HomeMy WebLinkAboutResolution No. 8663RESOLUTION NO. 8663
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 LOCAL 18 EFFECTIVE JULY 1, 1989
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
Whereas, the City Council, at their regular meeting of
July 17, 1989, approved the Memorandum of Understanding between
the City of Azusa and the International Brotherhood of Electrical
Workers Local 18, terms and conditions to be effective July 1,
1989.
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.
The City Clerk shall certify to the adoption of this
resolution.
ADOPTED AND APPROVED this 17th day of July, 1989.
7
MAYOR
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the City Council of the City of Azusa at a regular
meeting thereof held on the 17th day of July, 1989.
AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA,
MOSES
NOES: ; COUNCILMEMBER�;: NONE
ABS�FN COUNCILMEMBE NONE
CIT CLERK'
a
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA
AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 18
EFFECTIVE 7-1-89
0
T A B L E O F C O N T E N T S
I. RECOGNITION..........................................1
II. CITY RIGHTS..........................................2
III. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES .4
IV. NONDISCRIMINATION.................................7
V. SAFETY AND HEALTH..................................8
VI. GRIEVANCE AND APPEALS PROCEDURE ......................9
VII. PROBATIONARY EMPLOYEES ...........................12
VIII. REINSTATEMENT.......................................13
IX. NO STRIKE - NO LOCKOUT ............................14
X. WORK WEEK AND
INTERVAL ...............16
XI. OVERTIME............................................17
XII. STANDBY AND CALLBACK .............................20
XIII. WORKING OUT OF CLASSIFICATION ...................21
XIV. SALARY AND COMPENSATION AND RETIREMENT ..........22
XV. HOLIDAYS.........................................24
XVI. VACATION.........................................25
XVII. LEAVE OF ABSENCE...................................27
XVIII. JURY DUTY........................................28
XIX. MILITARY LEAVE...................................29
XX. SICK LEAVE AND BEREAVEMENT LEAVE .................30
XXI. FRINGE BENEFIT ADMINISTRATION ....................36
XXII. LIFE INSURANCE....................................37
XXIII. HEALTH BENEFITS.....................................38
XXIV. EDUCATIONAL REIMBURSEMENT AND LICENSES..............39
XXV. UNIFORM STANDARDS...................................40
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XXVI. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ......... 41
XXVII. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT..42
XXVIII. SEPARABILITY........................................43
XXIX. MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS ..... 44
XXX. TERM OF MEMORANDUM OF UNDERSTANDING ...............45
XXXI. RATIFICATION AND EXECUTION ..........................46
EXHIBIT "All (SALARIES)..............................47
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AZUSA
AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 18, BARGAINING UNIT 64
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 Exhibit "A."
1
MEMORANDUM OF UNDE TIANDING, IBEW, JULY 1, 198
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 non-existence 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 requirements as determined by the CITY and to
establish and change work schedules and assignments.
j. To relieve EMPLOYEES from duties for lack of work or
similar nondisciplinary reasons.
k. To establish and modify productivity and performance
programs and standards.
1. To discharge, suspend, demote or otherwise discipline
EMPLOYEES for proper cause.
M. To determine job classifications and to reclassify
EMPLOYEES.
2
OF UNDERSTANDING,
IBEW, JULY 1, 198
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
MEMORANDUM OF UNDEMANDING, IBEW, JULY 1, 198f
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. indemnification
The UNION agrees to hold the CITY harmless and indemnify the
CITY against claims, causes of action or lawsuits arising out of
the deductions or transmittal of such funds to the UNION, except
the intentional failure of the CITY to transmit to the UNION
monies deducted from the EMPLOYEES pursuant to this Article.
Section 3.
The UNION shall be provided with a list of the names and
departments of newly hired EMPLOYEES in the representation unit
on a monthly basis.
Section 4. Bulletin Boards
The UNION shall have the right to use adequate space on the
bulletin boards on CITY premises for the purpose of posting
announcements and UNION information. The bulletin board space
shall be used for the following subjects only:
a. UNION recreational, social and related UNION news
bulletins.
b. Scheduled UNION meetings.
C. Information concerning UNION elections and the results
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
MEMORANDUM OF UNDE• ANDING, IBEW, JULY 1, 198f
Section 5.
Except as limited by specific and express terms of this
Memorandum of Understanding, the UNION hereby retains and
reserves unto itself all rights, powers and authority, confirmed
on and vested in it by the laws and Constitution of the State
of California or United States of America.
