HomeMy WebLinkAboutResolution No. 88860 0
RESOLUTION NO. 8886
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, 1990.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
Whereas, the City Council, at its regular meeting of
July 16, 1990, 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,
1990.
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 16th day of July, 1990.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the City Council of the City of Azusa at a regular
meeting thereof held on the 16th day of July, 1990.
AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO,
ALEXANDER, MOSES
NOES: COUNCILMEMBERS: NONE
)ONE
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA
AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 18
EFFECTIVE 7-1-90 THROUGH 6-30-93
Ll
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. HOURS OF WORK.......................................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, INDUSTRIAL LEAVE, AND BEREAVEMENT LEAV.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. CLASSIFICATION RANGE SCHEDULE ....................46
XXXII. RATIFICATION AND EXECUTION ..........................49
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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."
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MEMORANDUM OF UNDEPTANDING, IBEW, JULY 1, 19900
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.
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MEMORANDUM OF UNDERSTANDING, IHEW, JULY 1, 1990
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
mission of the CITY in emergencies not
AGREEMENT.
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to carry out the
contrary to this
MEMORANDUM OF UNDEIANDING, IBEW, JULY 11 19900
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.
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OF UNDEAANDING, IBEW, JULY 11 19900
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.
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MEMORANDUM OF UNDER TANDING, ISEW, JULY 1, 199•
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.
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MEMORANDUM OF UNDEITANDINGf IBEWr JULY 1f 199
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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MEMORANDUM OF UNDEAANDING, IBEA, JULY 1, 19900
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 eighty dollars
($180) 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. Employees working
less than one (1) year shall be entitled to the appropriate
allowance under this section on a prorata basis.
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.
E]
MEMORANDUM OF UNDEIANDING, IBEW, JULY 1, 19900
VI. GRIEVANCE AND APPEALS PROCEDURE
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
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;
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OF UNDERTANDING, IBEW, JULY 1, 199
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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OF UNDEAANDINGr IBEWt JULY 1t 199P
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 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. After the Personnel Board has made its decision, the
employee shall have no right to grieve the disciplinary
action with the exception of Section 10.d.(Rev 7-30-90)
d. 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.
e. 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.
f. 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.
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MEMORANDUM OF UNDEPTANDING, IBEW1 JULY 11 199
VII. 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
six (6) month 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 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.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 19900
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.
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MEMORANDUM OF UNDEIANDING, IBEW, JULY 1, 1990
IK. 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 UNDEIfSTANDING, IBEW, JULY 1, 199
Section 2
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".
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OF UNDERSTANDING, IBEW, JULY 1, 199•
X. HOURS OF WORK
Section 1. ADDlication
This article is intended to define the normal hours of work
per day or per week in effect at the time of execution of this
MOU. 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. Workweek/Workday
a. The regular workweek for all employees covered by this
MOU shall not exceed forty (40) hours for four (4) consecutive
days, commencing at 12:01 a.m. Sunday and ending at midnight
Saturday. The workweek for all employees shall be either Monday
through Thursday or Tuesday through Friday. The City reserves
the right to determine which of the four (4) consecutive workdays
(as defined above) for any employee affected by this MOU as
required to meet the needs of the department.
b. The workday will be ten and one-half (10 1/2) hours
with forty (40) minutes for lunch and two (2) fifteen (15) minute
breaks to be scheduled with the approval of a supervisor or
department head. The City reserves the right to determine the
beginning and ending times of the ten (10) hour workday.
Section 3. Timekeeping Interval
In compliance with the Fair Labor Standards Act (FLSA), the
minimum time keeping 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.
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MEMORANDUM OF UNDEIKANDING, IBEW, JULY 11 1990
XI. OVERTIME
Section 1.
All EMPLOYEES shall be entitled to premium pay or
compensatory time off for all hours worked in excess of ten (10)
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 Off
a. 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.
b. 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.
c. Accumulated compensatory time not used in the pay period
in which it was earned may be carried over to a maximum
of eighty (80) hours. Employees who, at the time of
ratification of this MOU by the City Council, have an
excess of eighty (80) hours of accumulated compensatory
time shall have one (1) year to reduce their balance of
accrued compensatory time by either cash payment or
actual use, subject to the approval of the department
head.
d. Accumulated compensatory time off may be taken by an
employee upon reasonable notice and prior approval of
the department head. 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 3. Accumulation
All overtime shall be accumulated in increments of no less
than fifteen (15) minutes per day. When an employee works less
than fifteen (15) minutes per day of overtime, the employee shall
not receive compensatory time for increments of less than fifteen
(15) minutes per day.
