITY and expand or diminish services. d. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. e. Methods of financing. r f. Types of equipment or technology to be used.. g. To determine and change the facilities, methods, technology, means, and size of the work force by which the CITY operations are to be conducted. h. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all CITY functions including, but not limited, the right to contract for or subcontract any work or operation of the City. OF UNDERSTANDING - PAGE 4 1 .1 i. To assign work to and schedule EMPLOYEES in accordance with requirement as determined by the CITY and to establish and change worTc-schedules and assignments. j. To relieve EMPLOYEES from duties for lack of work or similar nondisciplinary reasons. k. To establish and modify productivity and performance programs and standards. 1. To discharge, suspend; demote or otherwise discipline EMPLOYEES for proper cause. M. To determine job classifications and to reclassify EMPLOYEES. n. To hire, transfer, promote and demote EMPLOYEES for nondisciplinary reasons in accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the City. o. To determine policies, procedures and standards for selection, training and promotion of EMPLOYEES. p. To establish EMPLOYEE performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. q. To maintain order and efficiency in its facilities and operations. r. To establish and promulgate and modify rules and regulations to maintain order and safety in the CITY which are not in contravention with this agreement. S. To take any and all necessary action to carry out the mission of the CITY in emergencies not contrary to this AGREEMENT. MEMORANDUM, OF- UNDERSTANDING - PAGE 5 y ARTICLE III - EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES. Section 1. Dues Deductions The CITY shall educt for dues and UNION benefits on a regular basis from the pay of all EMPLOYEES in the classifications and positions recognized to be represented by the UNION who voluntarily authorize such deduction, in writing, on a mutually agreed upon form to be provided for this purpose. The CITY shall remit such funds to the UNION within ten (10) days following their deduction. Section 2. Indemnification. The UNION agrees to hold the CITY harmless and indemnify the CITY against claims, causes of action or lawsuits arising out of the deductions or transmittal of such funds to the UNION, except the intentional failure of the CITY -to transmit to the UNION monies deducted from the EMPLOYEES pursuant to this Article. Section 3. The UNION shall be provided with a list of the names and departments of newly hired EMPLOYEES in the representation unit on a monthly basis. Section 4. Bulletin Boards. The UNION shall have the right to use adequate space on the bulletin boards on CITY premises for the purpose of posting announcements and UNION information. The bulletin board space shall be used for the following subjects only: a. UNION recreational, social and related UNION news bulletins. b. Scheduled UNION meetings. C. Information concerning UNION elections and the results OF UNDERSTANDING 7 PAGE 6 T 0 0 thereof. d. Reports of official UNION business, including UNION y newsletters, reports of committees, or the Board of Directors. e. Any other written material which first has been approved and initiated by the designated CITY representatives appointed by the City Administrator. The designated CITY representatives must either approve or disapprove a request for posting within twenty four (24) hours, excluding Saturday, Sunday and legal holidays, from the receipt of the material and request to post it. The designated CITY representatives shall not unreasonably withhold permission to post. Section 5. Except as limited by specific and express terms of this Memorandum of Understanding, the UNION hereby retains and reserves unto itself all rights; powers and authority, confirmed on and vested in it by the laws and Constitution of the State of California or United States of America. . MEMORANDUM OF.UNDERSTANDING - PAGE 7 ARTICLE IV - NONDISCRIMINATION Section 1. The parties recognize and agree to protect the rights of all EMPLOYEES o join and participate in protected union activities or to refrain from joining or participating in such activities. Section 2. 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 affiliation. The parties 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. Section 3, Whenever a word of the masculine or feminine gender is used in this Memorandum of Understanding, it shall be construed to include the other gender. a MEMORANDUM OF UNDERSTANDING PAGE 8 0 0 ARTICLE V - SAFETY AND HEALTH Section 1. The CITY and the EMPLOYEES of the CITY agree to comply with all appli aale federal and state laws which relate to health and safety. In addition, the CITY and the Union agree to actively pursue the continuance of safe working procedures and environment. Section 2. The CITY shall furnish EMPLOYEES who are required to wear safety shoes or boots such shoes or boots as needed at a cost of up to one hundred and fifty dollars ($150.00) per year. Nothing in this section is intended to prevent or limit the department head at his discretion from replacing or repairing shoes or boots damaged or stolen during the course of employment. MEMORANDUM OF UNDERSTANDING - PAGE 9 ARTICLE VI - GRIEVANCE AND APPEALS PROCEDURE Section 1. In any instance of grievance, the EMPLOYEE shall first make an effort�To resolve such grievance with his immediate supervisor. In the event such efforts are not mutually satisfactory, the EMPLOYEE aggrieved shall within five (5) working days, reduce his complaint to writing. The complaint shall set forth all the facts necessary to understand the issues involved. It shall be submitted in writing to the EMPLOYEE'S immediate supervisor who shall transmit it to the' department head. Section 2. The department head shall investigate the facts and issues involved and record in writing within five (5) working days, stating the department's view on the issue involved, with a copy