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HomeMy WebLinkAboutResolution No. 8268• RESOLUTION NO. 8268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE MEMORANDUM OF • UNDERSTANDING BETWEEN THE CITY AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS EFFECTIVE JUNE 28, 1987 THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: Whereas, the City Council, at their adjourned regular meeting of June 29, 1987, approved the Memorandum of Understanding between the City of Azusa and the International Brotherhood of Electrical Workers, terms and conditions to be effective June 28, 1987: Now, therefore, be it resolved by the City Council of the City of Azusa that the Memorandum of Understanding attached hereto is hereby adopted by resolution. ADOPTED AND APPROVED this 29th day of June, 1987. MAYOR • I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at an adjourned regular meeting thereof held on the 29th day of June, 1987. AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 0�; - • i� 0 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 18, BARGAINING UNIT 64 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 18 XV Working Out of Class 19 XVI Salary 20 XVII Holidays 21 XVIII Vacation 22 XIX Leave of Absence 24 XX Jury Duty 25 XXI Military Leave 26 XXII Sick Leave and Bereavement Leave 27 XXIII Fringe Benefit Administration 32 XXIV Life Insurance 33 i 0 TABLE OF CONTENTS (continued) ARTICLE SUBJECT PAGE XXV Health Benefits 34 XXVI Educational Reimbursement 35 XXVII Uniform Allowance 36 XXVIII Sole and Entire Agreement 37 XXIX Waiver of Bargaining 38 XXX Separability 39 XXXI Maintenance of Existing Benefits 40 and Conditions XXXII Term of Agreement 41 XXXIII Ratification and Execution 42 ii 0 0 ARTICLE I - RECOGNITION Pursuant to the policy of the City of Azusa (hereinafter referred to as the CITY), 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. 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 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. 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 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. 2 0 0 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, 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. 3 0 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 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. Idemnification 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 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 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. 4 0 0 Section 5. Except as limited by specific and express terms c Memorandum of Understanding, the UNION hereby retains reserves unto itself all rights, powers and authority, on and vested in it by the laws and Constitution of State of California or United States of America. 5 f this and confirmed the 0 ARTICLE IV - NONDISCRIMINATION Section 1. The parties recognize 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. 2 0 Section 1. ARTICLE V - SAFETY AND HEALTH 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 department head or his/her division chief shall determine what constitutes 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 chief 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 1J 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 super- visor. 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 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; 8 Cl C, b. Testify under oath or affirmation; C. Subpoena witnesses; d. Cross-examine all witnesses; e. Present such affidavits, exhibits and other evidence deemed 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 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. 0 0 0 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 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 an 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. 10 E 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 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. 11 0 0 ARTICLE IX - 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 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. 12 • 11 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, 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, "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". 13 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. 14 0 0 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 mid- night) and five o'clock in the morning (5 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 a.m.) and is required to continue to work, he or she shall be compensated at two (2) times the normal rate of pay until either he or she has a six hour rest period. d. All hours worked in excess of twelve (12) consecutive hours shall be compensated at two (2) times the normal rate until the employee has a six (6) -hour break. 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 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 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. 15 0 Section 6. In order to be hours worked, such department head or Section 7. 0 entitled to any compensation for overtime overtime work must have been authorized by the the City Administrator. 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 8. 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 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. When an EMPLOYEE is required to perform scheduled or 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 (4) hours or a meal reimbursement of eight dollars ($8) for each such four (4) hour period C. In the event that an employee is summoned to work before five o'clock in the morning (5 a.m.) and is required to continue to work into his or her regular shift on the same task that he or she was summoned for shall be provided with a meal and time to eat the meal no less frequently than every four (4) hours or a meal reimbursement of eight dollars ($8) for each such four (4) hour period. 16 • d. When an employee is hours prior to his be provided a meal meal reimbursement Section 10. r] required to report to work two (2) or her normal shift, he or she shall and the time to eat the meal, or a of not more than eight dollars ($8). Nothing herein is intended to limit or restrict the authority of the CITY to require any EMPLOYEE to perform overtime work. 17 9 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 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 compensated at the appropriate rate for each hour worked on callback with a minimum of two (2) hours callback compensation at the appropriate rate, 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. Appropriate Rate of Pay for Callback a. The rate of pay for the first callback during a twenty- four (24) hour period as defined in Section c. shall be one and one-half (1 1/2) times the normal rate of pay, except between 12 midnight and 5 a.m., the first call shall be compensated at double-time (2) rate. b. All other callbacks during the same twenty-four (24) hour period as defined in Section c shall be compensated at the double-time (2) rate. C. The time period to be used to compute whether a callback is the first callback shall be from 4 p.m. to 4 p.m. the next day beginning at 4 p.m., Friday, when the regular standby duty begins. 