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OF UNDEIANDING, IBEW, JULY 1, 1991P
Section 4. 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.) 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. In the event that an employee is summoned to work
between 4 a.m. and 5 a.m. and is required to continue to
work, he or she shall be compensated one and one-half (1
1/2) times the regular rate of pay for all work
performed after 5 a.m. until he or she has a six (6)
hour rest period.
e. 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.
f. 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 5. 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 (2) hours after the commencement
of such work and no less frequently than every four (4)
hours actually worked thereafter or he or she shall
receive a meal reimbursement of eight dollars ($8) 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
M
MEMORANDUM OF UNDERBTANDING, IBEWj JULY 1� 199•
reimbursement of eight dollars ($8) for each such four
(4) hour period.
d. When an employee is required to report to work one (1)
hour 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 6.
Nothing herein is intended to limit or restrict the
authority of the City of require any employee to perform overtime
work.
Section 7.
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
thirty-two (32) hours worked during the week.
19
OF UNDESTANDING, IBEW, JULY 1, 1990
XII. STANDBY AND CALLBACK
Section 1. Standbv, Callback, Premium Pa
The CITY agrees to pay time and one-half (1 1/2) for standby
time with a minimum of two (2) hours, which will result in three
(3) hours of regular pay. In the event the employee notifies the
department head that he/she will be using sick leave while on
standby duty, he/she will not be entitled to standby pay.
Section 2. Callback Pav
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 the end of
the normal workday for a period of twenty-four (24)
hours, beginning on Thursday, when the regular standby
duty begins.
d. The department head or his/her designee may at his/her
discretion, direct an EMPLOYEE to leave work and
require that the employee have a six (6) hour rest
period whenever the employee has been called back. In
the case where an employee is sent home during his/her
regular shift, the EMPLOYEE will be paid at the regular
rate of pay until the end of the normal shift. The
EMPLOYEE may be called back prior to the end of his/her
normal shift and be compensated at the appropriate rate
of pay.
20
OF UNDENTANDING, IDEW, JULY 11 1990
XIII. 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
classification, while retaining his
for more than ninety (90) calendar days
of the City Council.
Section 4.
acting in a higher
existing classification,
except on authorization
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 biweekly. 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 UNDERANDING, IBEW, JULY 11 1990
%IV. SALARY AND COMPENSATION AND RETIREMENT
Section 1.
Effective July 1, 1990, all employees covered by this
agreement and who are on the payroll on the date this Agreement
is ratified by both parties shall receive a five and one-half
percent (5.5%) increase. Thereafter, employees covered by this
Agreement and who are on the payroll on July 1, 1991, and July 1,
1992, shall receive a five and one-half percent (5.5%) salary
adjustment for each of the two years. All such salary increases
pursuant to this Section and for the duration of this Agreement
shall be reflected as adjustments to the salary ranges as
reflected in Exhibit A.
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.
22
MEMORANDUM OF UNDEAANDINGr IBEA, JULY 11 1990
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
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 with the Public
Employees Retirement System (PERS) under the 112% at 60 full
formula" plan. The CITY shall continue to pay both the
"employee" and "employer" share of the cost of this benefit.
23
OF UNDERTANDING, IBEW, JULY 1, 199
%V. HOLIDAYS
Section 1.
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. All
holidays shall be paid at a rate of ten (10) hours, consistent
with the four (4) day, ten (10) hour workweek schedule. The
dates upon which these holidays shall be observed will be
determined by City Council.
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas
New Year's Day
Lincoln's Birthday
Washington's Birthday
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.
Section 5
All holidays falling on a day off shall be observed on the
next scheduled working day. The workweek for Thanksgiving week
for all employees shall be Monday through Thursday.