Section 6. Union Organization
a. The UNION representatives are those elected or appointed in
accordance with the constitution and bylaws of the UNION. AZUSA
recognizes the UNION's right to appoint shop stewards.
a.l The UNION shall notify the AZUSA City Management
Representative, in writing, of the names and job class
titles of its officers, shop stewards and other
representatives each time an election is held or new
appointments are made.
a.2 An employee elected or appointed as an officer or shop
steward of the UNION shall be required to work full
time in his respective job class and shall not
interrupt the work of other employees.
b. Officers and representatives (subject to the provisions of
Paragraph a.2) of the UNION shall be permitted to visit employee
work locations for the purpose of observing conditions under
which employees are working, provided such visit shall not
interrupt the work of such employees, interfere with the normal
operations of the department or with established safety
requirements.
b.l. Such officers and representatives shall not enter any
work location without the knowledge of the department
head, division head , or other appropriate supervisor.
b.2. Solicitation of membership and all activities concerned
with the internal management of the UNION, such as
collecting dues, holding membership meetings,
preparation of petitions or grievance material,
preparation of proposals, campaigning for office,
conducting elections and distributing literature, shall
not be conducted during working hours.
b.3. Such officers and representatives shall not use CITY
vehicles while conducting activities as stated in b.2.
C. In the event that the UNION is formally meeting and
conferring with representatives of AZUSA on matters within the
scope of representation during regular AZUSA business hours, a
reasonable number of officers, shop stewards or other
representatives of the UNION shall be allowed reasonable time off
without loss of compensation or other benefits.
5
• t
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
c.l. Such officers, shop stewards and representatives shall
not leave their duty or work station or assignment
without the knowledge of the department head, division
head or other appropriate supervisor.
c.2. Such meetings are subject to scheduling in a manner
consistent with operating needs and work schedules.
d. Officers and shop stewards or representatives (subject to
the provisions of Paragraph a.2) of the UNION shall be permitted,
if requested by the UNION employee, to attend the employee
counseling session which could result in disciplinary action.
Such officers shall also be permitted, if requested by the UNION
employee, to be present at employee disciplinary session.
d.l Such officers shall not leave their duty or work
station without the knowledge of the department head,
division manager or other appropriate supervisor.
e. Officers, shop stewards or representatives of the UNION,
when requested of their respective division manager, shall be
given reasonable time during work hours to investigate and
process specified grievances or complaints arising out of the
application of M.O.U. or personnel rules.
51
0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 198
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.
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• 8
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 11 1989
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.
EMPLOYEES who are required to wear specified footwear
(safety shoes or boots, heavy-duty walking shoes) shall receive
an allowance of one hundred -fifty dollars ($150) per year, except
for those EMPLOYEES who are required to wear Lineman's boots
shall receive an allowance of up to one hundred sixty-five
dollars ($165) per year. An employee who fails to outfit
him/herself with proper footwear when reporting to work shall be
asked to leave without pay until the proper footwear requirement
is met. Management and EMPLOYEES shall determine jointly the
acceptable footwear at the beginning of each fiscal year.
Section 3.
The department head or his/her division manager 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
canceled. If the department head or his/her division manager
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.
ff
MEMORANDUM OF UNDERANDING, IBEW, JULY 1, 198f
VI. GRIEVANCE AND APPEALS
Section 1.
In any instance of grievance, the EMPLOYEE shall
an effort to resolve such grievance with his
supervisor. In the event such efforts are not
satisfactory, the EMPLOYEE aggrieved shall within
working days, reduce his complaint to writing. The
shall set forth all the facts necessary to understand
involved. It shall be submitted in writing to the
immediate supervisor who shall transmit it to the
head.
Section 2.
first make
immediate
mutually
five (5)
complaint
the issues
EMPLOYEE'S
department
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
onditions, 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;
0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 198f
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.
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MEMORANDUM OF UNDEMANDING, IBEW, JULY 1, 1989
Section 30. 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
suspended, demoted,
cause, said Personnel
reinstated forthwith to
suspended, demoted, or
him the salary to which
he not been suspended,
Board find the accused was
or removed without sufficient
Board shall order the accused
the position from which he was
removed and shall order paid to
he would have been entitled had
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.
001
MEMORANDUM OF
Section 1.
0
UNDERSTANDING,
8
IBEW, JULY 1, 1989
VII. PROBATIONARY EMPLOYEES
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, and customary 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
position
reinstated
charges are
whose
to the
filed
serving a probationary
job performance is
position from which h
and he is discharged i
12
period in a promotional
unsatisfactory shall be
e was promoted, unless
n a lawful manner.