to 'the EMPLOYEE. Section 3. If the EMPLOYEE wishes to discuss the grievance further, he shall, within ten (10) working days of receipt of the department head's reply, appeal the department head's decision in accordance with Section Four (4). Section 4. Any EMPLOYEE in the classified service shall have the right to appeal to the Personnel Board regarding any situation in connection with his employment status, working conditions or any part of a promotional examination. Such appeal shall be made in writing within ten (10) working days from the date of discussion with the department head regarding the condition complained of. The appeal shall contain a written narrative by the EMPLOYEE of the condition complained of, giving dates of occurrences or conditions, as applicable. The department head shall prepare a written answer,to MEMORANDUM OF UNDERSTANDING - PAGE 10 0 0 the allegations and transmit it to the Personnel Board with a copy to the EMPLOYEE. Section 5. The Personnel Board shall set the matter for hearing and give the appellant and the department head at least five (5) business days notice in writing of the date and place of such hearing. The appellant shall attend, unless excused by the Personnel Board; and shall be entitled to: a. Be represented by counsel or other representative of his choice; b. Testify under oath or affirmation; C. Subpoena witnesses; d. Cross-examine all witnesses; e. Present such affidavits, exhibits and other evidence deemed C') pertinent to the hearing. Section 6. Unexcused absence of the appellant at such hearing shall be deemed a withdrawal of the petition and consent to the action or ruling from which the appeal was taken. Section 7. In any investigation or hearing conducted by the Personnel Board, the Board shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoena issued in the name of the CITY and attested by the CITY Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served and refusal of a person to attend or testify in answer to such subpoena shall subject said person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the CITY MEMORANDUM OF UNDERSTANDING - PAGE 11 0 11 Council. Each member of the Personnel Board shall have power to administer oaths to witnesses. The Personnel Board may exclude from any public or private hearing during the examination of a witness any or all other witnesses in the matter being investigated by the Personnel Board. Section 8. The burden of proof shall be on the department head in the case of hearing on discharges, reductions or suspensions. In all other types of hearings, the burden of proof shall be on the appellant. Section 9. Hearings shall be informal. The Personnel Board may receive and consider such oral, written and physical evidence as it deems pertinent, and may receive it in such order and manner as in the judgment of the Personnel Board is fair and equitable in each case. Parties to any matter before the Personnel Board may be represented by counsel, but the right of such representation shall not be construed to require observance of the formal rules of evidence, or other formality, in the conduct of a hearing; nor shall such formality in the proceedings invalidate any decision rendered by the Personnel Board. Section 10. Findings of the Personnel Board. a. Within ten (10) days after concluding the hearing, the Personnel Board shall certify its findings, in writing, to the City Council, that the accused was exonerated, reprimanded, fined, demoted, removed, dismissed, reduced in compensation or otherwise penalized. b. Should the Personnel Board find the accused was suspended, demoted, or removed without sufficient cause, said MEMORANDUM" OF -UNDERSTANDING - PAGE 12 r. 0 0 �,. Personnel Board shall order the accused reinstated forthwith to the position from which he was suspended, demoted, or removed and shall order paid to him the salary to which he would have been entitled had he not been suspended, demoted or removed. C. Except for bad faith or lack of evidence, such findings of the Personnel Board shall certify to the City Council shall be final. In such as event of bad faith or lack of evidence, the City Council shall be the final review board to which an EMPLOYEE may appeal. d. The findings of the Personnel Board shall be filed as permanent record by the Personnel Clerk, who shall deliver a certified copy to any EMPLOYEE, officer or other persons affected by such findings. e. Any member of the Personnel Board may submit a minority or supplemental report which shall be filed as a permanent record by the Personnel Clerk. Section 11. Any person who is accused jointly with one or more EMPLOYEES shall have the right to appear before the Personnel Board and request that his appeal be heard separately. Section 12. The Personnel Board may grant a continuance of any hearing for good cause. Section 13. In cases other than a discharge, reduction or suspension in excess of five (5) working days, a decision on the appeal may be made after a review of written materials submitted by all parties concerned at the discretion of the Personnel Board. MEMORANDUM OF UNDERSTANDING - PAGE 13 ARTICLE VIII - PROBATIONARY EMPLOYEES Section 1. All appointments in the classified service, including promotional appointments, shall be made on a probationary basis. All appointments, whether initial or promotional, shall be for a probationary period, evaluations of the progress and desirability of the appointee as a permanent EMPLOYEE shall be made. Section 2. Subject to Section Three (3), an EMPLOYEE may be discharged at any time during his probationary period without the right of appeal or hearing. Section 3. An EMPLOYEE serving a probationary period in a promotional position whose job performance is unsatisfactory shall be reinstated to the position from which he was promoted, unless charges are filed and he is discharged in a lawful manner. MEMORANDUM OF PAGE 14 r 0 0 CARTICLE IX - REINSTATEMENT Section 1. Upon recommendation of the department head and the CITY Administrator, EMPLOYEE, who resigned in good standing, may within one (1) year of the effective date of such resignation, be reinstated without an examination to a position in the same class in which he previously served, providing a vacancy exists. Reinstatement will be made to the step and salary range which was received by the EMPLOYEE at the time of resignation. Section 2. An EMPLOYEE reinstated after resignation in accordance with Section 1 shall be credited with his previous service for computation of vacation but shall not retain any sick leave accumulated prior to resignation. Section 3. An EMPLOYEE, so reinstated, shall serve a probationary period of six (6) months and be subject to termination upon unsatisfactory service during the probationary period. The EMPLOYEE shall not be eligible for vacation benefits until he achieves permanent status; at which time, he or she shall be eligible for benefits earned following reinstatement and credited with previous service for computation of vacation leave. MEMORANDUM OF -UNDERSTANDING,- PAGE 15 0 0 ARTICLE X - NO STRIKE - NO LOCKOUT Prohibited Conduct. Section 1. The UNION,- its officers, agents.- representatives and members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform services. Section 2. The CITY agrees that it shall not lock out its EMPLOYEES during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of EMPLOYEES of the CITY in the exercise of its rights to set forth in any of the provisions of this Agreement or applicable ordinance or law. Section 3. Any EMPLOYEE who participates in any conduct prohibited in Section One (1) of the above may be subject to termination by the City. Section 4. In addition to any other lawful remedies or disciplinary actions available to the City, if the UNION fails, in good faith, to perform all responsibilities listed below in Section One (1), "Union Responsibility", the CITY may suspend any and all rights, privileges, accorded to the UNION under this Memorandum of Understanding, including but not limited to suspension of recognition of the UNION, grievance procedure, right of access, check -off, the use of the City's bulletin boards and facilities. UNION Responsibility. Section 1. In the event that the UNION, its officers, agents, MEMORANDUM OF UNDERSTANDING - PAGE 16 representatives or members engage in any of the conduct prohibited in Section One (1) above, "Prohibited Conduct", the UNION or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful and they should immediately cease engaging in conduct prohibited in Section One (1) above, "Prohibited Conduct", and return to work. Section 2. If the UNION performs all of the responsibilities set forth in Section One (1) above, "Union Responsibility % its officers, agents and representatives shall not be liable for damages for prohibited conduct performed by EMPLOYEES who are covered by this Agreement in violation of Section One (1) above, "Prohibited Conduct". / MEMORANDUM OF.UNDERSTANDING - PAGE 17 0 0 ARTICLE XI - WORK WEEK Section 1. The regular work week for all EMPLOYEES covered by this Agreement shall be forty (40) hours for a seven (7) day period beginning at 12:01 A.M. each Sunday and consist of five (5) days a week and eight (8) hours per day. Daily hours of work or shifts for EMPLOYEES within departments shall be assigned by the department head, as required to meet the needs of the department. MEMORANDUM OF UNDERSTANDING - PAGE 18 0 0 CARTICLE XIII - OVERTIME (PREMIUM PAY OR COMPENSATORY TIME OFF) Section 1. All EMPLOYEES shall be entitled to premium pay or compensatory time off for all hours worked in excess of eight (B) hours in one work day or forty (40) hours within the EMPLOYEE'S regular work week. For the purposes of this Article holiday pay, sick leave, and other compensated time off shall count for the hours. Section 2. Compensatory time shall be accumulated at the appropriate rate for each hour of overtime worked. Only time actually worked shall count in the computation of premium pay or compensatory time off. Section 3. Rate of compensation. a. Except as provided elsewhere all overtime work shall be �- compensated at one and one half (1 1/2) times the number of hours worked. b. All work done between the hours of midnight (12:00 P.M.) and seven o'clock in the morning (7:00 A.M.) shall be compensated at two (2) times the usual rate of pay. c. In the event that an employee is summoned /t/�/q/J" ork before four o'clock in the morning (4:00 4M ) nod i� required to continue to work into his or her regular shift, he or she shall be compensated at two (2) times the normal rate of pay until either he or she has an eight hour rest period or the shift concludes. Section 4. Compensatory time shall be paid either in the form of pay at the EMPLOYEE'S regular hourly rate at the time the overtime was worked or equal time off and shall be decided at the time the overtime is worked. The method of payment of MEMORANDUM OF UNDERSTANDING PAGE 19 0 0 compensatory time, either in cash or equivalent time off, must be authorized -ted approved by the department head and the City Administrator. Section 5. Time and one half premium pay. Premium pay or compensatory time off for overtime shall be accumulated in no less than one-half (1/2) hour per day increments. When an EMPLOYEE works less than one-half (1/2) hour per day of overtime, the EMPLOYEE shall not receive compensatory time for overtime of less than one-half (1/2) hour per day work. Section 6. In order to be entitled to any compensation for overtime hours worked, such overtime work must have been authorized by the department head or the City Administrator. Section 7. Accumulated compensatory time not taken off in the calendar year in which it was earned, may be carried over to the next year up to a maximum of one hundred sixty (160) hours Section B. Usage of compensatory time previously earned shall be as follows: a. Accumulated compensatory time off may be taken by an EMPLOYEE upon reasonable notice and prior approval of the department head. b. An EMPLOYEE can accumulate no more than one hundred and sixty (160) hours of compensatory time. C. In approving compensatory