24
MEMORANDUM OF UNDEIKANDING, IBEW, JULY 11 19911
XVI. VACATION
Section 1. Computation and Accrual of Vacation
a. Vacation leave shall accrue as follows:
Through
the
4th
year
of
employment
90
hours
Through
the
5th
year
of
employment
120
hours
Through
the
6th
year
of
employment
128
hours
Through
the
7th
year
of
employment
136
hours
Through
the
8th
year
of
employment
144
hours
Through
the
9th
year
of
employment
152
hours
Through
the
10th
year
of
employment
160
hours
Through
the
lith
year
of
employment
168
hours
Through
the
12th
year
of
employment
176
hours
Through
the
13th
year
of
employment
184
hours
Through
the
14th
year
of
employment
192
hours
Through
the
15th
year
of
employment
200
hours
Through
the
16th
year
of
employment
210
hours
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, 1991,
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
OF UNDEPTANDING, IBEA, JULY 11 199
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.
MEMORANDUM OF UNDERTANDING, IBEW, JULY 11 1991P
%VII. LEAVE OF ABSENCE
Section 1. Leave of Absence Without Pav
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 UNDERSTANDINGS IBEWI JULY 1� 1990
%VIII. 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.
04.1
10 OF UNDERSTANDING, IBEW, JULY 1, 199
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.
OF UNDENTANDING, IBEW, JULY 11 1990
XX. SICK LEAVE, INDUSTRIAL 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
OF UNDERSTANDING, IBEW, JULY 1, 1990
or voluntary retirement (if he or she has been employed by the
CITY a minimum of ten (10) years).
The EMPLOYEE may convert
accrued sick leave balance to
hundred twenty (320) hours to
forty (240) hours.
Section 1. Procedure
fifty percent (50%) of his or her
cash for hours in excess of three
a maximum payment of two hundred
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.
31
MEMORANDUM OF UNDE ANDING, IBEW, JULY 1, 19900
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 S. 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 (ten (10) hours) 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.
32
OF UNDE• ANDING, IBEW, JULY 11 19900
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
determined to be compensable under the Workers'
091
0 0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1990
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 six (6)
months. Supporting medical documentation must accompany
such requests for leave and be submitted thirty (30)
days prior to expiration date.
d. Prior to the end of the six (6) months of paid leave
pursuant to Section c, the EMPLOYEE may apply for
benefits under the CITY'S long-term disability plan.
If the EMPLOYEE is qualified to receive benefits under
the disability plan, vacation and sick leave shall
accrue, and the CITY shall continue to pay benefits
under the CITY'S Cafeteria Benefit Plan and Public
Employees' Retirement System (PERS) so far as allowed
by law for such employee for an additional six (6)
month period. An employee receiving long-term
disability can return to work on or before six (6)
months from the time employee began receiving long-term
disability benefits. The employee shall notify the
department head as soon as practicable as to whether he
or she will be returning to work prior to the
expiration of the six-month period in which the
employee has been on long term disability.(Rev 7-30-90)
e. 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.
f. 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 twenty-six (26) weeks of industrial disabil-
ity payments.
f. Physicians may be assigned in compliance with the
Health and Safety Code and the Workers' Compensation
34
MEMORANDUM OF UNDETANDINGo IBEW, JULY 11 19 •
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) ten
(10) hour 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.
In addition to bereavement leave, an employee may request up
to two (2) ten (10) hour 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
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 199•
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.
36
MEMORANDUM OF UNDE• ANDING, IBEW, JULY 1, 199
%%II. 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 0
OF UNDERSTANDING, IBEW, JULY 1, 1990
%%III. HEALTH BENEFITS
Section 1. Cafeteria Benefit Plan
Effective August 1, 1990, the CITY will maintain the
Cafeteria Benefit Plan at four hundred thirty-six dollars ($436)
per month for each EMPLOYEE. Thereafter, the City will
contribute an additional forty dollars ($40.00) to the Cafeteria
Benefit Plan on August 1, 1991, and on August 1, 1992, for all
employees. 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 per month, the excess shall be
deducted from their gross wages. (Rev. 7-30-90)
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 0
OF UNDERSTANDING, IBEW, JULY 1, 1990
%%IV. EDUCATIONAL REIMBURSEMENT AND LICENSES
Section 1.
