HomeMy WebLinkAboutResolution No. 94-C3• RESOLUTION NO. 94-C3 •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS EFFECTIVE JULY 1, 1993.
FOLLOWS: THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS
WHEREAS, it is customary for the Management of the City of Azusa to
receive, on a periodic basis, proposals for amendments to the memoranda and/or
Resolutions that govern the compensation, benefits and working conditions of City
employees, based upon changes in the consumer price index and other factors, and
WHEREAS, the City Council acknowledged the International Brotherhood
of Electrical Workers as the recognized employee organization representing those
personnel employed by the various departments of the City of Azusa, and
WHEREAS, the City of Azusa has received the proposals for amendment
and updating of compensation and benefits for the upcoming 3 fiscal years for the
International Brotherhood of Electrical Workers (IBEW), and
WHEREAS, the City of Azusa and representatives of IBEW have met on
numerous occasions during the last 3 months and have discussed the issues between
them and have bargained in good faith, and
WHEREAS, the City and IBEW have come to an agreement with regard
to every issue, and
WHEREAS, the new Memorandum of Understanding between the City
of Azusa and the International Brotherhood of Electrical Workers covering the period
of July 1, 1993 through July 31, 1996, is attached hereto,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Azusa does hereby approve the Memorandum of Understanding attached hereto,
and directs the representatives of Management to affix their signatures theron.
The City Clerk shall certify the passage of this Resolution.
APPROVED AND PASSED this 4th day of January, 1994.
A1,11', /Zw VX, :22o��7
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was duly passed by the
City Council of the City of Azusa at a regular meeting thereof held on the 4th day of
January, 1994.
AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER,
MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY L _RK
C,
•
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA
AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 18
EFFECTIVE 7-1-93 THROUGH 7-31-96
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TABLE OF CONTENTS
1.
RECOGNITION .......................................
1
2.
CITY RIGHTS ........................................
1
2.1. Management Rights ...............................
1
3.
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES .....
3
3.1. Dues Deductions .................................
3
3.2. Indemnification ...................................
3
3.3. Newly Hired Employees .............................
3
3.4. Maintenance of Membership .........................
3
3.5. Bulletin Boards ...................................
4
3.6. Rights, Powers and Authority .........................
5
3.7. Union Organization ................................
5
4.
NONDISCRIMINATION ..................................
7
4.1. Protection of Rights ...............................
7
4.2. Anti -Discrimination ................................
7
4.3. Gender ........................................
7
5.
SAFETY AND HEALTH ..................................
7
5.1. Federal and State Laws .............................
7
5.2. Footwear .......................................
8
5.3. Weather and Air Quality ............................
8
6.
GRIEVANCE AND APPEALS PROCEDURE .....................
8
6.1. Resolution and Complaints ...........................
8
6.2. Investigation ....................................
9
6.3. Further Discussion ................................
9
6.4. Appeal of Disciplinary Action .........................
9
6.5. Advisory Arbitration ...............................
12
7.
PROBATIONARY EMPLOYEES .............................
13
7.1. Probationary Basis ................................
13
7.2. Discharge ......................................
14
7.3. Probationary Reinstatement ..........................
14
8.
REINSTATEMENT .....................................
14
8.1. Recommendation of Department Head ...................
14
8.2. Previous Service Credit .............................
14
8.3. Probationary Period ................................
14
9.
NO STRIKE - NO LOCKOUT ..............................
15
9.1.
No Cause Agreement ..............................
15
9.2.
Lockout ........................................
15
9.3.
Termination .....................................
15
9.4.
Suspension .....................................
15
9.5.
Instruction to Cease ...............................
16
9.6.
Non -Liability .....................................
16
10.
HOURS OF WORK .....................................
16
10.1.
Intent of Article ..................................
16
10.2.
Workweek/Workday ...............................
17
10.3.
Timekeeping Interval ...............................
17
11.
OVERTIME
..........................................
18
11.1.
Premium Pay ....................................
18
11.2.
Compensatory Time Off ............................
18
11.3.
Overtime Timekeeping Interval ........................
19
11.4.
Rate of Compensation ..............................
19
11.5.
Overtime Meal Policy ..............................
20
11.6.
Limitation of Authority .............................
20
11.7.
Priority ........................................
21
12.
STANDBY
AND CALLBACK ..............................
21
12.1.
Standby Pay ....................................
21
12.2.
Callback Pay ....................................
21
12.3.
Appropriate Rate of Pay for Callback ....................
21
13.
WORKING OUT OF CLASSIFICATION ........................
22
13.1.
City May Work Employees Out of Classification ............
22
13.2.
Pay Range ......................................
22
13.3.
Restriction ......................................
22
13.4.
Absence .......................................
23
13.5.
Lead Meter Reader ................................
23
14.
SALARY
AND COMPENSATION AND RETIREMENT ..............
23
14.1.
Pay Increases ....................................
23
14.2.
Apprentice Line Mechanic and Line Mechanic Helper .........
23
14.3.
Customer Service Representatives .....................
24
14.4.
Water Utility Workers and Operators ....................
25
14.5.
Retirement ......................................
25
14.6.
Longevity Premium ................................
26
14.7.
Bilingual Premium .................................
26
14.8.
Automatic Payroll Deposit ...........................
26
14.9.
Classification/Compensation Survey ....................
26
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15. HOLIDAYS .......................................... 27
15.1. Designated Holidays ............................... 27
15.2. Applicable Overtime Rates ........................... 27
15.3. Floating Holidays ................................. 27
15.4. Observation ..................................... 28
16. VACATION .......................................... 28
16.1. Computation and Accrual of Vacation ................... 28
16.2. Required Usage and Carryover ........................ 29
16.3. Termination ..................................... 29
16.4. Conversion ..................................... 29
17. LEAVE OF ABSENCE ................................... 30
17.1. Leave of Absence Without Pay ........................ 30
18.
JURY DUTY .........................................
31
18.1. Notification .....................................
31
18.2. Time Off .......................................
31
19.
MILITARY LEAVE .....................................
32
19.1. Section 395 .....................................
32
19.2. Salary .........................................
32
20.
SICK LEAVE, INDUSTRIAL LEAVE, AND BEREAVEMENT LEAVE .....
32
20.1. Sick Leave ......................................
32
20.2. Procedure ......................................
33
20.3. Probationary Period ................................
34
20.4. Reasons for Use of Sick Leave ........................
34
20.5. Restrictions on Sick Leave ...........................
35
20.6. Accrual and Use ..................................
35
20.7. Payment for Accumulated Sick Leave ...................
36
20.8. Advance Sick Leave ...............................
37
20.9. Sick Leave During Vacation ..........................
37
20.10. Industrial Leave ..............................
37
20.11. Bereavement Leave ...........................
39
21.
FRINGE BENEFIT ADMINISTRATION .........................
