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HomeMy WebLinkAboutResolution No. 7769E ti . �V, , k%WriRiW__* RESOLUTION NO. 7769 C1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (I.B.E.W.) WHEREAS, the City Council, at its regular meeting of August 19, 1985, approved the Memorandum of Understanding between the City of Azusa and the International Brotherhood of Electrical Workers (I.B.E.W.), terms and conditions thereof to be effective July 1, 1985. 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 Inter- national Brotherhood of Electrical Workers (I.B.E.W.). ADOPTED AND APPROVED this 19th day of August, 1985. W .. 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 19th day of August, 1985, by the following vote of Council: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILME14BERS: NONE ITY 'CLERK C �J 0 MEMORANDUM OF UNDERSTANDING BPTWEEN THE CITY OF AZUSA AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18t BARGAINING UNIT 64 (EXHIBIT $'A") 0 0 TABLE OF CONTENTS ARTICLE SUBJECT PAGE I Recognition 1 II City Rights 2 III Employee Organization Rights and 4 Responsibilities IV Nondiscrimination 6 V Safety and Health 7 VI Grievance and Appeals Procedure 8 VII (Reserved) VIII Probationary Employees 11 IX Reinstatement 12 X No Lock-Out/No Strike 13 XI Work Week 14 XII (Reserved) XIII Overtime 15 XIV Stand By and Callback 17 XV Working Out of Class 18 XVI Salary 19 XVII Holidays 20 XVIII Vacation 21 XIX Leave of Absence 23 XX Jury Duty 24 XXI Military Leave 25 XXII Sick Leave and Bereavement Leave 26 XXIII Fringe Benefit Administration 31 XXIV Life Insurance 32 i 0 0 TABLE OF CONTgNTS (continued) ARTICLE SUBJECT PAGE XXV Health Benefits 33 XXVI Educational Reimbursement 34 XXVII (Reserved) XXVIII Sole and Entire Agreement 35 XXIX Waiver of Bargaining 36 XXX Separability 37 XXXI Maintenance of Pxisting Benefits 38 and Conditions XXXII Term of Agreement 39 XXXIII Ratification and Execution 40 ii 0 ARTICLE I - RECOGNITION Pursuant referred to International [(hereinafter representative EMPLOYEE(S)] Attachment "A". to the policy as the CITY), Brotherhood o referred to a for those Em working for E pf the City of Azusa (hereinafter the CITY has recognized the f Electrical Workers, Local 18, s the UNION) as the sole bargaining pJoyees (hereinafter referred to as the CITY who are enumerated in 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 of this Memorandum of Understandipg 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 pecessity 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. 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. i. To assign work to and schedule EMPLOYEES in accordance with requirement as determined by the CITY and to establish and change work schedules and assigments. j. To relieve EMPLOYEgS from duties for lack of work or similar nondisciplinary reasons. k. To establish and modify productivity and performance programs and standards. 1. To discharge, suspepd, demote or otherwise discipline EMPLOYEES for proper cause. M. To determine job plassifications and to reclassify EMPLOYEES. 2 0 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 policiss, procedures and standards for selection, training and promotion of EMPLOYEES. p. To establish EMPLOYgE performance standards including, but not limited to, quality and quantity standards and to require compliancp therewith. q. To maintain order and efficiency in its facilities and operations. r. To establish, propulgate and modify rules and regulations to maiptain 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 �n emergencies not contrary to this AGREEMENT. 3 0 ARTICLE III - EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES Section 1. Dues Deductions The CITY shall deduct for dues and UNION benefits on regular basis from the pay of all EMPLOYEES in the classifications and positions recognized to be represented by the UNION who voluntarily authorize spch 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, capses of action or lawsuits arising out of the deductions or transmittal of such funds to the UNION, except the inteptional failure of the CITY to transmit to the UNION mpnies 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 thereof. d. Reports of official UNION business, including UNION 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 regpest 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 witthold permission to post. 0 0 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 Constitituion of the State of California or United States of America. ARTICLE IV - NONDISCRIMINATION Section 1. The parties recogize and agree to protect the rights of all EMPLOYEES to 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. M 0 0 ARTICLE V - SAFETY AND HEALTH Section 1. The CITY and the EMPLOYEES of the CITY agree to comply with all applicable 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, boots or related clothing as needed at a cost of up to one hundred fifty dollars ($150.00) per year. Nothing in this section is intended to prevent or limit the department head at his or her discretion from replacing or repairing shoes or boots damaged or stolen during the course of employment. Section 3. The departmept head or his/her division chief shall determine what cpnstitutes inclement weather or unhealthful air quality with due regard to the nature of the work to be performed and the needs of the CITY. If the Southern California Air Quality Management District (SCAQMD) declares a Stage 3 alert, then all work in the field shall cease until such alert is cancelled. If the department head or his/her division chef declares that a condition of inclement weather or air quality exists, then all field EMPLOYEES shall return to the corporation yard for the duration of the assigned shift. The EMPLOYEES may be assigned light duty work which does not involve heavy and constant exposure to such weather or unhealthful air quality conditions. 