The CITY will reimburse
tuition and textbooks required
college courses. An approved
improve the knowledge of the
specific job.
Section 2.
the EMPLOYEE for the costs of
for approved community college and
course is one designed to directly
EMPLOYEE relative to his or her
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
0 0
OF UNDERSTANDING, IBEN, JULY 11 1990
%XV. UNIFORM
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
OF UNDERSTANDING, IBEW, JULY 1, 1990
%XVI. SOLE AND ENTIRE MEMORANDUM OF U
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 11 1990
%%VII. WAIVER OF BARGAINING DURING TERM OF THIS
Section 1.
During the term of this Memorandum of Understanding, the
parties mutually agree that they will not seek to negotiate or
bargain with regard to wages, hours and terms and conditions of
employment, whether or not covered by this Memorandum of
Understanding or in the negotiations leading thereto, and
irrespective of whether or not such matters were discussed or
were even within the contemplation of the parties hereto during
the negotiations leading to this Memorandum. Regardless of
the waiver contained in this Article, the parties may, however,
by mutual agreement, in writing, agree to meet and confer about
any matter during the term of this Memorandum.
In the event that, during the term of this agreement, state
law or the needs of the CITY require an operation or a particular
position to monitor a job site seven days per week, the parties
agree to meet and confer on this issue.
42
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1990
%XVIII. 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 0
OF UNDERSTANDING, IBEW, JULY 11 1990
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
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1990
%%%. TERM OF MEMORANDUM OF
The term of this Memorandum of Understanding (MOU) shall
commence July 1, 1990, and shall continue in full force and
effect until June 30, 1993.
:1P
0 9
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
CLASSIFICATION RANGE SCHEDULE
JULY 1, 1990
(EXHIBIT "A")
*Due to computer system problems, figures may vary slightly from final computer
figures.
46
MONTHLY *
CLASSIFICATION
--------------
RANGE
-----
1ST
----------------------
& 5TH STEP
APPRENTICE LINE MECHANIC
5204
2,905.41
3,531.52
CUSTOMER SERVICE REP. I
5154
1,766.59
2,147.33
CUSTOMER SERVICE REP. II
5164
1,951.42
2,371.95
CUSTOMER SERVICE REP. III
5174
2,155.55
2,620.11
CUSTOMER SERVICE SUPERVISOR
5184
2,381.09
2,894.23
ELECTRICAL TEST TECHNICIAN
5213
3,177.57
3,862.37
EQUIPMENT MECHANIC
5181
2,311.08
2,809.11
EQUIPMENT MECHANIC SUPERVISOR
5195
2,692.57
3,272.82
FIELD SERVICE REPRESENTATIVE
5184
2,381.09
2,894.23
FIELD SERVICE SUPERVISOR
5194
2,630.21
3,197.02
LINE MECHANIC
5218
3,339.66
4,059.39
LINE MECHANIC CREW SUPERVISOR
5228
3,689.04
4,484.09
LINE MECHANIC HELPER
5188
2,477.77
3,011.76
LINE MECHANIC SUPERVISOR
5243
4,282.89
5,205.89
METER READER
5179
2,265.52
2,753.75
STOREKEEPER
5172
2,113.11
2,568.51
UTILITY YARD OFFICE/METER TEST
5181
2,311.08
2,809.11
WATER EQUIPMENT OPERATOR
5188
2,477.77
3,011.76
WATER EQUIPMENT TECHNICIAN
5186
2,428.98
2,952.40
WATER UTILITY CREW SUPERVISOR
5200
2,792.00
3,393.71
WATER UTILITY OPERATOR I
5178
2,243.10
2,726.51
WATER UTILITY OPERATOR II
5186
2,428.98
2,952.40
WATER UTILITY OPERATOR SUPERVISOR
5196
2,683.08
3,261.32
WATER UTILITY SUPERVISOR
5210
3,084.12
3,748.76
WATER UTILITY WORKER I
5167
2,010.55
2,443.84
WATER UTILITY WORKER II
5178
2,243.10
2,726.51
WELDER
5190
2,527.62
3,072.33
*Due to computer system problems, figures may vary slightly from final computer
figures.
46
0 0
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
CLASSIFICATION RANGE SCHEDULE
JULY 1, 1991
(EXHIBIT "A")
*Due to computer system problems, figures may vary slightly from final computer
figures.