40
21.1. Administration ................ .......... ........
40
21.2. Selection of Funding Method .........................
40
21.3. Changes .......................................
40
21.4. Deferred Compensation .............................
40
22. LIFE INSURANCE ...................................... 41
22.1. Coverage ....................................... 41
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23. HEALTH BENEFITS .................................... 41
23.1. Flexible Benefit Plan ............................... 41
24. EDUCATIONAL REIMBURSEMENT AND LICENSES, COMPUTER LOAN . 42
24.1. Tuition Reimbursement ............................. 42
24.2. Computer Loan Program ............................ 45
25. UNIFORM STANDARDS ................................. 46
25.1. Presentability .................................... 46
25.2. Warm Weather ................................... 47
25.3. Shirts ......................................... 47
25.4. Meter Readers ................................... 47
26. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ......... 47
26.1. Intent ......................................... 47
26.2. City Rules and Regulations ........................... 48
27. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT ..... 48
27.1. Agreement Not To Negotiate ......................... 48
27.2.Reopener....................................... 48
28. SEPARABILITY ....................................... 49
29. MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS ........ 49
29.1. Remain In Force .................................. 49
29.2. Total Compensation ............................... 49
30. TERM OF MEMORANDUM OF UNDERSTANDING ............... 49
31. LONG TERM DISABILITY INSURANCE ....................... 49
32. I.B.E.W. CLASSIFICATION RANGE SCHEDULES ................ 51
33. RATIFICATION AND EXECUTION ........................... 54
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AZUSA
AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 18, BARGAINING UNIT 64
JULY 1, 1993
1. 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 Exhibits "A," "B" and "C."
2. CITY RIGHTS
2.1. Management Rights
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:
2.1.1. To manage the CITY generally and to determine the issues
of policy.
2.1.2. To determine the existence or non-existence of facts which
are the basis of the Management decision.
2.1.3. To determine the necessity and organization of any service
or activity conducted by the CITY and expand or diminish
services.
2.1.4. To determine the nature, manner, means, and technology,
and extent of services to be provided to the public.
2.1.5. Methods of financing.
2.1.6. Types of equipment or technology to be used.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
2.1.7. To determine and change the facilities, methods,
technology, means, and size of the work force by which
the CITY operations are to be conducted.
2.1.8. 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.
2.1.9. 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.
2.1.10. To relieve EMPLOYEES from duties for lack of work or
similar nondisciplinary reasons.
2.1.11. To establish and modify productivity and performance
programs and standards.
2.1.12. To discharge, suspend, demote or otherwise discipline
EMPLOYEES for proper cause.
2.1.13. To determine job classifications and to reclassify
EMPLOYEES.
2.1.14. 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.
2.1.15. To determine policies, procedures and standards for
selection, training and promotion of EMPLOYEES.
2.1.16. To establish EMPLOYEE performance standards including,
but not limited to, quality and quantity standards and to
require compliance therewith.
2.1.17. To maintain order and efficiency in its facilities and
operations.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
2.1.18. To establish, promulgate and modify rules and regulations
to maintain order and safety in the CITY which are not in
contravention with this agreement.
2.1.19. To take any and all necessary action to carry out the
mission of the CITY in emergencies not contrary to this
AGREEMENT.
3. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
3.1. 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 authorizes 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.
3.2. 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.
3.3. Newly Hired Employees
The UNION shali be provided with a list of the names and departments of newly
hired EMPLOYEES in the representation unit on a monthly basis.
3.4. Maintenance of Membership
3.4.1. All unit members who, on January 1, 1994, or thereafter
are members of IBEW, Local 18 in good standing, shall
maintain membership in IBEW, Local 18 for the term of this
MOU, except as otherwise provided below.
3.4.2. IBEW, Local 18 hereby agrees to hold harmless the City of
Azusa and its officers and employees from any claim loss
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
or liability or cause of action of any nature whatsoever
arising out of the implementation of this article.
3.4.3. Every employee who is a member of IBEW, Local 18 shall
have the right to withdraw from membership between June
1 and June 15 of each year.
3.5. 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:
3.5.1. UNION recreational, social and related UNION news
bulletins.
3.5.2. Scheduled UNION meetings.
3.5.3. Information concerning UNION elections and the results
thereof.
3.5.4. Reports of official UNION business, including UNION
newsletters, reports of committees, or the Board of
Directors.
3.5.5. 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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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
3.6. Rights, Powers and Authority
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.
3.7. Union Organization
3.7.1. 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.
3.7.1.1. 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.
3.7.1.2. 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.
3.7.2. Officers and representatives (subject to the provisions of
Paragraph 3.7.1.2.) 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.
3.7.2.1. Such officers and representatives shall not enter any
work location without the knowledge of the
department head, division head, or other appropriate
supervisor.
3.7.2.2. Solicitation of membership and all activities
concerned with the internal management of the
UNION, such as collecting dues, holding membership
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
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.
3.7.2.3. Such officers and representatives shall not use CITY
vehicles while conducting activities as stated in
3.7.2.2.
3.7.3. 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.
3.7.3.1. 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.
3.7.3.2. Such meetings are subject to scheduling in a manner
consistent with operating needs and work schedules.
3.7.4. Officers and shop stewards or representatives (subject to
the provisions of Paragraph 3.7.1.2.) 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.
3.7.4.1. Such officers shall not leave their duty or work
station without the knowledge of the department
head, division manager or other appropriate
supervisor.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
3.7.5. 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 MOU or personnel rules.
4. NONDISCRIMINATION
4.1. Protection of Rights
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.
4.2. Anti -Discrimination
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.
4.3. Gender
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.
5. SAFETY AND HEALTH
5.1. Federal and State Laws
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.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
5.2. Footwear
EMPLOYEES who are required to wear specified footwear (safety shoes or
boots, heavy-duty walking shoes) shall receive an allowance of one hundred -
sixty dollars ($160) per year, except for those EMPLOYEES who are required
to wear Lineman's boots shall receive an allowance of up to the equivalent of
one pair of lineman's boots 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.
5.3. Weather and Air Quality
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.
6. GRIEVANCE AND APPEALS PROCEDURE
6.1. Resolution and Complaints
In any instance of grievance, the EMPLOYEE shall first make an effort to
resolve such grievance with his immediate supervisor. In the event such efforts
are not mutually satisfactory, the EMPLOYEE aggrieved shall within five (5)
working days, reduce his complaint to writing. The complaint shall set forth all
the facts necessary to understand the issues involved. It shall be submitted in
writing to the EMPLOYEE's immediate supervisor who shall transmit it to the
department head.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
6.2. Investigation
The department head shall investigate the facts and issues involved and
respond in writing within five (5) working days, stating the department's view
on the issue involved, with a copy to the EMPLOYEE.
6.3. Further Discussion
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 6.4. or Section 6.5..
6.4. Appeal of Disciplinary Action
Any EMPLOYEE in the classified service shall have the right to appeal to the
Personnel Board regarding any discipline. The appeal shall contain a written
narrative by the EMPLOYEE of the discipline imposed, 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.
6.4.1. Hearings
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:
6.4.1.1. Be represented by counsel or other representative of
his choice;
6.4.1.2. Testify under oath or affirmation;
6.4.1.3. Subpoena witnesses;
6.4.1.4. Cross-examine all witnesses;
6.4.1.5. Present such affidavits, exhibits and other evidence
deemed pertinent to the hearing.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
6.4.2. Unexcused Absences
Unexcused absences of the appellant at such hearing shall be deemed a
withdrawal of the petition and consent to the action from which the
appeal was taken.
6.4.3. Power to Examine
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.
6.4.4. Burden of Proof
The burden of proof shall be on the department head.
6.4.5. Informality
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.