time off, the department head will, as far as practicable, attempt to accommodate EMPLOYEE convenience to the degree possible in light of the operational requirements of the department. MEMORANDUM OF UNDERSTANDING PAGE 20 Section 9. Overtime Meal Policy. a. When an EMPLOYEE is required to work continuous, unplanned overtime beyond his or her regular shift, he or she shall be provided with a meal and time to eat the meal no more than two hours after the commencement of such work and no less frequently than every four hours actually worked thereafter or he or she shall receive a meal reimbursement of eight dollars for each such period. b. In the event that the work is of extended duration, no EMPLOYEE shall receive meal reimbursement of more than twenty five dollars ($25.00) in any twenty four (24) hour period. Section 10. Nothing herein is intended to limit or restrict the authority of the CITY tq require any EMPLOYEE to perform overtime work. OF UNDERSTANDING PAGE 21 0 0 ARTICLE XIV - CALLBACK (PREMIUM PAY AND COMPENSATORY TIME OFF) Section 1. If an EMPLOYEE is required to be called back to work - after completing his or her normal shift or after having left CITY premises or the EMPLOYEE'S work location, the EMPLOYEE shall be be compensated at the appropriate rate for each hour worked on callback with a minimum of two (2) hours callback compensation or equivalent time off at the appropriate rate, as described in the Article dealing with overtime pay rates, times the actual hours worked or a minimum of two hours, whichever is higher, regardless of whether the EMPLOYEE actually works less than two (2) hours. This provision shall be applicable to EMPLOYEES although the EMPLOYEE'S regular work week is not completed but shall not apply to EMPLOYEES who are C` continuing on duty for their normal work shift. In accordance with prior practice, the time starts when the callback call is received by the EMPLOYEE. Section 2. Callback Meal Policy. a. When an employee is summoned for unscheduled work outside Of his or her regular work hours, he or she shall be provided with a meal and the time to eat the meal no less frequently than every four hours or a meal reimbursement of eight dollars ($8.00) for each such four (4) hour period. b. In no event shall any employee receive a meal reimbursement of more than twenty five dollars ($25.00) in any twenty four (24) hour period. MEMORANDUM OF UNDERSTANDING - PAGE 22 0 0 C' ARTICLE XV - WORKING OUT OF CLASSIFICATION Section 1. The CITY may work EMPLOYEES out of classification for up to five (5) consecutive working days without compensation. Section 2. An EMPLOYEE who works more than five (5) consecutive working days out of classification shall receive not less than one pay range above the EMPLOYEE'S regular salary for work performed out of classification commencing the first day of working out of classification and for each consecutive day thereafter. Working in a higher classification must be approved by the department head in advance. Section 3. An EMPLOYEE shall not continue acting in a higher classification, while retaining his existing classification, for more than ninety (90) calendar days except on authorization C! of the City Council. O Section 4. During the five (5) consecutive working day eligiblity period before an EMPLOYEE is entitled to receive premium pay for working out of class, absence for any reason, except absence due to a regularly scheduled holiday or a regularly scheduled day off, shall break consecutiveness and cause an EMPLOYEE to be ineligible to receive premium pay. MEMORANDUM OF UNDERSTANDING PAGE 23 ARTICLE XVI - SALARY Section 1. Effective July 1, 1984, all EMPLOYEE salaries will be adjusted upward three and eight tenths percent (3.8$). Salary schedules are shown in exhibit "B". Section 2. Comprehensive Classification and Salary Survey. a. The CITY shall agree to conduct, by outside consultant selected by mutual agreement with UNION, a comprehensive classification and total compensation survey of cities selected by mutual agreement with the UNION resulting in a classification plan, salary scale and position allocation to the plan wherein all EMPLOYEES are compensated at no less than one hundred percent (100%) of the average of the surveyed Cities as of November 1, 1984. The final plan shall be as agreed upon mutually with the UNION and shall include no less than two thirds (2/3) of the survey's recommended positions and shall be implemented by January 1, 1985. b. In no event shall any EMPLOYEE'S salary or benefits be adjusted downward. C. In the event that the Initiative Amendment to Article XIII - A of the California Constitution (the Jarvis Initiative) is approved by the voters in November, 1984, the CITY and the UNION agree to meet and confer as to the implementation of the completed survey results. Such bargaining shall be limited to seeking an agreement as to whether to proceed with immediate implementation or spreading the adjustments over six (6), twelve (12) or eighteen (18) months beginning January 1, 1985. Such deliberations shall depend on the MEMORANDUM OF UNDERSTANDING PAGE 24 .', CITY'S financial condition, recognizing the positive role that the QTY and the UNION can play in maintaining the fiscal integrity and the long term positive employee relations benefits of mutual cooperation. 0 ARTICLE XVII - HOLIDAYS Section 1. EMPLOYEES covered by this agreement shall receive the following holidays paid at their regularly scheduled rate of pay: January 1.