47
MONTHLY
CLASSIFICATION
--------------
RANGE
-----
1ST &
----------------------
5TH STEP
APPRENTICE LINE MECHANIC
5204
3,065.21
3,725.75
CUSTOMER SERVICE REP. I
5154
1,863.75
2,265.43
CUSTOMER SERVICE REP. II
5164
2,058.75
2,502.41
CUSTOMER SERVICE REP. III
5174
2,274.11
2,764.22
CUSTOMER SERVICE SUPERVISOR
5184
2,512.05
3,053.41
ELECTRICAL TEST TECHNICIAN
5213
3,352.34
4,074.80
EQUIPMENT MECHANIC
5181
2,438.19
2,963.61
EQUIPMENT MECHANIC SUPERVISOR
5195
2,840.66
3,452.83
FIELD SERVICE REPRESENTATIVE
5184
2,512.05
3,053.41
FIELD SERVICE SUPERVISOR
5194
2,774.87
3,372.86
LINE MECHANIC
5218
3,523.34
4,282.66
LINE MECHANIC CREW SUPERVISOR
5228
3,891.94
4,730.71
LINE MECHANIC HELPER
5188
2,614.05
3,177.41
LINE MECHANIC SUPERVISOR
5243
4,518.45
5,492.21
METER READER
5179
2,390.12
2,905.21
STOREKEEPER
5172
2,229.33
2,709.78
UTILITY YARD OFFICE/METER TEST
5181
2,438.19
2,963.61
WATER EQUIPMENT OPERATOR
5188
2,614.05
3,177.41
WATER EQUIPMENT TECHNICIAN
5186
2,562.57
3,114.78
WATER UTILITY CREW SUPERVISOR
5200
2,945.56
3,580.36
WATER UTILITY OPERATOR I
5178
2,366.47
2,876.47
WATER UTILITY OPERATOR II
5186
2,562.57
3,114.78
WATER UTILITY OPERATOR SUPERVISOR
5196
2,830.65
3,440.69
WATER UTILITY SUPERVISOR
5210
3,253.75
3,954.94
WATER UTILITY WORKER I
5167
2,121.13
2,578.25
WATER UTILITY WORKER II
5178
2,366.47
2,876.47
WELDER
5190
2,666.64
3,241.31
*Due to computer system problems, figures may vary slightly from final computer
figures.
47
0 0
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
CLASSIFICATION RANGE SCHEDULE
JULY 1, 1992
(EXHIBIT "A")
*Due to computer system problems, figures may vary slightly from final computer
figures.
48
MONTHLY
CLASSIFICATION
--------------
RANGE
-----
1ST &
---------------------
5TH STEP
APPRENTICE LINE MECHANIC
5204
3,233.80
3,930.67
CUSTOMER SERVICE REP. I
5154
1,966.26
2,390.03
CUSTOMER SERVICE REP. II
5164
2,171.98
2,640.04
CUSTOMER SERVICE REP. III
5174
2,399.19
2,916.25
CUSTOMER SERVICE SUPERVISOR
5184
2,795.97
3,221.35
ELECTRICAL TEST TECHNICIAN
5213
3,536.72
4,298.91
EQUIPMENT MECHANIC
5181
2,572.29
3,126.61
EQUIPMENT MECHANIC SUPERVISOR
5195
2,996.90
3,642.74
FIELD SERVICE REPRESENTATIVE
5184
2,795.97
3,221.35
FIELD SERVICE SUPERVISOR
5194
2,927.49
3,558.37
LINE MECHANIC
5218
3,717.12
4,518.21
LINE MECHANIC CREW SUPERVISOR
5228
4,106.00
4,990.90
LINE MECHANIC HELPER
5188
2,757.82
3,352.17
LINE MECHANIC SUPERVISOR
5243
4,766.96
5,794.28
METER READER
5179
2,521.58
3,065.00
STOREKEEPER
5172
2,351.94
2,858.82
UTILITY YARD OFFICE/METER TEST
5181
2,572.29
3,126.61
WATER EQUIPMENT OPERATOR
5188
2,757.82
3,352.17
WATER EQUIPMENT TECHNICIAN
5186
2,703.51
3,286.09
WATER UTILITY CREW SUPERVISOR
5200
3,107.57
3,777.28
WATER UTILITY OPERATOR I
5178
2,496.63
3,034.68
WATER UTILITY OPERATOR II
5186
2,703.51
3,286.09
WATER UTILITY OPERATOR SUPERVISOR
5196
2,986.34
3,629.93
WATER UTILITY SUPERVISOR
5210
3,432.71
4,172.46
WATER UTILITY WORKER I
5167
2,237.79
2,720.05
WATER UTILITY WORKER II
5178
2,496.63
3,034.68
WELDER
5190
2,813.31
3,419.58
*Due to computer system problems, figures may vary slightly from final computer
figures.