6.4.6. Findings of the Personnel Board.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
6.4.6.1. 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.
6.4.6.2. 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.
6.4.6.3. After the Personnel Board has made its decision, the
employee shall have no right to grieve the
disciplinary action with the exception of Section
6.4.6.4. (Rev 7-30-90)
6.4.6.4. 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.
6.4.6.5. 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.
6.4.6.6. 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.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
6.4.7. Joint Accusations
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.
6.4.8. Continuance
The Personnel Board may grant a continuance of any hearing for good
cause.
6.5. Advisory Arbitration
For grievances relating solely to contract/MOU interpretation.
6.5.1. The arbitrator shall be selected by mutual agreement of
both parties from a list of seven (7) arbitrators submitted by
the American Arbitration Association. The selection shall
be made by alternatively striking the list with the first strike
determined by lot.
6.5.2. Where practicable, the date for a hearing shall not be less
than 20 calendar days, nor more than 60 calendar days,
from the date of the filing of the appeal with the Personnel
Director. The parties may stipulate to a longer or shorter
period of time in which to hear the appeal. All interested
parties shall be notified in writing of the date, time, and
place of hearing.
6.5.3. All hearings shall be conducted according to the procedures
of the American Arbitration Association.
6.5.4. Arbitration of a grievance under this provision shall be
limited to the issues submitted. The Arbitrator's decision
shall not add to, subtract from, or otherwise modify the
terms and conditions of this agreement.
,
6.5.5. The Arbitrator shall submit his/her written decision within
thirty (30) calendar days following the close of hearing,
unless the parties agree to an extension. The decision shall
set forth findings of fact and conclusions.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
6.5.6. The Arbitrator's decision shall be filed with the City
Administrator, with a copy sent to the grievant and a copy
to the Human Resources Director.
6.5.7. The Arbitrator's decision shall be subject to the approval of
the City Council. Either party shall have the opportunity to
submit their arguments to the City Council with regard to
the Arbitrator's findings of fact and conclusions.
6.5.8. The decision of the City Council shall be final and
conclusive. Copies of the City Council's decision, including
the Arbitrator's recommendations) shall be filed where
appropriate.
6.5.9. Each party shall bear equally the cost of facilities, fees and
expenses of the Arbitrator, including any court reporter and
transcripts. Each party shall bear its own witness and
attorney fees. If either party unilaterally cancels or
postpones a scheduled hearing, thereby resulting in a fee
charged by the Arbitrator or court reporter, then the party
responsible for the cancellation or postponement shall be
solely responsible for payment of that fee. This process
shall not apply to mutual settlements by the parties which
result in an arbitration fee.
6.5.10. The provisions of Section 1094.6 of the Code of Civil
Procedure shall be applicable to proceedings under this
Section.
7. PROBATIONARY EMPLOYEES
7.1. Probationary Basis
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.
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7.2. Discharge
Subject to Section 7.3., an EMPLOYEE may be discharged at any time during
his probationary period without the right of appeal or hearing.
7.3. Probationary Reinstatement
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.
8. REINSTATEMENT
8.1. Recommendation of Department Head
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.
8.2. Previous Service Credit
An EMPLOYEE reinstated after resignation in accordance with Section 8.1. shall
be credited with his previous service for computation of vacation, but shall not
retain any sick leave accumulated prior to resignation.
8.3. Probationary Period
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 UNDERSTANDING, IBEW, JULY 1, 1993
9. NO STRIKE - NO LOCKOUT
PROHIBITED CONDUCT
9.1. No Cause Agreement
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.
9.2. Lockout
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.
9.3. Termination
Any EMPLOYEE who participates in any conduct prohibited in Section 9.1. of
the above may be subject to termination by the CITY.
9.4. Suspension
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 9.5., "UNION Responsibility - Instruction to Cease", 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.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
UNION RESPONSIBILITY
9.5. Instruction to Cease
In the event that the UNION, its officers, agents, representatives or members
engage in any of the conduct prohibited in Section 9.1 above, "Prohibited
Conduct - No Cause Agreement", 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 9.1 above, "Prohibited Conduct - No Cause Agreement", and return
to work.
9.6. Non -Liability
If the Union performs all of the responsibilities set forth in Section 9.5. above,
its officers, agents and representatives shall not be liable or damages for
prohibited conduct performed by EMPLOYEES who are covered by this
Agreement in violation of Section 9.1 above, "Prohibited Conduct - No Cause
Agreement".
10. HOURS OF WORK
10.1. Intent of Article
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.
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10.2. Workweek/Workday
10.2.1. 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.
10.2.2. 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.
10.2.3. Notwithstanding the above, Water Utility Operators shall
work a schedule within the following 14 day cycle:
8 consecutive work days (Wednesday to Wednesday)
6 consecutive off days (Thursday to Tuesday)
For purposes of section 11.4.6, the Saturday and Sunday
falling during the 6 consecutive days off shall be treated as
a "Sunday".
10.3. 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 periods of time of eight (8) minutes
or more shall be rounded up.
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11. OVERTIME
11.1. Premium Pay
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.
11.2. Compensatory Time Off
11.2.1. 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.
11.2.2. 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.
11.2.3. 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.
11.2.4. 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.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
11.3. Overtime Timekeeping Interval
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.
11.4. Rate of Compensation
11.4.1. Except as provided elsewhere, all overtime work shall be
compensated at one and one-half 0 1/2) times the number
of hours worked.
11.4.2. All work done between the hours of midnight (12 midnight)
and five o'clock in the morning (5 a.m.) shall be
compensated at two (2) times the usual rate of pay.
11.4.3. 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.
11.4.4. 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.
11.4.5. 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.
11.4.6. 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.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
11.5. Overtime Meal Policy
11.5.1. 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 nine dollars ($9) for each such period.
11.5.2. 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 nine dollars ($9) for each such four
(4) hour period.
11.5.3. 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 nine
dollars ($9) for each such four (4) hour period.
11.5.4. 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 nine dollars ($9).
11.6. Limitation of Authority
Nothing herein is intended to limit or restrict the authority of the City to require
any employee to perform overtime work.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
11.7. Priority
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.
12. STANDBY AND CALLBACK
12.1. Standby Pay
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 that he/she will be using sick
leave while on standby duty, he/she will not be entitled to standby pay.
12.2. Callback Pay
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.
12.3. Appropriate Rate of Pay for Callback
12.3.1. The rate of pay for the first callback during a twenty-four
(24) hour period as defined in Section 12.3.3. 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.
12.3.2. All other callbacks during the same twenty-four (24) hour
period as defined in Section 12.3.3. shall be compensated
at the double-time (2) rate.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
12.3.3. 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.
12.3.4. 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.
13. WORKING OUT OF CLASSIFICATION
13.1. City May Work Employees Out of Classification
The CITY may work EMPLOYEES out of classification for up to forty (40)
consecutive working hours without compensation.
13.2. Pay Range
An EMPLOYEE who works more than forty (40) consecutive working hours out
of classification shall receive an upgrade equal to 5% or the first step of the
higher class, whichever is greater, commencing the first hour of working out
of classification and for each consecutive hour thereafter. Working in a higher
classification must be approved by the department head in advance.
13.3. Restriction
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.
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13.4. Absence
During the forty (40) consecutive working hour 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.