(New Year's Day) February 12 (Lincoln's Birthday) 3rd Monday in February (Washington's Birthday) Last Monday in May (Memorial Day) July 4 (Independence Day) First Monday in September (Labor Day) September (Admission Day) Second Monday in October (Columbus Day) November 11 (Veteran's Day) Thanksgiving Day �1 The Friday following Thanksgiving Day December 25 (Christmas Day) Section 2. When a holiday falls on a Saturday or Sunday, the following Monday shall be observed. Section 3. Applicable Overtime Rates. Should EMPLOYEES be required by their supervisor or department head to work on a holiday listed above, the EMPLOYEES shall receive regular pay plus the appropriate premium pay or compensatory time off for the hours worked on the holiday. Such EMPLOYEES shall receive no other compensation for working on the holiday. Section 4. The parties agree to an additional holiday designated as a floating holiday for EMPLOYEES to take at their convenience with the prior approval of the department head. OF UNDERSTANDING - PAGE 25 0 0 ARTICLE XVIII - VACATION Section 1. All EMPLOYEES who have one (1) year continuous service or more shall thereafter be entitled to a vacation of eleven (11) working days with pay each year. All EMPLOYEES who have six (6) or more years of continuous service shall be entitled to a vacation of fifteen (15) working days with pay each year plus one extra day for each year after five (5) years of continuous service, up to a maximum of twenty four (24) working days per year. Schedule of Vacation Leave Years of Service Vacation Leave 10 1 - 5 11 12 6 13 15 14 7 15 16 �. 8 17 ` 9 18 10 19 11 20 12 21 13 22 14 23 15 24 Section 2. Computation and Accrual of Vacation. a. EMPLOYEES shall accrue vacation leave with pay at the rate of seven and one-third (7-1/3) hours per month for each month of service or as per schedule above. A month of service is defined as one hundred seventy three (173) hours actually worked including holidays and lawfully paid leave. b. Accrued vacation time shall be credited to each EMPLOYEE'S account on January 1 of each year. An EMPLOYEE who has been in CITY employment for a period less than one (1) year MEMORANDUM OF UNDERSTANDING PAGE 26 L • EMPLOYEES will be granted either on or after.January 1, or six (6) months after the date of employment, whichever is the later date. The following January 1 the EMPLOYEE will be eligible for a regular vacation. C. In the event that the CITY'S new computer comes on line during the life of this agreement, the availability of vacation hours for use may be reported accrued as they are earned each pay period. It is not the intent of the parties to this agreement that such a change would have any impact on "carry over" limitations of Section 3 of this CArticle or any other part of this Article. Section 3. Vacation shall be taken at the convenience of the CITY with the approval of the department head. Where possible, such vacations should be taken annually and not accumulated from year to year. An EMPLOYEE may, however, accrue vacation time up to a maximum of one and one half (1-1/2) times the vacation credit earned in the previous calendar year. Section 4. EMPLOYEES who terminate their employment with the CITY after six (6) months of full time employment shall be paid for all accrued vacation, if any, and the prorated portion of their unused vacation. Section 5. An EMPLOYEE may not convert any accrued vacation into pay without the recommendation of the EMPLOYEE'S department head and the approval of the City Council. MEMORANDUM OF..UNDERSTANDING - PAGE 27 on January 1 shall receive accrued vacation time in the amount of his accrual rate times the number of months worked prig to January 1. Vacation leave for new EMPLOYEES will be granted either on or after.January 1, or six (6) months after the date of employment, whichever is the later date. The following January 1 the EMPLOYEE will be eligible for a regular vacation. C. In the event that the CITY'S new computer comes on line during the life of this agreement, the availability of vacation hours for use may be reported accrued as they are earned each pay period. It is not the intent of the parties to this agreement that such a change would have any impact on "carry over" limitations of Section 3 of this CArticle or any other part of this Article. Section 3. Vacation shall be taken at the convenience of the CITY with the approval of the department head. Where possible, such vacations should be taken annually and not accumulated from year to year. An EMPLOYEE may, however, accrue vacation time up to a maximum of one and one half (1-1/2) times the vacation credit earned in the previous calendar year. Section 4. EMPLOYEES who terminate their employment with the CITY after six (6) months of full time employment shall be paid for all accrued vacation, if any, and the prorated portion of their unused vacation. Section 5. An EMPLOYEE may not convert any accrued vacation into pay without the recommendation of the EMPLOYEE'S department head and the approval of the City Council. MEMORANDUM OF..UNDERSTANDING - PAGE 27 ARTICLE XIX - LEAVE OF ABSENCE Section 1. Leave of Absence Without Pay. a. After all a ilable leave benefits, including vacation, sick leave, compensatory time and any other leave benefits have been completely used, a regular EMPLOYEE, not under suspension, may make application for leave without pay. An EMPLOYEE requesting leave of absence without pay must do so in writing stating specifically his or her reason for the request, the date when it is desired to begin the leave and the probable date of return. b. If the department head and the City Administrator agree that such leave is merited and in the interests of the City, leave may be granted by the City Council for a period not to exceed one (1) year,following the date of expiration of all other leave benefits. No employment service credits or fringe benefits such as sick leave, vacation, health insurance, retirement or any other benefits shall accrue to any EMPLOYEE on leave of absence without pay.. C. At the end of such leave, if the EMPLOYEE desires additional leave, written application must be made to the CITY Administrator stating the reasons why the additional leave is required and why it would be in the best interests of.