48
0
MEMORANDUM OF UNDERSTANDING,
The CITY
shall not be in
membership and
Subject to the
hereby executed
the UNION.
IBEW, JULY 1, 1990
XXXII. RATIFICATION AND EXECUTION
and the UNION acknowledge that this Memorandum
full force and effect until ratified by the UNION
adopted by the City Council of the City of Azusa.
foregoing, this Memorandum of Understanding is
by the authorized representatives of the CITY and
FOR THE CITY OF SA
BY�
e4
49
OF ELECTRICAL WORKERS
DATE
DATE 7 3 0 —
DATE 7-30'90
DATE-
DATE
ATE-
DATE 7--3 - 90
DATE_ 7 -.6)
0 0
A
Apprentice Line Mechanic
flexible staffing, 22
salary, 22
B
Bereavement Leave, 30, 35
Bulletin Boards, 4
C
Cafeteria Benefit Plan, 38
eligibility, 38
City Rights, 2
Compensatory Time, 17
maximum, 17
Customer Service Representative
flexible staffing, 22
D
Dues deduction, 4
E
Educational Reimbursement, 39
Employee Organizations Rights, 4
Existing Benefits, 44
F
Flexible Staffing, 22
Floating Holidays, 24
Footwear, 8
Fringe Benefit Administration, 36
G
Grievance and Appeals, 9
H
Health Benefits, 38
Hearing
Personnel Board, 9
Holidays, 24
floating, 24
Hours of Work, 16
I
Inclement weather, 8
Indemnification, 4
Industrial Leave, 30, 33
J
Jury Duty, 28
01
0 0
L
Leave of Absence, 27
Licenses, 39
Life Insurance, 37
Line Mechanic salary, 22
M
Maintenance of Existing Benefits & Conditions, 44
Management Rights, 2
Meal (overtime) policy, 18
Military Leave, 29
N
No Strike - No Lockout, 14
Nondiscrimination, 7
O
Overtime, 17
rate, 18
P
PERS, 23
Probationary Employees, 12
R
Ratification and Execution, 49
Recognition, 1
Reinstatement, 13
8
Safety and Health, 8
Salary Ranges
7-1-90, 46
7-1-91, 47
7-1-92, 48
Salary/compensation/retirement, 22
Separability, 43
Sick Leave, 30
advance, 33
during vacation, 33
taken during probationary period, 31
Sole and Entire MOU, 41
Standby and Callback, 20
T
Term of MOU, 45
U
Unhealthful air, 8
Uniform Standards, 40
Union Organization, 5
2
V
Vacation, 25
W
Waiver of Bargaining, 42
Water Utility Operator I/II, 23
Water Utility Worker I/II, 23
Workday, 16
Working Out of Classification, 21
Workweek, 16
0
6
This letter shall constitute a side letter of agreement between
the International Brotherhood of Electrical Workers (IBEW) and
the management of the City of Azusa, to be made a part of the
Memorandum of Understanding effective 7-1-90 through 6-30-93.
The City and the IBEW agree to switch the holiday scheduled for
Lincoln's birthday from February 12, 1992, to the day after
Christmas, December 26, 1991. This "switch" affects these dates
only and does not affect any other scheduled holidays.
16
datee7
dat
/0/3)./ 9 I
date
/O1 A/9/
date
/l �Z
date
H U M A N R E S O U R C E S O F F I C E
■■
213 East Foothill Blvd., P.O. Box 1395, Azusa, California 91702-1395