13.5. Lead Meter Reader
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.
14. SALARY AND COMPENSATION AND RETIREMENT
14.1. Pay Increases
Effective July 1, 1993, 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 zero percent (0%) pay increase. Thereafter, employees covered by
this Agreement and who are on the payroll on July 1, 1994, and July 1, 1995,
respectively, shall receive a four percent (4%) salary adjustment for each of the
two years. Salary ranges are reflected in Exhibits A, B and C.
14.2. Apprentice Line Mechanic and Line Mechanic Helper
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 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 Exhibits "A," "B"
and "C" of this document.
14.2.1. 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
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
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.
14.2.2. 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.
14.3. Customer Service Representatives
14.3.1. The classification of Customer Service Representative I, II,
and III, hereinafter 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 of performing all facets and duties of CSR II or
CSR III, respectively.
14.3.2. 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.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
14.4. Water Utility Workers and Operators
14.4.1. The classification of Water Utility Worker 1/II and Water
Utility Operator 1/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.
14.4.2. In the event that the "I" level of either position is not
promoted within one (11 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.
14.5. Retirement
14.5.1. PERS
The CITY shall continue its contract with the Public Employees
Retirement System (PERS) under the "2% @ 60 full formula" plan and
the increased level of the 1959 Survivor Benefit. The CITY shall
continue to pay both the "employee" and "employer" share of the cost
of this benefit.
The City shall amend its contract with the Public Employees' Retirement
System (PERS) to add an additional benefit of Service Credit for Unused
Sick Leave.
The City shall also amend its contract with the Public Employees'
Retirement System (PERS) to participate in the two-year Golden
Handshake program as authorized by the State Legislature.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
14.6. Longevity Premium
After completion of fifteen (15) years of service as a full-time benefited
employee, the employee shall receive a premium of 3% above base
salary.
After completion of twenty (20) years of such service, the employee
shall receive a premium of 5% above base salary.
14.7. Bilingual Premium
An employee shall be eligible to receive up to $75.00 per month if the following
conditions are met:
14.7.1. The employee must on a frequent and recurring basis speak
and/or translate by reading/writing one or more languages
other than English in the performance of his/her public
contact duties with the City. An employee is eligible for
$50.00 per month for verbal skills and an additional $25.00
per month for written skills.
14.7.2. The employee must pass a language skills test approved or
administered by the City.
14.8. Automatic Payroll Deposit
The City will begin offering this service as soon as it can set up the service
with a banking facility to accommodate the city's needs. Employee banking
preferences will be polled.
14.9. Classification/Compensation Survey
The City shall conduct a survey to determine the appropriate classification
and/or compensation for the following positions: Meter Test Series, Lead Field
Service Representative. The City and the Union will meet to discuss the results
of said survey by February 15, 1994.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
15. HOLIDAYS
15.1. Designated 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. All holidays shall be paid at a rate of ten (10)
hours, consistent with the four (4) day, ten (10) hour workweek schedule.
Holiday Schedule:
Month
93-94
94-95
95-96 96
Independence Day
July
5
4
4 4
Labor Day
September
6
5
4
Columbus Day
October
11
10
9
Veteran's Day
November
11
14
13
Thanksgiving Day
November
25
24
23
Christmas Day
December
27
26
25
New Year's Day
January
3
2
1
Martin Luther King Day
January
17
16
15
President's Day
February
21
20
19
Memorial Day
May
30
29
27
15.2. 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. The Water Utility Operators whose holiday falls on one of their 6
consecutive off days shall observe the holiday on the following Wednesday.
15.3. Floating Holidays
15.3.1. The parties agree to two (2) additional holidays designated
as floating holidays for EMPLOYEES to take at their
convenience with the prior approval of the department
head.
15.3.2. All "floating" holidays shall be requested in advance from
the appropriate department head or division manager.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
Enough employees shall remain at work during "floating"
holidays so that the City's business may be conducted.
15.3.3. "Floating" holidays shall accrue on July 1 and must be
taken by the following June 30 or the hours will be
forfeited.
15.4. Observation
The workweek for Thanksgiving week for all employees (with the exception of
Water Utility Operators) shall be Monday through Thursday.
16. VACATION
16.1. Computation and Accrual of Vacation
16.1.1. Accrual Schedule
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
11th 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
16.1.2. Accrual Rate
EMPLOYEES shall accrue paid vacation leave at periodic rates equivalent
to the annual schedule above.
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16.1.3. Vacation Credit
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.
16.2. Required Usage and Carryover
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, 1996. 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.
16.3. Termination
EMPLOYEES who terminate their employment with the CITY after six (6)
months of full time employment shall be paid for all accrued vacation, if any,
and the prorated portion of their unused vacation.
16.4. Conversion
An EMPLOYEE may not convert any accrued vacation into pay without the
recommendation of the EMPLOYEE'S department head.
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MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
17. LEAVE OF ABSENCE
17.1. Leave of Absence Without Pay
17.1.1. Conditions
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.
17.1.2. Merit and Extent
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.
17.1.3. Extension
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.
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17.1.4. Failure to Return
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.
17.1.5. Violation
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, and EMPLOYEE who falsifies the
reason for the request for the leave of absence shall be immediately
terminated.
17.1.6. Notice of Return
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.
18. JURY DUTY
18.1. Notification
An EMPLOYEE required for jury duty shall immediately notify his supervisor or
department head.
18.2. Time Off
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.
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19. MILITARY LEAVE
19.1. Section 395
Military leave with pay shall be granted in accordance with Section 395 of the
Military and Veterans code.
19.2. Salary
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.
20. SICK LEAVE, INDUSTRIAL LEAVE, AND BEREAVEMENT LEAVE
20.1. Sick Leave
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.
20.1.1. Beginning on the first payday on or after January 1, 1986,
a yearly evaluation period for the 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.
20.1.2. A decision to convert sick leave according to the policy
below shall be made by March 31:
20.1.2.1. 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:
20.1.2.1.1. Carry over the accrual and add it to his or her
sick leave balance.
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20.1.2.1.2. Convert, only to the extent that his/her
balance is more than zero at the beginning of
the new 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.
20.1.2.2. If the EMPLOYEE has used no more than three days
of sick leave, including time spent on personal
business or bereavement, he or she would have the
following options:
20.1.2.2.1. Carry over the accrual and add it to his or her
sick leave balance.
20.1.2.2.2. Convert, only to the extent that his/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.
20.2. Procedure
20.2.1. Notification
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.
20.2.2. Authorization Process
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.
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20.2.3. Daily Notification
An EMPLOYEE is required to notify his immediate supervisor or
department head each day of his absence unless otherwise directed by
his department head.
20.2.4. Doctor's Verification
A doctor's certificate shall automatically be required for sick leave
requested because of illness of more than three (3) days duration.
20.3. Probationary Period
Sick leave may be taken during the probationary period but only in such amount
as an EMPLOYEE would have earned if on permanent status. If the employee
does not become permanent, all paid sick leave must be reimbursed to the CITY
at the time of termination of employment or it shall be deducted from the
EMPLOYEE'S final paycheck. In the event no sick leave is taken during the
probationary period, a credit of six (6) days leave or more, as accrued, will be
credited to the EMPLOYEE when he attains permanent status.