18 0 0 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 classfication, while retaining his existing classification, for more than ninety (90) calendar days except on authorization of the City Council. Section 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. Section 5 The lead Meter Reader, who is either having the most senior status among Meter Readers or being chosen to be the lead Meter Reader by the Meter Readers, shall receive a premium pay equal to two and one-half percent (2.5%) of his or her regular rate of pay. This premium shall be paid bi-weekly. The purpose of this premium pay is to compensate the lead Meter Reader for performing Field Service Representative duties on occasion as the need arises. 19 0 0 ARTICLE XVI - SALARY AND COMPENSATION Section 1. Effective June 28, 1987, all employees represented by the Union shall have their salary adjusted as enumerated in Exhibit "B" of this document. Section 2. The classification of Apprentice Line Mechanic shall be assigned a salary range which is 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 27, 1987. These salary range assignments are enumerated in Exhibit "A" of this document. Section 3. The classifications of Customer Service Representative I, Customer Service Representative II, and Customer Service III shall be incorporated into a "flexible" staffing pattern whereby an employee may be considered for promotion upon completion of an examination process on the consent of the appropriate management employee. It is intended that all allocated positions in this classification series be assigned the classification of Customer Service Representative III although not all employees will be so classified without the completion of the aforementioned process and management authorization. 20 0 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) Second Monday in 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 depart- ment head to work on a holiday listed above, the EMPLOYEES shall receive regular pay plus the appropriate premium pay or compensa- tory 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. Section 5. On an ongoing basis, the UNION agrees to one additional "floating" holiday in lieu of Martin Luther King Jr. Day. All "floating" holidays shall be requested in advance from the appropriate department head or division chief. Enough employees shall remain at work during "floating" holidays so that the City's business may be conducted. "Floating" holidays shall accrue on July 1 and must be taken by the following June 30 or the hours will be forfeited. 21 0 9 ARTICLE XVIII - VACATION Section 1. All EMPLOYEES shall accrue vacation leave as follows: Through the 4th year of Through the 5th year of Through the 6th year of Through the 7th year of Through the 8th year of Through the 9th year of Through the 10th year of Through the 11th year of Through the 12th year of Through the 13th year of Through the 14th year of Through the 15th year of Through the 16th year of employment employment employment employment employment employment employment employment employment employment employment employment employment Section 2. Computation and Accrual of Vacation 11/days/year 15/days/year 16/days/year 17/days/year 18/days/year 19/days/year 20/days/year 21/days/year 22/days/year 23/days/year 24/days/year 25/days/year 26/days/year 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 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. 22 11 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 two (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 without the recommendation of the the approval of the City Council. 23 any accrued vacation into pay EMPLOYEE'S department head and • Cl 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 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 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. 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 absencethe 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. 24 0 0 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. 25 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 who has been in the CITY employment of not less than one (1) year, upon being called for military duty, shall receive full salary for a period exceed thirty (30) calendar days in a calendar year. in military service shall be considered CITY employme computation of employment related benefits. for a period temporary not to Time spent nt for 0 0 ARTICLE XXII - SICK LEAVE AND BEREAVEMENT 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 evaluation period for use of sick leave will be established. At the end of the time period, the Finance Department will analyze and report to the various EMPLOYEES the amount of sick leave earned, 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 bereave- ment, 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 convert 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 minimum of ten (10) years). The EMPLOYEE may convert 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 two hundred forty (240) hours. 27 0 0 Section 1. 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 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 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 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 28 of the EMPLOYEE. Personal approved or disapproved by case of necessity. Section 5. Restrictions on Sick Leave 0 business leave shall be the department head only in An EMPLOYEE shall not be granted sick leave for the following reasons: a. Disability arising from any sickness or injury purposely self-inflicted, 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 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. Pavment 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 disability 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 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 (50%) 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. O 0 0 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 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 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 and 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. 