7 0 ARTICLE VI - GRIEVANCE AND APPALS 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 EMPLOYEp 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 Phe 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 discpssion 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 datcs of occurrences or conditions, as applicable. The department Oead shall prepare a written answer to the allegations and transmit it to the Personnel Board with a copy to the EMPLOYPE. 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 hearipg. 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 op affirmation; C. Subpoena witnesses; d. Cross-examine all witnesses; L 0 e. Present such affidavits, exhibits and other evidence deemed pertinent to the hearing. Section 6. Unexcused absenpe 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 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 ip 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 pe 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 cpnduct 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 Personpel Board find the accused was suspended, demoted, or removed without sufficient cause, said Personpel Board shall order the accused reinstated forthwith to the position from which he was 0 0 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 Poard shall certify to the CITY Council shall be final. In such an event of bad faith or lack of evidencp, the City Council shall be the final review board tp 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. 10 0 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 whosg job performance is unsatisfactory shall be reinstated to the position from which he was promoted, unless charges pre filed and he is discharged in a lawful manner. 11 0 0 ARTICLE I% - REINSTATEMENT Section 1. Upon recommendation of the department head and the City Administrator, an 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 compptation of vacation, but shall not retain any sick leave accpmulated 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 Jie 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 vacatipn leave. 12 0 ARTICLE S - 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, terminatin, 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 tp 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, 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 ih violation of this Memorandum of Understanding and unlawful and they should immediately cease engaging in conduct prohibited in Section One (1) above, "UNION Responsibility", its officers, agents and representatives shall pot 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". 13 0 0 ARTICLE XI - WORK WEER 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. 14 0 9 ARTICLE XIII - OVERTIME Section 1. All EMPLOYEES shall be entitled to premium pay or compensatory time off for all hours worked in excess of eight (8) 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 A.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 to work before four o'clock in the morning (4:00 A.M.) and is 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 peripd. 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 �s worked. The method of payment of compensatory time, either in cash or equivalent time off, must be authorized and approved by the department head and the City Administrator. Section 5. Time and one half premium pay Premium pay or compepsatory 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. 15 0 • 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 S. 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. Section 9. Overtime Meal Policy a. When an EMPLOYEE �s required to work continuous, unplanned overtime boyond his or her regular shift, he or she shall be provided with a meal and time to eat the meal no more thap two hours after the commencement of such work and no less frequently than every four hours actually worjced thereafter or he or she shall receive a meal reimbursement of eight dollars for each such period. b. In the event that tho 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 to require any EMPLOYEE to perform overtime work. 16 0 0 ARTICLE XIV - STAND BY AND CALLBACK Section 1. The CITY agrees to pay time and one-half (1 1/2) for stand by time with a minimum of two (2) hours, which will result in three (3) hours of regular pay. Section 2. If an EMPLOYEp 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 compensated at the appropriate rate for each hour worked on callback with a minimum of two (2) hours callback compensation 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 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 3. Callback Meal Policy a. When an EMPLOYEE ¢s 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 ($25.00) in any twenty-four (a4) hour period. 17 0 • ARTICLE XV - WORKING OUT OF CLASSIFICATION Section 1. The CITY may work EMPLOYEES out of classification for up to five (5) ponsecutive working days without compensation. Section 2. An EMPLOYEE Who works more than five (5) consecutive working days put of classification shall receive not less than one pay r4nge above the EMPLOYEE'S regular salary for work performed out of classification commencing the first day of working out of classification and for each consecutive day thereafter. Working in a higher classification must be approved by the department head in advance. Section 3. An EMPLOYEE shall not continue acting in a higher classfication, while retaining his existing classification, for more than ninety (90) calendar days except on authorization of the City Council. Sectin 4. During the five (5) consecutive working day eligibility period before an EMPLOYEE is entitled