20.4. Reasons for Use of Sick Leave
Sick leave shall be granted for the following reasons:
20.4.1. Personal
Personal illness or physical incapacity resulting from causes beyond the
EMPLOYEE'S control.
20.4.2. Non -Personal
The illness of a member of the EMPLOYEE'S immediate family (father,
mother, sister or brother), or members of the EMPLOYEE'S household
(husband, wife, and children) that require the EMPLOYEE'S personal care
and attention.
20.4.3. Quarantine
Enforced quarantine of the EMPLOYEE in accordance with the Health
Department regulations.
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20.4.4. Doctors' Appointments
Medical, dental, and optical appointments.
20.4.5. Personal Business
Personal business not to exceed a maximum of thirty (30) 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.
20.5. Restrictions on Sick Leave
An EMPLOYEE shall not be granted sick leave for the following reasons:
20.5.1. Self -Inflicted
Disability arising from any sickness or injury purposely self-inflicted, or
caused by his or her own willful misconduct.
20.5.2. Leave of Absence
Sickness or disability sustained while on leave of absence, other than
regular vacation leave.
20.5.3. Non -City Employment
Disability or illness arising from compensated employment other than
with the CITY.
20.6. 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.
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20.7. Payment for Accumulated Sick Leave
20.7.1. Entitlement
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:
20.7.1.1. Requirement
In the 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.
20.7.1.2. Voluntary Retirement
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.
20.7.1.3. Death
In the case of death, the EMPLOYEE has attained permanent
status.
20.7.2. Conversion of Accrued Sick Leave
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.
20.7.3. Termination
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.
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20.8. Advance Sick Leave
20.8.1. Permanent Employees
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.
20.8.2. Probationary Employees
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.
20.9. 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.
20.10. 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:
20.10.1. Rate of Pay
An EMPLOYEE granted industrial leave shall continue to be compensated
at his regular rate of pay in lieu of temporary disability payments.
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20.10.2. Restrictions
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 20.10.1.
above.
20.10.3. Duration
An industrial leave of up to ninety (90) calendar days shall be authorized
for each injury or illness determined to be compensable under the
Workers' Compensation Act. Paid leave may be continued subject to
review by the City Council at the end of such ninety (90) calendar day
period to a maximum of six (6) months. Supporting medical
documentation must accompany such requests for leave and be
submitted thirty (30) days prior to expiration date.
20.10.4. Conversion to LTD
Prior to the end of the six (6) months of paid leave pursuant to section
20.10.3., 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 Flexible 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)
20.10.5. Vacation and Sick Leave
Except as provided in 20.10.2. 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.
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20.10.6. Expiration
Industrial leave shall expire when one of the following conditions occurs:
20.10.6.1. EMPLOYEE is able to return to work to his regular
position.
20.10.6.2. The day before the EMPLOYEE is retired or separated
for disability. The EMPLOYEE'S "retirement date"
shall be the first of the month after all of the
following occur and are determined by the Public
Employees' Retirement System:
20.10.6.2.1. The EMPLOYEE'S condition is
determined to be permanent or of an
extended duration.
20.10.6.2.2. The degree of disability precludes
continued employment by the
EMPLOYEE in his/her present position.
20.10.6.3. After twenty-six (26) weeks of industrial disability
payments.
20.10.7. Physician Assignment
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.)
20.11. 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.
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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.
21. FRINGE BENEFIT ADMINISTRATION
21.1. Administration
The CITY reserves the right to select the insurance carrier or administer any
fringe benefit program that now exists or may exist in the future during the
term of this Memorandum of Understanding.
21.2. Selection of Funding Method
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.
21.3. 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.
21.4. 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.
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22. LIFE INSURANCE
22.1. Coverage
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.
23. HEALTH BENEFITS
23.1. Flexible Benefit Plan
23.1.1. Definition
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan
(CBP) shall be converted to an IRS Section 125 Flexible Benefit Plan
(FBP) administered by either the City or its designee. This Plan can be
used by the employee to pay, to the extent available, for qualified
benefits as determined by the IRS. The employee understands that, in
the event the total premiums and/or expenses for qualified benefits
selected by him/her exceed the amount of the FBP, the excess shall be
deducted from pre-tax wages of the employee.
23.1.2. Amount of Monthly Benefit
Effective August 1, 1993, the City will maintain the Flexible Benefit Plan
at five -hundred forty-five dollars ($545.00) per month for each
employee.
Effective August 1, 1994, the City will maintain the Flexible Benefit Plan
at five -hundred seventy dollars ($570.00) per month for each employee.
Effective August 1, 1995, the City will maintain the Flexible Benefit Plan
at five -hundred ninety-five dollars ($595.00) per month for each
employee.
23.1.3. Eligibility
In order for an employee to be eligible for the FBP in any given month,
he/she must be on payroll on the first work day (excluding recognized
paid City holidays) of that month.
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A new employee will be eligible for the full FBP applicable to his/her
bargaining unit if he/she begins work on the first work day (excluding
recognized paid City holidays) of the month. An employee whose date
of hire is on the second work day (excluding recognized paid City
holidays) of the month or thereafter will not be eligible for the FBP for
that month.
If an employee does not meet the qualifying work time in any given
month, 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 he/she has not met the qualifying work time for
eligibility for the FBP.
23.1.4. Termination
The City will not be responsible for payment of any qualified benefits on
behalf of an employee following the month of termination. If an
employee represented by the IBEW wishes to continue his/her qualified
benefits, advance payment for such qualified benefits will be deducted
from the employee's final pay.
24. EDUCATIONAL REIMBURSEMENT AND LICENSES, COMPUTER LOAN
24.1. Tuition Reimbursement
24.1.1. Objective
The tuition reimbursement program is designed to encourage employees
to continue their self -development by enrolling in approved classroom
courses which will:
24.1.1.1. Educate them in new concepts and methods in their
occupational field and prepare them to meet the
changing demands of their job.
24.1.1.2. Help prepare them for advancement to positions of
greater responsibility in the City of Azusa.
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24.1.2. Eligibility
24.1.2.1. All regularly appointed employees are eligible to
receive tuition reimbursement. Courses must
commence after appointment and be in excess of the
educational standards for the position. An example
of this would be job-related college or university
courses when the specification for the classification
calls for high school graduation.
24.1.2.2. Courses must be (except where noted below in
paragraphs 24.1.3.2. and 24.1.3.3.) traditional
classroom courses taken at colleges or universities
and approved by the Western Association of Schools
and Colleges. Credits given for non -classroom
assignments such as life experience, military training,
and professional training are not reimbursable.
24.1.2.3. Coursework must be related to the employee's
current occupation or to a City classification to
which the employee may reasonably expect
promotion within the next five years.
24.1.3. Courses may be eligible if they:
24.1.3.1. Are above the educational requirements of the
position as noted in the position specification and are
not taken to acquire skills, knowledge and abilities
which the employee was deemed to have when
appointed to the position.
24.1.3.2. Do not duplicate training which the employee has
already had or which is to be provided in-house.
24.1.3.3. Do not duplicate previously taken courses unless
special approval has been granted by the department
head and Human Resources.
24.1.3.4. Are required for the completion of the pre -approved
job-related major. An example would be general
education or elective requirements for the major as
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stated in the school catalog. Remedial courses or
those taken as required for a non -approved major
shall be eligible.