• :
OF UNDERSTANDING, IBEW, JULY 1, 1989
VIII. 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.
13
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 198
IX. 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
do so as 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, "Prohibited Conduct", and return to
work.
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MEMORANDUM OF
Section 2
0
UNDERSTANDING,
8
IBEW, JULY 1, 1989
If the Union performs all of the responsibilities set forth
in Section one (1) above, 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".
15
0
MEMORANDUM OF UNDERSTANDING, ISEW, JULY 1, 198
S. WORK WEER AND TIMEKEEPING INTERVAL
Section 1. Work Week
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.
Section 2. Timekeeping Interval
In compliance with FLSA, the minimum timekeeping interval
shall be fifteen (15) minutes. Periods of time of seven (7)
minutes or less shall be rounded down and period of time of eight
(8) minutes or more shall be rounded up.
16
MEMORANDUM OF
Section 1.
UNDERSTANDING,
0
IBEW, JULY 1, 1980
XI. OVERTIME
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.
e. All hours worked during holidays (except for floating
holidays) and Sundays shall be compensated at premium
overtime rate of two (2) times the normal rate, which
may be taken in pay or equivalent compensatory time
off.
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.
17
0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 198V
Section 5. Time and one half premium pay
Premium
pay or
compensatory
time off for
overtime
shall be
accumulated
in no
less than
fifteen (15)
minutes
per day
increments.
When
an EMPLOYEE
works less
than fifteen (15)
minutes per
day
of overtime,
the EMPLOYEE
shall not
receive
compensatory
time for
overtime of
less than fifteen
(15)
minutes
per day worked.
Section 6.
In order to be entitled to any compensation for overtime
hours worked, such overtime work must have been authorized by the
department head or the City Administrator.
Section 7.
Accumulated compensatory time not taken off in the pay
period in which it was earned, may be carried over to a maximum
of two -hundred forty (240) hours (160 (one -hundred sixty) hours
worked at time and one half would equal 240 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. 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.
IE
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MEMORANDUM OF UNDEASTANDING, IBEW, JULY 11 1984P
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.
d. When an employee is required to report to work fifteen
minutes prior to his/her normal shift, he/she shall be
provided a meal and the time to eat the meal, or a meal
reimbursement of not more than eight dollars ($8).
Section 10.
Nothing herein is intended to limit or restrict the
authority of the CITY to require any EMPLOYEE to perform
overtime work.
Section 11.
Permanent employees will be given priority to receive after-
hours work assignments. However, Management reserves the
discretion to assign after-hours work to temporary/part-time
employees as long as the temporary/part-time employee, by
performing an after-hours work assignment, will not exceed 32
hours worked during the week.
im
MEMORANDUM OF
Section 1.
0
UNDEIiBTANDING, IBEW, JULY 1, 1980
XII. STANDBY AND CALLBACK
The CITY
by time with a
three (3) hours
Section 2.
agrees to pay time
minimum of two (2)
of regular pay.
and one-half (1 1/2) for stand
hours, which will result in
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.
20
J!Y 4 Ci_\ 6
Section 1.
UNDEIANDING,
4P
IHEW, JULY 11 198
%III. WORKING OUT OF CLASSIFICATION
The CITY may work EMPLOYEES out of classification for up to
five (5) consecutive working days without compensation.
Section 2.
An EMPLOYEE who works more than five (5) consecutive working
days out of classification shall receive not less than one pay
range above the EMPLOYEE'S regular salary for work performed out
of classification commencing the first day of working out of
classification and for each consecutive day thereafter. Working
in a higher classification must be approved by the department
head in advance.
Section 3.
An EMPLOYEE shall not continue acting in a higher
classification, while retaining his existing classification,
for more than ninety (90) calendar days except on authorization
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.
21
OF UNDEIANDING,
1P
IBEW, JULY 1, 198
XIV. SALARY AND COMPENSATION AND
Section 1.
Effective July 1, 1989, all employees represented by the
Union shall have their salary adjusted as enumerated in Exhibit
"A" of this document, which reflects a-3.2% increase.
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.
a. The classification of Apprentice Line Mechanic shall be
incorporated into a "flexible" staffing pattern.