- the f_ the CITY to grant such leave of absence. If in the City Administrator's opinion, such additional leave is merited and would still preserve the best interests of the City, the City Council=may approve such extensions of the leave of absence for a period not to exceed an additional six (6) months. MEMORANDUM OF,UNDERSTANDING - - PAGE 28 0 0 ' d. If the EMPLOYEE does not return to work prior to or at the >'0 x end of such. leave of absence or extension of leave of ri absence, the CITY shall consider that the EMPLOYEE has terminated his employment with the CITY. accrue any vacation benefits, either in cash reimbursement or time off, and shall not be entitled to any compensation upon termination. e. Any EMPLOYEE who engages in outside employment during said leave of absence, without prior notification and approval of the EMPLOYEE'S department head and the City Administrator, shall be subject to immediate termination. Likewise, -any EMPLOYEE who falsifies the reason for the request for the leave of absence shall be immediately terminated. f. Any EMPLOYEE on leave of absence must give the CITY at least seven (7) days written notice of the EMPLOYEE'S intent to return to work. .... MEMORANDUM OF UNDERSTANDING - PAGE 29 �J ARTICLE XX - JURY DUTY Section 1. An EMPLOYEE required for jury duty shall immediately notify his supervisor or department head. Section 2. When required to serve on a jury, all EMPLOYEES shall have time off for a period of actual service required on the jury. EMPLOYEES shall receive the regular pay while serving on jury duty, provided all jury fees paid to the individual EMPLOYEE, less allowed automobile expenses, are deducted from his normal salary. OF UNDERSTANDING - PAGE 30 0 0 ARTICLE XXI - MILITARY LEAVE Section 1. Military leave with pay shall be granted in accordance with Section 3�t of the Military and Veterans Code. Section 2. An EMPLOYEE who has been in the CITY employment for a period of not less than one (1) year, upon being called for temporary military duty; shall receive full salary for a period not to exceed thirty (30) calendar days in a calendar year. Time spent in military service shall be considered CITY employment for computation of employment related benefits. OF -UNDERSTANDING - PAGE 31 ARTICLE XXII - SICK LEAVE Section 1. Sick leave shall not be construed as a right which an EMPLOYEE may use at his discretion, but shall be allowed only in case of necessity or actual sickness or disability. Section 2. Procedure. a. As soon as an EMPLOYEE is aware he will be unable to report for work at the assigned time due to illness or disability, he shall notify his immediate supervisor or department head. b. In order to receive pay for sick leave, the EMPLOYEE, upon returning to work, must immediately complete a Leave Request form indicating the nature of the illness or disability. The form must be signed by the EMPLOYEE, his immediate supervisor and department head and forwarded to �1 Finance for processing. C. An EMPLOYEE is required to notify his immediate supervisor or department head each day of his absence unless otherwise directed by his department head. d. A doctor's certificate shall automatically be required for sick leave requested because of illness of more than three (3) days duration. Section 3. Probationary Period. Sick leave may be taken during the probationary period but only in such amount as an EMPLOYEE would have earned if on permanent status. If the EMPLOYEE does not become permanent, all paid sick leave must be reimbursed to the CITY at the time of termination of employment or it shall be deducted from the EMPLOYEE'S final paycheck. In the event no sick leave is taken during the probationary period, a credit of six (6) days leave . MEMORANDUM OF -UNDERSTANDING - PAGE 32 or more, as accrued; will be credited to the EMPLOYEE when he �. attains permarygt status. Section 4. Reasons for Sick Leave. Sick leave shall be granted for the following reasons: a. Personal illness or physical incapacity resulting from causes beyond the EMPLOYEE'S control member of the EMPLOYEE'S immediate family (father; mother; sister or brother) or members of the EMPLOYEE'S household.(husband; wife and children) that require the EMPLOYEE'S personal care and attention. C. Enforced quarantine of the EMPLOYEE in accordance with the Health Department regulations. d. A death of a member of the EMPLOYEE'S immediate family (mother; father; brother; sister, husband; wife, child. - mother - in-law.' hild; mother-in-law; father-in-law; or relative living within the EMPLOYEE'S household) and limited to a maximum of five (5) days in each instance. In the event of the death of a relative beyond the named relations; accrued sick leave not to exceed three (3) days may be granted for cause by the department head; subject to the approval of and appealable to the City Administrator. e. Medical, dental and optical appointments. f. Personal business not to exceed a maximum of twenty-four (24) hours during any one (1) year. "Personal business" means those items of personal business that can only be taken care of during regular working hours of the EMPLOYEE. Personal business leave shall be approved or disapproved by the department head only in case of necessity. .._..MEMORANDUM OF UNDERSTANDING - PAGE 33 Section 5. Restrictions on Sick Leave. An EMPLOYEE shall not be granted sick leave for the following r reasons: a. Disability arising from any sickness or injury purposely self-inflicted, or caused by his or her own willful misconduct. b. Sickness or disability sustained while on leave of absence, other than regular vacation leave. C. Disability or illness arising from compensated employment other than with the City. Section 6. Accrual and Use. Sick leave with pay shall accrue to EMPLOYEES at the rate of one (1) working day for each calendar month of paid employment, with unlimited accumulation. Sick leave shall not be taken in units of less than one half (1/2) hour. Section 7. Payment for Accumulated Sick Leave. a. An EMPLOYEE shall be entitled to payment at his or her current rate of salary -upon death or retirement for fifty percent (50%) of accumulated sick leave, provided: (1) In case of retirement for disabilility arising out of and in the course of employment, the EMPLOYEE shall have been employed by the CITY for at least five (5) consecutive years of service. (2) In the case of voluntary retirement for any other cause, such EMPLOYEE shall have been employed by