24.1.3.5. Include completed engineering review courses taken
at accredited institutions for which an academic
grade or units of academic credit are not given.
These courses must prepare candidates for a
certificate, license or registration issued by the
California Board of Registration for Professional
Engineers. The employee must receive the
certificate or license from this Board to be eligible for
reimbursement, which will be granted for a maximum
of 2 courses per certificate, license or registration.
24.1.3.6. Lead to a City -approved certificate, license or
registration. Reimbursement may be made for any
examination fees required to successfully obtain the
certificate, license or registration. Reimbursement
for eligible expenses will be made after obtaining the
license, certificate or registration.
24.1.3.7. Are not taken on City time and must be certified that
they are taken on the employee's off-duty time.
24.1.3.8. Have been approved by the Department Head and
the City Administrator or his/her designee before
commencement of the class.
24.1.4. Reimbursement
24.1.4.1. The City shall reimburse employees for tuition,
registration fees and texts required for the eligible
courses. Expenses for parking, travel, meals,
processing fees, transcript fees, materials and any
other costs are not reimbursable.
24.1.4.2. Employees shall be reimbursed up to the dollar
amount charged for the same number of units per
term by California State University system.
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24.1.4.3. In order to be reviewed, each application must state
exactly which units or credits the employee is
applying for and whether the courses submitted are
core courses or recommended electives for the
approved major.
24.1.4.4. Reimbursement shall be made upon completion of
the course with a minimum final grade of "C" or its
equivalent, i.e., a pass in a pass/fail course will be
considered equivalent to a "C". No reimbursement
shall be made for audited or incomplete courses.
24.1.4.5. Employees must submit from the attendant
institution an original certification of fees paid and
grade achieved in order to have their application
considered for reimbursement. These documents
must accompany the reimbursement application form
in order to be processed.
24.1.4.6. Application for reimbursement must be submitted
within three months of the completion of the
approved course in order to be considered for
reimbursement.
24.1.4.7. Upon termination from employment, employees shall
be required to reimburse the City for any funds
received under this program for courses completed
during the last 12 months of employment. This
payback provision does not apply to employees laid
off by the City or who separate as a result of a
City/departmental reorganization.
24.2. Computer Loan Program
24.2.1. The Computer Loan Plan described below shall be made
available to full time regular employees. Eligibility is limited
to employees who have completed their initial probation
period with the City.
24.2.2. The equipment configuration shall be appropriate to the
employee's position and career with the City.
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24.2.3. The City will recommend a vendor who has agreed to
provide discount pricing.
24.2.4. It is the employee's responsibility to negotiate the price for
the equipment and to bring a copy of the order/quote to the
City for approval orior to purchase.
24.2.5. The employee shall apply for a loan with the City on a City
provided loan application. If the employee qualifies, the
City will fund the loan on an interest free basis. Loan
payments must be by payroll deduction. Each loan
payment period shall not exceed two years and the
aggregate value of all loan(s) shall not exceed $5,000 per
employee. In order for an employee to receive a loan under
the Plan for equipment upgrades for purchase of equipment
components which are part of the City approved minimum
configuration, the employee must certify that he/she
already owns the remaining components required to meet
the minimum equipment configuration.
24.2.6. The plan will not apply to any equipment purchased prior to
November 1, 1993.
24.2.7. Any remaining loan balance must be paid in full at time of
separation of employment. Payment will be made directly
and/or by deduction from the last paycheck. In the event
an outstanding balance remains, the employee is
responsible for making payment arrangements. The failure
to make full payment will obligate the employee to pay the
City's attorneys fees in any restitution process.
25. UNIFORM STANDARDS
The following standards shall apply to employees as determined by the appropriate
management persons:
25.1. Presentability
An employee may be permitted to wear denim
returns the standard issue pants to the department
clothing will be determined by management.
W.
("Levi") pants if he or she
. The presentability of such
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25.2. Warm Weather
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.
25.3. Shirts
Shirts will be standard issue uniforms with the appropriate City logo and
employee's name. The fabric of these shirts may be cotton.
25.4. Meter Readers
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.
26. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
26.1. Intent
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.
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26.2. City Rules and Regulations
Notwithstanding the provisions of section 26.1, 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.
27. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT
27.1. Agreement Not To Negotiate
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.
27.2. Reopener
In the event that the cost -of -living for March 1993 to March 1994, or March
1994 to March 1995, (as measured by the All Urban Wage Earners Index, Los
Angeles -Anaheim -Riverside Metropolitan Area) exceeds six percent (6%), IBEW
may, at its option, request the City to reopen the Memorandum of
Understanding as to Article 14.1 - Pay Increases only. Nothing herein shall
obligate the City to grant any salary increase in excess of the four percent (4%)
as set forth in article 14.1.
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28. SEPARABILITY
Should any provisions of this Memorandum of Understanding be found to be
inoperative, void, or invalid by a court of competent jurisdiction, all other provisions
of this Memorandum of Understanding shall remain in full force and effect for the
duration of this Memorandum of Understanding.
Should this language render invalid any provisions of this Agreement, then meet and
confer sessions shall immediately commence in efforts to agree upon replacements
for such invalidated provisions.
29. MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS
29.1. Remain In Force
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.
29.2. Total Compensation
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.
30. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding (MOU) shall commence July 1, 1993
and shall continue in full force and effect until July 31, 1996.
31. LONG TERM DISABILITY INSURANCE
31.1. The CITY shall maintain in effect for the term of this agreement a long-
term disability plan covering EMPLOYEES set forth herein. Said plan
shall provide an employee with a maximum of two-thirds (2/3) of his/her
base salary. An employee may utilize his/her accrued sick leave,
E
0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
vacation, and/or compensatory time to supplement the LTD payment so
as to receive 100% of his/her base salary.
31.2. Long term disability benefits shall not commence until thirty (30)
calendar days of employment.
31.3. The City shall form a committee composed of one member of each
bargaining unit and members of the management staff to review
alternatives to the current LTD plan, including the plan benefits and the
costs of such benefits. In the event a new LTD plan is implemented, it
shall not provide a lesser level of benefits than currently provided.
32. I.B.E.W. CLASSIFICATION RANGE SCHEDULES
JULY 1. 1993
EXHIBIT "A" -- 1993-1994
MONTHLY SALARY
'Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places.