Employee(s) in the Apprentice Line Mechanic
classification shall be promoted to Line Mechanic
classification (under probationary status) when the
employee(s) has completed the fifth (5th) step as an
Apprentice Line Mechanic and, in the opinion of
management, has obtained the practical knowledge of
performing all facets of duties required of the Line
Mechanic.
b. If, in the event that the Apprentice Line Mechanic is
not promoted within one (1) year after attaining the
fifth (5th) step, he shall be presented, in writing, the
reason(s) for the denial of the promotion, and a list of
area(s) where the candidate has insufficient knowledge
to achieve the promotion.
Section 3.
a. The classification of Customer Service Representative I,
II, and III, hereafter referred to as CSR I, II, and
III, shall be incorporated into the "flexible" staffing
pattern. Employee(s) in either the CSR I or CSR II
classifications shall be promoted to CSR II or CSR III
classification, respectively,(under probationary status)
when the employee(s) has completed the fifth (5th) step
and in the opinion of management, has obtained the
practical knowledge to perform all facets and duties of
CSR II or CSR III, respectively.
b. In the event that the CSR I or CSR II, is not promoted
within one (1) year after attaining the fifth (5th)
step,he/she will be presented, in writing, the reason(s)
for the denial of the promotion, and a list of the
area(s) and duty(ies) of which the candidate has
22
OF UNDEMANDING,
0
IBEW, JULY 1, 1980
insufficient knowledge and/or experience to achieve the
promotion.
Section 4
a. The classifications of Water Utility Worker I/II and
Water Utility Operator I/II shall be incorporated into
the "flexible" staffing pattern. Employee(s) in either
the Water Utility Worker I or Water Utility Operator I
classifications shall be promoted to the respective "II"
level (under probationary status) when the employee(s)
has completed the fifth (5th) step and in the opinion of
management, has obtained the practical knowledge to
perform all facets and duties of the respective "II"
level.
b. In the event that the "I" level of either position is
not promoted within one (1) year after attaining the
fifth (5th) step, he/she will be presented, in writing,
the reason(s) for the denial of the promotion, and a
list of the area(s) and duty(ies) of which the
candidate has insufficient knowledge and/or experience
to achieve the promotion.
Section 5
The CITY shall continue its contract
Employees Retirement System (PERS) under the
formula" plan. The CITY shall continue
"employee" and "employer" share of the cost of
23
with the Public
112% at 60 full
to pay both the
this benefit.
MEMORANDUM OF
Section 1.
UNDERSTANDING
1P
IBEW, JULY 1, 198
XV. HOLIDAYS
EMPLOYEES covered by this agreement shall receive time off
with pay for the following holidays, but only if the employee is
paid for the workday that precedes or follows the holiday.
July 4
Independence Day
September
4
Labor Day
October 9
Columbus Day
November
13
Veteran's Day
November
23
Thanksgiving Day
November
24
Day after Thanksgiving Day
December
25
Christmas
January 1
New Year's Day
February
12
Lincoln's Birthday
February
19
Washington's Birthday
May 28
Memorial Day
Section 2. Applicable Overtime Rates
Should EMPLOYEES be required by their supervisor or
department head to work on a holiday listed above, the EMPLOYEES
shall receive regular pay plus the appropriate premium pay or
compensatory time off for the hours worked on the holiday. Such
EMPLOYEES shall receive no other compensation for working on the
holiday.
Section 3.
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 4.
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 manager. 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.
24
MEMORANDUM OF UNDERSTANDING, ISEW, JULY 1, 198
XVI. VACATION
Section 1. Computation and Accrual of Vacation
a. Vacation leave shall accrue 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
b. EMPLOYEES shall accrue paid vacation leave at periodic
rates equivalent to the annual schedule above.
C. Accrued vacation time shall be credited to each
EMPLOYEE'S account during the pay period in which it
accrues. Vacation leave for new EMPLOYEES will be
granted no earlier than six (6) months after the day of
employment, or the end of probation, whichever is the
later date.
Section 2.
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. Employees shall be able to carry over Vacation accrual
from one year to the next, cumulatively, up to a maximum of
fifty-two (52) times the then -current pay period rate of vacation
accrual. This maximum is waived, however, until June 30, 1990,
At that time, if the EMPLOYEE's balance is at or above its
maximum, no further vacation shall be accrued until the
EMPLOYEE'S balance drops below the maximum. In special cases,
where it has not been possible, due to work load and other
factors, for the EMPLOYEE to use his or her vacation before
reaching the maximum, it shall be within the department head's
authority to authorize cash payment in lieu of time off.