the CITY for at least ten (10) consecutive years of service. (3) In the case of death, the EMPLOYEE has attained MEMORANDUM OF UNDERSTANDING PAGE 34 �i permanent status. b. An EMPLOYEEypon terminating CITY employment for reasons other than death or retirement shall be entitled to payment at his current rate of salary for fifty percent (508) of accrued sick leave in excess of three hundred and twenty (320) hours, up to and including eight hundred (800) hours, not to exceed, in any case, a maximum of thirty (30) days pay. Section 8. Advance Sick Leave. a. Permanent EMPLOYEES may be allowed sick leave in advance of accrual up to a maximum of twelve (12) working days on approval of the department head and the City Administrator. b. Probationary EMPLOYEES serving in entry level positions may be allowed sick leave in advance of accrual up to a maximum i of six (6) working days on approval of the department head and City Administrator where the EMPLOYEES have completed at least thirty (30) calendar days of service with the City. If the EMPLOYEE does not become permanent, all paid sick leave must be reimbursed to the CITY or deducted from the EMPLOYEE'S final paycheck. Section 9. Sick Leave During Vacation. If an EMPLOYEE becomes ill or injured while on vacation, he or she may, by completing a Leave Request form, use accrued sick leave time in lieu of vacation time for the period of disability. Section 10., Industrial Leave. A regular EMPLOYEE who is temporarily or permanently incapacitated as a result of injury or illness determined to be 1. MEMORANDUM OF=UNDERSTANDING-- PAGE 35 C, 0 0 compensable under the Workers' Compensation Act shall be granted industrial leave under the following terms and conditions: a. An EMPLOYEE granted industrial leave shall continue to be compensated at his regular rate of pay in lieu of temporary disability payments. b. Should it be determined that an EMPLOYEE'S illness or injury did not arise in the course of the EMPLOYEE'S employment with the CITY or that the EMPLOYEE is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the EMPLOYEE'S accrued or, if insufficient, future sick leave shall be charged to reimburse the CITY for any payments made to the EMPLOYEE pursuant to (a) above. C. An industrial leave of up to ninety (90) calendar days shall be authorized for each injury or illness determined to be compensable under the Workers' Compensation Act. Paid leave may be continued subject to review by the City Council at the end of such ninety (90) calendar day period to a maximum of one (1) calendar year. Supporting medical documentation must accompany such requests for leave and be submitted thirty (30) days prior to expiration date. ci. Except as provided in (c) above; no EMPLOYEE shall have accrued sick leave deducted while on industrial leave. Vacation and sick leave shall accrue for an EMPLOYEE on industrial leave. e. Industrial leave shall expire when one of the following conditions occurs: MEMORANDUM OF UNDERSTANDING PAGE 36 0 0 (1) Employee is able to return to work to his regular position. (2) The day before the EMPLOYEE is retired or separated for disability. The EMPLOYEE'S "retirement date" shall be the first of the month after all of the following occur and are determined by the Public Employees' Retirement System: (a) The EMPLOYEE'S condition is determined to'be permanent or of an extended duration. (b) The degree of disability precludes continued employment by the EMPLOYEE in his present position. (3) After fifty-two (52) weeks of industrial disability payments. f. Physicians may be assigned in compliance with the Health and Safety Code and the Workers' Compensation Laws of the State of California (Ref.: Section 4600 - Labor Code.) MEMORANDUM OF UNDERSTANDING PAGE 37 V ARTICLE XXIII - FRINGE BENEFIT ADMINISTRATION Section 1. Administration. — The CITY resexeas the right to select the insurance carrier or administer any fringe benefit program that now exists or may exist in the future during the term of this Memorandum of Understanding. Section 2. Selection of Funding. In the administration of the fringe benefit program; the CITY shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this Memorandum of Understanding; provided that the benefits of the EMPLOYEES shall be no less than those in existence as of the implementation of this agreement. Section 3. Changes. If, during the term of this Memorandum of Understanding, any changes of insurance carrier or method of funding for any benefit provided hereunder occurs, the CITY shall notify the Union prior to any change of insurance carrier or method of funding the coverage. MEMORANDUM OF UNDERSTANDING - PAGE 38 C ARTICLE XXIV - LIFE INSURANCE Section 1. The CITY shall maintain in effect for the term of this — agreement its-ewisting life insurance plans covering EMPLOYEES covered by this agreement. The coverage provided by the CITY for the EMPLOYEE shall be equal to the annual salary of the EMPLOYEE. MEMORANDUM OF UNDERSTANDING - PAGE 39 C. ARTICLE XXV - HEALTH BENEFITS Section 1. Health Insurance. a. The CITY and the UNION agree that EMPLOYEES will be offered access to PERS Medical Plan. b. The CITY shall contribute for the term of this agreement to a cafeteria plan in an amount which is shown in Exhibit "C". c. Any contribution necessary to maintain health benefits coverage for dependents in excess of amount set forth in Exhibit "C" shall be borne solely by the EMPLOYEE. d. Sixteen dollars ($16.00) of the cafeteria plan money shall be solely for the use payment to PERS Medical Plan. Any EMPLOYEE who does not participate in the CITY'S PERS Medical Plan shall be forfeit that sixteen dollars ($16.00). Section 2. Long Term Disability Benefits. a. The CITY shall maintain in effect for the term of this agreement its existing long term disability plan covering EMPLOYEES set forth herein on the same basis as the plan was offered to the EMPLOYEES as of June 30, 1984. b. Long term disability benefits sliall not commence until sixty (60) calendar days of employment. MEMORANDUM -OF UNDERSTANDING PAGE 40 0 1 0 ARTICLE XXVI - EDUCATIONAL REIMBURSEMENT ' Section 1. The CITY will reimburse the EMPLOYEE for the costs of tuition and textbooks required for approved community college and college courses. An approved course is one designed to directly improve the knowledge of the EMPLOYEE relative to his specific job and must be approved in advance by the department head and the City Administrator prior to registration. Section 2. Educational reimbursement payments to the EMPLOYEE shall not exceed three hundred dollars ($300.00) in one fiscal year. Section 3. In order to qualify for educational reimbursement, the EMPLOYEE must have obtained at least a passing grade in the approved course and must be employed by the CITY when the course is completed. n OF UNDERSTANDING - PAGE 41 ARTICLE XXVIII - SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. It is the intent of the parties hereto that the provisions of'Wis Memorandum of Understanding shall supersede all prior Agreements and Memoranda of Agreement, Memoranda of Understanding or contrary 'salary and personnel resolutions or administrative code, provisions of the City, oral or written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is not intended to conflict with federal or state 1 aw. Section 2. Notwithstanding the provisions of section 1, there exists with in the CITY certain personnel rules and regulations C) and departmental rules and regulations_. To the extent that this Agreement does not specifically contradict these personnel rules and regulations or departmental rules and regulations or CITY ordinances, they shall continue, subject to being changed by the City, in accordance with the exercise of CITY rights under this Agreement and applicable state law. MEMORANDUM OF -UNDERSTANDING PAGE 42 0 0 ARTICLE XXIX - WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT Section 1. During the term of this Memorandum of Understanding, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours and terms and conditions of employment, whether or not covered by this Memorandum of Understanding or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Memorandum. 'Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum. 0 MEMORANDUM OF UNDERSTANDING PAGE 43 r ARTICLE XXX - SEPARABILITY Should any provisions of this Memorandum of Understanding be _found to be inoperative, void- or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. Should this language render invalid any provisions of this Agreement, then meet and confer sessions shall immediately commence in efforts to agree upon replacements for such invalidated provisions. C, MEMORANDUM OF UNDERSTANDING - PAGE 44 MEMORANDUM OF UNDERSTANDING - PAGE 45 ARTICLE XXXI - MAINTENANCE OF EXISTING BENEFITS ' F Section 1. 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. Section 2. 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 F f :r constitute additions to the total compensation received by ' affected EMPLOYEE. MEMORANDUM OF UNDERSTANDING - PAGE 45 j • • ARTICLE XXXIV - TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence 7-1-84, and shall continue in full force and effect until 6-30 X6. L35 6 MEMORANDUM OF UNDERSTANDING - PAGE 46 ARTICLE XXXIII - RATIFICATION AND EXECUTION The CITY and the UNION acknowledge that this Memorandum shall • not be in full force and effect until ratified by the UNION membership and adopted by the City Council of the City of Azusa. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the CITY and the UNION. FOR THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18, UNIT 50 BY DATE i BY j�jjlg{" DATE 1 .7110&1- J 10 . 2 BY DATE J FOR THE C )4 M M .• OF AZUSA OF UNDERSTANDING DATEI /O I DATE DATE PAGE 47 f CEJ SCHEDULE "A" - Classifications Represented by the I.B.E.W. Apprentice Line Mechanic Consumer Service Representative Consumer Service Representative I Consumer Service Representative II Consumer Service Representative III Equipment Mechanic Equipment Operator (Water Division) Line Mechanic Line Mechanic Helper Line Mechanic Supervisor Meter Reader Storekeeper Utility Yard Office Assistant Water Equipment Technician Water Maintenance Leadworker Water Supervisor . Water Utility Worker Welder Welder's Helper Working Line Mechanic Supervisor MEMORANDUM OF UNDERSTANDING PAGE 48 'MEMORANDUM -OF UNDERSTANDING PAGE 49 "B" SCHEDULE - Salary Schedule Apprentice Line Mechanic 134.5 1831/2181 Consumer Service Representative 128.8 1417/1696 Consumer Service Representative I 124.2 1150/1380 Consumer Service Representative II 125.3 1209/1450 Consumer Service Representative III 127.3 1325/1587 Equipment Mechanic 129.9 1491/1782 Equipment Operator (Water Division) 129.0 1431/1712 Line Mechanic 139.2 2248/2667 Line Mechanic Helper 130.3 1518/1814 Line Mechanic Supervisor 142.3 2570/3048 Meter Reader 127.3 1325/1587 Storekeeper 128.6 1405/1681 Utility Yard Office Assistant 130.9 1559/1864 Water Equipment Technician 129.9 1491/1782 Water Maintenance Leadworker 129.9 1491/1782 Water Supervisor 133.1 1719/2052 Water Utility Worker 126.6 1283/1538 Welder 130.4 1525/1822 Welder's Helper 126.7 1289/1545 Working Line Mechanic Supervisor 140.3 2357/2796 'MEMORANDUM -OF UNDERSTANDING PAGE 49 SCHEDULE "Cu - Cafeteria Contribution by Classification The City's contribution to the employees' cafeteria plans will -- remain unchanged, however sixteen dollars ($16.00) will be available only for medical insurance. The following classifications are receiving and will continue to receive $160.00 per month: Apprentice Line Mechanic Consumer Service Representative Consumer Service Representative I Consumer Service Representative II ConsumerServiceRepresentative III Line Mechanic Line Mechanic Helper Line Mechanic Supervisor Meter Reader Storekeeper Utility Yard Office Assistant Working Line Mechanic Supervisor The following classifications are receiving and will continue to.__ receive $280.00 per month: r Equipment Mechanic Equipment Operator (Water Division) Water Equipment Technician Water Maintenance Leadworker - Water Supervisor Water Utility Worker Welder' Welder's Helper MEMORANDUM OF UNDERSTANDING PAGF. sn