51
REGULAR
STEPS
SPECIAL LONGEVITY STEPS
Classification
Range
1
2
3
4
5
6
7
Apprentice Line Mechanic
5204
3317.20
3478.89
3648.67
3826.93
4014.12
4134.54
4214.82
Customer Service Rep. 1
5154
2049.65
2147.96
2251.19
2359.59
2473.40
2547.60
2597.07
Customer Service Rep. 11
5164
2255.37
2363.97
2478.00
2597.73
2723.45
2805.16
2859.63
Customer Service Rep. III
5174
2482.61
2602.57
2728.54
2860.80
2999.67
3089.66
3149.65
Customer Service Supervisor
5184
2733.63
2866.14
3005.28
3151.38
3304.78
3403.93
3470.02
Electrical Test Technician
5213
3620.16
3797.00
3982.69
4177.66
4382.37
4513.84
4601.49
•
Equipment Mechanic
5181
2655.68
2784.30
2919.35
3061.15
3210.04
�� 3306.34
3370.54
Equipment Mechanic Supervisor
8195
3080.25
3230.08
3387.44
3552.61
3726.09
3837.88
3912.39
Field Service Representative
5184
2733.63
2866.14
3005.28
3151.38
3304.78
3403.93
3470.02
Field Service Supervisor
5194
3010.91
3157.29
3310.98
3472.37
3641.82
3751.07
3823.91
Line Mechanic
5218
3800.58
3986.44
4181.59
4386.51
4601.67
4739.72
4831.75
Line Mechanic Crew Supervisor
,5228
4189.48
4394.79
4610.36
4836.71
5074.38
5226.62
5328.10
Line Mechanic Helper
5188
2841.24
2979.14
3123.93
3275.96
3435.59
3538.65
3607.37
Line Mechanic Supervisor
5243
4850.45
5088.80
5339.08
5601.86
5877.79
6054.12
6171.68
Meter Reader
5179
2605.00
2731.08
2863.47
3002.47
3148.43
3242.89
3305.85
Storekeeper
5172
2435.33
2552.93
2676.41
2806.07
2942.21
3030.47
3089.32
Utility Yard Office/Meter Test
5181
2655.68
2784.30
2919.35
3061.15
3210.04
3306.34
3370.54
Water Equipment Operator
5188
2841.24
2979.14
3123.93
3275.96
3435.59
3538.65
3607.37
Water Equipment Technician
5186
2786.90
2922.08
3064.01
3213.05
3369.53
3470.62
3538.01
Water Utility Crew Supervisor
5200
3191.01
3346.40
3509.55
3680.86
3860.74
3976.56
4053.77
Water Utility Operator 1
5178
2580.03
2704.87
2835.94
2973.57
3118.08
3211.63
3273.99
Water Utility Operator II
5186
2786.90
2922.08
3064.01
3213.05
3369.53
3470.62
3538.01
Water Utility Operator Supervisor5196
3069.75
3219.07
3375.86
3540.49
3713.34
3824.74
3899.01
•
Water Utility Supervisor
5210
3516.14
3687.79
3868.01
4057.24
4255.94
4383.62
4468.73
Water Utility Worker 1
5167
2321.18
2433.07
2550.56
2673.92
2803.45
2887.56
2943.63
Water Utility Worker II
5178
2580.03
2704.87
2835.94
2973.57
3118.08
3211.63
3273.99
Welder
5190
2896.67
3037.34
3185.04
3340.13
3502.97
3608.06
3678.12
'Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places.
51
EXHIBIT "B" -- 1994-1995
MONTHLY SALARY
*Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places.
52
REGULAR
STEPS
SPECIAL LONGEVITY STEPS
Classification
Range
1
2
3
4
5
6
7
Apprentice Line Mechanic
5204
3449.89
3618.05
3794.62
3980.01
4174.68
4299.92
4383.41
Customer Service Rep. 1
5154
2131.64
2233.88
2341.24
2453.97
2572.34
2649.50
2700.95
Customer Service Rep. II
5164
2345.58
2458.53
2577.12
2701.64
2832.39
2917.37
2974.02
Customer Service Rep. III
5174
2581.91
2706.67
2837.68
2975.23
3119.66
3213.25
3275.64
Customer Service Supervisor
5184
2842.98
2980.79
3125.49
3277.44
3436.97
3540.09
3608.82
Electrical Test Technician
5213
3764.97
3948.88
4142.00
4344.77
4557.66
4694.39
4785.55
Equipment Mechanic
5181
2761.91
2895.67
3036.12
3183.60
3338.44
3438.59
3505.36
Equipment Mechanic Supervisor
8195
3203.46
3359.28
3522.93
3694.70
3875.13
3991.38
4068.89
Field Service Representative
5184
2842.98
2980.79
3125.49
3277.44
3436.97
3540.09
3608.82
Field Service Supervisor
5194
3131.35
3283.58
3443.42
3611.26
3787.49
3901.11
3976.87
Line Mechanic
5218
3952.60
4145.90
4348.85
4561.97
4785.74
4929.31
5025.02
Line Mechanic Crew Supervisor
5228
4357.06
4570.58
4794.77
5030.18
5277.36
5435.68
5541.22
Line Mechanic Helper
5188
2954.89
3098.31
3248.89
3406.88
3572.91
3680.20
3751.66
Line Mechanic Supervisor
5243
5044.47
5292.35
5552.64
5825.93
6112.90
6296.28
6418.55
Meter Reader
5179
2709.20
2840.32
2978.01
3122.57
3274.37
3372.61
3438.08
Storekeeper
5172
2532.74
2655.05
2783.47
2918.31
3059.90
3151.69
3212.89
Utility Yard Office/Meter Test
5181
2761.91
2895.67
3036.12
3183.60
3338.44
3438.59
3505.36
Water Equipment Operator
5188
2954.89
3098.31
3248.89
3406.88
3572.91
3680.20
3751.66
Water Equipment Technician
5186
2898.38
3038.96
3186.57
3341.57
3504.31
3609.44
3679.53
Water Utility Crew Supervisor
5200
3318.65
3480.26
3649.93
3828.09
4015.29
4135.62
4215.92
Water Utility Operator 1
5178
2683.23
2813.06
2949.38
3092.51
3242.80
3340.10
3404.95
Water Utility Operator II
5186
2898.38
3038.96
3186.57
3341.57
3504.31
3609.44
3679.53
Water Utility Operator Supervisor5196
3192.54
3347.83
3510.89
3682.11
3861.87
3977.73
4054.97
Water Utility Supervisor
5210
3656.79
3835.30
4022.73
4219.53
4426.18
4558.96
4647.48
Water Utility Worker 1
5167
2413.96
2530.36
2652.53
2780.82
2915.52
3002.98
3061.29
Water Utility Worker II
5178
2683.23
2813.06
2949.38
3092.51
3242.80
3340.10
3404.95
Welder
5190
3012.54
3158.83
3312.44
3473.74
3643.09
3752.38
3825.24
*Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places.
52
EXHIBIT "C" -- 1995-1996
MONTHLY SALARY
*Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places.