to receive premium pay for working out of class, absence for any reason, except absence due to a regularly scheduled holiday or a regularly scheduled day off, shall break consecutiveness and cause an EMPLOYEE to be ineligible to receive premium pay. 18 0 ARTICLE XVI - SALARY 0 Effective July 1, 1985, all employee salaries will be adjusted upward five percent (5%) as enumerated in Exhibit "B". It is expressly understood that this salary increase shall not be applicable to any person who tas separated from employment with the CITY on or before August 1$, 1985. The classification of Apprentice Line Mechanic shall be assignd a salary range which �s fifteen percent (15%) less than that of the classification of Line Mechanic. The salary relationship between the classification of Apprentice Line Mechanic and Line Mechanic Helper shall be maintained as it existed on June 30, 1985. These salary range assigments are enumerated in Exhibit "B". 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 )tear's Day) February 12 (Lipcoln'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) Second Monday inn October (Columbus Day) November 11 (Veteran's Day) Thanksgiving Day 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 holday 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 4gree to an additional holiday designated as a floating holiday for EMPLOYEES to take at their convenience with toe prior approval of the department head. 20 0 0 ARTICLE XVIII - VACATION Section 1. All EMPLOYEES shall accrue vacation leave as follows: Through the 4th year of employment 11/days/year Through the 5th year of employment 15/days/year Through the 6th year of employment 16/days/year Through the 7th year of employment 17/days/year Through the 8th year of employment 18/days/year Through the 9th year of employment 19/days/year Through the 10th year of employment 20/days/year Through the 11th year of employment 21/days/year Through the 12th year of employment 22/days/year Through the 13th year of employment 23/days/year Through the 14th year of employment 24/days/year Through the 15th year of employment 25/days/year Through the 16th year of employment 26/days/year 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 ¢s 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 on January 1 shall receive accrued vacation time in the amount of his accrual rate times the number of months worked prior 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 will 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 Article or any other part of this Article. Section 3. Vacation shall pe taken at the convenience of the CITY with the approval of the department head. where possible, such vacationp should be taken annually and not accumulated from year to year. An EMPLOYEE may, however, accrue vacation time up to a maximum of two (2) times the vacation credit earned in the previous calendar year. 21 0 0 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. 22 0 0 ARTICLE XIX - LEAVE OF ABSENCE Section 1. Leave of Absence Without Pay a. After all available leave benefits, including vacation, sick leave, compensatory time and any other leave benefits have been cpmpletely 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 fpr the request, the date when it is desired to begin the leave and the probable date of return. b. If the department held 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 otlier 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, pwritten 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 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 pf 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. d. If the EMPLOYEE does not return to work prior to or at the end of such leave of absence or extension of leave of 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. 23 F ARTICLE %% - JURY DUTY Section 1. An EMPLOYEE required immediately notify his supervisor L for jury duty shall or department head. Section 2. When required to serve on a jury, all EMPLOYEES shall have time off for g period of actual service required on the jury. EMPLOYEES phall 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. 24 0 0 ARTICLE XXI - MILITARY LEAVE Section 1. Military leave with pay shall be granted in accordance with Section 395 of the Military and Veterans Code. Section 2. An EMPLOYEE w1io has been in the CITY employment for a period of not lesp than one (1) year, upon being called for temporary military duty, shall receive full salary for a period not tp exceed thirty (30) calendar days in a calendar year. Time spent in military service shall be considered CITY emploympnt for computation of employment related benefits. 25 • ARTICLE XXII - SICR LEAVE AND 13EREAVEMENT LEAVE Section 1. Sick leave shall not be construed as a right which an employee may use at his or her discretion, but shall be allowed only in case of necessity or actual sickness or disability. Beginning on the first payday on or after January 1, 1986, a yearly evaluatiop period for use of sick leave will be established. At the pnd of the time period, the Finance Department will analyze and report to the various EMPLOYEES the amount of sick leave darned, less the amount used, and the net accrued during the calendar year. If the EMPLOYEE has used more than three, but not more than six days of sick leave, including time spent on personal business or bereavement, he or she would have the following options: (a) Carry over the accrual and add it to his or her sick leave balance. (b) Convert one-fourth of the accrual to vacation or convert one-fourth to cash (but no combination of these two); unused, unconverted leave would then be added to the EMPLOYEE'S sick leave balance. If the EMPLOYEE has used no more than three days of sick leave, including time spent on personal business or bereavement, he