Section 3.
EMPLOYEES who terminate their employment
six (6) months of full time employment shall
accrued vacation, if any, and the prorated
unused vacation.
25
with the CITY after
be paid for all
portion of their
0 •
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
Section 4.
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.
26
0 0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
XVII. 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 absence, the CITY shall consider that the
EMPLOYEE has terminated his employment with the CITY.
Such an employee shall not 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.
27
0 0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
XVIII. JURY DUTY
Section 1.
An EMPLOYEE required for jury duty shall immediately notify
his supervisor or department head.
Section 2.
When required to serve on a jury, all EMPLOYEES shall have
time off for a period of actual service required on the jury.
EMPLOYEES shall receive the regular pay while serving on jury
duty, provided all jury fees paid to the individual EMPLOYEE,
less allowed automobile expenses, are deducted from his normal
salary.
OF UNDERSTANDING,
0
IBEW, JULY 1, 1989
XIX. 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 for a period
of not less than one (1) year, upon being called for temporary
military duty, shall receive full salary for a period not to
exceed thirty (30) calendar days in a calendar year. Time spent
in military service shall be considered CITY employment for
computation of employment related benefits.
0 0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
XX. 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 was
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.
A decision to convert sick leave according to the policy
below shall be made by March 31:
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, only to the extend that his or her balance is
more than zero at the beginning of the year, 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, only to the extent that his or her balance is
more than zero at the beginning of the year, 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 "grand-
personed" 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;
30
0 0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
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.
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 super-
visor 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
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.
b. The illness of a member of the EMPLOYEES 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.
021
0 0
OF UNDERSTANDING, IBEW, JULY 1, 1989
C. Enforced quarantine of the EMPLOYEE in accordance with
the Health Department regulations.
d. Medical, dental and optical appointments.
e. Personal business not to exceed a maximum of twenty-
four (24) hours during any one (1) year. "Personal
business" means those items of personal business that
can only be taken care of during regular working hours
of the EMPLOYEE. Personal business leave shall be
approved or disapproved by the department head only in
case of necessity.
Section 5. Restrictions on Sick Leave
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 disability sustained while on leave of
absence, other than regular vacation leave.
C. Disability or illness arising from compensated
employment other than with the CITY.
Section 6. Accrual and Use
Sick leave with pay shall accrue to EMPLOYEES at the
rate of one (1) working day for each calendar month of paid
employment, with unlimited accumulation. Sick leave shall not be
taken in units of less than one half (1/2) hour.
Section 7. 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.
19Ya
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
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.
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 an EMPLOYEE'S illness or
injury did not arise in the course of the EMPLOYEE'S
employment with the CITY or that the EMPLOYEE is not
temporarily or permanently incapacitated or disabled as
a result of the injury or illness, then the EMPLOYEE'S
accrued or, if insufficient, future sick leave shall be
charged to reimburse the CITY for any payments made to
the EMPLOYEE pursuant to (a) above.
C. An industrial leave of up to ninety (90) calendar days
shall be authorized for each injury or illness
33
0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
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.
d. Except as provided in (b) 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 "retire-
ment 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. Bereavement Leave
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, grandparents, 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.
34
0
OF UNDERSTANDING,
0
IBEW, JULY 1, 1989
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.
35
0 i
MEMORANDUM OF UNDERSTANDING, IBEWj JULY 11 1989
XXI. 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 Under-
standing.
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 prerogative of that employee.
M-1
OF UNDERSTANDING, IBEW, JULY 1, 1989
XXII. LIFE INSURANCE
Section 1.
The CITY shall maintain in effect for the term of this
agreement a life insurance plan(s) covering employees covered by
this agreement. The coverage provided by the CITY for the
EMPLOYEE shall be equal to eighteen (18) months of the EMPLOYEE's
monthly base salary.
37
0 .
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 11 1989
XXIII. HEALTH BENEFITS
Section 1. Cafeteria Benefit Plan
Effective August 1, 1989, the CITY will maintain the
Cafeteria Benefit Plan at three hundred ninety-six dollars ($396)
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 the various
insurances selected by him or her exceeds the amount of the
CITY'S contribution of three hundred ninety-six dollars ($396)
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 Union 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.
In order for an EMPLOYEE to be eligible for the CBP in any
given month, he/she must be on payroll for fifteen (15) days
within that month.