53
REGULAR
STEPS
SPECIAL LONGEVITY STEPS
Classification
Range
1
2
3
4
5
6
7
Apprentice Line Mechanic
5204
3587.89
3762.77
3946.40
4139.21
4341.67
4471.92
4558.75
Customer Service Rep. 1
5154
2216.91
2323.24
2434.89
2552.13
2675.23
2755.48
2808.99
Customer Service Rep. II
5164
2439.40
2556.87
2680.20
2809.71
2945.69
3034.06
3092.98
Customer Service Rep. 111
5174
2685.19
2814.94
2951.19
3094.24
3244.45
3341.78
3406.67
Customer Service Supervisor
5184
2956.70
3100.02
3250.51
3408.54
3574.45
3681.69
3753.17
Electrical Test Technician
5213
3915.57
4106.84
4307.68
4518.56
4739.97
4882.17
4976.97
Equipment Mechanic
5181
2872.39
3011.50
3157.56
3310.94
3471.98
3576.13
3645.57
Equipment Mechanic Supervisor
8195
3331.60
3493.65
3663.85
3842.49
4030.14
4151.04
4231.65
•
Field Service Representative
5184
2956.70
3100.02
3250.51
3408.54
3574.45
3681.69
3753.17
Field Service Supervisor
5194
3256.60
3414.92
3581.16
3755.71
3938.99
4057.15
4135.94
Line Mechanic
5218
4110.70
4311.74
4522.80
4744.45
4977.17
5126.48
5226.02
Line Mechanic Crew Supervisor
5228
4531.34
4753.40
4986.56
5231.39
5488.45
5653.11
5762.87
Line Mechanic Helper
5188
3073.09
3222.24
3378.85
3543.16
3715.83
3827.41
3901.73
Line Mechanic Supervisor
5243
5246.25
5504.04
5774.75
6058.97
6357.42
6548.13
6675.29
Meter Reader
5179
2817.57
2953.93
3097.13
3247.47
3405.34
3507.51
3575.60
Storekeeper
5172
2634.05
2761.25
2894.81
3035.04
3182.30
3277.76
3341.41
Utility Yard Office/Meter Test
5181
2872.39
3011.50
3157.56
3310.94
3471.98
3576.13
3645.57
Water Equipment Operator
5188
3073.09
3222.24
3378.85
3543.16
3715.83
3827.41
3901.73
Water Equipment Technician
5186
3014.32
3160.52
3314.03
3475.23
3644.48
3753.82
3826.71
Water Utility Crew Supervisor
5200
3451.40
3619.47
3795.93
3981.21
4175.90
4301.04
4384.56
Water Utility Operator 1
5178
2790.56
2925.58
3067.36
3216.21
3372.51
3473.70
3541.15
Water Utility Operator II
5186
3014.32
3160.52
3314.03
3475.23
3644.48
3753.82
3826.71
Water Utility Operator Supervisor5196
3320.24
3481.74
3651.33
3829.39
4016.34
4136.84
4217.17
Water Utility Supervisor
5210
3803.06
3988.71
4183.64
4388.31
4603.23
4741.32
4833.38
Water Utility Worker 1
5167
2510.52
2631.57
2758.63
2892.05
3032.14
3123.10
3183.74
.
Water Utility Worker II
5178
2790.56
2925.58
3067.36
3216.21
3372.51
3473.70
3541.15
Welder
5190
3133.04
3285.18
3444.94
3612.69
3788.81
3902.48
3978.25
*Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places.
53
0 0
MEMORANDUM OF UNDERSTANDING, IBEW, JULY 1, 1993
33. 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
r
FOR THE CITY OF AZUSA
BY
BY
17
DATE
DATE
DATE �2/s,/9T
DATE
X19
BY DA
54
0 0
INDEX
Absence 23, 30, 31, 34, 35
Accrual and Use 35
Administration 40
Advance Sick Leave 37
Advisory Arbitration 12
Agreement Not To Negotiate 48
Anti -Discrimination 7
Appeal of Disciplinary Action 9
Applicable Overtime Rates 27
Apprentice Line Mechanic and Line Mechanic Helper 23
Appropriate Rate of Pay for Callback 21
Automatic Payroll Deposit 26
Bereavement Leave 32, 39, 40
Bilingual Premium 26
Bulletin Boards 4, 15
Callback Pay 21
Changes 40, 49
City May Work Employees Out of Classification 22
CITY RIGHTS 1, 48
City Rules and Regulations 48
Classification/Compensation Survey 26
Compensatory Time Off 18, 19, 27
Computation and Accrual of Vacation 28
Computer Loan Program 45
Conversion 29, 36, 38
Coverage 40, 41
Customer Service Representatives 24
Deferred Compensation 40
Designated Holidays 27
Discharge 2, 14, 15
Dues Deductions 3
EDUCATIONAL REIMBURSEMENT AND LICENSES, COMPUTER LOAN 42
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES 3
Federal and State Laws 7
Flexible Benefit Plan 38, 41
Floating Holidays 19, 27
Footwear 8
FRINGE BENEFIT ADMINISTRATION 40
Further Discussion 9
Gender 7
GRIEVANCE AND APPEALS PROCEDURE 8
HEALTH BENEFITS 41
HOLIDAYS 4, 19, 27, 28, 41, 42
HOURS OF WORK 16
I.B.E.W. CLASSIFICATION RANGE SCHEDULES 51
Indemnification 3
Industrial Leave 32, 37-39
Instruction to Cease 15, 16
Intent 16, 31, 47
Intent of Article 16
Investigation 9, 10
JURY DUTY 31
Lead Meter Reader 23
LEAVE OF ABSENCE 30, 31, 35
Leave of Absence Without Pay 30
LIFE INSURANCE 41
Limitation of Authority 20
Lockout 15
LONG TERM DISABILITY INSURANCE 49
Longevity Premium 26
MAINTENANCE OF EXISTING BENEFITS AND CONDITIONS 49
Maintenance of Membership 3
Management Rights 1
Meter Readers 23, 47
MILITARY LEAVE 32
Newly Hired Employees 3
No Cause Agreement 15, 16
NO STRIKE - NO LOCKOUT 15
Non -Liability 16
NONDISCRIMINATION 7
Notification 31, 33, 34
Observation 28
OVERTIME 18-20, 27
Overtime Meal Policy 20
Overtime Timekeeping Interval 19
Pay Increases 23, 48
Pay Range 22
Payment for Accumulated Sick Leave 36
Premium Pay 18, 23, 27
Presentability 46, 47
Previous Service Credit 14
Priority 21
Probationary Basis 13
PROBATIONARY EMPLOYEES 13, 37
Probationary Period 13, 14, 34
0 0
Probationary Reinstatement 14
Procedure 8, 13, 15, 33
Protection of Rights 7
Rate of Compensation 19
RATIFICATION AND EXECUTION 54
Reasons for Use of Sick Leave 34
RECOGNITION 1, 15
Recommendation of Department Head 14
REINSTATEMENT 14
Remain In Force 49
Reopener 48
Required Usage and Carryover 29
Resolution and Complaints 8
Restriction 22
Restrictions on Sick Leave 35
Retirement 23, 25, 30, 36, 38, 39
Rights, Powers and Authority 5
SAFETY AND HEALTH 7
Salary 11, 14, 23, 26, 31, 32, 36, 41, 47-53
SALARY AND COMPENSATION AND RETIREMENT 23
Section 395 32
Selection of Funding Method 40
SEPARABILITY 49
Shirts 47
Sick Leave 14, 18, 21, 25, 30, 32-40, 49
Sick Leave During Vacation 37
SICK LEAVE, INDUSTRIAL LEAVE, AND BEREAVEMENT LEAVE
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING 47
STANDBY AND CALLBACK 21
Standby Pay 21
Suspension 15, 30
TERM OF MEMORANDUM OF UNDERSTANDING 49
Termination 14, 15, 29, 31, 34, 36, 42, 45
Time Off 6, 18, 19, 27, 29, 31
Timekeeping Interval 17, 19
Total Compensation 49
Tuition Reimbursement 42, 43
UNIFORM STANDARDS 46
Union Organization 5
VACATION 14, 28-31, 33, 35, 37-39, 50
WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT
Warm Weather 47
Water Utility Workers and Operators 25
Weather and Air Quality 8
32
E?
WORKING OUT OF CLASSIFICATION 22
Workweek/Workday 17
VA