or she would have the following options: (a) Carry over the accrual and add it to his or her sick leave balance. (b) Convert one-third of the accrual to vacation or convert one-third of it to cash (but no combination of these two); unused or unconverted leave would then be added to the EMPLOYEE'S sick leave balance. Any EMPLOYEE who began his or her employment with the CITY on or before December 31, 1985, would be permitted to be "grandpersoned" in under the sick leave policy heretofore in effect, which is as follows: The EMPLOYEE may copvert fifty percent (50%) of his or her accrued sick leave balance to cash upon death (if he or she as attained permanent status); disability retirement (if he or she has been employed by the CITY a minimum of five (5) years); or voluntary retirement (if he or she has been employed by the CITY a mipimum of ten (10) years). The EMPLOYEE may copvert fifty percent (50%) of his or her accrued sick leave balance to cash/for hours in excess of three hundred twenty (320) hours to a maximum payment of 4 0 0 two hundred forty (240) hours. Section 1. Procedure a. As soon as an EMPLOYEE is aware he will be unable to report for work at toe 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 wprk, must immediately complete a Leave Request form ipdicating the nature of the illness or disability. The form must be signed by the EMPLOYEE, his immediate supervisor and department head and forwarded to Fin4nce for processing. C. An EMPLOYEE is rpquired to notify his immediate supervisor or department head each day of his absence unless otherwise dirgcted 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 termipation of employment or it shall be deducted from the EMPLOYEg'S final paycheck. In the event no sick leave is taken {luring the probationary period, a credit of six (6) days leave or more, as accrued, will be credited to the EMPLOYEE When he attains permanent 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. b. Enforced quarantine of the EMPLOYEE in accordance with the Health Department regulations. C. Medical, dental and optical appointments. d. Personal business pot to exceed a maximum of twenty- four (24) hours during any one (1) year. "Personal business" means those items of personal business that 27 0 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. Section 5. Restrictions on Sick Leave An EMPLOYEE shall pot be granted sick leave for the following reasons: a. Disability arising from any sickness or injury purposely self-inflipted, or caused by his or her own willful misconduct. b. Sickness or disabililty sustained while on leave of absence, other than regular vacation leave. C. Disability or illness arising from compensated employment other thap 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 Accpmulated 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 (508) of accumulated sick leave, provided: (1) In case of retirement for disability arising out of and in the cpurse of employment, the EMPLOYEE shall have beep 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 permanent status. b. An EMPLOYEE upon 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) date pay. 28 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 of six (6) working days on approval of the department head apd City Administrator where the EMPLOYEES have complpted at least thirty (30) calendar days of service with the CITY. If the EMPLOYEE does not become permanept, all paid sick leave must be reimbursed to the CXTY or deducted from the EMPLOYEE'S final paycheck. Section 9. Sick Leave Duripg Vacation If an EMPLOYEE begomes ill or injured while on vacation, he or she may, Py completing a Leave Request form, use accrued sick leave time in lieu of vacation time for the period of disability. Section 10. Industrial Leavp A regular EMPLOYEE who is temporarily or permanently incapacitated as a result of injury or illness determined to be compensable under the Workers' Compensation Act shall be granted industrial leavp 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 and EMPLOYEE'S illness or injury did not arisp 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. 29 0 0 d. Except as provided ip (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: (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 EMPLOYPE'S condition is determined to be permanent pr 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 disabil- ity payments. f. Physicians may be assigned in compliance with the Health and Safety Pods and the Workers' Compensation Laws of the State of California (Ref.: Section 4600 - Labor Code.) Section 6. An EMPLOYEE may be permitted to take up to three (3) days of bereavement leave in the event of the death of a member of his or her immediate family. "Immediate family" member is herewith defined as a mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, or relative living within the employee's household. Persons in loco parentis may also be considered under certain circumstances. Such leave shall not be charged against the employee's sick leave or vacation. In addition to bereavement leave, an employee may request up to two (2) days of sick leave in the event of the death of an immediate family member. Such leave shall be charged against the employee's accrued sick leave balance and shall be considered in calculating his or her ability to convert the balance. 30 0 LJ ARTICLE XXIII - FRINGE BENEFIT ADMINISTRATION Section 1. Administration The CITY reserves 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 changep 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. 31 ARTICLE XXIV - LIFE INSURANCE Section 1. The CITY shall maintain in effect for the term of this agreement its existing 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. 