If an EMPLOYEE does not meet the qualifying work time,
arrangements must be made with the Finance Department to
reimburse the CITY for any benefits that have already been paid
out on the EMPLOYEE's behalf for that month. The Finance
Department will notify the EMPLOYEE if they have not worked
sufficient days to qualify for the CBP.
New EMPLOYEES will be eligible for the full CBP Plan
applicable to their particular bargaining unit if they begin work
prior to the 16th of the month. EMPLOYEEs whose date of hire is
on the 16th or after will not be eligible for the CBP.
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,
1987.
b. Long term disability benefits shall not commence until
thirty (30) calendar days of employment.
0.3
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 191t
XXIV. EDUCATIONAL REIMBURSEMENT AND LICENSES
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
preceding 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.
Section 5
The CITY agrees to pay the cost of maintaining
certifications and licenses that are within the minimum
requirements for the licensee's job. The cost of this
reimbursement is not to exceed thirty dollars ($30).
39
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
XXV. UNIFORM STANDARDS
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. The presentability 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.
40
0 0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
XXVI. 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 regulations or CITY
ordinances, they shall continue, subject to being changed by
the CITY in accordance with the exercise of CITY rights under
this Agreement and applicable state law.
41
0 0
OF UNDERSTANDING, IBEW, JULY 1, 1989
XXVII. 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.
42
0 0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1989
XXVIII. 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 Under-
standing shall remain in full force and effect for the duration
of this Memorandum of Understanding.
Should this language render invalid any provisions of this
Agreement, then meet and confer sessions shall immediately
commence in efforts to agree upon replacements for such
invalidated provisions.
43
0
OF UNDERSTANDING,
0
IBEW, JULY 1, 1989
XXIX. MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS
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 EMPLOYEES.
44
9 0
MEMORANDUM OF UNDERSTANDING, IHEW, JULY 1, 1989
XXX. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding (MOU) shall
commence July 1, 1989, and shall continue in full force and
effect until June 30, 1990.
45
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1Td9
XXXI. RATIFICATION AND EXECUTION
The CITY and the UNION acknowledge that this Memorandum
shall not be in full force and effect until ratified by the UNION
membership and adopted by the City Council of the City of Azusa.
Subject to the foregoing, this Memorandum of Understanding is
hereby executed by the authorized representatives of the CITY and
the UNION.
FOR THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 18, UNIT 64
•
...-......_ �I: • ice_. �
46
DATE
DATE—��
DATE g'A/Rf
DATE 1P - 2 —F9
DATE 'g—.2-001
MEMORANDUM OF UNDE••DING, IHEW, JULY 1, 198•
XXXII. CLASSIFICATION RANGE SCHEDULE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
CLASSIFICATION RANGE SCHEDULE
JULY 1, 1989
EXHIBIT "A"
MONTHLY
CLASSIFICATION RANGE 1st & 5th STEP
Apprentice Line Mechanic
5204
2753.94 -
3347.41
Customer Service Representative I
5154
1674.49 -
2035.38
Customer Service Representative II
5164
1849.69 -
2248.29
Customer Service Representative III
5174
2043.18 -
2483.52
Customer Service Supervisor
5184
2256.96 -
2743.35
Electrical Test Technician
5213
3011.91 -
3661.01
Equipment Mechanic
5181
2190.60 -
2662.66
Field Service Representative
5184
2256.96 -
2743.35
Field Service Supervisor
5194
2493.09 -
3030.35
Line Mechanic Crew Supervisor
5228
3496.72 -
4250.32
Line Mechanic
5218
3165.55 -
3847.76
Line Mechanic Helper
5188
2348.60 -
2854.75
Line Mechanic Supervisor
5243
4059.61 -
4934.49
Meter Reader
5179
2147.41 -
2610.19
Storekeeper
5172
2002.95
- 2434.61
Utility Yard Office/Meter Test Asst
5181
2190.60
- 2662.66
Water Utility Equipment Operator
5188
2348.60
- 2854.75
Water Equipment Technician
5186
2302.35
- 2798.48
Water Utility Operator I
5178
2126.16
- 2584.37
Water Utility Operator II
5186
2302.35
- 2798.48
Water Utility Operator Supervisor
5196
2543.20
- 3091.30
Water Utility Worker I
5167
1905.73
- 2316.44
Water Utility Worker II
5178
2126.16
- 2584.37
Water Utility Crew Supervisor
5200
2646.45
- 3216.79
Water Utility Supervisor
5210
2923.34
- 3553.33
Welder
5190
2395.85
- 2912.16
47