30 d. 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: (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 disabil- ity 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.) 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. 31 0 0 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 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. Section 4. Deferred Compensation The City acknowledges that employees would like to be involved in the decision-making process in regard to changes in the deferred compensation benefit program. This would include the designation of the institution which will be responsible for the administration of the program, as well as the rate(s) of return on the various forms of deferred compensation investment vehicles. It is expressly understood that the allocation of an individual employee's deferred compensation to (a) specific investment(s) shall remain the perrogative of that employee. 32 0 0 ARTICLE XXIV - LIFE INSURANCE Section 1. The City shall maintain in effect for the term o agreement a life insurance plan(s) covering employees by this agreement. The coverage provided by the City employee shall be equal to fourteen (14) months of the monthly base salary. 33 f this covered for the employee's 0 ARTICLE XXV - BENEFITS Section 1. Cafeteria Benefit Plan The CITY will maintain the Cafeteria Benefit Plan at three hundred twelve dollars ($312) 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 three hundred twelve dollars ($312) per month, the excess shall be deducted from their gross wages. It is agreed that the City will not be responsible for payment of any insurance premium(s) on behalf of an employee represented by the Union following the month of termination. If an employee represented by the Association wishes to continue his or her benefits, advance payment for such premium(s) will be deducted from this plan for the employee, or if he or she is not eligible for this plan, then the deduction shall be made from the employee's final paycheck. Section 2. Lona 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, 1987. b. Long term disability benefits shall not commence until thirty (30) calendar days of employment. Section 3. Survivor Benefit The CITY will pay from and including June 30, 1987, the actual cost of the 1959 Survivor Benefit. Section 4. Public Employees' Retirement System The City agrees to request an acturial study from the Public Employees' Retirement System by no later than December 1, 1987, for the purpose of determining the cost of modifying the "miscellaneous" retirement plan to the "single highest year." The Union agrees to reimburse the City the cost of this study up to the maximum of one hundred fifty dollars ($150). It is expressly understood by the City and Union that this study will be made for informational purposes only and in no way obligates the City to implement such a modification during the term of this agreement. 34 0 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 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 employed 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(s) for the preceeding semester or quarter. For the purposes of administration, the annual amount of available Tuition Reimbursement 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. 35 0 0 ARTICLE XXVII - UNIFORM STANDARDS Section 1. The following standards shall apply to employees as determined by the appropriate management persons: a. An employee may be permitted to wear denim ("Levi") pants if he or she returns the standard issue pants to the department. Thepresentability of such clothing will be determined by management. b. During the summer months and/or extremely warm weather, the field crew employees may wear T-shirts (but not tank tops) while working underground or on the ground. The color of the T-shirt shall be a solid pattern without logos of any type. The presentability of such clothing will be determined by management. C. Shirts will be standard issue uniforms with the appropriate City logo and employee's name. The fabric of these shirts may be cotton. d. Meter Readers may wear shorts and stockings similar in design to those worn by the U.S. Postal Service employees. The color shall be a solid pattern. The presentability of such clothing will be determined by management. 0 0 ARTICLE XXVIII - SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING 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. 37 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. 38 0 0 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 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. �9 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 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 constitute additions to the total compensation received by affected EMPLOYEE. 40 0 0 ARTICLE XXXIV - TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding (MOU) shall commence June 28, 1987, and shall continue in full force and effect until June 30, 1988. 41 r INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS CLASSIFICATION RANGE SCHEDULE JUNE 28, 1987 (Exhibit "A") MONTHLY CLASSIFICATION RANGE 1ST & 5TH STEP Apprentice Line Mechanic 204 $2516.29 - 3058.57 Customer Service Rep. I 154 1503.02 - 1859.75 Customer Service Rep. II 164 1690.08 - 2054.30 Customer Service Rep. III 174 1866.89 - 2269.21 Customer Service Supervisor 179 1962.12 - 2384.97 Electrical Test Technician 213 2752.03 - 3345.11 Equipment Mechanic 181 2001.56 - 2432.91 Field Service Representative 184 2062.22 - 2506.64 Field Service Supervisor 189 2167.42 - 2634.51 Line Mechanic Crew Supervisor 228 3195.01 - 3883.56 Line Mechanic 218 2892.41 - 3515.74 Line Mechanic Helper 188 2145.96 - 2608.43 Line Mechanic Supervisor 243 3709.31 - 4508.70 Meter Reader 179 1962.12 - 2384.97 Storekeeper 172 1830.11 - 2224.52 Utility Yard Office Assistant 170 1794.05 - 2180.68 Water Equipment Operator 188 2145.96 - 2608.43 Water Equipment Technician 186 2103.67 - 2557.01 Water Utility Operator I 178 1942.69 2361.35 Water Utility Operator II 186 2103.67 - 2557.01 Water Utility Operator Supervisor 191 2210.98 - 2687.46 Water Utility Worker I 167 1741.29 - 2116.55 Water Utility Worker II 178 1942.69 - 2361.35 Water Utility Crew Supervisor 200 2418.11 - 2939.23 Water Utility Supervisor 210 2671.09 - 3246.72 Welder 190 2189.09 - 2660.85 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 BROTHERH( LOCAL 18, U IT 64 BY zz�Ll BY FOR THE CITY OF AZUSA OF ELECTRICAL WORKERS DATE 9 —/,-9 — O ' DATE DATE a _ 12 - 0 7 DATE tai �g9� DATE DATE