32 0 9 ARTICLE XXV - BENEFITS Section 1. Cafeteria Benefit Plan The CITY will maintain the Cafeteria Benefit Plan at two hundred eighty dollars ($280.00) per month for each EMPLOYEE. This plan may be used by the EMPLOYEE to pay, to the extent available, for individual or dependent health coverage, dental plan, life insurance, deferred compensation, or other available group insurance, or any combination of these items. The EMPLOYEE understands that in the event the total premiums of various insurances selected by him or her exceeds the amount of the CITY'S contribution of two hundred eighty dollars ($280.00) per month, the excess shall be deducted from their gross wages. 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, 1985. b. Long term disability benefits shall not commence until sixty (60) calendar days of employment. Section 3. Survivor Benefit The CITY will pay from and including June 30, 1985, the actual cost of the 1959 Survivor Benefit which is currently twenty-four dollars ($24) per year for each EMPLOYEE. 33 0 0 ARTICLE XXVI - EDUCATIONAL 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 or her specific job. Section 2. In order to qualify for educational reimbursement, the EMPLOYEE must have obtained at least a passing grade of "C" or its equivalent in the approved course and must be em- ployed by the CITY when the course is completed. Section 4. The CITY shall make available to each employee an amount not to exceed one thousand dollars ($1,000.00) per year for Tuition Reimbursement. A Scholarship Committee shall be established by the CITY to oversee this program and to decide whether or not certain course(s) are job-related for an individual employee. Any claim for Tuition Reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(B) for the preceeding semester or quarter. For the purposes of admipistration, the annual amount of available Tuition Reimbupsement is based on the fiscal year beginning July 1st and the course(s) is deemed to fall in the fiscal year in which the date of the final examination is scheduled. 34 0 0 ARTICLE B%VIII - SOLE AND ENTIRE MEMORANDUM OF Section 1. It is the intent of the parties hereto that the provisions of this 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 law. Section 2. Notwithstanding the provisions of section 1, there exists with in the CITY certain personnel rules and regulations and departmental rules and regulations. To the extent that this Agreement does not specifically contradict these personnel rules and regulations or departmental rules and regulatins 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. 35 E 0 ARTICLE XXIX - WAIVER OF BARGAINING DURING TERM OF THIS 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 4nd confer about any matter during the term of this Memorandpm. 36 0 0 ARTICLE XXX - SEPARABILITY Should any provisions of Jhis Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other prpvisions of this Memorandum of Understanding shall remain ¢n full force and effect for the furation 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. 37 0 0 ARTICLE XXXI - MAINTENANCE OF EXISTING BENEFITS 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 entre 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 compensatipn consists of terms and conditions of employment other than J.hose 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 ¢n this Memorandum of Understanding constitute additions to the total compensation received by affected EMPLOYEE. 38 0 0 ARTICLE XXXIV - TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence July 1, 1985 and shall continue in full force and effect until June 30, 1986. 39 0 ARTICLE XXXIII - RATIFICATION -AND EXECUTION The CITY shall not be i membership and Subject to th hereby executed the UNION. 0 and the UNION acknowledge that n full force and effect until ra adopted by the City Council of t e foregoing, this memorandum of by the authorized representativ this Memorandum tified by the UNIN he City of Azusa. Understanding is es of the CITY and FOR THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18, UNIT 64 BY l nGl/{ DATE B DATE FOR THE/gITY OF AZUSA i 40 DATE DATE � DATE DATE 0 0 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS CLASSIFICATION RANGE SCHEDULE JULY 1, 1985 (EXHIBIT ngn) CLASSIFICATION Apprentice Line Mechanic Customer Service Representative I Customer Service Representative II Customer Service Representative III Electrical Test Technician Equipment Mechanic Field Service Representative Line Maintenance Crew Supervisor Line Mechanic Line Mechanic Helper Line Mechanic Supervisor Meter Reader Storekeeper Utility Yard Office Assistant Water Equipment Operator Water Utilities Worker I Water Utilities Worker II Water Utility Crew Supervisor Water Utility Supervisor Welder 41 RANGE MONTHLY NO. 1ST & 5TH STEPS 204 2282.34 - 2774.20 154 1387.75 - 1686.82 164 1532.94 - 1863.30 174 1693.32 - 2058.24 213 2496.16 - 3034.10 174 1693.32 - 2058.24 184 1870.48 - 2273.58 228 2897.96 - 3522.49 218 2623.49 - 3188.87 188 1946.43 - 2365.89 243 3364.44 - 4089.50 179 1779.70 - 2163.23 160 1473.13 - 1790.60 170 1627.25 - 1977.93 176 1727.36 - 2099.61 152 1360.41 - 1653.59 162 1502.74 - 1826.59 186 1908.08 - 2319.28 200 2193.28 - 2665.95 181 1815.47 - 2206.71 0 LETTER OF AGREEMENT BETWEEN CITY OF AZUSA AND AZUSA CITY EMPLOYEES ASSOCIATION AZUSA POLICE RELIEF ASSOCIATION INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS February 18, 1986 The City of Azusa hereby agrees with the Azusa City Employees Association (ACEA), Azusa Police Relief Association (APRA), and the International Brotherhood of Electrical Workers (IBEW) to interpret the current Memoranda of Understanding to mean that the vacation accrual schedule enumerated in said documents shall be applicable for calendar year 1985. For the City: For the ACEA: For y,the % APP�RAAJ: For the IBEW: 7